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Backup Documents 10/13/2009 Item #16I16,16 i BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 13, 2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) North Naples Fire Control and Rescue District: Annual Financial Report for FY ending 09/30/08; District's Audit for FY ending 09/30/08; District Map; Registered office and agent form; schedule of regular meetings for FY 09/10; Public Facilities Report; Five Year Strategic Plan; Resolution 09 -039 adopting final millage rate for FY 09/10; Resolution 09 -040 adopting final impact fee rates for FY 09/10; Resolution 09 -041 adopting Final Budget for FY 09/10 for General Fund and Inspection Fee Fund; Resolution 09- 042 adopting Final Budget for Impact Fee Fund for FY 09/10; Budgets for FY 09/10 General Fund, Impact Fee Fund and Inspection Fee Fund. B. Minutes: 1) Affordable Housing Commission: Minutes of June 1, 2009; August 3, 2009. 2) Airport Authority: Minutes of June 8, 2009. 3) Animal Services Advisor: Minutes of June 16, 2009; July 21, 2009. 4) Bayshore /Gateway Triangle Local Redevelopment Advisory Board: Minutes of April 7, 2009; May 5, 2009; June 2, 2009. 5) Collier County Coastal Advisory Committee: Minutes of April 10, 2008; May 14, 2009. 6) Collier County Code Enforcement Board: Minutes of June 25, 2009; July 23, 2009. 7) Collier County Planning Commission: June 4, 2009 Statement of Record; Minutes of July 2, 2009. 161 1 8) Contractors Licensing Board: Minutes of June 17, 2009. 9) Development Services Advisory Committee: Minutes of July 1, 2009. 10) Environmental Advisory Council: Minutes of May 6, 2009; August 5, 2009. 11) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of August 12, 2009; August 19, 2009. Minutes of February 11, 2009; July 8, 2009. 12) Golden Gate Community Center Advisory Committee: Agenda of May 4, 2009; August 31, 2009. Minutes of May 4, 2009; June 22, 2009. 13) Haldeman Creek Maintenance Dredging Advisory Committee: Agenda of November 13, 2008: February 12, 2009; March 26, 2009. Minutes of May 8, 2008; November 13, 2008; February 26, 2009. 14) Immokalee Beautification Advisory Committee: Agenda of June 24, 2009; July 22, 2009; August 26, 2009. Minutes of May 20, 2009; June 24, 2009; July 22, 2009 no quorum. 15) Immokalee Enterprise Zone Development Agency: Agenda of July 15, 2009; August 19, 2009. Minutes of June 17, 2009; July 15, 2009. 16) Immokalee Local Redevelopment Advisory Board: Agenda of July 15, 2009; August 19, 2009. Minutes of June 17, 2009; July 15, 2009. 17) Immokalee Master Plan and Visioning Committee: Agenda of July 15, 2009 joint w /CRA; August 19, 2009 joint w /CRA. Minutes of June 17, 2009 joint w /CRA; June 22, 2009 joint w /CRA; July 15, 2009 joint w /CRA. 18) Isles of Capri Fire Control District Advisory Committee: Minutes of July 9, 2009; August 5, 2009. 16i 1 19) Lely Golf Estates Beautification Advisory Committee: Agenda of October 30, 2008, January 15, 2009; March 19, 2009; April 9, 2009; May 21, 2009; July 16, 2009; August 20, 2009. Minutes of September 18, 2008; November 20, 2008; December 18, 2008; February 19, 2009; March 19, 2009; April 9, 2009: May 21, 2009; June 18, 2009; July 16, 2009. 20) Parks and Recreation Advisory Board: Minutes of June 17, 2009. 21) Pelican Bay Services Division Board: Agenda of July 13, 2009. Minutes of July 13, 2009. 22) Radio Road Beautification Advisory Committee: Agenda of August 19, 2008; Minutes of July 15, 2008; July 21, 2009. C. Other: 1) Animal Services Dangerous Dog Review Panel: Minutes of August 5, 2009; August 11, 2009; August 18, 2009; 2) Clam Bay Advisory Committee: Minutes of March 19, 2009; April 16, 2009; July 16, 2009. a) Clam Bay Navigational Marker Subcommittee: Minutes of February 6, 2009. b) Clam Bay Permit Subcommittee: Minutes of March 6, 2009. c) Clam Bay Mangrove Maintenance and Habitat Subcommittee: Minutes of March 18, 2009. 3) Code Enforcement Special Magistrate: Minutes of July 8, 2009; July 24, 2009; August 7, 2009; August 21, 2009. 161 1 A-) J. Christopher Lombardo, Chairman F A 1885 Veterans Park Drive Margaret Hanson, Vice Chairman a Paul J. Moriarty, Sr. Treasurer a Naples, FL 34109 James Burke, Commissioner (239) 597 -3222 John O. McGowan, Commissioner Fax (239) 597 -7082 North Naples Fire Control and Rescue District September 24, 2009 RECEIVED SEP 2 5 2009 Ms. Sue Filson Board of County Comte Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34101 Re: Special District's Reporting Information Dear Ms. Filson, Enclosed please find the following, as required by Florida Statute: 1. Copy of Annual Financial Report For the fiscal year ended 9- 30 -08; 2. Copy of the District's Audit for the fiscal year ended 9- 30 -08; 3. Copy of the District's Map; 4. Registered office and agent form; 5. Schedule of regular meetings of the Board of Fire Commissioners for the 2009 -2010 fiscal year; 6. Copy of the Public Facilities Report; and 7. Copy of the Five Year Strategic Plan. The District has no outstanding bonds. The budgets for the General Fund, Impact Fee Fund and Inspection Fee Fund for the 2009 -2010 fiscal year have been forwarded under separate cover. If you require any additional information, please contact me at the number above. Very truly yours, r BECKY POGAN BRONSDON Assistant Chief of Administrative Services Enclosures BJP/bp Misc. Corres: Date: 0 3 Aa X11 #: [ (4�; C 4Q3 to: c �c G C Y ty E N LL c o a O o N N N N ILI a U M CO Q) _ � h C) O - U C N G C p O a- O_ m m O C, > N E Cl) N LO rn C N Q 0 a O N N L N a m c y W j > w a O U h �C` a'o m (P a O r m V cm � c v a T M m > ; N > O C N -j cN N U v p n 4J _ ¢ O O > N Q C o c m a 2 N E ii 0 m a ro m Q Q Q Cn r- 0 E O s V R C a U G p a U N a CD C CD m O 0- N N CU C Q Q U] C a c � O o _O O R U E 2 LL N N d C O O Z L > (6 t V z Q O O .. 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C a� O O 161 1 po v U) fu a 0 E aj n Q) a c a v 161 1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT BASIC FINANCIAL STATEMENTS TOGETHER WITH REPORTS OF INDEPENDENT AUDITOR YEAR ENDED SEPTEMBER 30, 2008 ]6l 1 RI TABLE OF CONTENTS Page(s) INDEPENDENT AUDITOR'S REPORT ................................. ............................... 1 -2 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD &A) .... ............................... i -xii BASIC FINANCIAL STATEMENTS GOVERNMENT -WIDE FINANCIAL STATEMENTS: Statement of Net Assets .................................................... ............................... 3 Statement of Activities ..................................................... ............................... 4 -- FUND FINANCIAL STATEMENTS: Governmental Funds: BalanceSheet .............................................................. ............................... 5 Reconciliation of the Balance Sheet of Governmental Funds 47 to the Statement of Net Assets ......................................... ............................... 6 Statement of Revenues, Expenditures and Changes 48 -50 inFund Balance .......................................................... ............................... 7 Reconciliation of the Statement of Revenues, Expenditures and Changes 51 in Fund Balance of Governmental Funds to the Statement of Activities ........................ 8 Fiduciary Fund - Firefighters' Pension Plan: 52 Statement of Fiduciary Net Assets ...................................... ............................... 9 -- Statement of Changes in Fiduciary Net Assets ........................ ............................... 10 —" NOTES TO THE FINANCIAL STATEMENTS .......................... ............................... 11-46 "— REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MD &A -- BUDGET TO ACTUAL COMPARISON - MAJOR FUNDS (General and Special Revenue Funds) Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - - General Fund - Summary Statement .................................... ............................... 47 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Detailed Statement ...................................... ............................... 48 -50 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Summary Statement ................................. ............................... 51 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Detailed Statement 52 BUDGET TO ACTUAL COMPARISON - OTHER NON -MAJOR GOVERNMENTAL FUNDS _ Special Revenue Funds: Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - -- Inspection Fee Fund - Summary Statement ......................... ............................... 53 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - ~— Inspection Fee Fund - Detailed Statement ........................... ............................... 54 -55 16 TABLE OF CONTENTS (CONTINUED) Page(s) ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards ........................................... ............................... 56 -57 Independent Auditor's Report to Management ............................. ............................... 58 -59 Management's Response to Independent Auditor's Report to Management ........................................... ............................... Exhibit TUSCAN & Company, ]PA _. Certified Public Accountants & Consultants 161 l !V Affiliations Florida Institute of Certified Public Accountants American Institute of Certified Public Accountants INDEPENDENT AUDITOR'S REPORT Board of Commissioners r.. North Naples Fire Control and Rescue District 1885 Veterans Park Drive — Naples, Florida 34109 -0492 Private Companies Practice Section Tax Division ® We have audited the accompanying basic financial statements of North Naples Fire Control and -_ Rescue District (the "District ") as of September 30, 2008 and for the year then ended. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We did not audit the financial statements of North Naples Fire Control and Rescue District Firefighters' Pension Fund ( "Pension Fund "), which represent 100% of the assets, liabilities and net assets as well as 100% of the revenue and expenses of the District's Fiduciary Fund. Those financial statements were audited by other auditors whose report has been furnished to us, and our opinion, insofar as it relates to the.amounts included for North Naples Fire Control and Rescue District Firefighters' Pension Trust Fund, is based on the report of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit -- also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. The District recorded expenditures totaling $1,009,715 from the General and Inspection Fee funds for Firefighters' Pension Trust Fund Plan contributions and the Pension Fund (a fiduciary fund) recorded contributions of $726,135 and a deferred (prepaid) contribution of $283,580. This difference is further discussed in Note Q in the Notes to the Financial Statements. INTEGRITY ......... SERVICE ......... EXPEDIENCE 12621 World Plaza Lane, Building 55 • Fort Myers, FL 33907 • Phone: (239) 333 -2090 • Fax: (239) 333 -2097 161 1 y�1 Board of Commissioners North Naples Fire Control and Rescue District Page 2 In our opinion, based on our audit and the report of other auditors except for the difference of -- $283,580 resulting from the difference in the recording of retirement contributions between the District and the Pension Fund as described in the preceding paragraph, the basic financial statements referred to above present fairly, in all material respects, the financial position of North _.. Naples Fire Control and Rescue District as of September 30, 2008, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated �-- May 29, 2009, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grants, and other matters. The purpose of that report is to describe the scope of our testing of the internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. The Management's Discussion and Analysis on pages i -xii is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the Management's Discussion and Analysis. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the District's basic financial statements taken as a whole. The required supplementary information other than MD &A on pages 47 -55 described in the accompanying table of contents is presented for the purposes of additional analysis and is not a required part of the basic financial statements but is -- supplementary information required by the Governmental Accounting Standards Board. Such information has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the _ basic financial statements taken as a whole. � P -- TUSCAN & COMPANY, P.A. Fort Myers, Florida May 29, 2009, except for Note Q, as to which the date is August 27, 2009 - 161 lAf MANAGEMENT'S DISCUSSION AND ANALYSIS (MD &A) - 161 1 Management's Discussion and Analysis Of Financial Statements FYE 9 -30 -08 This Discussion and Analysis of the North Naples Fire Control & Rescue District's ( "The District ") financial statements is provided to assist the reader in understanding the District's financial activities and significant changes in ending financial position for the — fiscal year ended September 30, 2008. The District implemented the requirements of GASB Statement 434 for the fiscal year ended September 30, 2004. This Statement dramatically changed the District's annual reporting requirements, as well as the financial statement format and presentation. -- Contained within are the basic financial statements, consisting of the government -wide financial statements, governmental fund financial statements and notes to the financial — statements. This Discussion and Analysis will also provide an analytical overview of — these statements, including comparisons of the District's financial position at September 30, 2008 versus September 30, 2007. District Highlights 1. At the conclusion of fiscal year 2008, the District's assets exceeded its liabilities, resulting in net assets of $35,589,890, as compared to net assets at September 30, 2007 of $30,496,520. 2. The District's total net assets increased $6,712,970 during fiscal year 2008, as compared to an increase of $5,365,126 in total net assets during fiscal year 2007. 3. The District had $12,211,914 of unrestricted net assets at September 30, 2008, that can be used to meet the District's ongoing obligations, as compared to $7,864,633 at September 30, 2007. The amount of unrestricted net assets increased by $4,347,281. 4. Total revenues on the governmental funds basis increased $181,969 or .60 percent, in comparison to the prior year. 5. Total expenditures on the governmental funds basis decreased $6,373,734, or 20 percent, in comparison to the prior year. Government -wide Financial Statements — Government -wide financial statements (Statement of Net Assets and Statement of Activities found on pages 3 and 4) are intended to allow a reader to assess a government's operational accountability. Operational accountability is defined as the — extent to which the government has met its operating objectives efficiently and effectively, using all resources available for that purpose, and whether it can continue to meet its objectives for the foreseeable future. Government -wide financial statements concentrate on the District as a whole and do not emphasize fund types. The Statement of Net Assets (page 3) presents information on all of the District's assets and liabilities, with the difference between the two reported as net assets. The District's capital assets are included in this statement and reported net of their accumulated depreciation. — The Statement of Activities (page 4) presents revenue and expense information showing how the District's net assets changed during the fiscal year. Both statements are measured and reported using the economic resource measurement focus (revenues and BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 161 expenses) and the accrual basis of accounting (revenue recognized when earned and expense recognized when incurred). Governmental Fund Financial Statements The accounts of the District are organized on the basis of governmental funds, each of which is considered a separate accounting entity. The operations of each fund are °- accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. -° Governmental fund financial statements (found on pages 5 and 7) are prepared on the modified accrual basis using the current financial resources measurement focus. Under `- the modified accrual basis of accounting, revenues are recognized when they become measurable and available as net current assets. Notes to the Financial Statements The notes to the financial statements explain in detail the data contained in the preceding �-- statements and begin on page 11. These notes are essential to a full understanding of the data provided in the government -wide and fund financial statements. Government -Wide Financial Analysis The government -wide financial statements are designed so that the user can determine if -. the District's financial condition is better or worse than the prior year. The following is a Condensed Summary Statement of Net Assets for the District (Primary Government) at September 30, 2008 and 2007: �--- Assets: Current and Other Assets Capital Assets Total Assets Liabilities: Current Liabilities -- Non - Current Liabilities Total Liabilities Net Assets: Invested in Capital Assets, Net of Related Debt Unrestricted Total Net Assets Summary Statement of Net Assets September 30 2008 $14,494,161 24,096,576 $38,590,737 Total Liabilities and Net Assets $ 922,370 2,078,477 3,000,847 BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 ii 23,377,976 12,211,914 35,589,890 38.590.737 2007 $ 8,393,429 23,402,117 $31,795,546 $ ( 797,486) 2,096,512 1,299,026 22,631,887 7,864,633 30,496,520 31,795.546 1 )kv Current and other assets represent 37 percent of total assets at September 30, 2008, as compared to 26 percent at September 30, 2007. Current assets at September 30, 2008 are comprised of unrestricted cash balances of $4,834,507, restricted cash of $23,877 and other assets (investments) of $9,000,000. The balances of unrestricted cash represent amounts that are available for spending at the discretion of the Board of Fire Commissioners of the District. Restricted cash balances are comprised of the impact fee funds restricted for the purchase of capital assets and unspent inspections fee revenue restricted to support the inspection of new construction. The investment in capital assets, net of related debt, represent 65 percent of net assets at September 30, 2008, as compared to 74% (percent) at September 30, 2007. These assets are comprised of land, construction in progress, buildings, improvements, equipment, furniture, and vehicles, net of accumulated depreciation, and the outstanding related debt used to purchase the assets. The unrestricted net asset balance of $12,211,914 represents M resources available for spending at September 30, 2008. -- Summary of Revenues, Expenses and Changes in Net Assets For the Year Ended September 30, 2008 and September 30, 2007 Revenues: 2008 2007 General Revenues Ad Valorem Taxes $27,889,425 $25,834,568 Miscellaneous Impact Fees 1,437,474 3,591,798 Investment Earnings 783,978 696,978 Other 565,482 268,433 Program Revenues Charges for Services 990,945 1,056,881 Other 43,843 38,670 -- Total Revenues 31,711,147 31,487,328 Expenses: Public Safety —Fire/ Rescue Service 24,998,177 26,122,202 Increase in Net Assets 6,712,970 5,365,126 -- Net Assets - Beginning of Year 30,496,520 25,131,394 Reclassification (1,619,600) -0- Net Assets -End of Year $ 35,589,890 $30,496,520 Reclassification -- During the year ended September 30, 2008, the District determined that a reclassification adjustment was necessary. The reclassification entry decreased the beginning unrestricted net assets balance on the Statement of Net Assets and the beginning Impact Fee fund balance on the Balance Sheet — Government Funds by $1,619,600. The balance on both government -wide and fund financial statements has been reclassified from deferred revenue (deficit). The reclassification entry was required to properly reflect the ._ BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 iii fact the District elected to loan the Impact Fee Fund money in order for the Impact Fee - Fund to purchase two (2) unimproved parcels of land for future stations and one (1) improved parcel for a maintenance facility during the year ended September 30, 2007. Due to the economic slowdown, the District has not collected impact fees in amounts sufficient to fully fund the capital purchases. Therefore, the General Fund loaned the ® Impact Fee Fund money to purchase the sites due to growth in the District. The loan is recorded as "Due to the General Fund" and will be repaid as impact fees are collected. The reclassification from a deficit deferred revenue results in a deficit fund balance in the -- Impact Fee Fund. The assessed value of the property within the District increased 9 percent over the prior year's assessed value, resulting in an increase in Ad Valorem tax revenues. The increase in assessed value for 2007 -2008 was 11 percent less than the 20 percent increase for the 2006 -2007 fiscal year. Assessed property values within the District have increased by $9.7 Million or 51 percent over the past four years. Due to the District's rate of assessed value growth, there has been no increase to the millage rate in over twenty years. The increase in Ad Valorem revenue resulting from the increase in property value has been sufficient to provide adequate funds to support operational, capital and reserve financial requirements without increasing the millage rate. The following chart identifies the increase in appraised property values in the District and the millage rate maintained by the District. Property Values and Millage Assessed BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 iv $35,000,000,000 $30,000,000,000 $25,000,000,000 $20,000,000,000 Appraised Property Value i— Millage Rate $15,000,000,000 $10,000,000,000 $5,000,000,000 16 1 �. Fund Balance – Governmental Fund Financial Statements Staff has worked hard to meet the Board of Fire Commissioners' directive to increase the .-. fund balance and cash reserve of the General Fund to solidify the District's financial position. The total fund balance of the General Fund, comprised of both designated and --- undesignated reserves, was $13,953,594 at September 30, 2008. This fund balance represents an increase of $4,856,267 over the total fund balance of the General Fund at September 30, 2007. In September of 2006, a comprehensive Five Year Plan for the District was developed. This plan is reviewed and revised annually, just prior to preparation of the District's annual budget. The Plan was amended and updated in September 2008. The Five Year Plan has become an integral tool to assist in the identification of the financial needs for the future of the District, and as such, has assisted the Board of Fire Commissioners in _. establishing comprehensive designated reserves to financially provide for the identified _ needs of the District. -- The fund balance of $13,953,594 for the fiscal year ended September 30, 2008 is comprised of designated reserves in its entirety. In light of the current and forecasted economic trends and accompanying decrease in property value, the Board determined that the need to build reserves specifically designated to maintain the current level of service was paramount. To that end, the Board established a new designated reserve to maintain the level of service in an effort to address anticipated revenue reductions in the 2008 -2009, 2009 -2010 and 2010 -2011 fiscal years. In September of 2008, the Board -- amended the General Fund Budget to provide for the increase in the designated reserve identified as Maintaining the Level of Service. The Board directed that the balance in this designated reserve would reflect the variance in total cash reserve anticipated at ® September 30, 2008 based on the difference between anticipated revenue and expenditures and actual revenue and expenditures. Other reserves are designated to accommodate the future financial needs of the District as -- identified in the Five Year Plan as amended in September of 2008. The following General Fund Designated Reserves were approved for the fiscal year ended September 30, 2008 in coordination with the Five Year Plan and as a result of the anticipated reduction in future General Fund Ad Valorem revenue: Maintaining Level of Service $ 4,782,694 Loan Lump Sum Payment 500,000 Replacement Radios /Communications 500,000 -- GASB 45 Post Employment Benefits 500,000 Advanced Life Support Program 500,000 Health Insurance 500,000 Emergency Reserve 1,000,000 Operating Reserve 1,750,000 _. Fire Apparatus 1,200,000 Building Improvements 1,000,000 — Vehicle Replacement 100,000 Capital Equipment 1,000,000 Disaster Preparedness 500,000 Station #46 Improvements 20,900 Personal Protective Gear 100,000 Total Designated Reserves X13,953,594 .-. BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 v 161 1 �� These designated reserves have been established by the Board of Fire Commissioners to meet the future needs of the District. As indicated in the District's Five Year Plan, one new station is anticipated to be operational within the next five years, with funds allocated to initial permitting and planning expenditures for three other stations. Due to the recent and dramatic decline in impact fees, and the anticipated revenue reduction resulting from decreasing property values, the Five Year Plan was revised to delay the construction in full on these three other stations. While impact fees can fund the creation -- of the infrastructure required for these stations, the staffing and maintenance must be funded by the General Fund. These designated reserves are also created to fund the replacement of capital assets originally funded through impact fees. Additionally, significant increases in health insurance, retirement, and other personnel and operating expenses require that funds be set aside, or designated, to prepare for the funding of future expenditures. This is especially necessary in light of the current -- economic situation and the anticipated impact of the decline in property values statewide, and the resulting revenue reduction resulting from such decline. As evidenced by the chart below, the District's General Fund fund balance has increased $13,059,635 or over 1450 percent since 1998. While the growth in fund balance is significant, it is consistent with State designated benchmarks and by no means an unnecessarily high accumulation of funds. Not only has it become evident that the -- District must be able to provide for operating and personnel expenses in the event of a serious hurricane or other natural disaster, it has become essential for future planning to ensure the financial stability of the District by increasing designated reserves to provide for the future needs of the District in anticipation of dramatic revenue reductions. It is also designed to allow for replacement of capital assets without planned increases in _ millage or long term debt. -- BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 vi $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 General Fund Fund Balance 1998 - 2008 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 ■ 9/30!98 ■ 9/30199 0 9/30/00 0 9/30101 ■ 9/30102 ■ 9/30103 29/30/04 0 9/30105 ■ 9/30106 ■ 9/30/07 139/30108 Impact Fees Impact fee receipts for the year ended September 30, 2008 represent a decrease of $463,335, or 24 percent, as compared to the prior fiscal year. This dramatic decrease in impact fee receipts is a result of the current economic climate and the related decrease in new construction in the District. This is the first fiscal year in which a decrease in impact fee revenue has been realized. This decrease has had a significant effect on the current year impact fee expenses, as well as those anticipated over the course of the next several fiscal years. The Board of Fire Commissioners has recognized that the growth in the District has been significant over the last several years, and has anticipated the District would reach a point where the growth and resulting impact fees would substantially decrease. However, it was initially believed that the appropriate increase in rates adopted by the Board in 2007 would partially offset the decrease in construction. Because the decrease in impact fee revenue was so significant, the Five Year Plan has had to be amended to reflect newly calculated anticipated decreases. BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 vii 11 �( 161 1 A � Inspection Fees -- Inspection fee receipts for the year ended September 30, 2008 represent a decrease of $48,795 or 6 percent over receipts in the prior fiscal year, as compared to a decrease of $43,907, or 4 percent over the inspection fee receipts for fiscal year 2007 vs. 2006. These inspection fees are received by the District for inspections performed on new construction, and are therefore a function of the number of new structures built and completed in the District. This is the second consecutive year in which the District has realized a decrease in inspection fee receipts. The decrease in receipts over the last two fiscal years has been $92,702, or more than 10 percent. This decrease in inspection fees received is a direct result of the decline in new construction and inspections thereon within the District. The decrease in fees over two consecutive years has resulted in the inability of the revenues of the fund to support the operating budget. As a result, the General Fund has provided financial assistance to support the Inspection Fee Fund. This fund will need to be monitored closely in the future to determine if the General Fund will be required to continue to provide financial assistance to support the Inspection Fee Fund -- operating costs. Budgetary Highlights Budget versus actual comparisons are reported in the required supplementary information -- other than management discussion and analysis on pages 47 through 55. General Fund expenditures were less than those budgeted, with Personnel Expenditures reflecting -- $1,180,284 or 6 percent less than budgeted, Operating Expenditures reflecting $710,944 or 17 percent less than budgeted, and Capital Outlay reflecting $418,330 or 18 percent less than budgeted. Differences between the final amended budget and actual expenditures in the General Fund were largely due to fewer non - essential purchases being made, and the serious effort exerted to control expenditures as tightly as possible faced -- with current and anticipated decrease in property (Ad Valorem) tax revenue. The amendments to General Fund revenue were necessary to reflect an increase in Ad Valorem tax revenue received resulting in collection above the 95 percent subject to budget requirements and an increase in interest income resulting from higher interest yield on certificates of deposit. -- The amendments to the General Fund expenditures were largely a result of the negotiation of the Collective Bargaining Agreement, which had not been completed at the time the 2007 -2008 budget was adopted. The Collective Bargaining Agreement included �. the provision for a 3 percent wage increase, as well as increases to certain professional pay incentives and training bonuses. A significant decrease ($2,070,142) in the amount of the District's contribution to the Chapter 175 Firefighters' Pension Plan also resulted from the negotiation of the Collective Bargaining Agreement, which provided a -- mechanism to capture additional State Premium Tax Funds to offset the District's required contribution to the plan. Capital Assets Non- depreciable capital assets include land and construction in progress. Depreciable assets include buildings, improvements other than buildings, equipment, furniture and vehicles. -- BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 viii �. 161 1 The following is a schedule of the District's capital assets as of September 30, 2008 and -- 2007. " Capital Assets September 30, 2008 and 2007 Capital Assets 2008 2007 Land $10,728,291 $10,728,291 Construction in Progress 480,363 702,480 Total Capital Assets not Depreciated 11,208,654 11,430,771 Buildings 12,061,899 10,235,082 Fixed Assets Acquired Under Capital Lease -0- -0- Vehicles 7,610,439 7,432,785 Office Equipment 654,430 586,817 Equipment & Machinery 2,642,630 2,675,730 Total Capital Assets Being Depreciated 22,969,398 20,930,414 Accumulated Depreciation _ Buildings ( 2,973,642) ( 2,635,028) Fixed Assets Acquired Under -- Capital Lease -0- -0- Vehicles ( 4,921,524) ( 4,403,722) Office Equipment ( 369,580) ( 323,551) Equipment & Machinery ( 1,816,730) ( 1,596,767) Total Accumulated Depreciation (10,081,476) ( 8,959,068) Total Capital Assets being Depreciated, -- Net 12,887,922 11,971,346 Capital Assets — Net of Depreciation 24,096,576 23,402,117 Related Debt _718,600) (770,230) Net Assets Invested in Capital Assets Net of Related Debt $ 23.377.976 $ 22,631.887 Significant capital asset purchases made during the fiscal year ended September 30, 2008 include: 1. The completion of the renovation of the shop /maintenance facility and Fire Prevention Headquarters purchased by the District in October of 2006. The renovation was completed in the 2007 -2008 fiscal year, with costs totaling $1,274,428. While the cost was significant, it was much more cost efficient to _ renovate an existing building and warehouse than to construct a new facility. The completion of this project providing additional administrative office space for the -- Fire Prevention Bureau, which was essential to the operation of the District, as -- BJP/bp 4- 28- 09/4 -29- 09/4 -30- 09/5 -05 -09 lx well as warehouse space and the increase in the size and functionality lof §te shop /maintenance facility; 2. Renovation to the administrative headquarters at Station #45, including the addition of a training room, conference area and administrative offices, with a ~- total cost of $182,664; 3. Purchase of office equipment and furniture for the Fire Prevention Bureau and for the renovated administrative area at Station 445 in the total amount of $88,671; 4. The removal of existing structures on District owned property at Nursery Lane (future site of Station #49) and Oakes Boulevard (future site of Station #410) at a -- total cost of $27,661. The removal of these structures was done not only in preparation of future station construction, but also to alleviate any safety concerns -' related to the condition of the structures; 5. Purchase of a 3000 Gallon Water Tender in the total amount of $157,198. The purchase of this piece of apparatus will provide mobile water to those areas not serviced by fire hydrants within the District's boundaries, and quite possibly reduce the District's ISO ratings resulting in a property insurance premium -- decrease for District residents; 6. Purchase of a replacement Battalion Chief s vehicle in the total amount of �- $37,867; 7. The purchase of CPAP medical units totaling $16,243 to expand the District's ability to provide emergency medical response; 8. Purchase of a Mercury 50hp outboard motor for the District's Rescue Boat in the amount of $4,619; 9. Fire and protective equipment totaling $42,960, which includes portable radios, training equipment, a thermal imaging camera and other replacement equipment necessary to provide fire protection and suppression services; and 10. Engineering, architecture and permitting fees relating to the construction of Station 448 in the total amount of $116,937. For additional information on the District's capital assets, see Note E on pages 27 and 28. Debt Administration As of September 30, 2008, the District had $2,132,066 of outstanding debt, as compared to $2,148,143 at September 30, 2007. That debt consists o£ 1. The balance on a note payable to a financial institution in the amount of $718,600 for the purchase of vacant land This debt was incurred in October of 2004, is payable in monthly installments of $6,542 at an interest rate of 3.54% through October of 2009, with a lump sum payment due November 1, 2009 in the amount of $662,444. The Board has established a Designated Reserve to accumulate the funds for the lump sum payment due in November of 2009; 2. Compensated absences (accrued vacation liability) in the amount of $1,413,466, as compared to $1,377,913 at September 30, 2007. The increase in this liability is due to the wage increases pursuant to the Collective Bargaining Agreement between the District and the Professional Firefighters' Local 2297 effective October 1, 2007. -- BJP/bp 4- 28- 09/4 -29- 09/4 -30- 09/5 -05 -09 x 1111 16J 1 /�I _ Economic Facts and Next Year's Budget Millage Rates The following factors were taken into consideration when the budget for the fiscal year -_ ending September 30, 2009 was prepared: 1. Appraised taxable property values decreased by $957,693,295 or 3 percent in tax year 2008 (FY 09) as compared to an increase of 9 percent in 2007 (FY 08). This is the first time since the creation of the District that property value has decreased as compared to a prior year's value. This decrease was anticipated, and the staff, under the Board's direction, has worked hard to control expenditures and increase reserves. The decrease in property value was less than the anticipated 10 percent. However, the expected decrease in value for the tax year 2009 (FY 10) year is 15 percent, or 50 percent more of a decrease than was anticipated last year for the 2009 year. These decreases are anticipated results of the low volume of property sales and associated decrease in property value nation wide. Because of this anticipated decrease in revenue, and because the District has no means to substantially make up for this anticipated shortfall in revenue, it has become even more essential to maintain and build financial reserves to insure the financial solvency of the District, and the ability to maintain the level of service. 2. The District reduced its millage rate from 1 mil ($1.00 for each $1,000 of appraised property value) to .9868 mils (.9869 cents for each $1,000 of appraised value) for the fiscal year ending September 30, 2009. The decision to reduce the millage rate was made by the Board of Fire Commissioners in accordance with legislation passed in June of 2007. The Board, by unanimous vote at the Final Budget Hearing for the 2007 -2008 fiscal year, opted to refrain from rolling back the millage rate to the prior year's and then reducing revenue by 3 percent, as the above referenced legislation required. Since this rollback of millage rate did not occur for the 2007 -2008 fiscal year, the District reduced revenue for the 2008- 2009 fiscal year by the difference between the Ad Valorem generated at the full millage rate, and the revenue which would have been generated if the millage rate had been rolled back and an additional 3 percent reduction recognized for the 2007 -2008 year. This resulted in a revenue reduction of approximately $1.3 million dollars for the 2008 -2009 fiscal year. The reduction in revenue was not as great as anticipated in 2007 -2008 because of the decline in property value. 3. The District had planned to open Stations #48, 449, #410 and #411 within the next two to five years. However, due to the estimated dramatic reduction in revenue resulting from the anticipated and realized decline in property value, and the dramatic reduction in impact fees received, all construction of new station sites, except for the engineering and architecture fees required to complete the permitting process for Station 448, has been halted. 4. No new positions are provided for in the General Fund Budget for 2008 -2009. Because of the anticipated reductions in revenue, the intent is to retain as much of the General Fund reserves as possible to avoid potential personnel reductions in the 2009 -2010 fiscal year. Additionally, an Early Retirement Incentive option was adopted by the Board to be effective during the 2008 -2009 fiscal year. The intent of this option is to provide incentive for employees to separate from the District and not fill the vacated positions. This provides the opportunity to save wages in the future without having to lay off existing employees. -� BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 xi 5. Capital purchases have been limited to only those essential items, including the renovation of the fire and sprinkler alarm system at Station #40 in the amount of $83,000, the installation of an emergency traffic device at Station #42 totaling $130,000, replacement of bay doors at Station #44 in the amount of $28,000 and -- other station improvements in the total amount of $172,700. 6. Provisions for the replacement of fire, medical and training equipment in the amount of $152,025 and a replacement fire engine in the amount of $480,000 are also made in the 2008 -2009 General Fund Budget. ._ Request for Information This financial report is designed to provide the reader an overview of the District. -- Questions regarding any information provided in this report should be directed to: Becky Pogan, Assistant Chief of Administrative Services, North Naples Fire Control & Rescue District, 1885 Veteran's Park Drive, Naples, FL 34109, 239 -597 -3222, e-mail: bpo gan&northnaplesfire. com. BJP/bp 4 -28- 09/4 -29- 09/4 -30- 09/5 -05 -09 Xii 1 A NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF NET ASSETS e September 30, 2008 ASSETS Current assets: Cash and cash equivalents Restricted cash and cash equivalents Investments Due from other governments Other receivables Other assets Total current assets Noncurrent assets: Capital assets: Land Construction in progress Depreciable buildings, equipment, and vehicles (net of $10,081,476 accumulated depreciation) Total noncurrent assets -- TOTAL ASSETS LIABILITIES "^ Current liabilities: Accounts payable and accrued expenses Accrued interest payable Contract deposits Deferred revenue Current portion of long -term obligations —' Total current liabilities Noncurrent liabilities: --- Noncurrent portion of long -term obligations TOTAL LIABILITIES �-- NET ASSETS Invested in capital assets, net of related debt Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS The accompanying notes are an integral part of this statement. 161 Governmental Activities $ 4,834,507 23,877 9,000,000 365,464 100,050 170,263 14,494,161 10,728,291 480,363 12,887,922 24,096.576 $ 38,590,737 $ 846,732 2,049 16,000 4,000 53,589 922,370 2,078,477 3,000,847 23,377,976 12,211,914 35,589,890 $ 38,590,737 1 ) Page 3 of 59 ,._ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF ACTIVITIES °— Year Ended September 30, 2008 _._ EXPENSES �. Governmental Activities Public Safety - Fire Protection. Personal services Operating expenses Depreciation Loss on disposition of capital assets Interest and fiscal charges TOTAL EXPENSES - GOVERNMENTAL ACTIVITIES PROGRAM REVENUES Charges for services Operating grants and contributions -- NET PROGRAM EXPENSES GENERAL REVENUES Ad Valorem taxes Impact fees Interest Other TOTAL GENERAL REVENUES INCREASE IN NET ASSETS NET ASSETS - Beginning of the year Reclassification NET ASSETS - End of the year The accompanying notes are an integral part of this statement. 161 1pr) Governmental Activities $ 20,147,456 3,494,304 1,242,515 87,148 26,754 24,998,177 990,945 43,843 23,963,389 27,889,425 1 ,437,474 783,978 565,482 30,676,359 6,712,970 30,496,520 (1,619,600) $ 35,589,890 Page 4 of 59 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT BALANCE SHEET - GOVERNMENTAL FUNDS September 30, 2008 161 1 i Page 5 of 59 LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable and accrued expenses $ 799,045 $ 47,687 $ - Total Due to other funds General Impact Fee Inspection Fee Governmental Contract deposits Fund Fund Fund Funds ASSETS 4,000 - - 4,000 Cash and cash equivalents $ 4,834,507 $ - $ - $ 4,834,507 Restricted cash and cash equivalents - 12,881 10,996 23,877 Investments 9,000,000 - - 9,000,000 Due from other governments 276,001 28,679 60,784 365,464 Due from other funds 391,818 - - 391,818 Other receivables 100,050 - - 100,050 Other assets 170,263 - - 170,263 TOTAL ASSETS $ 14,772,639 $ 41,560 $ 71,780 $ 14,885,979 LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable and accrued expenses $ 799,045 $ 47,687 $ - $ 846,732 Due to other funds - 300,000 91,818 391,818 Contract deposits 16,000 - - 16,000 Deferred revenue 4,000 - - 4,000 TOTAL LIABILITIES 819,045 347,687 91,818 1,258,550 FUND BALANCE Unreserved, reported in: General Fund: Designated 13,953,594 - - 13,953,594 Undesignated - - - - Special Revenue Funds: Designated (deficit) - (306,127) (20,038) (326,165) TOTAL FUND BALANCE 13,953,594 (306,127) (20,038) 13,627,429 TOTAL LIABILITIES AND FUND BALANCE $ 14,772,639 $ 41,560 $ 71,780 $ 14,885,979 The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT - RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2008 Total fund balance of governmental funds Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. Capital assets not being depreciated: Land Construction in progress Governmental capital assets being depreciated: Building, Equipment and Vehicles Less accumulated depreciation Long -term obligations are not due and payable in the current period and therefore are not reported in the funds. Note Payable Accrued interest payable on long -term obligations Compensated absences Elimination of interfund amounts: Due to other funds Due from other funds Total net assets of governmental activities The accompanying notes are an integral part of this statement. 10,728,291 480,363 22,969,398 (10,081,476) (718,600) (2,049) (1,413,466) (391,818) 391,818 Amount $13,627,429 11,208,654 12,887,922 I k� Page 6 of 59 (2,134,115) $ 35,589,890 - 161 .— NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS _ Year Ended September 30, 2008 REVENUES Ad Valorem taxes Intergovernmental revenue Charges for services: Inspection fees and other Impact fees Miscellaneous: Interest Other TOTAL REVENUES EXPENDITURES Current Public safety Personal services Operating expenditures Capital outlay Debt service Principal reduction Interest and fiscal charges TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES FUND BALANCE - Beginning of the year Reclassification FUND BALANCE - End of the year iki Page 7 of 59 Total General Impact Fee Inspection Fee Governmental Fund Fund Fund Funds $ 27,889,425 $ - $ - $ 27,889,425 43,843 - - 43,843 181,532 - 809,413 990,945 - 1,437,474 - 1,437,474 753,256 27,945 2,777 783,978 560,527 4,955 - 565,482 29,428,583 1,470,374 812,190 31,711,147 19,142,836 - 969,067 20,111,903 3,443,794 39,964 10,546 3,494,304 1,907,185 116,937 - 2,024,122 51,630 - - 51,630 26,871 - - 26,871 24,572,316 156,901 979,613 25,708,830 4,856,267 1,313,473 (167,423) 6,002,317 9,097,327 - 147,385 9,244,712 - (1,619,600) - (1,619,600) $ 13,953,594 $ (306,127) $ (20,038) $ 13,627,429 The accompanying notes are an integral part of this statement. 16;11 1 pl NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 8 of 59 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended September 30, 2008 Amount Net change (revenues and other financing sources over expenditures and other financing uses) in fund balance - total governmental funds $ 6,002,317 The increase (change) in net assets reported for governmental activities in the Statement of Activities is different because: Governmental funds report capital outlays as expenditures. In the Statement of Activities, however, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. The loss on disposal of capital assets reduces the increase in net assets. Expenditures for capital assets 2,024,122 Less: proceeds on disposition of capital assets - Less: loss on disposition of capital assets (87,148) Less: current year depreciation (1,242,515) The issuance of debt is reported as a financing source in governmental funds and thus contributes to the change in fund balance. In the Statement of Net Assets, however, issuing debt increases long -term liabilities and does not affect the Statement of Activities. Similarly, repayment of principal is an expenditure in the governmental funds but reduces the liability in the Statement of Net Assets. Borrowings (proceeds from issuance): Line of Credit Repayments (principal retirement): Line of Credit Note Payable Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds. Decrease in accrued interest payable on long term debt Increase in compensated absences Increase in net assets of governmental activities The accompanying notes are an integral part of this statement. 694,459 51,630 51,630 117 (35,553) (35,436) $ 6,712,970 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF FIDUCIARY NET ASSETS - FIDUCIARY FUND September 30, 2008 ASSETS Cash and cash equivalents Investments, at fair value: Common stocks U.S. Government securities Corporate bonds Due from other governments Other assets TOTAL ASSETS LIABILITIES AND NET ASSETS LIABILITIES Accrued expenses Deferred contributions - prepaid district contributions TOTAL LIABILITIES NET ASSETS Held in trust for pension benefits and other purposes TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS The accompanying notes are an integral part of this statement. 161 1 A,i Firefighters' Pension Fund $ 2,889,912 6,250,168 2,066,584 2,887,769 653,379 73,704 $ 14,821,516 $ 97,801 283,580 381,381 14,440,135 14,440,135 $ 14,821,516 Page 9 of 59 .� NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - FIDUCIARY FUND Year Ended September 30, 2008 ADDITIONS ® Contributions: Employer Plan members, made by employer on behalf of employee i Buybacks State of Florida, insurance premiums State of Florida, insurance premiums - settlement Total contributions ® Investment income: Net appreciation (depreciation) in fair value of investments Interest and dividends '— Less: investment expenses Net investment income (loss) _. TOTAL ADDITIONS DEDUCTIONS Refunds of contributions Administrative expenses TOTAL DEDUCTIONS —° NET INCREASE IN NET ASSETS NET ASSETS - BEGINNING NET ASSETS - ENDING The accompanying notes are an integral part of this statement. 16 1 Page 10 of 59 Firefighters' Pension Fund $ 726,135 35,876 64,224 1,485,798 1,500,000 3,812,033 (1,903,473) 479,990 (1,423,483) (135,677) (1,559,160) 2,252,873 3,950 713,735 717,685 1,535,188 12,904,947 $ 14,440,135 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 11 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Oreanization North Naples Fire Control and Rescue District (the "District ") is an independent special taxing district located in northern Collier County, Florida. The District was originally established by Laws of Florida, Chapter 61 -2032 and Florida Statute 633.15, then - reestablished by Laws of Florida Chapter 84 -416, as amended. The District's governing legislation was recreated, reenacted and codified by Laws of Florida, Chapter 99 -450 on July 13, 1999 and amended by Laws of Florida, Chapter 2006 -353 on June 23, 2006. The District is governed by a five (5) member -- elected Board of Commissioners. Commissioners serve on a staggered four (4) year term basis. The District provides fire control and protection services, fire safety, inspections, code enforcement, fire hydrant maintenance, firefighter training, and crash and fire rescue services as well as basic life support services. In providing these services, the District operates and maintains seven (7) stations and the related equipment and employs approximately 170 full -time professional firefighters and administrative staff. Reporting Entity The District adheres to Governmental Accounting Standards Board (GASB) Statement Number 14, "Financial Reporting Entity," (GASB 14) as amended by _ GASB Statement Number 39, "Determining Whether Certain Organizations Are Component Units" (GASB 39). This Statement requires the basic financial statements of the District (the primary government) to include its component units, if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria -- established in GASB 14, as amended, there are no component units required to be included in the District's basic financial statements. p NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 12 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government -wide Financial Statements The government -wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the activities of the District and do not emphasize fund types. These governmental activities comprise the primary government. General governmental and intergovernmental revenues support the —' governmental activities. The purpose of the government -wide financial statements is to allow the user to be able to determine if the District is in a better or worse financial �. position than the prior year. The effect of all interfund activity between governmental funds has been removed from the government -wide financial statements. Government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the pension fund financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions are recognized when the exchange takes place. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are -- recognized in accordance with the requirements of GASB Statement Number 33, "Accounting and Financial Reporting for Nonexchange Transactions" (GASB 33). �. Amounts paid to acquire capital assets are capitalized as assets in the government -wide financial statements rather than reported as expenditures. Proceeds of long -term debt are recorded as liabilities in the government -wide financial statements rather than as other financing sources. Amounts paid to reduce long -term indebtedness of the reporting government are reported as a reduction of -- the related liability in the government -wide financial statements rather than as expenditures. -- The Statement of Activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are !' clearly identifiable with a specific function or segment. Program revenues include: 1) _._ charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function, and 2) grants and contributions that are restricted to meeting the operational or capital improvements of �. a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. lb I 1 �� --- NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 13 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 �. NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government -:vide Financial Statements, continued Program revenues are considered to be revenues generated by services performed and/or by fees charged such as inspection fees, burn permits, and hydrant tests. Fund Financial Statements The accounts of the District are organized on the basis of funds, each of which is --- considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues, and expenditures or expenses, as o appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by -`" which spending activities are controlled. _. Fund financial statements for the District's governmental and fiduciary funds are -- presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in aggregate for governmental funds. The fiduciary statement includes financial information for the firefighters' pension fund. The fiduciary fund represents assets held by the District in a custodial capacity for the benefit of other individuals. Governmental Funds When both restricted and unrestricted resources are combined in a fund, expenditures are considered to be paid first from restricted resources, as appropriate, and then from unrestricted resources. Governmental fund financial statements are reported using the current financial resources measurement focus and —' the modified accrual basis of accounting. Revenues are considered to be available when they are collected within the current period or soon thereafter to pay liabilities of the current period. The District's major funds are presented in separate columns on the governmental fund financial statements. The definition of a major fund is one that meets certain _. criteria set forth in GASB Statement Number 34, "Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments" (GASB �" 34). The funds that do not meet the criteria of a major fund are considered 161 l �. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 14 of 59 NOTES TO THE FINANCIAL STATEMENTS -°' September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Governmental Funds, continued non -major funds and are combined into a single column on the governmental fund financial statements. Separate financial statements are provided for governmental funds. Major individual governmental funds are reported in separate columns on the fund financial statements. Fiduciary Fund The pension trust fund accounts for the activities of the Firefighters' Pension Plan, which accumulates resources for the pension benefit payments to qualified firefighters. The net assets of this fund are not considered to be net assets of the District and not available to the District's creditors. -- Measurement Focus and Basis of Accounting -- Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the basic financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. - ' The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the -°- timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current °— period and soon enough thereafter to pay liabilities of the current period. For this purpose, the District considers tax revenues to be available if they are collected within sixty days of the end of the current fiscal period. 161 1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 15 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Measurement Focus and Basis of Accountine, continued Revenues susceptible to accrual are property taxes, interest on investments, and intergovernmental revenues. Property taxes are recorded as revenues in the fiscal _._ year in which they are levied, provided they are collected in the current period or within sixty days thereafter. Interest on invested funds is recognized when earned. Intergovernmental revenues that are reimbursements for specific purposes or projects are recognized when all eligibility requirements are met. --- Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) principal and interest on long -term debt, if any, is recognized when due; and (2) �. expenditures are generally not divided between years by the recording of prepaid expenditures. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed. Separate financial statements are provided for governmental funds and fiduciary funds, even though the latter are excluded from the government -wide financial statements. Non - current Government Assets/Liabilities �. GASB 34 requires non - current governmental assets, such as land and buildings, and non - current governmental liabilities, such as notes payable and capital leases, to be -- reported in the governmental activities column in the government -wide Statement of Net Assets. Maior Funds The District reports the following major governmental funds: - 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 16 of 59 NOTES TO THE FINANCIAL STATEMENTS -" September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Maior Funds, continued The General Fund is the District's primary operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund. The Impact Fee Fund consists of fees imposed and collected by Collier County based on new construction within the District. The fees are restricted and can only be used for certain capital expenditures associated with growth within the District. Non -Maior Fund The District reports the following non -major fund: ° The Inspection Fee Fund is used by the District to account for the receipt and expenditures of its Inspection Fee Program. Fees are charged for the inspection of new building construction. The fees are collected by Collier County and are -- distributed by the East Naples Fire Control and Rescue District to the other participating Districts. Fiduciary Fund Fiduciary funds are excluded in the government -wide financial statements because the resources of those funds are not available to support the District's programs. The only type of fiduciary funds the District maintains is a Firefighters' Pension Fund, which accounts for retirement assets held by the Plan that are payable to qualified firefighters upon retirement. Budgetary Information The District has elected to report budgetary comparisons of its major funds and its non -major fund as required supplementary information (RSI). - 16 1 h� NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 17 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Investments The District adheres to the requirements of GASB Statement Number 31, -'- "Accounting and Financial Reporting for Certain Investments and for External _. Investment Pools," (GASB 31) in which all investments are reported at fair value. Investments, including restricted investments, consist of certificates of deposit, U.S. Government securities, corporate debt and equity securities, and securities of government agencies unconditionally guaranteed by the U.S. Government. Capital Assets Capital assets, which include land, construction in progress, buildings, equipment and vehicles, are reported in the government -wide Statement of Net Assets. The District follows a capitalization policy which calls for capitalization of all capital —° assets that have a cost or donated value of $1,000 or more and have a useful life in excess of one year. -- All capital assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair market value on the date donated. Public domain (infrastructure) capital assets _ consisting of certain improvements other than building, including curbs, gutters and drainage systems, are not capitalized, as the District generally does not acquire such assets. No debt - related interest expense is capitalized as part of capital assets in accordance with GASB 34. -- Maintenance, repairs and minor renovations are not capitalized. The acquisition of land and construction projects utilizing resources received from Federal and State agencies are capitalized when the related expenditure is incurred. Expenditures that materially increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement, the cost is eliminated from the respective accounts. 161 1 M NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 18 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Capital Assets, continued Expenditures for capital assets are recorded in the fund statements as current expenditures. However, such expenditures are not reflected as expenditures in the government -wide statements, but rather are capitalized and depreciated. Depreciable capital assets are depreciated using the straight -line method over the following estimated useful lives: Capital Asset Years Buildings 15 -30 Capital Assets acquired under Capital Lease 10 Office Equipment 3 -30 Vehicles 3 -10 Equipment and Machinery 3 -15 Budgets and budgetary accounting The District adopted an annual budget for the General Fund. The District adopted annual budgets for the Special Revenue Funds - Impact Fee Fund and the Inspection Fee Fund. No budget was adopted or required to be adopted for the Pension Trust Fund. 161 1� _. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 19 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Budgets and budgetary accounting, continued The District follows these procedures in establishing budgetary data for the General Fund, the Impact Fee Fund, and the Inspection Fee Fund: 1. During the summer of each year, the District Fire Chief submits to the Board of Commissioners a proposed operating budget for the fiscal year commencing on the upcoming October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. The budget is adopted by approval of the Board of Commissioners. 4. Budget amounts, as shown in these basic financial statements, are as originally adopted or as amended by the Board of Commissioners. 5. The budget is adopted on a basis consistent with accounting principles generally accepted in the United States of America. 6. The level of control for appropriations is exercised at the fund level. 7. Appropriations lapse at year -end. Several budget amendments were approved by the Board of Commissioners during the fiscal year ended September 30, 2008 for the General Fund. Budgeted N expenditures in the General Fund were increased by $2,671,034. No budget amendments were approved for the Impact Fee Fund or the Inspection Fee Fund. Impact fees /deferred revenue -- The District levies an impact fee on new construction within the District. The intent of the fee is for growth within the District to pay for capital improvements needed due to the growth. The fee is imposed and collected by Collier County and remitted to the District. The fee is refundable if not expended by the District within six (6) years from the date of collection. The District, therefore, records this fee as restricted cash and -- deferred revenue until the date of expenditure, at which time it is recognized as revenue and charged to capital outlay in the fund financial statements and capital assets in the government -wide financial statements. 161 c NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 20 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Due to /from other funds Interfund receivables and payables arise from interfund transactions and are recorded -� by funds affected in the period in which the transactions are executed. Due from other governments No allowance for losses on uncollectible accounts has been recorded since the -- District considers all amounts to be fully collectible. Compensated absences The District's employees accumulate annual leave based on the number of years of continuous service. Upon termination of employment, employees can receive payment of accumulated annual leave if certain criteria are met. The costs of accumulated annual leave benefits (compensated absences) are expended in the respective operating funds when payments are made to employees. However, the liability for all accrued vacation and personal leave benefits is recorded in the government -wide Statement of Net Assets. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because, at present, it is not necessary in order to assure effective budgetary control or to facilitate effective cash planning and control. --- Management estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make —' estimates and assumptions that affect the reported amounts of assets, liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, �. and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. 161 1 0 .._ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 21 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Fund equity In the governmental fund financial statements, reservation of fund balance indicates amounts that are limited for a specific purpose, are not appropriable for expenditure, or are legally segregated for a specific future use. Designations of fund balance represent tentative management plans. Unreserved, undesignated fund balance indicates funds that are available for current expenditure. Interfund transactions The District considers interfund receivables (due from other funds) and interfund payables (due to other funds) to be loan transactions to and from other funds to cover temporary (three months or less) cash needs. Transactions that constitute reimbursements to a fund for expenditures /expenses initially made from it that are _ properly applicable to another fund are recorded as expenditures /expenses in the reimbursing funds and as reduction of expenditures /expenses in the fund that is --- reimbursed. Such amounts are eliminated in the Government -wide Financial Statements. NOTE B - CASH AND CASH EQUIVALENTS Cash and cash equivalents of the primary government (exclusive of the Firefighters' Pension Trust Fund) were $4,858,384, of which $23,877 was restricted. Total cash and cash equivalents included cash on hand of $1,150 at September 30, 2008. Additionally, the Firefighters' Pension Trust Fund held restricted cash and cash equivalents of $2,889,912 at September 30, 2008. Deposits The District's deposit policy allows deposits to be held in demand deposit, money market accounts and the Florida State Board of Administration - Local Government Surplus Trust Fund (SBA). All District depositories are institutions designated as qualified depositories by the State Treasurer at September 30, 2008. The District adheres to GASB Statement Number 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools." Under this Statement, the District has elected to show all investments at fair value, with the exception of the Local Government Surplus Funds Investment Pool Fund (State 161 1 k' NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 22 of 55 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE B - CASH AND CASH EQUIVALENTS, CONTINUED Deposits, continued Board of Administration), an external 2a7 - like investment pool. The Local �. Government Surplus Funds Investments Pool Trust Fund's shares are stated at amortized cost, which approximates fair value. These investments are subject to the risk thw the market value of an investment, collateral protecting a deposit or securities underlying a repurchase agreements, will decline. The Firefighters' Pension Trust Fund cash and cash equivalents were held by a -- financial and investment institution and insured up to certain limits specific to the trustee /custodian institution and retirement trust funds. Deposits consist of the following at September 30, 2008: �. Carrying Bank District Amount Balance Unrestricted General Fund �. Depository Accounts $ 4,812,769 $ 5,217,929 Money Market 19,944 19,944 SBA 644 644 Total General Fund $ 4,833,357 $ 5,238,517 Restricted Special Revenue Funds Impact Fee -- Depository Accounts $ 12,881 $ 38,211 Inspection Fee Depository Accounts 10,996 10,996 Total Special Revenue Funds $ 23,877 $ 49,207 Pension Trust Fund Firefighters' Pension -- Depository Accounts $ 2,889,912 Not Available Total Pension Trust Fund $ 2,889,912 Not Available The District's deposits were entirely covered by federal depository insurance or by collateral pursuant to the Public Depository Security Act (Florida Statute 280) of the State of Florida except for the $644 held in the SBA. Bank balances approximate --- market value. 161 1 f�' NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 23 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE B - CASH AND CASH EQUIVALENTS, CONTINUED Deposits, continued The District held no other types of deposits during the year ended September 30, 2008. The local Government Surplus Funds Trust Fund is not required to be _ categorized because the investments are not evidenced by securities that exist in physical or book entry-form. The Firefighters' Pension Trust Fund is also covered by certain and specific insurance coverages as previously noted. Restricted cash and equivalents The following is a brief description of the restrictions on cash and cash equivalents: The Impact Fee account is used to account for the deposit of impact fees received and is restricted for certain capital asset acquisition associated with growth within the -- District. Impact fees are collected by Collier County for the District pursuant to County ordinance and District resolution. —. The Inspection Fee account is used to account for inspection fees collected by the District for performing fire inspections within the District. Such revenue is restricted for inspection service related costs. The Firefighters' Pension Trust Fund accounts for resources held to fund the respective firefighter employee pension benefits. NOTE C - INVESTMENTS District - Investments: Investments of the District (primary government)(exclusive of the Firefighters' Pension Trust Fund) were $9,000,000 at September 30, 2008 and consisted of __.. certificates of deposit which were designated as public funds with a qualified public depository, and were therefore covered entirely by collateral pursuant to the Public -- Depository Security Act (Florida Statute 280) of the State of Florida. Investments held in the Firefighters' Pension Plan totaled $11,204,521 (including ._ $6,250,168 in equity securities and $4,954,353 in fixed income securities) at September 30, 2008. Such investments are controlled by Firefighters' Pension Board policy. This policy provides for investments in treasury notes, federal agency guaranteed securities, corporate bonds, notes and/or equities, and real estate. - 161 1 h� NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 24 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE C - INVESTMENTS, CONTINUED Firefighters Pension Plan - Investments: Investment Authorization: The Plan's investment policy is determined by the Board of Trustees. The policy has been designed by the Board to conduct the operations of the Plan in a manner so that the assets will provide the pension and other benefits provided under applicable laws, preserving principal while maximizing the rate of return. The Trustees are authorized to acquire and retain every kind of property (real, personal or mixed) and every kind of investment specifically including, but not by way of limitation, bonds, debentures, stocks (preferred or common) and other corporate obligations. Investments are carried at quoted market prices at September 30, 2008. Interest and dividend revenues are recorded as earned. Purchases and sales of investments are recorded on the trade -date basis. ~~- Unrealized gains and losses are presented as net appreciation (depreciation) in fair value of investments on the statement of changes in plan net assets along with gains and losses realized on sales of investments. Given the inherent nature of investments, it is reasonably possible that changes in the value of those investments will occur in the near term and that such changes could materially affect the amounts reported in the statements of plan net assets. ..._ Investment in all equity securities shall be limited to those listed on a major U.S. stock exchange and limited to no more than 62.5% (at market) of the Plan's total asset value. The equity position in any one company shall not exceed 5% of the total portfolio at market. Investments in stock of foreign companies shall be limited to 10% of the value of the portfolio. No more than 15% of the equity securities are to -- be invested in small or mid -cap stocks. The fixed income portfolio shall be compromised of securities rated in the highest three (3) categories of quality by a major rating service. Except for Treasury and Agency obligations, the debt portion of the Fund shall contain no more than 10% of a given issuer irrespective of the number of differing issues. The current target allocation of these investments at market is as follows: ®' Authorized Target % of Investments Portfolio .._. Domestic Equities 50% Fixed Income 40% International Equities 10% 161'1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 25 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE C - INVESTMENTS, CONTINUED Interest Rate Risk: _ Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an -- investment, the greater the sensitivity of its fair value to change in market interest rates. As a means of limiting its exposure to interest rate risk, the Plan diversifies its investments by security type and institution, and limits holdings in any one type of -- investment with any one issuer with various durations of maturities. -- Information about the sensitivity of the fair values of the Plan's fixed income investments to market interest rate fluctuations is provided by the following table that shows the �. distribution of the Plan's investment by maturity at September 30, 2008: Investment Maturities (in years) Investment Type Fair Value Less than 1 1 to 5 6 to 10 More than 10 U.S. agencies /treasuries $ 2,066,584 $ 51,094 $ 1,639,197 $ 376,293 $ - Corporate bonds 2,887,769 295,917 2,258,034 333,818 - $ 4,954,353 $ 347,011 $ 3,897,231 $ 710,111 $ - Credit Risk: ... Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Plan's investment policy utilizes portfolio diversification in order to control this risk. The following table discloses credit rating by fixed income investment type at September 30, 2008, if applicable: Fair Percentage of -- Value Portfolio U.S. government guaranteed* $2,066,584 41.72 % _... Quality rating of credit risk debt securities AAA $ 119,485 2.41 % AA 103,151 2.08 .,_ AA- 383,727 7.75 A+ 1,369,850 27.65 A 776,452 15.67 A- 135,104 2.72 Total credit risk debt securities $2,887,769 58.28 % * Obligations of the U.S. government or obligations explicitly guaranteed by the U.S. government are not considered to have credit risk and do not have purchase limitations. 16101 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 26 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE C - INVESTMENTS, CONTINUED Concentration of Credit Risk: The investments policy of the Plan contains limitations on the amount that can be invested in any one issuer as well maximum portfolio allocation percentages. There were no individual investments that represented 5% or more of Plan net assets at September 30, 2008. Custodial Credit Risk: This is the risk that in the event of the failure of the counterparty, the plan will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. This risk is generally measured by the assignment of a rating by a nationally recognized statistical rating organization. Consistent with the Plan's investment policy, the investments are held by Plan's custodial bank and registered in the Plan's name. NOTE D - DUE TO/FROM OTHER FUNDS Interfund receivables and payables at September 30, 2008 are as follows: Due from Due to Fund other funds other funds ® General Fund: Impact Fee Fund $ 300,000 $ Inspection Fee Fund 91,818 Total General Fund 391,818 Special Revenue Funds: Impact Fee Fund General Fund Inspection Fee Fund 300,000 General Fund - 91,818 Total Special Revenue Funds - 391,818 Total $ 391,818 $ 391,818 Interfund receivables and payables were eliminated for presentation purposes in the Statement of Net Assets at September 30, 2008. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 �. NOTE E - CAPITAL ASSETS ACTIVITY 161 1 .0 Page 27 of 59 The following is a summary of changes in capital assets activity for the year ended September 30, 2008: Balance at Balance at October 1 Increases/ Decreases/ Adjustments/ September 30 2007 Additions Retirements Reclassifications 2008 Capital Assets Not Being Depreciated: Land $ 10,728,291 $ - $ $ - $ 10,728,291 Construction in Progress 702,480 138,731 - (360,848) 480,363 Total Capital Assets Not Being Depreciated 11,430,771 138,731 - (360,848) 11,208,654 Capital Assets Being Depreciated: Buildings 10,235,082 1,498,220 (32,251) 360,848 12,061,899 Capital Assets Acquired Under Capital Lease - - - - - Office Equipment 586,817 129,441 (61,828) - 654,430 Vehicles 7,432,785 207,543 (29,889) - 7,610,439 Equipment & Machinery 2,675,730 50,187 _ (87,403) 4,116 2,642,630 Total Capital Assets Being Depreciated 20,930,414 1,885,391 (211,371) 364,964 22,969,398 Less Accumulated Depreciation: Buildings (2,635,028) (348,021) 9,407 - (2,973,642) Capital Assets Acquired Under Capital Lease - - - - - Office Equipment (323,551) (92,416) 46,387 - (369,580) Vehicles (4,403,722) (539,502) 21,700 - (4,921,524) Equipment & Machinery (1,596,767) (262,576) 42,613 - (1,816,730) Total Accumulated Depreciation (8,959,068) (1,242,515) 120,107 - (10,081,476) Total Capital Assets being Depreciated, Net 11,971,346 642,876 (91,264) 364,964 12,887,922 Capital Assets, Net $ 23,402,117 $ 781,607 $ (91,264) $ 4,116 24,096,576 Related debt (718,600) Net assets invested in capital assets, net of related debt $ 23,377,976 1611 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 28 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE E - CAPITAL ASSETS ACTIVITY, CONTINUED During the year ended September 30, 2008, the District declared two (2) parcels of vacant land, originally purchased as a replacement site for an existing station, as surplus. The original cost, and carrying value, of the idle assets is $820,838. Depreciation expense was charged to the following functions during the year ended September 30, 2008: Amount General Government $1,242,515 Total Depreciation Expense $1,242,515 NOTE F - LONG -TERM OBLIGATIONS The following is a summary of changes in long -term obligations for the year ended September 30, 2008: Balance Retirements Balance Amounts October 1 And September 30 Due Within 2007 Additions Adjustments 2008 One Year Note Payable - Series 2004 $ 770,230 $ - $ (51,630) $ 718,600 $ 53,589 Line of Credit - - - - - Compensated Absences 1,377,913 35,553 - 1,413,466 - $ 2,148,143 $ 35,553 $ (51,630) $ 2,132,066 $ 53,589 The following is a summary of long -term obligations at September 30, 2008: Amount $912,500 note payable, series 2004, payable monthly for 59 months to a financial institution in the amount of $6,542 including interest at 3.54 %, with with a final payment of all unpaid principal and accrued interest of $662,444 on November 1, 2009. The note is collateralized by impact fees and non -ad valorem revenues of the District (paid from the General Fund). $ 718,600 3.1 161 1 �.. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 29 of 59 NOTES TO THE FINANCIAL STATEMENTS -°' September 30, 2008 NOTE F - LONG -TERM OBLIGATIONS, CONTINUED $1,000,000 revolving line of credit (LOC) payable to a financial institution for the purpose of funding the renovations of the shop /maintenance facility. ®. The LOC is collateralized by a $1,000,000 certificate of deposit and requires monthly interest payments. Interest accrues at 5 %. The LOC is annually renewable on September 18. This LOC was not renewed as of September 30, 2008. - Non - current portion of compensated absences. Employees of the District are entitled to paid vacation based on length of service and job classification. 1,413,466 $ 2,132,066 The annual debt service requirements for long -term debt obligations at September 30, 2008, were as follows: v Year Ending Note Payable Totals September 30 Interest Principal Interest Principal 2009 $ 24,912 $ 53,589 $ 24,912 $ 53,589 2010 3,975 665,011 3,975 665,011 Total debt service $ 28,887 $ 718,600 $ 28,887 718,600 Accrued compensated absences 1,413,466 Total Long -Term Obligations $ 2,132,066 -- Interest expense for the year ended September 30, 2008 was $26,871. NOTE G - RETIREMENT PLANS The following three retirement plans have been established by the District: Plan 1 - Florida Retirement System (FRS) Plan 2 - Firefighter's Pension Trust Fund (Florida Statute 175) Plan 3 - Governmental Money Purchase Plan (Chief) Employee participation in a specific plan is based on the respective employee's original hire date. - 1 6 1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 30 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 1 - Plan description and provisions - Florida Retirement System All District personnel employed prior to January 1, 1996 and all other District personnel (other than certified firefighters) including the Board of Commissioners, hired on or after January 1, 1996, are participants in the statewide Florida Retirement System (FRS) under the Authority of Article X, Section 14 of the State Constitution and Florida Statutes, Chapters 112 and 121. The FRS Plan (the "Plan ") is noncontributory and is totally administered by the State of Florida. The District contributed 100% of the required contributions for the years ended September 30, 2008, 2007, and 2006. The District's covered payroll for the years ended September 30, 2008, 2007, and 2006 was $5,612,604, $5,551,822, and $5,224,284, respectively. The District's contributions to the Plan were $1,087,498, $1,064,613, and $911,345, for the years ended September 30, 2008, 2007, and 2006, respectively, which represents 19 %, 17 %, and 17 %, respectively, of covered payroll. Pension costs for the District ranged between 10% to 21 % for the year ended September 30, 2008. There were no employee contributions to the Plan. -- Employees who retire at or after age 62 with 6 years of creditable service, 6 years of senior management service and age 62, 6 years of special risk service and age 55, or 30 years of service (25 for special risk) regardless of age, are entitled to a retirement benefit, payable for life, equal to 1.6% to 3.0% per year of creditable service, depending on the class of employee (regular, special risk, etc.) based on average final compensation of the five (5) highest fiscal years' compensation. Benefits vest after six years (six years for senior management) of creditable service. °-° Vested employees may retire anytime after vesting and incur a 5% benefit reduction for each year prior to normal retirement age. Early retirement, disability, death and survivor benefits are also offered. Benefits are established by State Statute. The Plan provides for a constant 3% cost -of- living adjustment for retirees. The Plan also provides several other Plan and/or investment options that may be elected by the employee. Each offers specific contribution and benefit options. The Plan documents should be referenced for complete detail. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 31 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 1 - Plan description and provisions - Florida Retirement System, continued Description of funding policy - This is a cost sharing, multi - employer plan available to governmental units within the State. Actuarial information with respect to an individual participating entity is not available. Participating employers are required, by Statute, to pay monthly contributions at actuarially determined rates that, expressed as percentages of annual covered payroll, are adequate to accumulate sufficient assets to pay benefits when due. -- Trend information - A copy of the FRS's June 30, 2008 annual report can be obtained by writing the Florida Division of Retirement, Cedars Executive Center, 2639 -C North Monroe Street, Tallahassee, Florida 32399 -1560, or by calling (850) 488 -5706. Plan 2 - Plan description and provisions - Firefiehters' Pension Trust Fund - The following brief description of the North Naples Fire Control and Rescue District Firefighters' Pension Plan (the "Plan") is provided for general information purposes only. Participants should refer to the plan agreement for a more complete description -- of the Plan. On July 11, 1996, under the authority of Florida Statute 175 and Laws of Florida, Chapter 95 -338, the District's Board of Commissioners passed Resolutions 96 -004 and 96 -005, providing for the establishment and funding of a �. single employer defined benefit retirement plan and trust for newly hired fire suppression personnel. The resolutions establish that certified firefighters employed on or after January 1, 1996 are to become participants in the District's Firefighters' Pension Trust Fund. The Plan is totally administered, including all investment management, by a third party administrator and the Plan's appointed Pension Board. During the year ended September 30, 2008, the Plan adopted Governmental �. Accounting Standards Board (GASB) Statement Number 50 "Pension Disclosures" _ (GASB 50) which amends GASB Statements Number 25 "Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans ", and Number 27 "Accounting for Pensions by State and Local Government _ Employers ". GASB 50 requires disclosure in the notes to the financial statements of pension plans and certain employer governments of the current funded status of the --- plan and other actuarial information. The adoptions of GASB 50 had an impact on the presentation of the notes to the financial statements but had no impact on net assets. - 16111 P�� NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 32 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued During the years ended September 30, 2008, 2007, and 2006, there were employee contributions in the amounts of $64,224, $49,645 and $15,877 respectively. These employee contributions were for the buyback of military service time for certain employees. There were no employee contributions to the Plan during the years ended September 30, 2005 or 2004, as the District funds the scheduled employee required contributions. The employer contributed 100% of its required contributions, as well as those required of the participating firefighters (0.5% pick -up). The Plan provides for full -time firefighting personnel to become eligible to participate in the Plan immediately upon hire. Under District resolution 96 -005, the District _ elected to pay the 0.5% (1% prior to December 9, 2004) employee required contribution on behalf of the employee. Effective December 9, 2004 the employee contribution was reduced to 0.5% (employee pick up). Effective July 1, 2001 (per resolution 01 -01), benefits under the Plan vest after six years of creditable service. Employees who elect normal retirement at or after age 55 with 6 years of creditable -- service, or 25 years of service regardless of age, are entitled to a retirement benefit. Employees may elect early retirement after 6 years of creditable service and attainment of age 50 with a reduction in benefit not to exceed 3% for each year before normal retirement. The Plan also includes certain disability and death benefits. Contributions - Contributions to the Plan are derived from three sources: employees (" 1 % pick -up" - I% of compensation paid by the District on behalf of the employee pursuant to Resolution 96 -005) effective December 9, 2004, the required employee contribution was reduced to 0.5% (employee pick up), State funds (fire [hazard] insurance premium tax per Florida Statute Chapter 175) and employer ._. (remaining amount necessary to meet actuarial requirement). For the period from —. January 1, 1996 through September 30, 1996, no employer contributions were required. Employer contributions were required from October 1, 1996 through September 30, 2008. The State contributions under Chapter 175 began in June 1997. This revenue is based on property fire insurance premiums paid within the District and is applied up to an approved "frozen" limit of $1,747,716. The District (employer) is required to fund the difference each year between the total contributions from all other sources for the year and the total cost for the year pursuant to the most recent actuarial valuation of the Plan. The total cost for any year -- equals total normal cost plus the additional amounts sufficient to amortize the 161 1 P NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 33 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued unfunded past service liability over a 30 year period commencing the first year of the Plan's inception. Pursuant to the actuarial study dated October 1, 2007, the District's fiscal year 2008 contribution (District only) requirement was $821,484, which approximated 13% of the actuarially determined covered payroll. Actual District contributions to the Plan for the year ended September 30, 2008, were $1,009,715, including $726,135 applied to 2008 contributions ($762,011 including $35,876 contributed by the District on behalf of the participating firefighters (employee pick -up)) and $283,580 recorded by the Plan as prepaid contributions (see Note Q). The State contributions for the year ended September 30, 2008 were $1,485,798. At October 1, 2007, $1,277,631 of the Plan's total net assets (state contributions) were restricted for future benefits increases. --- The Plan is the sole plaintiff against the City of Naples and the City of Naples Firefighters Pension Plan. This suit is due to alleged erroneous coding of properties by insurers, whereby certain taxes collected on the insurance premiums on these properties which should have been delivered to the North Naples Fire Control and Rescue Services District, and ultimately to the Plan in the form of contributions from — the State, were instead delivered to the City of Naples. The City and its pension plan have retained the excess distributions. The purpose of the suit is to ascertain the exact amount of the overpayments to the City and to recover these overpayments. As of August 12, 2008, the Plan has settled with the City in the amount of $1,500,000, shown in other income in the Statement of Changes in Net Assets. Pension benefits - Effective July 1, 2001, employees with 6 or more years of service are entitled to monthly pension benefits, beginning at the earlier of age 55 with 6 years of credited service or 25 years credited service regardless of ages, equal to 3% (3.53% effective October 1, 2008) of their average final compensation (AFC) -- over the 5 highest years within the last 10 years of service multiplied by number of years of credited service. Maximum benefit is 100% of AFC. The plan permits early retirement at age 50 with 6 years of credited service. Employees may elect to _ receive their pension benefits in the form of a 10 year certain and life annuity. If employees terminate before rendering 6 years of credited service, they forfeit the right -- to receive the portion of their accumulated plan benefits. All retirement benefits are annually increased for cost of living at 3 %. b 1 1 �. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 34 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued Death and Disability benefits - Upon the death of any vested member, whether or not still in active employment, a survivor benefit is payable to the beneficiary starting when the member would have reached retirement age. The benefit is equal to the vested pension benefit and is payable for 10 years. A spousal -" and/or minor benefit is provided for line of duty death is equal to a minimum of one half of the members salary for life (spouse) or age 18 (child). -- Employees who become totally disabled with at least 8 years of credited service receive the greater of the accrued pension benefit or 25% of AFC, if non - service incurred, or 42% of AFC, if active service incurred. Effective December 9, 2004, _. the active service related benefit was increased to 65 %. Supplemental Benefits - Effective December 31, 2004, each service and disability retiree and their joint pensioners or beneficiaries and vested terminated members shall receive a supplemental payment to be used as a health insurance subsidy payment. The amount shall be five dollars ($5) for each full year of credited service for life. The maximum monthly supplement is one hundred fifty dollars ($150) �. and the minimum thirty dollars ($30). Income recognition - Interest income is recorded on the accrual basis. Investments are reported at market value. Short-term investments are reported at cost, which approximates market value. -- Actuarial present value of accumulated plan benefits - Accumulated plan benefits are those future periodic payments, including lump -sum distributions, that are attributable under the Plan's provisions to the service employees have rendered. .� Accumulated plan benefits include benefits expected to be paid to (a) retired or terminated employees or their beneficiaries, (b) beneficiaries of employees who have died, and (c) present employees or their beneficiaries. Benefits under the Plan are _ based on employees' age at entry to the Plan and are based upon the current starting salary for firefighters at entry level. Benefits payable under all circumstances, °- retirement, death, disability and termination of employment, are included, to the extent they are deemed attributable to employee service rendered to the valuation �, date. lb I 1 P� NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 35 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan—" - Plan description and provisions - Firefishters' Pension Trust Fund, continued The actuarial present value of accumulated plan benefits is determined by an actuary and is the amount that results from applying actuarial assumptions to adjust the accumulated plan benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payment. The significant actuarial assumptions used in the valuations as of October 1, 2007 were (a) life expectancy of participants - RP 2000 (combined healthy, sex distinct) Mortality Table was used, (b) retirement age assumptions (the assumed average retirement age was 55), and (c) annual investment return of 8 %. The October 1, 2007 actuarial valuation reflected assumed average rates of return of 8 %. The foregoing actuarial assumptions are based on the presumption that the Plan will continue. If the Plan terminated, different actuarial assumptions and other factors might be applicable in determining the actuarial present value of accumulated plan benefits. -- Payment of benefits - Benefit payments to participants are recorded upon distribution. The District contributed 100% of the required contributions. A summary of certain Plan details and trend information is included below. A copy of the Plan and Plan audit for September 30, 2008 can be obtained by writing the District at 1885 Veterans Park Drive, Naples, Florida 34109 -0492, or by _„ calling (239) 597 -3222. 16! � �l NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 36 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued The following is a summary of the Single Employer- Defined Benefits Plan, including funding policies, contribution methods, benefit provisions and trend information: Firefighters' Pension Trust Fund - Plan 2 _ Year established and District Resolution 96- governing authority 004 (July 11, 1996) '-� Governing body Board of Trustees of Plan .— Determination of contribution requirements: Actuarially determined Employer (District) Amount required in excess _., of Member and applicable State contributions needed in order to pay current costs and amortize any unfunded past service cost over 30 years Plan members 0.5% of Covered payroll- Note: The District adopted Resolution 96 -005 to fund the contribution for the --- employees. (Pick -up) Funding of administrative "- costs Employer Period required to vest 6 years Annual salary increase 6% Post retirement benefit increase Cost of living increase of of 3% each year —` Eligibility for distribution (Normal retirement) Earlier of 55 with 6 years of credited service or 25 -- years credited service regardless of age Provisions for: -- Disability benefits Yes _._ Death benefits Yes Early retirement Yes 161 1 � NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 37 of 59 NOTES TO THE FINANCIAL STATEMENTS -"' September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefiuhters' Pension Trust Fund, continued Memberships of the Plan consisted of the following at October 1, 2007: Firefighters' Pension Trust Fund - Plan 2 Active plan participants Vested 46 Non - vested 58 Retirees and beneficiaries receiving benefits 0 Terminated Plan members entitled to but not yet receiving benefits 0 Total 104 Number of participating employers 1 Number of participating state agencies 1 Annual Pension Cost, Net Pension Obligation and Reserves Current year annual pension costs for the Firefighters' Pension Trust Fund are shown in the trend information provided. The Firefighters' Pension Trust Fund had overfunded the actuarial accrued liability at October 1, 2007 by $20,163. The Plan assets are legally reserved for the payment of the respective plan member benefits within the Plan. There are no assets legally restricted for plan benefits other than these assets within the Plan. The Firefighters' Pension Trust Fund held certain investments at year end. - 161 1W NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 38 of 59 NOTES TO THE FINANCIAL STATEMENTS Unfunded September 30, 2008 Actuarial Actuarial Actuarial -° NOTE G - RETIREMENT PLANS, CONTINUED Value of Accrued Accrued M. Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued Trend Information Liability Funded Covered Covered Valuation (AVA) -Entry Age Firefighters' Pension Trust Fund (2) (UAAL) Ratio -•- Total (3) Payroll Date (a) (b) (b -a) Required (c) (b -a) /c ` 10/01/07 $12,904,948 $12,884,785 Net -- Annual 100.2% $ 7,276,954 State (1) $ 8,572,161 Pension Fiscal Pension District State Frozen Actual Percentage Obligation Year Contribution Contribution Contribution Contribution Contribution Contributed _ PO 2008 $ 2,224,460 $ 726,135 $ 1,485,798 $1,485,798 $ 762,011 100% - 2007 $ 2,086,729 $ 2,019,430 $ 1,390,449 $ 112,818 $ 2,053,577 100% - 2006 $ 1,178,959 $ 1,066,141 $ 733,516 $ 112,818 $ 1,178,959 100% - °� 2005 $ 1,000,009 $ 887,191 $ 608,709 $ 112,818 $ 1,000,009 100% - 2004 $ 792,577 $ 679,759 $ 527,004 $ 112,818 $ 792,577 100% - 2003 $ 678,000 $ 565,182 $ 422,639 $ 112,818 $ 678,000 100% - 2002 $ 564,102 $ 451,284 $ 303,169 $ 112,818 $ 564,102 100% - 2001 $ 393,649 $ 305,603 $ 212,220 $ 112,818 $ 418,421 106% - 2000 $ 266,823 $ 227,235 $ 182,204 $ 106,594 $ 333,829 125% - �' 1999 $ 159,203 $ 4,042 $ 128,582 $ 106,594 $ 110,636 69% - 1998 $ 79,718 $ 105,337 $ 106,594 $ 106,594 $ 211,931 266% - (1) Excludes employee 1% and 0.5 %, as applicable, pick -up but includes employer and State frozen contributions. (2) An actuarial valuation was not prepared for October 1, 1998 (for FY 1999), per actuary's letter dated February 15, 2000 addressed to the pension administrator. However, the actuary determined the required contribution for year ending September 30,1999 based on October 1, 1998 payroll of $627,482. In addition, actuarial valuation was prepared on October 1, 1999 for fiscal year 2000. Information regarding FY 1999 was extracted from such study. Valuations have been prepared annually thereafter. (3) The District considers its annual pension cost to be its actuarially determined required annual pension contribution including the employer and state contribution. Pension Trust Reauired Suaalementary Information Schedule of Funding Progress Firefighters' Pension Plan: Unfunded Actuarial Actuarial Actuarial UAAL as a Value of Accrued Accrued Annual Percentage of Actuarial Assets Liability (AAL) Liability Funded Covered Covered Valuation (AVA) -Entry Age (UAAL) Ratio Payroll Payroll Date (a) (b) (b -a) (a/b) (c) (b -a) /c ` 10/01/07 $12,904,948 $12,884,785 $ (20,163) 100.2% $ 7,276,954 -0.3% 10/01/06 $ 8,572,161 $ 9,025,001 $ 452,840 95.0% $ 5,960,908 7.6% 10101105 $ 6,322,176 $ 6,783,798 $ 461,622 93.2% $ 3,815,952 12.1% 10/01/04 $ 4,063,514 $ 4,991,512 $ 927,998 81.4% $ 3,300,680 28.1% .� 10/01/03 $ 2,420,236 $ 3,338,115 $ 917,879 72.5% $ 2,633,944 34.8% 10/01/02 $ 1,501,493 $ 2,220,582 $ 719,089 67.6% $ 2,318,319 31.0% 10/01/01 $ 1,355,012 $ 1,574,854 $ 219,842 86.0% $ 2,074,284 10.6% 10 /01 /00 $ 869,923 $ 681,940 $ (187,983) 127.6% $ 1,399,961 (13.4 %) �. 10/01/99 $ 439,347 $ 361,015 $ (78,332) 121.7% $ 924,109 (8.5 %) 10/01/97 $ 116,967 $ 31,423 $ (85,544) 372.2% $ 316,079 (27.1 %) 16 -- NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 39 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefighters' Pension Trust Fund, continued Plan 3 - Governmental Money Purchase Plan During the year ended September 30, 2007, the District approved a Governmental �. Money Purchase Plan (401(a)), a defined contribution plan which is available only to the District's Fire Chief. The Plan is completely administered by the Plan custodian. The Plan requires the District to make monthly contributions of a percentage of the Chief s eligible compensation equal to the average of the rate for the special risk category of the FRS and the contribution rate for the District's Chapter 175 Firefighters' Pension Trust. In addition, as part of the Chief s employment agreement, an amount equal to the proportionate share of the annual premium designated for his medical benefits are to be placed in the 401(a) plan in lieu of participation in the District's medical plan. Any amounts in excess of the maximum allowable contributions to a 401(a) plan are placed in the Chief s 457 Deferred Compensation Plan. The contribution limits for calendar years 2008, 2007, and 2006, were $46,000, $45,000, and $44,000 respectively. On October 12, 2006, --. the Board adopted Resolution 06 -045 which established the plan and required retroactive contributions to the date of employment of the Fire Chief (June 13, 2006). The contribution rate for the period from June 13, 2006 through September 30, 2006 ,_ was 24.41 %. The contribution for the year ended September 30, 2006 totaled Firefighters' Pension Trust Fund -- Valuation date 10/01/07 Actuarial cost method Frozen Entry Age Amortization method Level dollar, closed Remaining amortization period 30 years Actuarial asset valuation method Market -- Actuarial assumptions: Investment rate 8% Projected salary increase* 6% *Includes inflation at 3% Post retirement cost of living adjustment 3% Plan 3 - Governmental Money Purchase Plan During the year ended September 30, 2007, the District approved a Governmental �. Money Purchase Plan (401(a)), a defined contribution plan which is available only to the District's Fire Chief. The Plan is completely administered by the Plan custodian. The Plan requires the District to make monthly contributions of a percentage of the Chief s eligible compensation equal to the average of the rate for the special risk category of the FRS and the contribution rate for the District's Chapter 175 Firefighters' Pension Trust. In addition, as part of the Chief s employment agreement, an amount equal to the proportionate share of the annual premium designated for his medical benefits are to be placed in the 401(a) plan in lieu of participation in the District's medical plan. Any amounts in excess of the maximum allowable contributions to a 401(a) plan are placed in the Chief s 457 Deferred Compensation Plan. The contribution limits for calendar years 2008, 2007, and 2006, were $46,000, $45,000, and $44,000 respectively. On October 12, 2006, --. the Board adopted Resolution 06 -045 which established the plan and required retroactive contributions to the date of employment of the Fire Chief (June 13, 2006). The contribution rate for the period from June 13, 2006 through September 30, 2006 ,_ was 24.41 %. The contribution for the year ended September 30, 2006 totaled 161 1 _. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 40 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE G - RETIREMENT PLANS, CONTINUED Plan 3 - Governmental Money Purchase Plan, continued $15,482 including the medical premium benefit and was included in accrued expenses. The contribution was transferred to the plan administrator on December _. 14, 2006. The contribution rate for the year ended September 30, 2007 was 26.91% and the contributions totaled $56,056, including the medical premium benefit. The contribution rate for the year ended September 30, 2008 was 26.919/o and the contributions totaled $56,996, including the medical premium benefit. -- NOTE H - POST - EMPLOYMENT BENEFITS OTHER THAN PENSION BENEFITS The District provides insurance (health, life and dental) benefits to its retired _. employees. All retired full -time employees are eligible for benefits if actively employed by the District immediately before retirement. As of September 30, 2008, there were fourteen (14) retirees receiving these benefits. The benefits are provided both with and without contractual or labor agreements. The benefits may require contribution from the retirees, depending on certain specified criteria and, in particular, length of creditable employment. The District, also, pays up to 50% of retiree dependent coverage. The District finances the benefits on a pay -as- you -go basis and recognizes expenditures at the time premiums are due. The net cost to the District for these benefits totaled $147,753 during the year ended September 30, 2008. _. NOTE I - RISK MANAGEMENT The District began participating in a self - insurance program for health and dental insurance claims beginning January 1, 2005 and continued to do so through December 31, 2007. The self - insurance program had stated annual individual stop -- loss limits ($60,000 per individual employee for calendar 2005, $70,000 for calendar 2006, and $80,000 for calendar year 2007) and aggregate loss limits (approximately $1.8 million for calendar 2006 and $2.2 million for calendar 2007 but varies with _. number of covered employees) and retains third party excess coverage (reinsurance) for claims in excess of the loss limits. Beginning January 1, 2008, the District changed administrators for its self - insurance program for health and dental claims. The program has individual stop loss limits of $80,000 per individual for calendar year with a total maximum exposure of approximately $2,667,000. The maximum °— exposure varies with the number of covered employees. The District retains third 161 1 pk -- NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 41 of 59 NOTES TO THE FINANCIAL STATEMENTS _. September 30, 2008 NOTE I - RISK MANAGEMENT, CONTINUED party excess coverage (reinsurance) for claims in excess of loss limits. The District incurred $2,724,941 in claims and third party administration costs and reinsurance premiums during the fiscal year ending September 30, 2008, for the self - insurance programs. No accrual has been made as of September 30, 2008, for estimates of amounts to be paid for actual and incurred but not reported (IBNR) claims as it is not ._.. possible to determine claims incurred and not reported. Additionally, the policy is based on a calendar year and requires the District to initially fund the claim, then determine if stop loss limits were exceeded or reinsurance refunds are due. The District's estimated remaining maximum cost exposure for the year ended September 30, 2008, was approximately $880,000. The actual amount could be less based on -- the individual stop loss limits and reinsurance reimbursements. It is the policy of the District to purchase commercial insurance for other remaining forms of potential risks to which it is exposed. The District's risk management activities are reported in the General Fund. No accrual has been recorded for claims and incidents not reported to the insurer. The District had no significant reductions in insurance coverage from the prior year. Reported claims have not exceeded the insurance coverage for the years ended September 30, 1998 through September 30, 2008. The District's total liability within any one year is limited to the annual loss limit, except for tail coverage estimated at approximately three (3) months' average claims in the year of plan termination. The District has no plan to terminate coverage; -- therefore, no such accrual has been recorded in the financial statements. NOTE J - PROPERTY TAXES Property taxes are levied after formal adoption of the District's budget and become due and payable on November 1 of each year and are delinquent on April 1 of the following year. Discounts on property taxes are allowed for payments made prior to the April 1 delinquent date. Tax certificates are sold to the public for the full amount of any unpaid taxes and must be sold not later than June 1 of each year. The bilking, collection, and related record keeping of all property taxes is performed for the District by the Collier County Tax Collector. No accrual for the property tax levy -- becoming due in November 2008 is included in the accompanying basic financial statements, since such taxes are collected to finance expenditures of the subsequent �' period. 161 I �t NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 42 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE J - PROPERTY TAXES, CONTINUED Procedures for collecting delinquent taxes, including applicable tax certificate sales and tax deed sales, are provided for by Florida Statutes. The enforceable lien date is -- approximately two years after taxes become delinquent and occurs only upon request of a holder of a delinquent tax certificate. As of September 30, 2008, $276,001 was due from the Collier County Tax Collector to the District for ad valorem taxes and excess fees, and interest. Important dates in the property tax cycle are as follows: -- Assessment roll certified July 1 Millage resolution approved No later than 93 days following certification of assessment roll. Taxes due and payable (Levy date) November /with various discount provisions through March 31. -- Property taxes payable - maximum discount (4 percent) 30 days after levy date Beginning of fiscal year for which taxes have been levied October 1 ~— Due date March 31 -- Taxes become delinquent (lien date) April 1 Tax certificates sold by the Collier County Tax Collector Prior to June 1 For the year ended September 30, 2008, the Board of Commissioners of the District -- levied ad valorem taxes at a millage rate of $1.00 per $1,000 (1.00 mill) of the 2007 net taxable value of real property located within the District. 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE K - DESIGNATED AND /OR RESERVED FUND BALANCE/NET ASSETS Fund Balance/Net Assets were designated and/or reserved for the following purposes at September 30, 2008: Designated fund balance General Fund - Maintaining level of service General Fund - Replacement Radios /Communications General Fund - Health insurance General Fund - Advanced Life Support Program General Fund - GASB 45 Post Employment Benefits General Fund - Loan lump sum payment General Fund - Emergency reserve General Fund - Operating reserve General Fund - Capital fire apparatus General Fund - Building improvements General Fund - Vehicle replacement General Fund - Capital equipment General Fund - Disaster preparedness General Fund - Station #46 improvements General Fund - Personal Protective Gear Total General Fund Reserved Net Assets Firefighters' Pension Fund - firefighters' retirement benefits Total Reserved Net Assets I �� Page 43 of 59 Amount $ 4,782,694 500,000 500,000 500,000 500,000 500,000 1,000,000 1,750,000 1,200,000 1,000,000 100,000 1,000,000 500,000 20,900 100,000 $ 13,953,594 Amount $ 14,440,135 $ 14,440,135 - 161 1 -- NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 44 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE L - IMPACT FEE FUND ACTIVITY During the year ended September 30, 2008; the Impact Fee Fund had the following activity: Deferred revenue, October 1, 2007 Impact fee receipts (1) Interest income Other income Refunds Operating fees - collection fees Capital outlay Payables in excess of assets (2) Due to general fund Deferred revenue, September 30, 2008 Amount $ (1,619,600) 1,437,474 27,945 4,955 (18,438) (21,526) (116,937) 6,127 300,000 (1) Including Impact fee receipts due from other governments of $ 28,679. (2) At September 30, 2008 the District had recorded payables in excess of assets. The excess is anticipated to be funded with future impact fee receipts. During the year ended September 30, 2008, the District paid Collier County (County) approximately $260,000 as a result of an audit the County performed on its internal allocation of impact fees for the years 1997 through 2006. The audit disclosed the County had overpaid the District impact fees of this amount. The . _ District repaid the impact fees from its General Fund. Accordingly, the County repaid the District $4,955 (as noted above) for collection fees associated with the repaid impact fees. NOTE M - RECLASSIFICATION During the year ended September 30, 2008, the District determined that a reclassification adjustment was necessary. The reclassification entry decreased the -- beginning unrestricted net assets balance on the Statement of Net Assets and the beginning Impact Fee fund balance on the Balance Sheet - Governmental Funds by $1,619,600. The balance on both government -wide and fund financial statements has been reclassified from deferred revenue (deficit). The reclassification entry was required to properly reflect the fact the District elected to loan the Impact Fee Fund money in order for the Impact Fee Fund to purchase two (2) unimproved parcels of land for future stations and one (1) improved parcel for a maintenance facility during —, NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 161 1 � k Page 45 of 59 NOTE M - RECLASSIFICATION, CONTINUED �.. the year ended September 30, 2007. Due to the economic slowdown, the District has not collected impact fees in an amount sufficient to fully fund the capital purchases. Therefore, the General Fund loaned the Impact Fee Fund money to purchase the sites due to growth in the District. The loan is recorded as a "Due to the General Fund" and will be repaid a impact fees are collected. The reclassification from a deficit deferred revenue results in a deficit fund balance in the Impact Fee: Fund. NOTE N - DEFICIT FUND BALANCE °— During the year ended September 30, 2007, the District's Impact Fee Fund borrowed $1,619,600 (net) from the General Fund to assist in the purchase of certain capital items due to growth in the District (see Note M - Reclassification). As ^. of September 30, 2008, due to the economic slowdown, the District had not collected impact fees sufficient to fully repay the General Fund. During the year ended September 30, 2008, the Impact Fee Fund also incurred expenses near year end in excess of its assets in the amount of $6,127. The General Fund had available unreserved fund balance to fund the cumulative loans to the Impact Fee Fund in the amount of $300,000, as well as the $6,127 payables in excess of assets at September 30, 2008. -- During the year ended September 30, 2008, the District's Inspection Fee Fund revenue was less than anticipated. As a result, the Inspection Fee Fund borrowed $91,818 (net) from the General Fund to support operations of the Fund, mainly personal service expenditures. The effect of the lower than anticipated inspection fee revenue and borrowing from the General Fund was a deficit fund balance in the amount of $20,038 at September 30, 2008. The General Fund had available �. unreserved fund balance to fund the cumulative loans to the Inspection Fee Fund as well as fund the deficit in the Impact Fee Fund. The District intends to repay the General Fund with future collections of impact fees and inspection fees from the respective Funds as soon as feasible. 161 l NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 46 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2008 NOTE O - COMMITMENTS AND CONTINGENCIES The District is involved from time to time in certain routine litigation, the substance —' of which either as liabilities or recoveries, would not materially affect the financial position of the District. Although the final outcome of the lawsuits, assertions, and claims or the exact amount of costs and /or potential recovery is not presently -- determinable, in the opinion of the District's legal counsel, the resolution of these matters will not have a materially adverse affect on the financial condition of the District. As a general policy, the District plans to vigorously contest any such matters. NOTE P - IMPLEMENTATION OF RECENTLY RELEASED GASB STATEMENTS The Governmental Accounting Standards Board has issued Statement No. 45, "Accounting and Financial Reporting by Employers for Post- Employment Benefits Other Than Pensions" (GASB 45). This Statement will change the manner in which a governmental entity discloses, accrues, and funds its post retirement benefits other than pensions. Upon implementation of this statement, the District will be required to actuarially determine the cost of its post retirement benefits other than pensions and fund those costs annually. This Statement may have a significant effect on the District's annual budget. The Statement is effective for the year ended September 30, 2010. The District intends to implement this Statement at that time and has designated fund balance in the General Fund in the amount of $500,000 to begin funding of this liability. The District contracted an actuary to perform this analysis. The actuary has released and initial estimate of the District's required annual contribution which ranged between $195,000 and $304,000. NOTE Q - DIFFERENCE IN AMOUNTS RECORDED AS CONTRIBUTIONS RECEIVED AND CONTRIBUTION EXPENDITURES During the year ended September 30, 2008, the District contributed $1,009,715 to the Firefighters' Pension Trust Fund ( "Plan ") FS 175 (see Note G - Plan 2). Also during the year the Plan was granted permission to use additional State premium dollars thereby changing the District's required contribution. The District had, however, contributed in excess of the revised required contribution and recorded such amount as contribution expenditures. The Plan recorded the difference between -- the revised required contribution amount and the amounts contributed by the District as deferred revenue of $283,580. Ultimately, the difference resulted in the District recording the amount of $283,580 as retirement expenditures and the Plan recording this amount as deferred revenue during the year ended September 30, 2008. 161 1 �� REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MD &A NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN - FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - SUMMARY STATEMENT Year Ended September 30, 2008 General Fund 161 1 Page 47 of 59 EXPENDITURES Variance '— Current Original Final Favorable Public safety Budget Budget Actual (Unfavorable) REVENUES 21,848,109 20,323,120 19,142,836 1,180,284 Ad Valorem taxes $ 27,446,123 $ 27,879,882 $ 27,889,425 $ 9,543 Intergovernmental revenue - - 43,843 43,843 Charges for services 137,725 137,725 181,532 43,807 Miscellaneous: 176,210 78,502 51,630 26,872 Interest 340,000 548,112 753,256 205,144 Other 278,200 328,200 560,527 232,327 Subtotal - revenues 28,202,048 28,893,919 29,428,583 534,664 Cash brought forward 7,118,164 9,097,327 - (9,097,32'7) TOTAL REVENUES 35,320,212 37,991,246 29,428,583 (8,562,663D EXPENDITURES '— Current Public safety Personal services 21,848,109 20,323,120 19,142,836 1,180,284 _ Operating expenditures 3,894,738 4,154,738 3,443,794 710,944 Capital outlay 979,845 2,325,515 1,907,185 418,330 --- Debt service Principal reduction 176,210 78,502 51,630 26,872 ® Interest and fiscal charges 209,598 26,875 26,871 4 Reserves 8,211,712 11,082,496 - 11,082,496 _._ TOTAL EXPENDITURES 35,320,212 37,991,246 24,572,316 13,418,930 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - 4,856,267 $ 4,856,267 FUND BALANCE - Beginning 9,097,327 "'— FUND BALANCE - Ending $ 13,953,594 The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT Year Ended September 30, 2008 161 1 �� Page 48 of 59 The accompanying notes are an integral part of this statement. General Fund Variance Original Final Favorable Budget Budget Actual _ (Unfavorable) REVENUES Ad Valorem taxes $ 27,446,123 $ 27,879,882 $ 27,889,425 $ 9,543 Intergovernmental revenue - - 43,843 43,843 Charges for services 137,725 137,725 181,532 43,807 Miscellaneous: Interest 340,000 548,112 753,256 205,144 Other 278,200 328,200 560,527 232,327 Subtotal - revenues 28,202,048 28,893,919 29,428,583 534,664 Cash brought forward _ 7,118,164 9,097,327 - (9,097,327) TOTAL REVENUES 35,320,212 37,991,246 29,428,583 (8,562,663) EXPENDITURES Current Public safety Personal services: Salaries Firefighters & Admin. 11,168,563 11,503,853 11,354,008 149,845 Commissioners 30,000 30,000 30,000 - Overtime 568,653 568,653 384,738 183,915 Incentives and holiday pay 489,069 502,569 529,744 (27,175) Payroll taxes Social Security 966,246 966,246 938,057 28,189 Benefits Retirement 4,231,045 2,160,903 2,065,055 95,848 Health insurance 2,505,269 2,982,998 2,671,731 311,267 Disability insurance 151,000 151,000 124,456 26,544 Vacation 10,000 10,000 33,502 (23,502) Sick leave 428,600 428,600 428,007 593 Unemployment insurance 36,373 36,373 19,698 16,675 Workers compensation 1,141,291 859,925 477,969 381,956 Employee physicals 120,000 120,000 85,427 34,573 Retirement recognition 2,000 2,000 444 1,556 Subtotal - Personal services 21,848,109 20,323,120 19,142,836 1,180,284 The accompanying notes are an integral part of this statement. 161 1 j�1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 49 of 50 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2008 _. General Fund Variance _ Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable) ._ Insurance 298,738 298,738 240,678 58,060 Uniforms 75,000 75,000 46,952 28,048 Communications 35,000 35,000 46,726 (11,726) ._. Telephone 175,000 175,000 160,439 14,561 Utilities 162,962 162,962 189,927 (26,965) '"- Maintenance Vehicle 372,925 372,925 247,347 125,578 Equipment 53,100 53,100 25,744 27,356 Computer 131,450 131,450 57,819 73,631 Hydrant 40,000 40,000 76,526 (36,526) Building 352,000 352,000 266,435 85,565 Supplies Office 48,000 48,000 41,066 6,934 Protective gear 27,800 27,800 29,898 (2,098) Station 40,000 40,000 43,906 (3,906) Emergency medical 87,500 87,500 61,383 26,117 -- Hurricane /emergency 10,000 10,000 10,395 (395) Equipment Office 29,507 29,507 40,403 (10,896) Fire 90,000 90,000 94,070 (4,070) Shop 9,432 9,432 9,421 11 -.. Warehouse/Logistics 4,000 4,000 2,781 1,219 Professional and other fees '-^ Legal and professional 300,000 300,000 190,945 109,055 Property appraiser fees 191,869 191,869 160,754 31,115 Tax collector fees 551,922 551,922 558,460 (6,538) Accounting 80,000 80,000 78,115 1,885 �. Miscellaneous Travel 70,140 70,140 30,877 39,263 Water /sewer fee St. 44 5,500 5,500 4,749 751 Public information officer 4,085 4,085 1,621 2,464 Public education officer 15,000 15,000 13,498 1,502 --- Fuel and oil 290,000 290,000 258,410 31,590 Legal advertisements 9,000 9,000 5,081 3,919 .,. Dues and subscriptions 15,300 15,300 13,054 2,246 CERT team 14,678 14,678 4,375 10,303 Dive team 4,650 4,650 4,580 70 Fire prevention 20,210 20,210 11,390 8,820 Training 163,995 163,995 119,605 44,390 Hazardous materials 15,000 15,000 11,204 3,796 Technical rescue 7,425 7,425 4,114 3,311 -- Boat team 5,950 5,950 6,071 (121) K -9 search and rescue 1,500 1,500 129 1,371 _ Honor guard 3,000 3,000 218 2,782 PETC 1,600 1,600 - 1,600 Peer fitness 1,500 1,500 69 1,431 Repayment impact fees - 260,000 259,930 70 Miscellaneous 30,000 30,000 14,629 15,371 ^° Operational Reserves - Contingency 50,000 _ 50,000 - 50,000 --- Subtotal - Operating expenditures _ 3,894,738 4,154,738 3,443,794 710,944 The accompanying notes are an integral part of this statement. 161 1 ._ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 50 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED' Ended September 30, 2008 General Fund Debt service: Principal reduction 176,210 78,502 51,630 26,872 Interest and fiscal charges 209,598 26,875 26,871 4 Subtotal - Debt service 385,808 105,377 78,501 26,876 Reserves: Designated reserves 8,211,712 11,082,496 - 11,082,496 TOTAL EXPENDITURES 35,320,212 37,991,246 24,572,316 13,418,930 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - 4,856,267 $ 4,856,267 FUND BALANCE - Beginning 9,097,327 FUND BALANCE - Ending $ 13,953,594 The accompanying notes are an integral part of this statement. Variance Original Final Favorable Capital outlay: Budget Budget Actual (Unfavorable) Land/bldg - shop /maintenance facility - - - Renovation/reloc - shop /prevention 250,000 1,300,000 1,274,428 25,572 Station improvements 134,330 350,000 253,654 96,346 Vehicles 30,000 30,000 37,867 (7,867) Fire & rescue equipment 112,000 112,000 26,492 85,508 Protective gear 20,000 20,000 - 20,000 Communication equipment 30,000 30,000 4,956 25,044 Office equipment 101,500 101,500 88,671 12,829 Boat team 6,000 6,000 4,619 1,381 Training- operations 19,400 19,400 11,514 7,886 Shop equipment 95,000 95,000 5,800 89,200 Hazardous materials equip. 2,000 2,000 - 2,000 Fire apparatus 80,000 160,000 157,198 2,802 Computers 50,865 50,865 19,884 30,981 Medical equipment 48,750 48,750 16,243 32,507 Fire prevention - - 5,859 (5,859) Subtotal - Capital outlay 979,845 2,325,515 1,907,185 418,330 Debt service: Principal reduction 176,210 78,502 51,630 26,872 Interest and fiscal charges 209,598 26,875 26,871 4 Subtotal - Debt service 385,808 105,377 78,501 26,876 Reserves: Designated reserves 8,211,712 11,082,496 - 11,082,496 TOTAL EXPENDITURES 35,320,212 37,991,246 24,572,316 13,418,930 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - 4,856,267 $ 4,856,267 FUND BALANCE - Beginning 9,097,327 FUND BALANCE - Ending $ 13,953,594 The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - IMPACT FEE FUND - SUMMARY STATEMENT Year Ended September 30, 2008 161 1 W Page 51 of 59 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Fees: Impact fees $ 750,000 $ 750,000 $ 1,437,474 $ 687,474 Miscellaneous: Proceeds from Sale of Land - - - - Interest 10,000 10,000 27,945 17,945 Other - - 4,955 4,955 Subtotal - revenues 760,000 760,000 1,470,374 710,374 Cash brought forward (8,750) (8,750) - 8,750 TOTAL REVENUES 751,250 751,250 1,470,374 719,124 EXPENDITURES Current Public safety Operating expenditures 561,250 561,250 39,964 521,286 Capital outlay 190,000 190,000 1 16,937 73,063 Reserves - - - - TOTAL EXPENDITURES 751,250 751,250 156,901 594,349 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - 1,313,473 $ 1,313,473 FUND BALANCE - Beginning - Reclassisfication (1,619,600) FUND BALANCE - Ending $ (306,127) The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT 161 I �\ Page 52 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL IMPACT FEE FUND - DETAILED STATEMENT Year Ended September 30, 2008 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Fees: Impact fees $ 750,000 $ 750,000 $ 1,437,474 $ 687,474 Miscellaneous: Proceeds from Sale of Land - - - - Interest 10,000 10,000 27,945 17,945 Other - 4,955 4,955 Subtotal - revenues 760,000 760,000 1,470,374 710,374 Cash brought forward (8,750) (8,750) 8,750 TOTAL REVENUES 751,250 751,250 1,470,374 719,124 EXPENDITURES Miscellaneous Refunds - - 18,438 (18,438) Impact fee collection 11,250 11,250 21,526 (10,276) Repayments 550,000 550,000 - 550,000 Subtotal - Operating expenditures 561,250 561,250 39,964 521,286 Capital outlay: _ Emergency traffic device - St. 42 130,000 130,000 5,867 124,133 Station 48 engineering 30,000 30,000 81,120 (51,120) Station 49 engineering 30,000 30,000 29,950 50 Subtotal - Capital outlay 190,000 190,000 116,937 73,063 Reserves: .�. TOTAL EXPENDITURES 751,250 751,250 156,901 594,349 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - 1,313,473 $ 1,313,473 FUND BALANCE - Beginning - Reclassification (1,619,600) FUND BALANCE - Ending $ (306,127) The accompanying notes are an integral part of this statement. FUND BALANCE - Beginning 147,385 FUND BALANCE - Ending L___(20,038) The accompanying notes are an integral part of this statement. 161 1 _.. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 53 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN —� FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - SUMMARY STATEMENT Year Ended September 30, 2008 Inspection Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES _-. Charges for services 900,000 900,000 809,413 (90,587) Miscellaneous: Interest 10,000 10,000 2,777 (7,223) Subtotal - revenues 910,000 910,000 812,190 (97,810) Cash brought forward 170,000 170,000 - (170,000) -- TOTAL REVENUES 1,080,000 1,080,000 812,190 (267,810) EXPENDITURES Current --. Public safety Personal services 1,020,319 1,020,319 969,067 51,252 Operating expenditures 29,021 29,021 10,546 18,475 Capital outlay 30,000 30,000 - 30,000 Reserves 660 660 - 660 TOTAL EXPENDITURES 1,080,000 1,080,000 979,613 100,387 EXCESS OF REVENUES OVER .._. (UNDER) EXPENDITURES $ - $ - (167,423) $ (167,423) FUND BALANCE - Beginning 147,385 FUND BALANCE - Ending L___(20,038) The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INSPECTION FEE FUND - DETAILED STATEMENT Year Ended September 30, 2008 16 I 1 �' Page 54 of 59 The accompanying notes are an integral part of this statement. Inspection Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Fees: Inspection fees $ 900,000 $ 900,000 $ 809,413 $ (90,587) Miscellaneous: Interest 10,000 10,000 2,777 (7,223) Subtotal - revenues 910,000 910,000 812,190 (97,810) Cash brought forward 170,000 170,000 (170,000) TOTALREVENUES 1,080,000 1,080,000 812,190 (267,810) EXPENDITURES Current Public safety Personal services: Salaries Regular 553,640 553,640 599,783 (46,143) Overtime 30,000 30,000 14,755 15,245 Professional/Incentives and holiday pay 4,800 4,800 6,500 (1,700) Payroll taxes Social Security 46,997 46,997 47,510 (513) Benefits Retirement 212,453 212,453 125,030 87,423 Health insurance 94,731 94,731 105,933 (11,202) Disability insurance 5,665 5,665 8,384 (2,719) Vacation - - - - Sick leave 18,118 18,118 18,118 Unemployment compensation - - - - Workers compensation 53,915 53,915 61,172 (7,257) Subtotal - Personal services 1,020,319 1,020,319 969,067 51,252 The accompanying notes are an integral part of this statement. 161 $ W NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 55 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2008 Fee Fund Capital outlay: Office facility Vehicles 30,000 30,000 Subtotal - Capital outlay 30,000 30,000 30,000 30,000 Debt service: Principal reduction Interest and fiscal charges Subtotal - Debt service - - Reserves: 660 660 - 660 TOTAL EXPENDITURES 1,080,000 1,080,000 979,613 100,387 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - (167,423) $ (167,423) FUND BALANCE - Beginning 147,385 FUND BALANCE - Ending $ (20,038) The accompanying notes are an integral part of this statement. Variance Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable) Uniforms 500 500 - 500 Telephone 8,700 8,700 3,515 5,185 Utilities 10,000 10,000 7,031 2,969 Maintenance Contract labor - - - - Hydrant - - - Supplies Office 1,142 1,142 - 1,142 Miscellaneous Employee physicals 1,500 1,500 1,500 Dues & subscriptions - - - Fire prevention 6,179 6,179 - 6,179 Training 1,000 1,000 1,000 Miscellaneous - - - - Subtotal - Operating expenditures 29,021 29,021 10,546 18,475 Capital outlay: Office facility Vehicles 30,000 30,000 Subtotal - Capital outlay 30,000 30,000 30,000 30,000 Debt service: Principal reduction Interest and fiscal charges Subtotal - Debt service - - Reserves: 660 660 - 660 TOTAL EXPENDITURES 1,080,000 1,080,000 979,613 100,387 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ - $ - (167,423) $ (167,423) FUND BALANCE - Beginning 147,385 FUND BALANCE - Ending $ (20,038) The accompanying notes are an integral part of this statement. i61 7p� ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Certified Public Accountants & Consultants 161 1 �� Affiliations Florida Institute of Certified Public Accountants American Institute of Certified Public Accountants INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL ._. OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF BASIC FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109 -0492 Private Companies Practice Section Tax Division Page 56 of 59 We have audited the basic financial statements of North Naples Fire Control and Rescue District as of and for the year ended September 30, 2008 and have issued our report thereon dated May 29, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered North Naples Fire Control and Rescue District's internal control over financial reporting as a basis for designing our audit procedures for -� the purpose of expressing our opinion on the basic financial statements, but not for the purpose of expressing an opinion on the effectiveness of North Naples Fire Control and Rescue District's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of North Naples Fire Control and Rescue District's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's basic financial INTEGRITY ......... SERVICE ......... EXPERIENCE 12621 World Plaza Lane, Building 55 • Fort Myers, FL 33907 • Phone: (239) 333 -2090 • Fax: (239) -333 -2097 - 16-1 1 Page 57 of 59 financial statements that is more than inconsequential will not be prevented or detected by the -- entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the basic financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described `— in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. �. Compliance and Other Matters As part of obtaining reasonable assurance about whether North Naples Fire Control and Rescue District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, -- noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The _ results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. �. This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida, and other federal and state audit -- agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. TUSCAN & COMPANY, P.A. -- Fort Myers, Florida May 29, 2009 — ETUSCAN & Company, PA Certified Public Accountants & Consultants 161 l Affiliation Florida Institute of Certified Public Accountants American Institute of Certified Public Accountants Private Companies Practice Section Tax Division Page 58 of 59 INDEPENDENT AUDITOR'S REPORT TO MANAGEMENT -- Board of Commissioners North Naples Fire Control and Rescue District �. 1885 Veterans Park Drive Naples, Florida 34109 -0492 We have audited the basic financial statements of North Naples Fire Control and Rescue District (the "District ") as of and for the fiscal year ended September 30, 2008 and have issued our report thereon dated May 29, 2009. In connection with our audit, we are submitting the following -- comments and recommendations in accordance with Chapter 10.550 "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 2008) Rule 10.557(3) and Section 218.39(4), of the Florida Statutes. PRIOR YEAR COMMENTS THAT CONTINUE TO APPLY: The prior year comment appears to have been resolved. CURRENT YEAR COMMENTS: No financially significant comments noted. ^" We have included in this letter all comments which came to our attention during the course of our audit regarding items 1 through 7, as applicable, of the "Rules of the Auditor General -Local Governmental Entity Audits," Rule 10.554, Section (1)(i). In regard to Item 2, we represent that the District has complied with Florida Statute 218.415 regarding the investment of public funds. In regard to item 7(a), nothing came to our attention to cause us to believe that at any time during the year the North Naples Fire Control and Rescue District met any of the criteria for being in a -- state of financial emergency as defined in Florida Statute 218.503(1). In regard to item 7(c)(1), we applied financial condition assessment procedures pursuant to Rule 10.556(7) and noted no significant indications of deteriorating financial conditions. As such, we do not believe the District to be in a state of financial emergency as a consequence of conditions described in Section INTEGRITY ......... SERVICE ......... EXPERIENCE 12621 World Plaza Lane, Building 55 • Fort Myers, FL 33907 • Phone: (239) 333 -2090 • Fax: (239) 333 -2097 - 161 1 �` Page 59 of 59 218.503(1) of the Florida Statutes. In regard to Item 7(b), we represent that the financial report filed with the Department of Financial Services, pursuant to Florida Statute 218.32(1)(a), is in agreement with the annual financial audit report for the same period. This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. ? 41 4, , 4,,� l 0 TUSCAN & COMPANY, P.A. Fort Myers, Florida May 29, 2009 16I 1 W EXHIBIT J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Burke, Commissioner John O. McGowan, Commissioner North Ni August 31, 2009 161 1 �\ his R 1885 Veterans Park Drive Naples, FL 34109 (239) 597 -3222 FL Fax(239)597 -7082 tples Fire Control and Rescue District - Auditor General's Office Local Government Audits /342 Claude Pepper Building, Room 401 1 l 1 West Madison Street Tallahassee, FL. 32399 -1450 We are pleased to note that the audit report for the fiscal year 2007/2008 reflected no current year or prior comments which require management's response. The Board of Fire Commissioners and management staff of the North Naples Fire Control & Rescue District have worked diligently to resolve past audit comments and address deficiencies __. in internal controls, and policy and procedures to insure the financial stability of the District. The audit report for the fiscal year ended September 30, 2008 reflects the commitment of the Board and staff to successfully resolve prior year issues. Sincerely, NORTI I NAPLES FIRE CONTROL. &c RESCUE DIS'T'RICT -" *RC. O 'S ` REBECAI I PG BR {)NSDON Assistant Chief of Administrative Services r31 Pn,P 161 7 �� t tsi47 -� c F- �-- cn M1 II T i 1 I! -�� - 161 1 p� I SPECIAL DISTRICT REPORTING SOctiorl I_ °9.4 Ro, Florida `statutes, requires that each special district in the state desiEnate a recistcred office and a registered agent and file this 'I E' nation with the DeparLi-Ticnt of Community _=affairs and the local governing authority, Collier County Board oC County Commtssioners. ny chanucs in registered ages. and re�istered office must be reported to the above named agencies. In the space below, please provide the correct name and address of your current registered agent: DISTRICT N1AME: North Names E=ire Control & Rescue District REGISTERED _GENT: Fire Chief 1%r! �? . Sfnt�S REGISTERED OFFICE: 1555 Veterans Park ' Drive Naples FL 34 109 _ In :addition, please provide the teiephonc number oC your registered agent: PFIONNE N-C.IVIBER: X39) 597.1 Indicate Your district's status (dependent or independent) by marking and X in the appropriate space. (.See section 1 59.403, Florida Statutes, for definitions ) DEPEi,I)FNJ' INTDEPENi DENT x If the actual location of your special district office is different from that of your registered agent, provide the. district's business address in the space below: Please return this Corm, to the address belovv: Derck fohnssCn, General _recounting Manager Clerk 0L'the Circuit Court. Finance Department Court Plaza It]- -7 A",-Porgy Road south Maples, FE 34 1 1 161`1 �oQtwpfs North Naples Fire Control & Rescue District I E E� Board of Fire Commissioners 2009-2010 Meeting Schedule THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS WILL HOLD ITS REGULAR MONTHLY MEETINGS ON THE FOLLOWING DATES COMMENCING @ 9.00 A.M. IN THE TRAINING ROOM AT THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT'S STATION 45, LOCATED AT 1885 VETERANS PARK DRIVE, NAPLES, FL 34109. Thursday October 8, 2009 9:00 AM Thursday November 12, 2009 9:00 AM Thursday December 10, 2009 9:00 AM ! Thursday January 14, 2010 9:00 AM Thursday Thursday February 11, 2010 March 11, 2010 9:00 AM 9:00 AM Thursday April 8, 2010 9:00 AM Thursday May 13, 2010 9:00 AM Thursday June 10, 2010 9:00 AM Thursday July 8, 2010 9:00 AM] Thursday August 12 , 2010 9:00 AM Thursday September 9, 2010 9:00 AM Chairman J. Christopher Lombardo Board of Fire Commissioners RUN FOR ONE DAY ONLY: September 19, 2009 /bek FACILITY NAME ADDRESS DESCRIPTION l 6 i P('� 1 Attachment E -1 Facility Record- Station 40 North Naples Fire Control & Rescue District STATION 40 Date Updated: 9/10/2009 1441 Pine Ridge Road, Naples, FL 34109 CAPACITY: Fire Station LAND SIZE: 1.05 acres BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: SQ FT: HOSE TOWER SQ.FT: PROPERTY TOTAL SQ.FT: APPARATUS AND EQUIPMENT ENGINES: 1 PUMPERS: 0 HOSE: 0 Watern Tenders: 0 BRUSH: 0 WOODS: 0 ANTIQUE 0 TOTAL APPARATUS: 2 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 6 TOTAL STAFF: 18 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS CBS 3,257 3,915 600 1,750 320 9,842 184 10,026 LADDERS: 1 SQUAD: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 FIRE PREVENTION ADMINISTRATION 10 Scl Miles Urban 14,000 2,047 6.00 Minutes 96,947 CLERICAL Facilitv Record- Station 42 North Naples Fire Control & Rescue District FACILITY NAME STATION 42 Date Updated: ADDRESS 7010 Immokalee Rd., Naples, FL 34119 DESCRIPTION 161 1'1 3 Attachment E -2 9/10/2009 CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 1.29 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: SERVICE AREA 3,228 AREA SIZE: GARAGE: AREA TYPE: 3,638 AREA POPULATION: WORK AREA: CALLS PER YEAR: 91 AVERAGE RESPONSE TIME: OFFICE: 91 STORAGE: 125 TOTAL SQ FT: 7,173 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 0 PUMPERS: 0 SUPPORT: 0 HOSE: 0 UTILITY: 1 Water Tenders: 1 BRUSH: 1 COMMAND: 0 WOODS: 0 STAFF: 0 TOTAL APPARATUS: 4 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 6 FIRE FIGHTERS: 0 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION 20 Sq Miles Urban 9,000 1,321 6.00 Minutes 96,947 CLERICAL Facilitv Record - Station 43 North Naples Fire Control & Rescue District FACILITY NAME STATION 43 Date Updated: ADDRESS 16325 Vanderbilt Dr., Bonita Springs, FL 34134 DESCRIPTION 161 1 Al Attachment E -3 9/10/2009 CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 1.26 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3,233 GARAGE: 2,820 WORK AREA: 524 OFFICE: 104 STORAGE: 952 TOTAL SQ FT: 7,633 APPARATUS AND EQUIPMENT ENGINES: 0 LADDERS: 1 PUMPERS: 0 SUPPORT: 0 HOSE: 0 UTILITY: 1 TANKERS: 0 BOAT: 1 BRUSH: 0 COMMAND: 0 WOODS: 0 STAFF: 0 TOTALAPPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 12 Sq Miles AREA TYPE: Urban AREA POPULATION: 10,000 CALLS PER YEAR: 1,143 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 96,947 7C /BB /bjp 8 -24 -09 161 1 pt Attachment E -4 Facility Record- Station 44 North Naples Fire Control & Rescue District FACILITY NAME STATION 44 Date Updated: 9/1012009 ADDRESS 8970 Hammock Oak Dr., Naples, FL 34108 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: NIA CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 5,976 GARAGE: 3,744 WORK AREA: 249 OFFICE: 359 STORAGE: 458 TOTAL SQ FT: 10,786 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 0 SUPPORT: 1 HOSE: 0 UTILITY: 1 TANKERS: 0 SQUAD: 0 BRUSH: 1 COMMAND: 0 WOODS: 0 STAFF: 0 BOAT: 1 ATV: 1 TOTALAPPARATUS: 7 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 12 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: 7 Sq Miles AREA TYPE: Urban AREA POPULATION: 19,200 CALLS PER YEAR: 1,952 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 96,947 JC /BB /bjp 8 -24 -09 161 1 �� Attachment E -5 Facility Record- Station 45 North Naples Fire Control & Rescue District FACILITY NAME STATION 45 Date Updated: 9/10/2009 ADDRESS 1885 VETERANS PARK DR., NAPLES, FL 34109 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 6.9 acres CONSTRUCTION TYPE: CBS AVERAGE RESPONSE TIME: BUILDING SIZE: LIVING QUARTERS: GARAGE: RESIDENTIAL: ASSEMBLY: SQ FT: 22,782 TRAIN TOWER: SO. FT: 2,332 GENERAL BUILDING: SQ. FT: 308 PROPERTY TOTAL SQ. FT: 25,422 APPARATUS AND EQUIPMENT ENGINES: 1 SRU: 4 UTILITY: 1 TRAINING VEHICLE: 6 TRAILER: 9 FPB: 0 PUMPER 1 COMMAND: 7 PLO: 1 TOTAL APPARATUS: 30 STAFFING SHIFT ADMINISTRATION CLERICAL BAT.CHIEF 3 CAPTAIN: 4 CHIEF 1 FINANCIAL. 2 LIEUTENANT: 2 ASST. CHIEF 2 ADMIN 2 ENGINEERS: 3 DEPUTY CHIEF 2 FIRE FIGHTERS: 9 BAT. CHIEF 1 CAPTAIN 1 LIEUTENANT 0 PUBLIC INFOR. 1 OFFICE MGR. 1 IT 0 MAPS 0 TOTAL STAFF: 34 SERVICE AREA AREA SIZE: 8 Sol Miles AREA TYPE: Urban AREA POPULATION: 21,000 CALLS PER YEAR: 1,462 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 96,947 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE 161 1 �i Facility Record- Station 46 North Naples Fire Control & Rescue District STATION 46 Date Updated: 09110109 3410 Pine Ridge Rd. Fire Station DEMAND: Emergency Response Fire & Rescue 4.25 Acres CONSTRUCTION TYPE: CBS Living Quarters Garage Work Area Office Storage Total SQ.FT: APPARATUS AND EQUIPMENT Engines: 1 Brush: 1 TOTAL APPARATUS: 3 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 3,088 2,628 399 96 324 6,535 Ladder (reserve) FIRE PREVENTION ADMINISTRATION 8 Sq Miles Urban 14,000 1,333 6.00 Minutes 96,947 CLERICAL FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: 161 1 0" Facility Record- Station 47 North Naples Fire Control & Rescue District STATION 47 Date Updated: 09110109 2795 N. Airport - Pulling Rd. Fire Station DEMAND: Emergency Response Fire & Rescue 1.5 acres* CONSTRUCTION TYPE: CBS BUILDING SIZE: Living Quarters 4,357 Garage 3,720 Work Area 650 Office 392 Storage 388 Total SQ.FT: 9,507 APPARATUS AND EQUIPMENT Engines: 1 TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL_ STAFF: 9 SERVICE AREA AREA SIZE: 5 Sq Miles AREA TYPE: Urban AREA POPULATION: 6,000 CALLS PER YEAR: 709 AVERAGE RESPONSE TIME: 6 Minutes est. TOTAL POPULATION OF DISTRICT 96,947 JC/BB/bjp 8 -24 -09 CLERICAL 161 1 pl Facility Record- Station 48 North Naples Fire Control & Rescue District FACILITY NAME STATION 48 Date Updated: 09110/09 ADDRESS Livingston Rd. DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 3.28 acres CONSTRUCTION TYPE: BUILDING SIZE: RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL FIRE FIGHTERS: TOTAL STAFF: SERVICE AREA AREA SIZE: 5 Sq Miles AREA TYPE: Urban AREA POPULATION: 6,000 CALLS PER YEAR: 1,200 est. AVERAGE RESPONSE TIME: 6 Minutes est. TOTAL POPULATION OF DISTRICT 96,947 JC /BB /bjp 8 -24 -09 161 1 Facility Record- Station 49 North Naples Fire Control & Rescue District FACILITY NAME STATION 49 Date Updated: 09/10109 ADDRESS Nursery Ln. DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 26.35 Acres CONSTRUCTION TYPE: BUILDING SIZE: RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC/BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. 96,947 CLERICAL 161 1 �� Facility Record- Station 410 North Naples Fire Control & Rescue District FACILITY NAME STATION 410 Date Updated: 09/10/09 ADDRESS 925 Oakes Blvd. DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 3.66 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: TOTAL SQUARE FT: 9,507 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 0 TOTAL POPULATION OF DISTRICT JC/BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. 96,947 CLERICAL 161 1 �� _Facility Record- Station 411 North Naples Fire Control & Rescue District FACILITY NAME STATION 411 Date Updated: 09/10/09 ADDRESS 1121 Sun Century Rd, DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 1.6 ACRES CONSTRUCTION TYPE: STEEL. BUILDING SIZE: TOTAL SQUARE FT: 10,523 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC/BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. 96,947 CLERICAL Facilitv Record- Station 401 Taylor Road Facili- FACILITY NAME ADDRESS DESCRIPTION LAND SIZE BUILDING SIZE: North Naples Fire Control & Rescue District Taylor Rd. Date Updated: 09/10/09 6495 Taylor Rd. Maintenance, Warehouse & Office 1.6 acres Building A Building B Building C TOTAL SQ. FT: APPARATUS AND EQUIPMENT Engines: 1 Reserve Support 3 Utility 2 TOTAL APPARATUS: 23 STAFFING 1 fv\ DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS and Steel 3,039 6,156 9,042 18,237 Fire Prevention Bur 14 Command 4 SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL Fire Marshal 1 Deputy Chief 2 Admin Assistant 3 Deputy Fire Mar 2 Battilion Chief 1 Inspectors 10 Mechanic 2 Computer Network 1 Logistics /Captain 1 Maintenance 1 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: N/A AREA TYPE: Urban AREA POPULATION: N/A CALLS PER YEAR: N/A AVERAGE RESPONSE TIME: N/A TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 96,947 FACILITY NAME ADDRESS DESCRIPTION LAND SIZE: BUILDING SIZE: 161 Facility Record- Center Lane North Naples Fire Control & Rescue District Center Ln. Date Updated: 09/10109 NIA Vacant land 1.01 acres TOTAL SQ. FT APPARATUS AND EQUIPMENT TOTAL APPARATUS: 0 STAFFING SHIFT CAPTAIN: 0 LIEUTENANT: 0 ENGINEERS: 0 FIRE FIGHTERS: 0 TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 l po DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A N/A FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 161 1 NA Facility Record- 5604 Kathleen Court North Naples Fire Control & Rescue District FACILITY NAME 5604 Kathleen Ct. Date Updated: 09/10/09 ADDRESS 5604 Kathleen Ct. DESCRIPTION Vacant Land DEMAND: Emergency Response Fire & Rescue LAND SIZE: .66 acres CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 FACILITY NAME ADDRESS DESCRIPTION LAND SIZE BUILDING SIZE: 161 1 A' Facility Record- 5605 Kathleen court North Naples Fire Control & Rescue District 5605 Kathleen Ct. 5605 Kathleen Ct. Vacant Land 65 acres TOTAL SQ. FT APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 Date Updated: 09/10/09 DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A N/A FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 _Facility Record - 1945 Pine Ridge Road North Naples Fire Control & Rescue District FACILITY NAME ADDRESS DESCRIPTION LAND SIZE BUILDING SIZE: 1945 Pine Ridge Rd. 1945 Pine Ridge Rd. Vacant Land Date Updated: 09/10/09 � l DEMAND: Emergency Response Fire & Rescue 1.78 acres CONSTRUCTION TYPE: N/A TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL TOTAL STAFF: N/A SERVICE AREA AREA SIZE: N/A AREA TYPE: Urban AREA POPULATION: N/A CALLS PER YEAR: N/A AVERAGE RESPONSE TIME: N/A TOTAL POPULATION OF DISTRICT 96,947 JC /BB /Ujp 8 -24 -09 16I 1 PN Facility Record- Boat Dock North Naples Fire Control & Rescue District ADDRESS 13105 Vanderbilt Dr., Slip 47 DESCRIPTION Boat Slip DEMAND: Emergency Response Fire & Rescue LAND SIZE: N/A CONSTRUCTION TYPE: Dock BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT Fire /Rescue boat 1 TOTALAPPARATUS: 1 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL TOTAL STAFF: N/A SERVICE AREA AREA SIZE: Gulf and back waters AREA TYPE: Water AREA POPULATION: N/A CALLS PER YEAR: NIA AVERAGE RESPONSE TIME: N/A TOTAL POPULATION OF DISTRICT 96,947 JC /BB /bjp 8 -24 -09 161 1 k' Summary of Facility Records Zone eSquare Miles Population Call/Year Avg. Response Time Center Lane 10 14,000 2,047 minutes 42 20 9,000 1,321 6 minutes 43 12 10,000 1,143 6 minutes 44 7 19,200 �952 1,952 —6. minutes 45 8 21,000 1,462 �1,462 6 minutes 46 8 14,000 3 1,333 6 minutes 47 5 6,000 709 6 minutes 48 5 * 6, * 000 1,200 Est. (--minutes* 49 410 5* 5 6,000* 61000* 1,200 Est. 1,200 Est. 6 minutes* Ei minutes* 411 5* 6,000* 1,200 Est. 6 minutes* _ 401 N/A * estimates- Station not built Property Land -size Building Center Lane 1.01 acres--- vacant 5604 Kathleen 0.66 acres vacant Court 5605 Kathleen 0.65 acres vacant Court 1945 Pine Ridge 1.78 acres vacant —Road 13105 Vanderbilt N/A Boat Dock 12 Dr. JC/BB/bjp 8-24-09 161 1 P�\ North Naples Fire Control and fescue District (NNFCRD) Five Year Strategic Plan Presented by: Fire Chief Orly Stolts Assistant Chief Becky Pogan Bronsdon Acting Assistant Chief James Cunningham Deputy Chief Michael Swanson Deputy Chief Jorge Aguilera Deputy Chief Joe Hessliug Deputy Chief Sal D'Angelo Presented to: Board of Fire Commissioners J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chair Paul .l. Moriarty Sr., Treasurer John McGowan, Commissioner M. James Burke, Commissioner 13.IB /bb 8-14-09/8-24-09/8-31-09/9-23-09 FINAL 161 1 �'� Mission Statement The mission of the North Naples Fire Control and Rescue District is to protect life and property from fire and other emergencies through incident response, public education and code enforcement, while delivering the highest level of service, including Advanced Life Support Services, to our residents through the prudent management of our time, resources and personnel. BJB /bb 9 -23 -09 FINAL 2 161 1 Table of Contents MissionStatement .............................................................................. ............................... 2 North Naples Fire Control and Rescue District ................................... ............................... 5 History.................................................................... ..............................7 Current Resources and Service Delivery ............................................. ............................... 8 Stations, Apparatus and Personnel ....................................................... ............................... 8 Apparatus and On Duty S� taffin :....................................................... ............................... I 1 Emergency Medical Services ............................................................. ............................... 15 SpecialOperations ............................................................................. ............................... 15 Fire Response Assignments ................... ............................... ............................ 16 Emergency Service Performance ....................................................... ............................... 17 Response Times and Goals ............................................................ ............................... 1921 Response Time Sequence .................................................................. ............................... 20 Non - Emergency Ser vices ..... ............................... Fire Prevention Bureau ................................................ .............................21 OtherPrograms ams .................................................................................. ............................... 28 SupportStaff ...................................................................................... ............................... 29 SupportServices ................................................................................ ............................... 31 Training.............................................................................................. ............................... 32 Safety within the District ................................................................... ............................... 33 EmergencyDispatch .......................................................................... ............................... 33 Special District Public Facilities Report ............................................ ............................... 34 Human Resources Management nent ......................................................... ............................... 35 Information Manap-ement and ' Fechnology ........................................ ............................... 36 OPERATIONAL PLAN SUMMARY ............................................... ............................... 37 Year 1 Budget Year 2009 - 2010 ....................................... ............................... 37 Year 2 Budget Year 2010 — 2011 ....................................... ............................... 38 Year 3 Budget Year 2011 — 2012 ....................................... ............................... 39 Year 4 Budget Year 2012 — 2013 ....................................... ............................... 40 Year 5 Budget Year 2013 — 2014 ....................................... ............................... 41 Goals in the Next Five Years ............................................................. ............................... 42 Capital Improvements Program ......................................................... ............................... 43 Elements of the Program .................................................................... ............................... 44 Program Calendar for Each Upcoming Year ..................................... ............................... 45 Definitions.......................................................................................... ............................... 45 Limitsof the Program ........................................................................ ............................... 45 PROPERTY OWNED AND LAND ACQUISTIONS ...................... ............................... 46 FACILITIES....................................................................................... ............................... 46 FINANCIAL HIGHLIGHTS ............................................................. ............................... 47 Summation......................................................................................... ............................... 61 AttachmentA ..................................................................................... ............................... 62 AttaclunentB ..................................................................................... ............................... 63 AttachmentC ..................................................................................... ............................... 64 AttachmentD ..................................................................................... ............................... 65 B.113/bb 9 -23 -09 FINAL 3 161 1 �I FacilityRecord- Station 40 ................................................................ ............................... 6.5 FacilityRecord- Station 42 ................................................................ ............................... 66 Facility Record- Station 43 ................................................................ ............................... 67 Facility Record- Station 44 ................................................................ ............................... 68 FacilityRecord- Station 45 ................................................................ ............................... 69 FacilityRecord- Station 46 ................................................................ ............................... 70 Facility Record - Station 47 ................................................................ ............................... 71 FacilityRecord- Station 48 ................................................................ ............................... 72 Facility Record- Station 49 ................................................................ ............................... 73 FacilityRecord - Station 410 .............................................................. ............................... 74 Facility Record- Station 411 .............................................................. ............................... 75 Facility Record- Station 401 - Taylor Road Facility .......................... ............................... 76 Facility Record- Center Lane ............................................................. ............................... 77 Facility Record- 5604 Kathleen Court ............................................... ............................... 78 Facility Record- 5605 Kathleen Court ............................................... ............................... 79 Facility Record- 1945 Pine Ridye Road ............................................. ............................... 80 FacilityRecord- Boat Dock ............................................................... ............................... 81 Summary of Facility Records ............................................................. ............................... 82 BJB /bb 9 -23 -09 FINAL 4 161 1 w North Naules Fire Control and Rescue District North Naples Fire Control and Rescue District is an independent special taxing district established by the State of Florida in 1961. According to the Collier County Graphics Department, this District provides fire and rescue services to seventy (70) square miles within Northern Collier County, which includes commercial, residential and multifamily units located within Naples, Florida. The North Naples Fire Control and Rescue District is under the leadership of Fire Chief Orly Stolts, who reports to an elected five - member Board of Fire Commissioners. The North Naples area is expected to continue growing, but at a slower pace than has been realized in the past. The 2009 population estimated for the North Naples Fire District is 96,947. This reflects an annual increase in population of less than 2,000, or 2% (See Attachment A). When compared to the increase in population from 2005 of 24 percent from 78,062, the slow down in growth is apparent. Anticipated call volume will also rise from approximately 12,000 annually to about 15,200 in 2013; see Attachment (B) for more details. Infrastructure of the various communities is expected to keep pace with the population growth, but there will be a challenge in the congestion of transportation routes throughout this area in overall District response. Geography of the District and the development of new transportation routes will be closely monitored by the District in order to significantly reduce response times to various calls. The North Naples Fire Control and Rescue District provides a full range of services, including non - transport first response to Basic Life Support (BLS) and Advanced Life Support (ALS) to medical emergencies. The District operates out of seven (7) stations and maintains six (6) engine companies, and three (3) ladder companies; manning a total of nine (9) apparatus. At the 90th percentile, response time performance to structure fires was seven (7) minutes or less (Collier County Dispatch, 2005). The District's rating by the Insurance Services Organization is a split 3/9 on a range of 1 -10, with one (1) being the best. The three (3) represents areas serviced by fire hydrants and nine (9) represents areas where fire hydrants are not present. Areas without fire hydrants must be served through mutual aid BJB /bb 9 -23 -09 FINAL 5 161 1 �\ agreements and the use of the District's newly acquired water tender, as well as the use of neighboring fire districts' water tenders. The District also provides a variety of support functions such as inspections for fire code compliance in new and existing commercial and multi- family structures within North Naples. The Fire Prevention Bureau works closely with the Collier County Fire Code Officials to provide uniformity of code interpretation throughout all of the fire districts within Collier County. A strong emphasis on public education is also important to the District and this task is also fulfilled through the Fire Prevention Bureau. The District has benefited from the impact fees and revenue sources including both ad valorem taxation and developmental impact fees as well as fees for inspections, occupational licenses, flow test, hydrant maintenance, thrust block inspections and firework permits. Revenues from Ad Valorem and Impact Fees have historically increased. However; because of the economic factors currently in play, these funds have decreased substantially over the last two fiscal years. That trend is expected to continue and is reflected in the estimated revenues. After a thorough analysis of community development conditions and trends, operational methodology, resources, resource distribution, accepted industry standards and other factors, this report will provide recommendations for maintaining and/or improving the services provided by the District. Among the most significant recommendations contained in the Critical Issues and Recommendations are the following five major factors: 1. The need for the addition of two (2) Fire Stations, one (1) Engine Company and one (1) Ladder Company during the next five (5) years has been identified. However, due to financial constraints in both the General Fund and the Impact Fee Fund, only provision for the addition of one (1) Fire Station and one (1) Engine Company to bring the total to eight (8) Fire Stations, seven (7) Engines and three (3) Ladders is reflected. 2. While continued analysis of the District's organizational structure for greater efficiency of District operations has identified the anticipated need for additional BJB /bb 9 -23 -09 FINAL 6 161 1p,\ personnel at the administration level as well as the shift level, due to financial constraints anticipated in the General Fund, only the addition of three Battalion Chiefs is provided for. 3. Commitment to maintaining apparatus replacement schedule and facilities maintenance schedule by establishing and maintaining a reserve fund will be accomplished as funding is available. History North Naples Fire Control and Rescue District is an organization that is dedicated to the citizens of North Naples by adhering to a high standard of professionalism in everyday operations. This NNFCRD has an impressive history of rapid growth and change that had created some unique challenges to its development, while at the same time equipping its members to adapt to new ideas and methods. The District was initially established in 1961 as a small, rural volunteer fire organization protecting the homes of residents of North Naples. It was designated as an independent taxing district in 1965 by the Florida Legislature, providing a method for consistent and adequate financial resources. It is located in the Northwestern tip of Collier County, and encompasses an area of seventy (70) square miles. Today, the North Naples Fire Control and Rescue District maintains a high degree of professionalism, accountability, and responsibility to the citizens of the community. There is a clear understanding among the staff that the District has the full potential to become recognized as a leading organization in the fire service, providing a full array of modern, professional services to the community. Services currently provided by the North Naples Fire Control and Rescue District include: —� All types of Fire Response Emergency Medical Services (ALS and BLS) Hazardous Materials Response —� Vehicle Extrication Special Operations (Ops): low /high angle, confined space, trench, and building collapse rescues —> Beach Patrol --> Water Rescue/Boat operations BJBfbb 9 -23 -09 HNAL 7 161 1 P Fire Prevention and Code Compliance Inspection Fire Investigation Public Fire and Life Safety Education Dive Rescue Community Emergency Response Team, (C.E.R.T. ) —� Serving our Seniors, AKA S.O.S. North Naples Fire Control and Rescue District also demonstrates effective working relationships with other city and fire districts of neighboring jurisdictions. The District established mutual aid agreements with neighboring fire districts and municipalities. These agreements ensure that each district or municipality has access to additional resources during major emergencies. Current Resources and Service Delivery Stations, Apparatus and Personnel Fire departments need a balance of three basic resources to carry out their emergency mission successfully; specifically people, equipment and facilities. Because firefighting is an extremely physical pursuit, the adequacy of personnel resources is a primary concern, but no matter how many firefighters there are, there must also be significant fire apparatus distribution and standards of station coverage in order for the fire apparatus to protect the community of North Naples in an efficient manner. North Naples Fire Control and Rescue District has one - hundred sixteen shift firefighters and nine apparatus deployed from seven fire stations. One more station will be added to increase this coverage within the next five years. Currently, the numbering of the stations and locations are as follows: • Station 40, located at 1441 Pine Ridge Road • Station 42, located at 7010 Immokalee Road • Station 43, located at 16325 Vanderbilt Drive • Station 44, located at 8970 Hammock Oak Drive • Station 45, located at 1885 Veterans Park Drive MB /bb 9 -23 -09 FINAL 8 161 1 W o Station 46, located at 3410 Pine Ridge Road e Station 47, 2795 N. Airport - Pulling Road Station 48, Livingston Road, to be built within the next five (5) years e Station 49, Nursery Lane — future planned location — Construction delayed due to funding ® Station 410 925 Oaks Boulevard, future planned location — Construction delayed due to funding e Station 411 121 Sun Century Road future planned location - Construction delayed due to funding o Station 401, Support Services Head Quarters, 6495 Taylor Road Station 40 is the oldest station within the District, built in 1983 (Collier County Permitting Department, 2003). This station will be closely monitored for any structural deterioration. Improvements to this station as well as to other stations within the District will be made as deemed necessary by the Board of Fire Commissioners. Firefighters assigned to each fire station are responsible for emergency first response in a correspondingly numbered "Response District ". It is important to note that the distribution and the size of the territories has as much to do with growth history as with geography, and demand of the population this District serves. North Naples Fire Control and Rescue District strives to serve the growing population by increasing the number- of stations and coverage locations as development and growth continues. However, economic conditions over the last few years have resulted in a reduction in both general fund and impact fee fiend revenue. This loss of revenue has affected the District's ability to construct new stations and add personnel where need has been identified. The Insurance Services Office (ISO) rates fire departments based on a complex schedule of measurements that covers a wide range of factors significant to fire protection. The ISO classification provides insurance companies with a standard estimation of conflagration risk for fire insurance rating. One component that the schedule weighs is the distribution of fire companies within the community. This grading schedule suggests that developed areas in a city should have a fire department within 1 1/2 miles travel distance. (Insurance Services BJB /bb 9 -23 -09 FINAL 9 161 1 Office, 200' )), A circular response area with a radius of 1 1/2 miles encompasses about seven square miles, less than the current average service area of existing stations. At seventy square miles, our District should have ten stations. We have identified eleven locations within our District to be considered for station locations as growth dictates and funding allows. The location of fire stations within the District is currently distributed to cover the response areas within the District. However, the need for new stations to respond to areas of new development of single family and multi -homes has been identified. Target areas identified as in need of improvement in response times are located in the following areas: 1. Immokalee Road, West of 1 -75, and along Livingston Road North 2. Collier Blvd. (formerly 951), Broken Back Rd. and Immokalee Road. 3. U.S. 41 and Old IJ.S. 41 area, and additionally; 4. Livingston Road and Vanderbilt Beach Road Extension. Currently, the highest call volume and response rate is estimated to be from Station 4.0, Station 44 and Station 45 respectively. Station 45 has a training tower and a training facility to meet the current training needs of firefighters and citizens. Training rooms will be added to other planned stations to facilitate the ongoing education requirements of the professional firefighter. The General Fund Budget of the North Naples Fire Control and Rescue District for the fiscal year 2009 -2010 contains the financial provisions for a total of 159 employees and elected officials. The classifications are as follows: U Fire Rescue Line Personnel: ........ .............................80 Fire Rescue Line Officer Personnel: ................................ ... 33 • Fire Rescue Special Ops, Logistics, EMS Coordinator ........ 3 • Fire Rescue "Training Officers: .................................... 4 Fire Prevention and Inspection Personnel ......................15 ® Fire Rescue Officers Non - Bargaining Unit Personnel: ......... 7 BJBIbb 9 -23 -09 FINAL 10 161 1 �` ® Administrative Personnel :........................ .............................10 ® Mechanics .............................................. ............................... 2 o Elected Fire Officials: .............................. ............................... 5 Total................... ............................... ............................159 The North Naples Fire Control and Rescue District is an Equal Opportunity Employer (EOE), and the District strives to meet all applicable standards set by the E.E.O.C., as well as the Americans with Disabilities Act. A future five -year goal is identified to expand the Human Resource Division within this District so as to directly address labor relations, benefits and federal and state regulation compliance. However, this expansion is not provided for in the current Plan due to anticipated financial constraints. The current District established minimum apparatus staffing is three firefighters per engine and aerial company. North Naples Fire Control and Rescue District's current minimum staffing reflects twenty - nine field operations personnel on duty twenty -four hours per day. Assuming a rather conservative leave ratio of 20% for vacation, Kelly Days, and personal leave we allow for personnel to be off duty for reasons including but not limited to sick time, family leave, workers compensation, military, disability, jury duty, etc., the District assigns aminimum of thirty -seven response personnel to each of its three shifts and with only seven scheduled off the District meets preferred staffing. Apparatus and ®n -Duty Staffing —Table BJB/bb 9 -23 -09 FINAL 11 Assigned Station 9 Apparatus _ _ ID _ Assigned Staffing Preferred Staffing Safe Staffing 1 40 _ Lngine 40 94 5 _ 4 _ 3 2 40 Ladder 40 9_8 4 4 3 3 42 — - -- Engine 42 - -- _ 109 — 4 - — - -- 4 - 3 4 43 Ladder 43 - -- 934 — -4 - - -- -- 4 - -- 3 5 44 Tower 44 -- 933 4 - — 4 3 6 44 -- Erne 44 -- 92 5 4 3 - 7 44 SRU 44 90 0 0 0 -- - 8 44 Medic 44 - - -- - - - -_ - - - -1 - - -- - - - -- 0 0 -- BJB/bb 9 -23 -09 FINAL 11 161 1 6 9 45 BC -40 1994 1 l 1 10 45 Engine 45 93 5 4 3 11 46 _ _ Engine 46 Ito - _ 4 4 3 12 45 Reserve 2 - -- 97 -- 0 - - - -- 0 - 0 - -- 13 46 Tower 40 Reserve 96_ 0 0_ 0 14 To be Assigned Reserve Engine _ N/A 0 _ _ 0 0 15 45 _ Captain 41 1 1 N/A 16 42 Brush 42 _932_ 80 _ _ 0 0 0 - -- 17 44 Brush 44 - -- 81 0 0 0 18 46 Brush 46 - 79 -- 0 - -_ -- - -� -- 0 19 45 SR-41 - 91 0 _ 0 0 20 45 SRU 45 _ 8C -0 - - 0 0 21 47 Engine 47 115 _ 4 - - -- 3 22 Boat Dock Boat 41 968 _ - -- 0 _ -4 0 0 23 Shop Reserve 1 127 0 0 0 24 45 TRNG 1 - -- -- 88 -- -0 0 0 25 44 U40 'F--- 1411 0 - 0 0 26 _ Shop U 42 _ 53 0 0_ 0 27 j 44 _ BP44 T 2971 0 0 0 28 44 - - - -- BP 44 - - -- 1296 — - 0 - -0 0 29 44 _ U 40 0 30 40 _ Boat 40 _1447_ 56 _ 0- 0 31 40 - BT 40 -- -- 56 -T - -- -- -� 0 -0- — - -- p - 32 45 BT 41 1100 — -� 0 - - -0 0 0 33 44 - Boat 43 55 0 ! 0 0 34 44 Boat 44 1248 ! 0 0 35 43 - B 143 55 -T _0 - -- 0 _ -- p 36 _� 44 -- BT 44 -- 1247 0 - -'- - -0 0 0 7 ( 45 _ - H M 41 63 -_- 0 -- 0 — 0_ 38 39 45 46 11M 42 - - -- _ HUR 41 - -- - 113 7_66 - 0 - - -- -- 0 -- - -- 0 -�- - -0 0 0 40 46 HUR 42 767 G -- - - -- -0 0 41 j Sun Century y HUR 43 1 l 16 0 0 0 42 45 CERT 40 64 0 0 0 43 45 GEN 45 -- 119 0 0 0 44 45 TRT 41 - 62 - 0� - - - -0 - 0 45 45 AIR 45 114 0 0 0 46 47 48 49 50 51 52 53 j 45 45 73 Shop 45 45 42 Totals -- FTA Air TR I' 42 - -- - - PETC BT44A Investi -ation BST2 BSTI WT42 -- - -- - 1133 765 - 54 43631 1991 WTSF WTBE 2977 - -- 0 0 -� 0 0 0- 0_ 0 0 -42 - 0 -- - -0 0 0 0 0 0 l -- 30 0 0 - 0 0 _ 0 0 0 1 28 The North Naples Fire Control and Rescue District operates a fleet of front line apparatus that includes six engines, three aerial apparatus, including two ladder trucks and one tower ladder, one rescue unit and one water tender. All of these were determined to be in good 13JB/bb 9 -23 -09 FINAL 12 161 ""' I f�� working condition by the North Naples Maintenance Shop. The model year of the font line apparatus ranges from 1998 to 2009. Average age of the front line fleet is 7.6 years. In addition to the front line fleet, the District holds one engine, and one telesquirt, as well as one tower in reserve. The telesquirt and tower are categorized in fair condition. The reserve units are used to replace front line units when they are out for repair or service. The reserve vehicles range in years from 1983 to 2004. The District also maintains a fleet of general staff support vehicles listed below: Apparatus and On Duty Staffing: Vehicle: Fixed Asset Use 1. Ford F -250 _ 1117 Safety Officer 2. Ford Ranger 61 _ Beach Patrol I Ford Van 250 - 74 K -9 and Deliveries to Stations 4. Ford Expedition 84 U43 5. Ford F350 86 SRU 45 6. Ford Expedition - -- - - - - -- 103 Shift 7. Ford F550 - - -- 935 _ SRU42 - - - -- 8. Ford F550 1086 Special Otis Support Services: Vehicle: Fixed Asset Use 1. Chevy Van 66 Maintenance 2. Ford Ranger 78 Mechanic Take Home 3. Ford F450 121 Mechanic 4. Ford F150 _ 461 Logistics L- 5. Ford F250 — - 3007 Maintenance Training: Vehicle: Fixed Asset Use 1. Ford F150 65 Reserve 2. Ford Crown Vic 77 Reserve 3. Ford Expedition 101 Reserve 4. Ford Expedition 107 Training Commander 5. Ford Expedition - 932 _ Training Captain - - 13J13 /bb 9 -23 -09 FINAI. 13 161 1 0 Chief Officers /Administration: Vehicle: 1. Ford Expedition 228 Chief 40 2. _ Ford F250 _ 123 Chief 42 3. Ford Expedition 124 Chief 43 4. Ford Expedition _ _ 927 Chief 44 5. Ford Expedition _ 928 Chief 45 6. _ Ford Expedition 929 Chief 46 7. Ford Explorer 2_29 Chief 47 8. Ford Expedition _ 102 Battalion Chief 42 /Facilities 9. Ford Explorer 82 I.T. 10. Ford Explorer 83 Reserve Inspection Bureau: Vehicle: 1. Ford Explorer 117 Fire Marshal 2. Ford Explorer ___ 126 _ Deputy Fire Marshal 3. Ford F150 _931 Deputy Fire Marshal 4. Ford Taurus _ _ 108 _ Inspector 5. Ford Taurus _ 111 — Ins_pec_tor 6. Ford Taurus _____112 Inspector__ 7. Ford Ranger P/U _ 128 Inspector 8. Ford F 150 266 Inspector 9. Ford F150 ____ 344 Inspector 10. Ford F150 930 __ Inds ect:or 11. Ford F 150 1223 Inspector 1.2. Ford F 150 _ 1224 Inspector 13. Ford F150 _ _ -_ - -- 1409 _ - Inspector 14. Ford Taurus_ _ 59 _ _ Reserve_ 15. Ford Taurus 60 Reserve 16. Ford Explorer 227 Inspector Grand 'Total All Vehicles — Line and Support 13B/bb 9 -23 -09 FINAL 14 ....................... ............................... 97 161PI �� Emergency Medical Services The North Naples Fire Control and Rescue District currently responds to Emergency Medical Calls in both the capacity of a Basic Life Support (BLS) and Advanced Life Support (ALS) engine and First response vehicles. A 911 call is received into the Sheriff s Office dispatch center and is appropriately coded based on the information provided by the caller. The call is further triaged through a program called Emergency Medical Dispatching ( "EMD ") to assist in determining the acuity level of the call for service. If the injury is life threatening or if an EMS unit is not within the response area, Fire is dispatched accordingly. Our District currently employs 56 paramedics and as of May 1, 2005 we began operating our engines with Advanced Life Support (ALS) equipment in cooperation with Collier County EMS Department. Transport is provided by Collier County EMS. On occasion, when a patient's condition dictates, additional support is provided to the transporting EMS unit when a District firefighter /paramedic or EMT rides along, to assist in the delivery of patient care. The District's current practice is to hire firefighter /paramedics in order to increase the Districts flexibility in operating and staffing the existing ALS vehicles operating daily. However, with recent economic conditions and the subsequent reduction in funding; the District is reevaluating the current ALS program and considering expanding the utilization of AI,S first response vehicles as a more efficient and cost effective manner of providing Emergency Medical Services. The District shall continue to be proactive in facilitating current employees' educational advancement by attending Paramedic school. The District will continue to evaluate the medical needs of our residents and work with the Office of The Medical Director to expand and. improve the level of ALS services provided. Special Operations The North Naples Fire Control and Rescue District provides various extrication services. The District strives to maintain a high level of training to be prepared to handle emergencies such as those requiring vertical line rope rescues, confined space, trench collapse, swift: water and deep water rescue. The District participates with the U.S. Coast Girard in boat rescue BJB/bb 9 -23 -09 FINAL 15 161 i N and fire fighting operations with the District's four (4) boats. Boat 41 is equipped with a 750 gpm fire pump. The District has thirty -seven (37) State Certified Haz -Mat "Technicians and equipment to respond to Hazardous Materials and Weapons of Mass Destruction. Currently there are thirty -seven (37) firefighters assigned to a shift at NNFCRD. Significant time is spent training on these specialized skills in order to ensure an adequate number of trained individuals are available to handle an incident at any given time. Skill mastery and retention becomes a significant concern when combining these training demands with normal firefighter in- service advanced firefighting courses, hazardous materials training, dive team training, boat operations training, inspector training, and officer development programs. In a district such as North Naples, specialized certifications, training and advanced skill development are essential elements in the provision of service to the residents of the District. Fire Response Assignments The North Naples Fire Control and Rescue District has developed standard assignments for the dispatch of persom-iel and apparatus to various types of calls for service. These assignments vary from as many as seven (7) emergency vehicles to as few as one (1), depending on the type and severity of the emergency. The following table lists the assignments. While we judge them as typical of the industry as far as the number of apparatus, current North Naples Fire District staffing conditions could result in the response of as few as twelve (12) firefighters to structure fires, depending on the type of fire dispatched. This could create safety concerns on initial operations, particularly mid to large sized structures. However, larger sized structures would have six (6) additional personnel responding. It is also important to note that we maintain a minimum staffing of three (3) on all engines and ladder companies. However, according to NFPA 1710 these apparatus should have at least a minimum of four (4) on duty persomnel assigned. NFPA 1710 further states that there should. be five (5) to six (6) firefighters per vehicle when a district has high hazard occupancies. Our District recognizes that we have a significant number of high hazard occupancies. Prior to 2007, the District hired firefighting personnel with the intent of staffing fire engines with four; however, recognizing the financial impact of the decline in BJB /bb 9 -23 -09 FINAL 16 161 1 k� property values, the District proactively ceased hiring firefighting personnel to staff apparatus at the NFPA recommended level. To date we have 15 unfilled operational positions. Emergency Service Performance The North Naples Fire Control and Rescue District responds to a variety of emergencies. There was a mix of emergency responses made by the District for the period of 2008. Incident Totals by Type Bassed on Calendar Year 2008 6,000 Engines Ladders EMS calls: P 5,000 House Fires: All other fires:? `? Commercial Fires:? ' '? High Rise Fires: I-P ' 'Q '1; Emergency Service Performance The North Naples Fire Control and Rescue District responds to a variety of emergencies. There was a mix of emergency responses made by the District for the period of 2008. Incident Totals by Type Bassed on Calendar Year 2008 6,000 5,000 _ 4,000 3,000 2,000- 1,000 0 zs LD � U (� N M en. 2 � U �n C16 O U_ W (1) v cn .2) -� Fire Related calls in 2008 comprised 17% of the total responses-, roughly 53% of the emergencies handled by the District were for emergency medical assistance and 30% were classified rescue and incident mitigation. Because the workload of this fire district fluctuates, it is important to know when calls are occurring, including time of clay, day of week and month of year. Creative deployment BJR /bb 9 -23 -09 HNAL 17 161 1 �` solutions can be developed based on this information. The charts below represent 2008 data. Responses by time of day vary significantly, as is expected. Peak response loads occur between the hours of 8:00 a.m. to 8:00 p.m. Incident Occurrences Based on Time of Day Based on Calendar Year 2008 - 652 616 643 =Pi 5 93 615 638 550 341 223 83 1 5 1 8 208 265 238 BJL3 /bb 9 -23 -09 F[tVAI, 18 Information created by North Naples Fire Control & Rescue District RedAlert Reporting system, NFIRS 5.0 22:00 19:00 9, 16:00 _ cC O 0 13:00 10:00 = 7:00 4:00 1.00 -- - -- - - -- -- -- � 4 0 200 400 600 800 Incidents Per Time of Day - 652 616 643 =Pi 5 93 615 638 550 341 223 83 1 5 1 8 208 265 238 BJL3 /bb 9 -23 -09 F[tVAI, 18 Information created by North Naples Fire Control & Rescue District RedAlert Reporting system, NFIRS 5.0 i® 307 - -- - -- - - -- -- -- � 4 Information created by North Naples Fire Control & Rescue District RedAlert Reporting system, NFIRS 5.0 161 tr1 W There is a fairly significant variation in responses by month. The chart below shows the total runs by month for 2008. While not significant at this point in time, growth will certainly exacerbate the difference in terms of crew workload. Based on Calendar Year 2008 December November October September August July June May April March February January 0 :817 1 : 1,033 ,002 Im 4 200 400 600 800 1,000 1,200 I3.IB /bU 9 -23 -09 FINAL 19 Information created by North Naples Fire Control & Rescue District RedAlert Reporting system, NFIRS Response Times and Goals A goal of a six (6) minute response time to emergency calls for service is an ambitious goal given the widespread geographical nature and traffic congestion of the service area. The North Naples Fire Control and Rescue District structure fire response for the first arriving unit for the calendar year 2008 were analyzed to determine the following: The average create -to- transmit time is 1.21 minutes (call intake) - The average transmit -to- dispatch time: .65 minutes (dispatching the calls) -> The average dispatch -to- arrive tinge: 5.41 minutes Information created by North Naples Fire Control & Rescue District RedAlert Reporting system, NFIRS Response Times and Goals A goal of a six (6) minute response time to emergency calls for service is an ambitious goal given the widespread geographical nature and traffic congestion of the service area. The North Naples Fire Control and Rescue District structure fire response for the first arriving unit for the calendar year 2008 were analyzed to determine the following: The average create -to- transmit time is 1.21 minutes (call intake) - The average transmit -to- dispatch time: .65 minutes (dispatching the calls) -> The average dispatch -to- arrive tinge: 5.41 minutes 16 l �\ > Total from call -to -on scene average: 7.27 minutes for reported structure fire in 2008. Data collected from the Collier County Dispatch Center is shown in hundredths of a minute. This includes both residential and commercial responses. For example, .5 minutes equals 30 seconds. As indicated above, the average number of responses exceeds the six (6) minute goal. Time of day also has some influence on response time performance (rush hour, etc.). Response time perfonnance within each of the "District" fire station coverage areas shows little variation. This suggests that response time improvements will need to focus on improving geographic coverage rather than increasing the number of response units in each given station area. The following section discusses factors that influence response time in more detail and reviews the analysis of issues significantly impacting response time performance for North Naples Fire Control and Rescue District. Response Time Sequence There are eight (8) stages of events that occur from the inception of the emergency being detected until arrival of response crews. The amount of time these stages take directly influences overall accomplishment of a response time objective. "These stages are: 1. Detection - The discovery that an emergency exists. 2. Report - The establishment of contact with the F,mergency Communications Center (FCC) — Calling 911. 3. Call Triage- The activity of the FCC call -taker to establish the nature of the emergency. 4. Call Processing - The identification of which units should be dispatched based on the nature of the emergency. 5. Dispatch - The notification of response units of the type and location of the emergency based on availability. fn the event the primary unit is on call, the next B.IB /bb 9 -23 -09 FINAL 20 161 1 .p� closest unit would be dispatched. 6. Turnout - The time between Dispatch and the first movement of the vehiele(s) towards the location of the emergency. 7. Travel - The time taken to travel from the response unit's location at the time of dispatch to arrival at the location of the emergency. 6. Setup - A variety of tasks accomplished by response crews to prepare for initiation of incident intervention (checking for occupants and hazards, setting up hose lines, establishing water supply, etc.). The two most relevant stages for the purpose of this analysis are turnout and travel. Turnout and travel times for this time period were analyzed to determine the overall effect they had on a six - minute response time objective. Based on this analysis, it is clear that wide - spread geographic coverage contributes to long travel times, thus resulting in response time peri:ormance being outside of the goal of six (6) minutes 90% of the time. Non- Emergency Services Fire Prevention Bureau Fire districts routinely provide a variety of services to the community that do not involve emergency response. These services have a significant: impact on the ability of the fire district to accomplish its primary mission. The mission of the Fire Prevention Bureau is to minimize the risk of life and property loss from fire by controlling and eliminating hazardous conditions before a fire occur. A well planned and executed fire inspection and public education program is an effective way to accomplish this mission. For instance, fire inspection, code enforcement, and public education can be methods of reducing the occurrence of fire by eliminating the precursors to fire and teaching fire safety. It is always better to prevent a fire rather than fight it. Therefore, these are direct steps toward protecting the community from the dangers of fire. Q,[B /bb 9 -23 -09 FINAL 21 161 1 F� It has been shown that aggressive fire inspection and code enforcement programs can reduce fire occurrences by eliminating ignition sources. In addition, proper enforcement of life safety codes can improve the chances of survival for occupants should a fire occur. The Fire Prevention Bureau operates with a staff of fifteen personnel, including the Fire Marshal, two Deputy Fire Marshals, nine Fire Inspectors, one Public Education Officer, and two Administrative Assistants. The Fire Prevention Bureau is located in the North Naples Fire Control and Rescue District Support Services Headquarters building at 6495 Taylor Road. The primary responsibilities assigned to the Fire Prevention Bureau are divided into the four Divisions as listed below: Existing Building Inspections New Construction Inspections Public Education Fire Investigation In 2008, the Fire Prevention Bureau met one of its major long term goals and began utilizing a data based management software program, "One - Step ", to manage their fire inspection program. Despite the initial challenges of data entry training and software problems, the benefits of researching and tracking inspection records electronically are already being realized. One of the special tasks and a major accomplishment of the Existing Building Division in 2007 was the locating by GPS reading, identifying with a standard tag, and the computerized mapping of the Fire District's approximate 6,000 fire hydrants. This achievement advanced the Fire District's ability to manage its water supply system significantly. The requirement to inspect, flow, and lubricate each fire hydrant is accomplished by the Fire Operations Division. The District is currently in the process of finalizing an Interlocal Agreement with Collier County to take ownership and maintain the fire hydrants on County water lines located in front ol'the back flow device. The District will provide initial funding over the BJB /bb 9 -23 -09 FINAL 22 161 "1 fo course of three fiscal years to assist the County in creating the necessary infrastructure to maintain and service these hydrants Existing Building Inspections: The Existing Building Division is currently staffed with one Deputy Fire Marshal and five Fire Inspectors. Based on data provided by the Fire Marshal's monthly and annual reports, there are approximately 8,000' commercial and multi - family residential buildings located within the Fire District. There are several target hazards that pose an increased life safety risk to the occupants and potential high hazard conditions to responding firefighters. They have been identified as follows: 4 major resorts, 64 high rises, 101 mid rises, 26 child care facilities, 11 schools, 18 healthcare facilities, 2 hospitals, 24 golf course maintenance facilities, and 3 industrial parks. The main objective of the Existing Building Division is to conduct fire inspections of existing commercial and multi - family residential buildings to insure compliance with the Florida Fire Prevention Code. In addition, they conduct Certificate of Occupancy fire inspections, follow -up inspections on Notices of Violations issued by the Fire Operations Division, night inspections of assembly occupancies, respond to complaints made by citizens, and ensure the compliance of existing fire protection systems and fire hydrants. The short term goal of the Existing Building Division is to conduct fire inspections on all buildings within the Fire District every three years, and to maintain an efficient systematic Existing Building Fire Inspection Program. Facilities requiring annual state licensing as well as target hazards will have inspections conducted on a more frequent basis. All annual fire safety inspections that were required by law including healthcare, childcare and schools were conducted in both 2007 and 2008. In 2008, the Existing Building Division conducted 2,968* Existing Building Fire Inspections, 348" Existing Building Fire Re- Inspections, and 610* Occupational License Fire inspections for a total of 3,926* Fire Inspections. The 2009 goal of the Existing Building inspection program will be to conduct annual fire BJB /bb 9 -23 -09 FINAL 23 16I 1 fO inspections on 33% of the Fire District's buildings. With the assistance of One -Step data base software system, the Fire District now has the capability to identify buildings by their last annual or occupational license inspection date. Buildings identified as not having an annual or occupational license inspection in the past three years will be given priority and assigned first. As of July 31, 2009, the Existing Building Division has conducted 1,178" Existing Building Fire Inspections and 243* Occupational License Inspections for a total of 1,421" Fire Inspections. In order to have a highly effective Existing Building Inspection Program, it will require the annual inspection of all commercial and multi - family buildings. This is the long tern goal of the Division. Based on the number of buildings presently located within the Fire District, this will require a re- evaluation of the systems used to conduct existing building. inspections and possibly the addition of four more Existing Building hnspectors. New Construction Inspections: The New Construction Division is currently staffed with one Deputy Fire Marshal and four Fire Inspectors. The primary responsibility of the New Construction Division is to review and verify that the design, construction, alteration, modification, and repair of all buildings under construction within the Fire District are compliant with both the Florida Fire Prevention Code and the plans approved by the Collier County Fire Code Official. hi addition, every life safety system (fire alarm, fire sprinkler, fire pump, emergency generator, private underground fire main, private hydrant, kitchen rue suppression system, and kitchen ventilation system) receives a separate Collier County permit and must be inspected and verified to be fire compliant. Multiple inspections are necessary during the various stages of construction of both the building permits and life safety system permits in order to insure the provisions of the code are met. hn the year 2008, the New Construction Division conducted 6,152'` New Construction Inspections and 1,410* Certificate of Occupancy Fire Inspections for a total of 7,562* BJBibb 9 -23 -09 FINAL 24 16 1 1�\ Inspections. As of July 31, 2009, the New Construction Division conducted 1,485* New Construction Inspections and 306'' Certificate of Occupancy Fire Inspections for a total of 1,791* Inspections. Inspections are scheduled by the building contractor when the structure is ready for an inspection. The inspection is scheduled within a 24 to 48 hour time frame. The New Construction Division consistently meets this scheduling goal. * Data provided by the Fire Marshal's monthly and annual reports Public Education: The overall objective of the Public Education Division is to encourage the members of our community to practice fire safety and to protect themselves and their families from the dangers of fires. The Public Education Officer, with additional support from the firefighters from the Fire Operations Division and fire inspectors from the Fire Prevention Bureau, provided safety awareness classes to public and private schools, child daycare centers, youth summer camps, businesses, nursing homes, assisted living facilities, and other special groups within our community. During 2009, the Public Education Officer also certified several hundred residents and employees of businesses located within the District in the use of fire extinguishers utilizing a fire extinguisher training device purchased by the District in 2008. It is anticipated the many more District residents will attend and obtain certification in the use of fire extinguishers in the coming fiscal year. The North Naples Fire Prevention Bureau is dedicated to an aggressive outreach program to its citizens that will require the participation and support of the Fire Prevention Bureau, the Fire Operations Division, and the Public Education Officer. Campaigns are constantly being developed to encourage and educate target audiences to practice fire safety or establish their own fire safety education programs. BJB /bb 9 -23 -09 FINAL 25 161 1 W Within the next two years, it is a goal of the Fire Prevention Bureau to develop several more "model" public education programs, including the following: �- Healthcare provider fire safety training program A Childcare provider fire safety training In 2006, the Existing Building Division developed a unique inspection and public education method for childcare facilities. This team based "Pit Crew" system not only added several advantages to the inspection, but provided a unique opportunity to provide public education simultaneously. In 2007, the New Construction Division developed and presented its first contractor inspection training class. By providing this type of education to the construction industry, the Prevention Bureau hopes to reduce needless and costly construction errors. In 2007 and 2008, the Fire Marshal participated in three construction trade committees, to analyze current policies and procedures concerning fire sprinkler, fire alarm, and fire suppression systems. The results of these committee's work were positive and several countywide polices were modified. The long term desire is to encourage participation and cooperation between construction and enforcement agencies for developing sound consistent countywide policies and procedures. In 2008, the Existing Building Division developed the first customized fire warden program. This program involved several volunteer building appointees that would be responsible for insuring the safety of co- workers in their buildings in the event of a fire. This program encourages and educates citizens to take immediate action during an emergency, prior to the arrival of emergency services. In 2008, the Fire Prevention Bureau helped develop a county wide Juvenile Fire Setter program. The program is currently a team effort, among several of the county's Fire Districts working interdependently with representatives from mental health agencies, the health care BJB /bb 9 -23 -09 FINAL_ 26 161 1 j�1 community, local schools, local law enforcement, and social services. The goal of the program is to reduce the number of repeat fire setting by children. Currently, the Fire Prevention Bureau has one certified NFPA Juvenile Fire setter Intervention Specialist (JFIS) 11, but has a goal to have four within the next 2 years. The Fire Prevention Bureau not only supports the NFPA Juvenile Fire setter program but is dedicated to improving it. An additional principle - centered training segment was added to the North Naples HIS program to encourage the troubled teens to take responsibility for their choices, define their long and short term goals, and prioritize their time to accomplish them. In 2009, as a result of a change to NFPA 101 Life Safety Code, Chapter 12.7.6.1 and 13.7.6.1, the Fire Prevention Bureau developed and instituted a crowd management course for community businesses now required to provide an employee with such a designation. The change to the above referenced safety code decreased the number of people determining "an assembly" from 1,000 to 50, and instituted the requirement of a trained crowd manager for businesses housing such identified assemblies. This program has been highly successful among the businesses within the Di strict, and has provided valuable training and certification to over four hundred employees of these entities regarding crowd management practices within the District. It is anticipated this number will continue to increase. It should be noted that this certification is effective for three years, at which time recertification will be required. Fire Investigation: hi the past five years, the Fire Prevention Bureau increased its number of State Certified Fire Investigators from three personnel to eight. By 2009, the goal is to increase the number of Florida State Certified Fire Investigators from eight to eleven. Another goal that was set in 2005 was to purchase and fully equip a fire investigation trailer. In 2007, the Fire Prevention Bureau met another major accomplishment when they were able to purchase a new trailer, fully funded by community donations and grants. This unique Fire Investigation Mobile Unit is used for conducting both fire investigations and life safety public education. This unit was equipped and fully operational in December, 2008. RIB /bb 9 -23 -09 FINAL 27 161 1F� The Engine Company Officer or Shift Commander is responsible for the investigation, and determination of the cause and origin, of all fires within the Fire District. When it is determined that a more in depth fire investigation is required, or the circumstances of the fire meet certain criteria, a Fire Investigator from the Fire Prevention Bureau responds and conducts an official investigation. In 2008, the Fire Investigation Division conducted sixteen (16) official investigations either independently or supported of the State Fire Marshal's Office. As of July 31 , 2009, a total of ten (10) official investigations have already been conducted. The Fire Investigators continue to expand their knowledge and make improvements in their report writing, scene documentation, witness interviewing, and forensic investigation techniques, and continue in their efforts to meet the goal of establishing the District's fire investigation program as a "model" for other Fire Districts. Other Programs: 1. The Public Information Officer (PIO) responds to major emergencies to provide on- scene public information to all areas of the news media, as well as videotaping and recording many major emergencies within the District for training and historical purposes. 2. The District's Office Manager is also the Custodian of Public Records for the District as citizens may request information regarding the District from time to time. The role of the Custodian of Public Records is important since public access to District documents provides accountability to the taxpayers ofthe District and ensures honest govermnent practices, as well as compliance with Florida Statute as to the provision of District records to the public. 3. The older population of North Naples is definitely a concern to the North Naples Fire Control and Rescue District, and the District has responded by creating the Serving Our Seniors (SOS) Program. This program utilizes volunteers to deliver groceries to those residents of the District that are unable to shop for themselves, providing a BIB /bb 9 -23 -09 FINAL 28 much- needed service to these residents 16f Additionally, the weekly delivery by volunteers provides the opportunity to check on the well being of these residents. 4. Another program offered by this District is the sponsorship of Boy Scout Troop 2001, which is comprised of forty -three (43) Boy Scouts who proudly display high moral character and leadership skills. 5. Lastly there is the Community Emergency Response Team (C.E.R.T.), which is comprised of over six hundred (600) residents of North Naples that are trained to assist with disaster situations and recovery efforts within their communities. The individuals who participate in the Community Emergency Response Team program complete an eight (8) week training program. Support Staff In order to successfully function, the District requires support staff to provide the tools necessary for the effective delivery of service. As with any other large organization, adequate supervision and administration is necessary to handle human resource issues, budgets, purchasing and supplies. Proper maintenance and repair of the stations and fleet keeps the infrastructure and rolling assets maintained and in service. Likewise, without adequate and up to date training of personnel, the quality of services delivered deteriorates. Finally, the ability to communicate incident responses and emergency assigmnents is a critical component of the successful provision of service. The North Naples Fire Control and Rescue District employs approximately twenty -one (2 1) administrative management and support positions. In simplest terms, the primary job of the Fire Chief and other administrative management and support staff is to make sure that firefighters have the ability and means to do their job on the emergency scene, manage fire district facilities and resources, and assure the organization operates within budget. Efficient administration and support is critical to the success of all internal and external customers within this fire district. With sufficient oversight, planning, documentation, training and B.113/bb 9 -23 -09 FINAL 29 1 �, 16I 1 �1 maintenance, the operational sections of the department will pass any emergency test. Therefore, as with other parts of the District, administration requires resources to f inction properly. The addition of administrative support staff to any fire protection system should not cause a reduction of the emergency capacity of the fire district. Policy makers usually look for a balance in funding the administrative support and operational functions of the fire district. The administrative and support resources of each district should be just as adequate to ensure the high efficiency of emergency operations without detracting from the emergency mission. Administrative management personnel of North Naples Fire Control and Rescue District consist of one (1) Fire Chief, two (2) Assistant Chiefs, and four (4) Deputy Chief positions. The organizational design features a three - branch, top -down scheme, with the Fire Chief responsible for the direct oversight of these three branches of the District (see Attachment Q. These branches include Administrative Services /Financial, Emergency Operations, and Support Services. As of October 1, 2009, there are one hundred fifty -four (154) full -time budgeted positions, and five (5) elected officials in the District. These consist of one (1) Chief of the District, two (2) Assistant Chiefs, four (4) Deputy Fire Chiefs, one (1) Accounts Payable /Receivable Accountant, one (1) Human Resource Generalist, one (1) Office Manager, four (4) Administrative Assistants, one (1) Computer Network Administrator, one (1) Public Information Officer (PIO), one (1) Public Education Specialist (PES) /Fire Inspector, one (1) Logistic Officer, one (1) maintenance worker, one (1) fleet mechanic, one (1) fleet technician, one (1) custodian and one hundred thirty -six (132) firefighting and fire prevention personnel. We commonly look at the ratio of administrative support compared to the total positions of the fire district to gain a sense of the relative amount of resources that are committed to this important function. As stated earlier, the suitable balance of the two components (administrative and emergency personnel) is crucial to the success of the emergency mission of the District. A number of emergency workers sufficient to be realistically able to fight BJB /bb 9 -23 -09 FINAL 30 161 1 p fire, effect rescue, and provide other emergency services at the expected level is fundamental to the delivery of fire protection. Increased statutory regulation, however, makes it even more crucial that proper documentation and oversight occurs. Of the one hundred fifty - our personnel in the District, 13% of those persons function at the administrative support level. The proper ratio of administrative support and emergency positions is based on local needs and comparisons to similar local agencies. Support positions may be increased as funding allows keeping up with the growth of the District. Organizations with administrative to operational job ratios as low as 5 percent run the risk of insufficient support of operational membership and /or difficulty in meeting the many quasi - legal requirements of modern fire protection. Fire Departments that were found to be similar in nature to North Naples Fire Control and Rescue District usually have 10 to 15 percent of administrative support jobs within the system. In the next five (5) years, the North Naples Fire District should add the following five (5) new administrative and support positions: 1. One Accounting Assistant 2. One Computer Technician 3. One Data Entry Clerks 4. One Human Resource Director 5. One Controller These five (5) new positions would be an asset in the District and add to the overall accountability to the taxpayers of this District. However, due to the continued anticipated reduction in the District's property value and the accompanying decline in revenue, no administrative or support positions have been provided for in the Plan. Support Services Personnel at North Naples Fire Control and Rescue District will perform routine maintenance and repair of fire stations. More significant repairs are contracted out. North Naples Fire Control and Rescue District has hired a maintenance worker to maintain and repair the facilities within the District. Also, a custodian is employed for the cleaning of Administration Headquarters, Support Services Headquarters and the Training Centers. The BJB/bb 9 -23 -09 FINAL 31 16 I 1 P�' Administration of Contract Services falls under the responsibility of Support Services, as does the Logistic Officer who handles the ordering of supplies and equipment, and maintains the fixed asset inventory. The Battalion Chief of Facilities works with tradesmen and vendors. These personnel add to the overall accountability of the District in day -to -day operations. Most repair work on apparatus will be conducted by the North Naples Maintenance Shop by certified Emergency Vehicle Technicians. Occasional major work such as replacement of transmissions, engines and overhauls are subcontracted out to specialty firms. Repair and maintenance activities are logged and tracked using computer software. The North Naples Maintenance Shop now employs one full time fleet mechanic and one full time fleet technician to meet the demands of maintaining District apparatus and vehicles. While the need for a third fleet technician exists during the course of the next five years, financial constraints prohibit the addition of this position. Trrainin� North Naples Fire Control and Rescue District has a four story training tower and live burn facility to train firefighters of this District, and other fire departments within the South Florida Area. The Training facility also hosts the North Naples Fire Training Academy which is recognized as a State Training Facility. Firefighter training at North Naples Fire Control and Rescue District is the responsibility of the Training Division. These individuals coordinate the delivery of training to all current members, as well as new recruits to the District. The 'Training Division hlstructors educate firefighters in the most current and up -to -date procedures, tactics, and teclulical information in the fire service. In addition, the Training Officers act as District safety officers on the scene of emergencies. A significant amount of time and resources are allocated to training within the District which incorporates various programs, including special operations, hazardous materials and other advanced skills. Currently, the Training Division also assists in other support and logistics functions as deemed appropriate by the District. If the District can reduce these support and B.IB /bb 9 -23 -09 FINAL 32 161 1 �`\ logistics functions, the officers within this division can free up their time to educate and train firefighters. Training time is dedicated to basic skills retention, including practice of physical evolutions, multi - company drills and mutual aid coordinated training drills. Fire Officer Curriculum career advancement programs are available and delivered for fixture officers through the State College System. Additional five (5) year goals for the training department include recertifying and maintaining all EMTs and paramedics, and certifying all firefighters in wildland fire protection. Safety within the District The District has not yet conducted a fill National Fire Protection Association (NFPA) 1500 prograrn compliance audit and has not established a compliance plan in accordance with the recommended methods listed in that document. At present the new procedures and techniques are evaluated, and decisions are made with compliance in mind. The District's goal is to work towards NFPA 1500 implementation. In 2006 the District adopted FFOSHA standards. Emergency Dispatch A branch of the Collier County Sheriff's Office (CCSO) handles radio communications and emergency dispatch. The District operates on a truncated radio system capable of handling verbal and data signaling transmission. The primary repeater site for the North Naples Fire Control and Rescue District is on Trade Center Way. This repeater is supplemented by additional sites on County Barn Road, WAV V Tower and EMS Station 10 on Marco Island, intended to improve handheld communications. The Collier County Emergency Control Dispatch System (CCECDS) is capable of handling communications for all fire departments within Collier County at this tire, but as the county population increases and the corresponding call load increases, attention will be needed for expansion of this service. This system is currently operating primarily on analog transmissions, but is being switched to a capability for combined analog and digital transmission trunking. Computer Aided BJB/bb 9 -23 -09 FINAL 33 161 1 A� Dispatching (CAD) is provided by the County, which is very stable and reliable for the communications efforts of the District. Information and data are currently shared between the CAD and the District's information management systems. This step has enabled the District to add computers to the vehicles for more effective communications. The communication center maintains a staff of one (1) supervisor and ten to fifteen (10 -15) operators on duty with one operator dedicated to Control North. Certified Emergency Medical Dispatch personnel are employed on all shifts and caller medical aid is provided when appropriate. Improvement in the dispatch center staffing levels will be needed in the next five years as Control North and Collier Control are sometimes merged into one frequency to circumvent shortage of staff levels in the Dispatch Center. Quality assurance meetings with dispatching staff are conducted quarterly. Special District Public Facilities Report 2009 (Florida General Statute 189.415) In compliance with General Statute 189.415, the following Public Facilities Report is published for the North Naples Fire Control and Rescue District for the Year 2009. Below is a brief description of the next proposed facility (Station 48) of North Naples Fire Control and Rescue District. For the existing facilities please see the detailed Facility Record in Attachment E. Station 48 : The construction of Station 48 on the Livingston Road property was approved at the July 15, 2008 Board of Fire Commission Meeting. However, due to a significant reduction in the receipt of impact fees, the primary funding source for this project, Board direction was revised in 2009 to complete the permitting phase and proceed slowly with site preparation. The capacity of this building is thirty -eight parking spaces plus two handicap spaces, housing facilities for fourteen crew members, one physical fitness facility , three bays and a meeting room. The anticipated financial requirement ]or the design and construction of this facility is 13J13/bb 9 -23 -09 FINAL 34 161 1 approximately $3,500,000. Initially, the funding source was planned to be impact fees. As stated above, due to the decrease in new development in the District, this source of revenue has significantly declined. To address this issue, an application for a federal grant for the construction of fire stations was submitted in July 2009. The notification of acceptance or declination of this application is anticipated to be received by December of 2009. Until such notification, no further site preparation can be undertaken. Regardless of the funding source, the site preparation and construction of the facility will span three fiscal years, with an anticipating opening date in 2012, or year three of this Plan. Human Resources Management In most municipal fire departments, certain support functions, such as budget or bookkeeping staff are shared with the City itself. The North Naples Fire Control and Rescue District is an independent special taxing district, which means that this organization can share only a few resources with other area municipalities. While most fire departments benefit from the use of a municipal human resource manager, North Naples Fire Control and Rescue District conducts these activities within the organization. As staff numbers grow, so will the complexity of issues regarding compliance with state and federal regulations, health insurance, pensions, benefits packages, promotional packages, promotional processes, grievances and other employee related concerns. Often, the skills necessary to successfully manage these responsibilities require specific and advanced levels of training beyond mere orientation. Advanced human resource management as well as risk management will be necessary to successfully manage the responsibilities of a larger work force in the near future. The position of Human Resource Director has been identified as being needed in 2010 but has not been provided for in the five -year plan because of lack of financial resources. The position of Risk Management Director has not been addressed in this Five Year Plan, but should be given some consideration in the future BJB /bb 9 -23 -09 FINAL 35 161 1 0 Information Management and Technology In light of the budgetary constraints facing the District over the next five years, the Information Management and Technology live year plan is focused on maintaining current technology and hardware systems. File servers are purchased with three year warranties that can be extended. The intent is to extend server warranties, with replacement after 5 years of service. Beyond five years of service, the probability of catastrophic failure and /or significant down time increases significantly. Additionally, over five years, processor speed and drive access speeds increase making replacement a necessity. Typically, server warranty extensions for a two year period are approximately $750.00 each. Anticipate replacement of two servers in the 2010 -2011 budget year ($10,000.00) and one server in the 2011 -2012 budget year ($5,000.00) is provided in the General Fund expenditures. The 2013 -2014 budget year would see three server replacements ($15,000.00). The only software upgrade anticipated would be a Microsoft Office upgrade. The District currently uses Office XP, which is a 2002 product. While serviceable, this software does need to be upgraded within the next two years. The current cost to upgrade is $18,000.00. At this time, no financial provision has been made for this software replacement. The District currently replaces desktop workstations at a rate of 15 per year. This should continue as it provides for obsolete computers to be replaced. Additionally, in the 2010 -2011 budget year, computers in the trucks should be replaced. Replacing 10 per year will make the oldest computer 7 years old at the time of replacement. The cost for 10 replacements would be $40,000.00 per year. Again, while this need is recognized, financial constraints prohibit the provision for these capital purchases. It should also be noted that no funding is available to provide for an additional full -time position of a data analyst. While it is recognized that this position should be filled within the next two fiscal years, no provision has been made because funding is not available. BJB /bb 9 -23 -09 FINAL. 36 161 OPERATIONAL PLAN SUMMARY Year t Budget Year 2009 -2010 A. Ad Valorem; No New Employees From Designated Reserves: No Purchases - Reallocation Only B. 2009 District Overview Overall Status 7 Stations 6 Engines Staffing 3 = 18 3 Ladder Staffing 3 == 9 1 Medic (44) Staffing 1 == 1 1 Battalion Chief 1 _= 1 Staffing 29 1 Shift Training /Safety Officer 1 30 37 Per Shift 29 Per Shift Staffing 1 Shift "Training /Safety Officer 7 off Per Shift, Kelly, Vacation, Personal, etc. 0 Reserve Personnel C. Impact Fee: Expenditures: Station 1/48 (Livingston) $400,000 Total Impact Fee Purch. 5400,000 D. Placed in Financial Reserves: $ -0- E. Designated & Undesignated Reserves (Cumulative) October 1, 2009 $13,936,974 Additions 2009 -2010 $ -0- Reallocation of Existing Designated Reserves $ 552,000 Reallocation of 9 -30 -09 Undesignated Reserve ($ 606,930) Expenditures from Designated Reserves 2009 -2010 ($ -0- ) Use of Reserves to Fund Operations 2009 - 2010 t$-1,938,640) Balance - Designated Reserves September 30, 2010 S 11,943,404 Undesignated Reserves September 30, 2010 $ -0 -- TOTAL Reserves (Designated & Undesignated) at September 30, 2009 S 11,943,404 BJB /bb 9 -23 -09 FINAL 37 1 �� Year 2 Budget Year 2010 -2011 A. Ad Valorem: No New Employees From Designated Reserves: Personal Protective Equipment $ 20,000 Vehicle Replacements $ 30,000 S 50,000 B. 2010 District Overview Overall Status 7 Stations 5 Engines Staffing 3 = 15 3 Ladder Staffing 3 = 9 2 Squads Staffing 2 = 4 1 Battalion Chief 1 = 1 Staffing 29 1 Shift Training /Safety Officer 1 30 37 Per Shift 29 Per Shift Staffing 1 Shift Training /Safety Officer 7 off Per Shift, Kelly, Vacation, Personal, etc. 0 Reserve Personnel C. Impact Fee: Expenditures: Station #48 (Livingston) $ 400,000 Total Impact Fee Purch. S400,000 D. Placed in Financial Reserves: $ -0- 161 1 P' F. Designated & Undesignated Reserves (Cumulative) October 1, 2010 $11,943,404 Additions 2010 -2011 $ -0- Use of Reserves to Fund Operations 2010 -2011 ($ 2,712,546) Expenditures trom Designated Reserves 2010 -2011 ($ 50,000 Balance — Designated Reserves September 30, 2011 $ 9,180,858 Undesignated Reserves September 30, 2011 $ -0- TOTAL Reserves (Designated & Undesignated) at September 30, 2011 ,S 9,180,858 BJB /bb 9 -23 -09 FINAL 38 Year 3 Budget Year 2011 - 2012 A. Ad Valorein: No New Employees From Designated Deserves Replacement Vehicles Personal Protective Gear B. 2011 District Overview Overall Status 8 Stations 5 Engines Staffing 3 _ 15 3 Ladder Staffing 3 -= 9 2 Squads Staffing 2 4 1 Battalion Chief 1 == 1 Staffing 29 1 Shift 'Training /Safety Officer 1 30 37 Per Shift 29 Per Shift Staffing 1 Shift Training /Safety Officer 7 off Per Shift, Kelly, Vacation, Personal, etc. 0 Reserve Personnel 161 1 10 Open Station 448 $ 30,000 $ _ 20,000 $ 50,000 C. Impact Fee: Expenditures: Station #48 (Livingston) $ 100,000 Engine (St.48- Lease) $ 75,000 Total Impact Fee Purch. $ 175,000 D. Placed in Financial Reserves: $ -0- G. Designated & Undesignated. Reserves (Cumulative) October 1, 2011 Additions 2011 -2012 Use of Reserves to Fund Operations 2011 -2012 Expenditures from Designated Reserves 2010 -2011 Balance — Designated Deserves September 30, 2012 Undesignated Reserves September 30, 2012 TOTAL. Reserves (Designated & Undesignated) at September 30, 2012 BJB/bb 9 -23 -09 FINAL 39 9,180,858 $ -0- ($ 2,706,893) ($ 50,000) 6,423,965 $ -0- S 6,423,965 Year 4 a B C FE Budget Year 2012 - 2013 Ad Valorem: No New Employees From Designated Reserves Replacement Engine (Lease) $ 75,000 Replacement Vehicles $ 30,000 Personal Protective Gear $ 20,000 $125,000 2012 District Overview 8 Stations 5 Engines 3 Ladder 2 Squads 1 Battalion Chief Staffing Overall Status Staffing 3 = 15 Staffing 3- Year 5 Budget Year 2013 -2014 A. Ad Valorem: Three (3) New Battalion Chiefs (I Per Shift) From Designated Reserves Replacement Vehicles Replacement Engine (Lease) Personal. Protective Gear B. 2013 District Overview 1 Shift Training /Safety Officer 1 = 1 31 38 Per Shift 30 Per Shift Staffing 1 Shift Training /Safety Officer 7 off Per Shift, Kelly, Vacation, Personal, etc. 0 Reserve Personnel $ 75,000 $ 75,000 $ 20,000 $ 170,000 C. Impact Fee: Expenditures: Station #48 (Nursery Ln) $ 100,000 Engine 48 (Lease) $ 75,000 Vehicle (New BC) 40,000 Total Impact Fee Purch. $ 215,000 D. Placed in Financial Reserves: $ -0- I. Designated & Undesignated Reserves (Cumulative) October 1, 2013 Additions 2013 -2014 Use of Reserves to Fund Operations 2013 -2014 Expenditures from Designated Reserves 2013 -2014 Balance — Designated Reserves September 30, 2014 Undesignated Reserves September 30, 2014 TOTAL, Reserves (Designated & Undesignated) at September 30, 2014 B.M/bb 9 -23 -09 FINAL 41 161 1 h\ $ 3,503,920 $ -0- ($ 3,205,529) ($ _ 170,000) $ 128,391 S -0- 128,391 Overall Status 8 Stations 5 Engines Staffing 3 == 15 3 Ladder Staffing 3 — 9 2 Squads Staffing 2= 4 2 Battalion Chiefs 2 = 2 Staffing 30 1 Shift Training /Safety Officer 1 = 1 31 38 Per Shift 30 Per Shift Staffing 1 Shift Training /Safety Officer 7 off Per Shift, Kelly, Vacation, Personal, etc. 0 Reserve Personnel $ 75,000 $ 75,000 $ 20,000 $ 170,000 C. Impact Fee: Expenditures: Station #48 (Nursery Ln) $ 100,000 Engine 48 (Lease) $ 75,000 Vehicle (New BC) 40,000 Total Impact Fee Purch. $ 215,000 D. Placed in Financial Reserves: $ -0- I. Designated & Undesignated Reserves (Cumulative) October 1, 2013 Additions 2013 -2014 Use of Reserves to Fund Operations 2013 -2014 Expenditures from Designated Reserves 2013 -2014 Balance — Designated Reserves September 30, 2014 Undesignated Reserves September 30, 2014 TOTAL, Reserves (Designated & Undesignated) at September 30, 2014 B.M/bb 9 -23 -09 FINAL 41 161 1 h\ $ 3,503,920 $ -0- ($ 3,205,529) ($ _ 170,000) $ 128,391 S -0- 128,391 161 1�' Goals in the Next Five Years While financial goals have been identified below, limited availability of funds dramatically impact the ability to meet these goals. However, they have been stated as identified even though the financial ability is lacking. During Year 1 (FY 2009 -2010) the District should replace identified staff vehicles and Engine 45 from the general fund reserves. However, adequate financial provisions do not exist. During Year 2 (FY 2010 -2011) the District should replace identified staff vehicles and Engine 40 from the general fund reserves. No financial provision is identified due to lack of adequate funding, other than the purchase of one vehicle from designated reserves During Year 3 (FY 2011 -2012) the District should replace identified staff vehicles and Ladder 40 from the general fund reserves. However, funding is only available for one vehicle replacement. During Year 4 (FY 2012 -2013) the District should replace identified staff vehicles from the general fund reserves. Only provision for one replacement vehicle is identified due to financial constraints. During Year 5 (FY 2013 -2014) the District should replace identified staff vehicles from the general fund reserves. Only provision for one replacement vehicle is identified due to financial constraints. Provision is also included to add three new Battalion Chief positions. A schedule for station maintenance has been developed by staff. Adhering to this schedule will keep the buildings in good condition. General funds are presently being utilized to accomplish minimum maintenance as needed. Provisions to address scheduled building maintenance as funding is available are identified in this proposed five -year plan. Firefighting and rescue equipment carried on apparatus should also be replaced as warranted. BlB /bb 9 -23 -09 FINAL 42 161 1 h\ General fiords are presently being utilized for these items. Provisions to address scheduled replacement are in this proposed five -year plan as funding allows. Personal Protective Equipment (PPE) is set up on a replacement schedule and the funding is also established in the general fund reserves of this plan. The following Capital Improvement Program supports the goals of the Five Year Plan within the existing and anticipated financial constraints. Capital Improvements Program The North Naples Fire Control and Rescue District Capital Improvements Program (CIP) is a comprehensive listing of assets owned by the District coupled with the condition. and future plans for those assets. The Capital Improvements Program budgetary process encompasses the integration of revenues and expenditures, along with program policy issues included in the District's tong range planning process. The program's goals and objectives are as follows: Increase efficiency of the District's operations by maintaining assets in acceptable condition. 2. Recommend an annual level of combined expenditures for capital, major maintenance and equipment replacement. Identify assets no longer useful to the District and assess the salvage /recoverable value of said assets, if any. 4. Reduce utility and maintenance costs by identifying improvements that will result in annual cost savings. 5. Suggest a long term plan for each asset. 6. Identify a plan for proposed maintenance and replacement of existing assets and acquisition of new assets which is based on a reasonable expectation of what the District can afford. 7. Perform annual physical inventory of District's fixed assets to ensure sufficient asset tracking, update the asset inventory and re- assess long -term plans for replacement of current assets and acquisition of new assets. BJI3 /bb 9 -23 -09 FINAL, 43 161 1 p\ Program Summary The anticipated reduction in both General Fund and Impact Fee fund revenue has a significant impact on the funding of the Capital Improvement Program. As a result of the decrease in anticipated available funds for the purchase of capital items, the funding provisions for the Capital Improvements Program for fiscal years 2009 -2014 have been drastically reduced to provide for only absolutely essential items, and are summarized below (Ad Valorem and Impact): 1. Capital Vehicle /Apparatus .. ............................... $535,000 2. Capital Equipment .............. ............................... $210,000 3. Personal Protective Equipment ........................ $80,000 4. Public Buildings /Land Use .......... ................... $111001000 Total Capital .......................................... ............................... $1,925,000 Elements of the Program The Capital Improvements Program integrates the Public Buildings /Land Use Program, Capital Equipment Program (CEP), Capital Vehicle Program (CVP), major maintenance projects, and new personnel expenditures that may accompany said projects. Associated with the latter categories will be the revenue streams required to fund the aforementioned projects into an overall financial management plan. Pursuant to Section 191.013, Florida Statutes, the District is required to submit a plan that identifies the facilities, equipment, personnel, and revenue needed within the next five -year period. This plan should be submitted to Collier County pursuant to section 189.415, Florida Statutes. Section 189.415(2), Florida Statutes, states the District "...is required to submit a plan every five years, at least twelve months prior to Collier County's evaluation and appraisal report submission date. In addition to submitting a plan every five (5) years, the District is required to send an annual update stating any changes that were made to the five -year plan" (Lewis, Longman, & Walker, P.A., Memo: Nov. 20, 2002). The plan should address the following areas: Existing public facilities including capacity and current demands. BJB /bb 9 -23 -09 FINAL 44 ➢ Description of facilities being built, improved or expanded over the next five (5) years, including financing and completion dates. Description of facilities proposed to be built, improved or expanded within the next five (5) years, including financing and completion dates. Program Calendar for Each Upcoming Year April -June District prepares and revises five -year plan July Program integrated into annual budget preparations August or Program presented to Commissioners September Program revised and adopted and incorporated in the budget in accordance with public hearing review Definitions The terms delineated below are used to distinguish types of assets: Capital Improvement- new construction, acquisition of assets and one -time projects which have a value greater than $50,000 and an expected life longer than one year, and are not vehicles or equipment. Equipment- assets used in an operation or activity with a cost greater than $1,000, an expected life longer than one (1) year, and are not vehicles, including, but not limited to, equipment for stations, apparatus, and administrative headquarters. Vehicles- assets generally described as vehicles and emergency apparatus that have an expected life greater than one (1) year and cost more than $1,000. On -Roina Maintenance- regular maintenance performed on at least an annual basis that should be included in departmental operating budgets. Limits of the Program The Program includes projected asset replacement, acquisition, and maintenance expenses related to the District assets for the period FY 2009 -2014. The program addresses projected asset needs while still operating within projected financial constraints. The District staff makes every effort to develop reasonable, educated estimates of the priority asset expenditure needs. I3.IB /bb 9 -23 -09 FINAL 45 161 1 bet The aforementioned projects are important to the District and need to proceed. In the event of a deterioration of the economy, the District must be prepared to re- adjust the scheduling of projects within the five -year plan in recognition of changing financial realities. PROPERTY OWNED AND LAND ACQUISTIONS FACILITIES The District currently owns eight (17) separate facilities and one (1) boat slip. The locations are as follows: 1. Station #40. 1441 Pine Ridge Road, which is a three (3) bay station that houses one (1) engine, 1 ladder, fire suppression personnel, one (1) boat and leases 1 bay to Collier EMS ambulance and personnel. 2. Station #42. 7010 Immokalee Road, which is currently a three bay station that houses 1 engine, one (1) brush truck and fire suppression personnel. Collier EMS ambulance and personnel use one (1) bay. 3. Station 443. 16325 Vanderbilt Drive, which is a three (3) bay station that houses one (1) reserve engine, (1) ladder, one (1) boat, one (1) utility truck and fire suppression personnel. One (1) bay is leased to Collier EMS ambulance and personnel. 4. The District owns .8 acres on 9U' street in Bonita Shores. This vacant lot is adjacent to Station 43. This property is held for future use. Station 444. 8970 Hammock Oak Dr, which is a four (4) bay station that houses one (1) engine, one (1) ladder, one (1) SRU, one (1) brush truck, one (1) Beach Patrol, one (1) boat, one (1) utility truck and fire suppression personnel. 6. Station 945. 1885 Veterans Park Drive, which is a three (3) bay station with training room and training tower that houses one (1) engine, one (1) reserve engine, one (1) Battalion Chief, four (4) SRU vehicles, four (4) SRU trailers, one (1) training engine, special team equipment, fire suppression, training, and administrative personnel. 7. Station 446. 3410 Pine Ridge Road, which is a two (2) bay station that houses one (1) engine, one (1) reserve ladder, one (1) brush truck, fire suppression personnel, two (2) hurricane trailers and leases one (1) bay to Collier EMS ambulance and personnel. 8. Station #47. Jointly owned by NNFD, East Naples Fire District and Collier County EMS, this facitlity is a three (3) bay station that houses one (1) engine for NNFD, one (1) engine for ENFD and one (1) medic unit. 9. Station 448. The District owns a 3.28 site on Livingston Road, north of Immokalee Road. This property is in the final stages of permitting. Station design has been completed and approved by the Board. Submission of a federal grant application was BJB /bb 9 -23-09 FINAL 46 161 T"' made in July of 2009, the outcome of which his anticipated in December of 2009. Until such decision regarding the receipt of grant funds is received, site clearing cannot proceed. 10. Station 49. The District owns 26.35 acres on Nursery lane. This is a potential future station site; however, due to the significant decrease in impact fee revenue, the project has been put on hold until funding sources can be identified. 11. Station 410. The District owns 3.66 acres on Oakes Boulevard. This is a potential future station site; however, due to the significant decrease in impact fee revenue, the project has been put on hold until funding sources can be identified. 12. Station 411. The District owns 1.6 acres on Sun Century Road.. This is a potential future station or storage site however this project is on hold due to tax reform. 13. The District has completed the renovations of the commercial building on Taylor Road, which is the location of the District's Support Services, housing the vehicle and apparatus maintenance facility, Fire Prevention, logistics, and ware house facilities with 18 staff (including Fire Marshal, Deputy Fire Marshals and Fire Inspectors) and one (1) SRU. 14. Boat Slip located at Marina Bay Club, 13105 Vanderbilt Drive, slip #47 15. The District owns 1.01 acres of vacant property at the south end of Center Lane. This property could be sold or used for mitigation credits. 16. The District owns two (2) vacant lots on Kathleen Court totaling 1.31 acres. These lots are potential future station sites however these projects are on hold due to tax reform. 17. The District own 1.78 acres on Pine Ridge Road, the currently vacant lot is a potential future station site however this project is on hold due to tax reform. FINANCIAL HIGHLIGHTS The financial projections contained in this Plan are segregated by two (2) of the three (3) District funds: the General Fund and the Impact Fee Fund. The third fund, the Inspection Fee Fund, was created in January of 2003 in accordance with Collier County Resolution 01 -313. While the Inspection Fee Fund can purchase "equipment relating to the field of construction inspection expenses" (CC. Resolution 01- 313), due to the relatively short length. of time the fund has been in existence, and the apparent downward trend in revenue receipts, the purchase of capital items from the Inspection Fee Fund has not been included in the Five Year Plan projections. RIB /bb 9 -23 -09 FINAL 47 161 1A� General Fund: The major source of revenue for the General Fund is ad valorem taxes. Historically, projections for ad valorem revenue have been based on an analysis of receipts for the previous ten (10) years. However, recent declines in property value, and the anticipated continued declines in value, and the resulting decrease in revenue have rendered historic projection methods inaccurate. For year one of the Plan (2009 - 2010), information provided by the Collier County Tax Appraiser has been utilized (which reflects a 9% decrease in the appraised property value of the District). Year 2 of the plan reflects a five percent (5 %) decrease in property tax revenue, Year 3 reflects no change in property value and associated revenue, and years four and five reflect a three percent (3 %) increase in property tax revenue per year. This income projection is based on the District receiving 95% of projected ad valorem revenue. The projection for other revenue is derived from an average amount of other income received over the last five (5) years. In an effort to maintain a conservative approach, a decrease in other revenue is reflected in Years 1 and 2 of the plan. Expenditure projections for the General Fund are based on proposed budgetary expenditures for year 1 of the plan (2009- 2010), and factoring in an average annual increase of three percent (3 %) personnel costs and two percent (2 %) in operating costs. Year 1 provides wage related expenditures for those employees opting to accept the Early Retirement Incentive offered in 2008 -2009 with affiliated wage requirements reflected in 2009 -2010. Additionally, any projected expenses for new employees have been added to the total expenses after the applicable percentage of increase has been applied. The projected expenditures reflect the benefits and wages contained within the Collective Bargaining Agreement in effect through September 2010. Impact Fee Fund: The major source of revenue for the Impact Fee Fund is Impact Fees collected for new construction occurring in the District. Income projections for future years have been estimated to reflect the significant decrease in revenue received during the 2008 -2009 fiscal year. In January of 2006, the District, along with the other independent fire districts in Collier County, received a study on impact fee rates prepared by an independent consultant. Contained within that BJB /bb 9 -23 -09 FINAL 48 161 1 !�� study was the recommendation for the District to increase the impact fee rates to $.28 per square foot for residential structures and $.99 per square foot for commercial structures. Duet to the continued increases in the cost of land and construction to build stations to provide service to the new growth in the District, the Board approved the revised impact fee schedule effective October 1, 2006. Projections for impact fee revenue are conservative, with projections reflecting actual receipts to date during the 2008 -2009 fiscal year, with only a moderate increase in revenue projected for years 3 through 5 of the Plan. Expenditures from the Impact Fee Fund are regulated- by state statute and must meet the following criteria: 1. Expenditure must be a Capital Asset (minimum life in excess of one (1) year and the cost must exceed $1,000, although grouping is permitted). 2. The purchase of the asset must be due to growth in the District. The projected expenditures therefore represent anticipated capital items which the District will require due to the growth in the District. Where appropriate, the expenditure has been apportioned by percentage between the General Fund and the Impact Fee Fund. Because of the limited impact fee revenue available, only moderate provisions for the completion of Station 48 through debt service, the purchase of equipment necessary to operate that station and the debt service payment for an engine lease for this new facility are identified. It is essential that this Plan be reviewed on an annual basis to identify any upward or downward trends in income and expenses for both the Impact Fee Fund and the General Fund, 13J13/bb 9 -23 -09 FINAL 49 Percentages of General and Impact Fee Fund Expenditures Total General and Impact Fund Expeditures $29,500,000 $29,000,000 $28,500,000 $28,000,000 i ■ Land ■ Vehicles & App. ❑ Equipment ❑St. Impr. ■Operating Expenses ® Personnel $27, 500, 000 $27,000,000 $26,500,000 $26,000,000- a " $25,500,000 - FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FE3 Total General and Impact Fund Expeditures S27,302.378 $26,949,480 527,368,827 $28,052,087 S29,148,232 l3J13 /bb 9 -23 -09 FINAL 50 16 ryY �� I O m q 00 cm CD co Lo m CD a a d CO C-1 CD a CD a N CD cl-) CD CD m m I- CV cc 0 [1- CD [I- c C4 0 vi C� 0 C; co CD m r- N CD N 0 T- N m I'. CD N co M r- LO I- X to m m Lo C%l wi LU C6 c-4 C6 CM (�i to co C\j C4 C4 CIA to 69 V) Im C VIF (a 61), (a ull Ull (0 (0 (061), ull (f), 61'} U-.� u!). 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(N I .-i . i ,-i N 67 �- Ln Q) C E c Z O M - cl�cn -D Z"'I • i �I 161 1 Ike 0000, C) O o O 4WC:)0ao oO°�o Z w• O ® e u CD r-� Ln Ln o lL) � ffl- -Efl- -b� b4 O 47 G Z U O C y L O Y � � ta N C) O o O y N N N N L O L •� C C wd 4J O a o 0 v C O O O d- lD d' 00 M O CO . i O Ln m 'o -A -4 � ° rn rn rn y au LL: 'V ° I'D a'N O Z ,--I O m CO 00 l0 Ln r t- i L O :3 D O .}..J C .4J C -1-j C D L �rnmmC:) 00 COI CO a Oa)rnrno I V O O d' N J W LU L1J 161 1 Ike Z w• O ® e � y tt CJ C U zt G Z •b G C y L O Y � � ta N w � � ® N o y y � w L O Y •� C C wd O � � � v C .�+ O m O � d Z _z �q y au � o 'V Cs 2j 161 ], p Summation The growth and changes that are permeating the North Naples Fire Control and Rescue District necessitate the development and implementation of this five year plan. Recommendations made within this plan will assist in the setting of strategic decision processes and will tay the foundation for key decision makers of this District. Not addressed at this time in the plan is the lack of storage space for equipment and supplies. The assessment of options is being researched at this time and should be addressed in the updates of this five year plan. An assessment of the current millage rate maximum of one mil and the analysis of potential additional sources of revenue, including the assessment of a non -ad valorem fire fees, is underway. In order to keep the five year plan action goals in place, this plan will be revisited every year in August to adjust for any previously unforeseen events or emergencies. The District will operate within the realm of fiscal resources that are available to the District and with the highest accountability to all tax payers of the North Naples Fire Control and Rescue District. Public input on the five year plan and comments and critiques can be sent to the address below North Naples Fire Control & Rescue District 1885 Veterans Park Drive Naples, FL 34109 BJB/bb 9- 23- 091-INAL 61 Collier County Population Growth Data by Collier County Demographic &Economic Profile 6 1 1 Attachment A BJB /bb 9 -23 -09 FINAL 62 161 l )�t Attachment B Projected Annual Runs (Initial Calculation based on 1996 to 2003 increase of 7.89 %) (Note: Decrease in annual runs between 2006 & 2007 reflect changes in response criteria) . 111 Ili 111 1 111 11 111 f Projected Annual Runs BJB /bb 9 -23 -09 FINAL 63 WA E ci I. I Ol In M rl r r WL % 41 r u cr LWmij E UCm .•o CL CL a- CL (D j3 cr z Fy w m L 2 0 .2 c 0 ID > it LL (D u m (D CL LO ui 4) ME 0 4) > .. .. ... .... ... %- .i 0 — :E (4n, S LO"a m E J4, U. 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I Ol In 161 1 10 Attachment D North Naples Fire District Stations JC /BB /bjp 5 -24 -09 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: 161 1 Ak Attachment E -1 Facility Record- Station 4 North Naples Fire Control & Rescue District STATION 40 Date Updated: 9/10/2009 1441 Pine Ridge Road, Naples, FL 34109 Fire Station 1.05 acres LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS CBS 3,257 3,915 600 1,750 320 9,842 184 10,026 LADDERS: 1 SQUAD: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 FIRE PREVENTION ADMINISTRATION CLERICAL 10 Sq Miles Urban 14,000 2,047 6.00 Minutes 96,947 SQ FT: HOSE TOWER SQ.FT: PROPERTY TOTAL SQ.FT: APPARATUS AND EQUIPMENT ENGINES: 1 PUMPERS: 0 HOSE: 0 Watern Tenders: 0 BRUSH: 0 WOODS: 0 ANTIQUE 0 TOTAL APPARATUS: 2 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 6 TOTAL STAFF: 18 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS CBS 3,257 3,915 600 1,750 320 9,842 184 10,026 LADDERS: 1 SQUAD: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 FIRE PREVENTION ADMINISTRATION CLERICAL 10 Sq Miles Urban 14,000 2,047 6.00 Minutes 96,947 161 � Attachment E -2 TOTAL POPULATION OF DISTRICT 3C /BB /bjp 8 -24 -09 96,947 Facility Record- Station 42 North Naples Fire Control & Rescue District FACILITY NAME STATION 42 Date Updated: 9/10/2009 ADDRESS 7010 Immokalee Rd., Naples, FL 34119 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 1.29 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3,228 GARAGE: 3,638 WORK AREA: 91 OFFICE: 91 STORAGE: 125 TOTAL SQ FT: 7,173 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 0 PUMPERS: 0 SUPPORT: 0 HOSE: 0 UTILITY: 1 Water Tenders: 1 BRUSH: 1 COMMAND: 0 WOODS: 0 STAFF: 0 TOTALAPPARATUS: 4 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAI N: 1 LIEUTENANT: 2 ENGINEERS: 6 FIRE FIGHTERS: 0 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 20 Sq Miles AREA TYPE: Urban AREA POPULATION: 9,000 CALLS PER YEAR: 1,321 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 3C /BB /bjp 8 -24 -09 96,947 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: Facility Record® Station 4 North Naples Fire Control & Rescue District STATION 43 Date Updated: 16325 Vanderbilt Dr., Bonita Springs, FL 34134 16 i I N, Attachment E-3 9/10/2009 Fire Station DEMAND: Emergency Response Fire & Rescue 1.26 acres CONSTRUCTION TYPE: CBS LIVING QUARTERS: 3,233 GARAGE: 2,820 WORK AREA: 524 OFFICE: 104 STORAGE: 952 TOTAL SQ FT: APPARATUS AND EQUIPMENT ENGINES: 0 LADDERS: PUMPERS: 0 SUPPORT: HOSE: 0 UTILITY: TANKERS: 0 BOAT: BRUSH: 0 WOODS: 0 TOTAL APPARATUS: 3 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 COMMAND STAFF: 7,633 1 0 1 1 1 FIRE PREVENTION ADMINISTRATION CLERICAL 12 Sq Miles Urban 10,000 1,143 6.00 Minutes 96,947 161 1 � Attachment E -4 Facility Record- Station 44 North Naples Fire Control & Rescue District FACILITY NAME STATION 44 Date Updated: 9/10/2009 ADDRESS 8970 Hammock Oak Dr., Naples, FL 34108 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: N/A CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 5,976 GARAGE: 3,744 WORK AREA: 249 OFFICE: 359 STORAGE: 458 TOTAL SQ FT: 10,786 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 0 SUPPORT: 1 HOSE: 0 UTILITY: 1 TANKERS: 0 SQUAD: 0 BRUSH: 1 COMMAND: 0 WOODS: 0 STAFF: 0 BOAT: 1 ATV: 1 TOTALAPPARATUS: 7 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: '12 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: 7 Sq Miles AREA TYPE: Urban AREA POPULATION: 19,200 CALLS PER YEAR: 1,952 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 96,947 JC /BB /bjp 8 -24 -09 FACILITY NAME ADDRESS DESCRIPTION 16 1 1 �' Attachrr><ent E -5 Facility Record- Station 4 North Naples Fire Control & Rescue District STATION 45 Date Updated: 9/10/2009 1885 VETERANS PARK DR., NAPLES, FL 34109 CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 6.9 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: ENGINEERS: 3 FIRE FIGHTERS: GARAGE: OFFICE MGR. 1 IT RESIDENTIAL: MAPS 0 ASSEMBLY: SQ FT: 22,782 TRAIN TOWER: SQ. FT: 2,332 GENERAL BUILDING: SQ. FT: 308 PROPERTY TOTAL SQ. FT: 25,422 APPARATUS AND EQUIPMENT ENGINES: 1 SRU: 4 UTILITY: 1 TRAINING VEHICLE: 6 TRAILER: 9 FPB: 0 PUMPER 1 COMMAND: 7 PIO: 1 TOTAL APPARATUS: 30 STAFFING 1 FINANCIAL 2 SHIFT 8 Sq Miles BAT.CHIEF 3 CAPTAIN: 4 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 9 TOTAL STAFF: 34 SERVICE AREA 1 FINANCIAL 2 AREA SIZE: 8 Sq Miles AREA TYPE: Urban AREA POPULATION: 21,000 CALLS PER YEAR: 1,462 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT JClBB /bjp 8 -24 -09 ADMINISTRATION CLERICAL CHIEF 1 FINANCIAL 2 ASST. CHIEF 2 ADMIN 2 DEPUTY CHIEF 2 BAT. CHIEF 1 CAPTAIN 1 LIEUTENANT 0 PUBLIC INFOR. 1 OFFICE MGR. 1 IT 0 MAPS 0 96,947 FACILITY NAME ADDRESS 16 1 j �v1 Facility Record- Station 46 North Naples Fire Control & Rescue District STATION 46 Date Updated: 09/10/09 3410 Pine Ridge Rd. CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 4.25 Acres CONSTRUCTION TYPE: CBS BUILDING SIZE: Living Quarters 3,088 Garage 2,628 Work Area 399 Office 96 Storage 324 Total SQ.FT: 6,535 APPARATUS AND EQUIPMENT Engines: Brush: 1 TOTAL APPARATUS: 3 STAFFING SHIFT CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT ,ICLBB /bjp 8 -24 -09 Ladder (reserve) FIRE PREVENTION ADMINISTRATION 8 Sq Miles Urban 14,000 1,333 6.00 Minutes 96,947 CLERICAL 4 �Q �I Facility Record® Station North Naples Fire Control & Rescue District FACILITY NAME STATION 47 Date Updated: 09110/09 ADDRESS 2795 N. Airport - Pulling Rd. DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 1.5 acres* CONSTRUCTION TYPE: CBS BUILDING SIZE: Living Quarters 4,357 Garage 3,720 Work Area 650 Office 392 Storage 388 Total SQ.FT: 9,507 APPARATUS AND EQUIPMENT Engines: 1 TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 AREA SIZE: 5 Sq Miles AREA TYPE: Urban AREA POPULATION: 6,000 CALLS PER YEAR: 709 AVERAGE RESPONSE TIME: 6 Minutes est. TOTAL POPULATION OF DISTRICT 96,947 JC /BB /bjp 8 -24 -09 CLERICAL 16d 1�t Facility Record- Station 48 North Naples Fire Control & Rescue District FACILITY NAME STATION 48 Date Updated: 09/10/09 ADDRESS Livingston Rd. CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 3.28 acres CONSTRUCTION TYPE: BUILDING SIZE: RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT FIRE FIGHTERS: TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. ME 161 amrM 1 k� North Naples Fire Control & Rescue District FACILITY NAME STATION 49 Date Updated: 09/10/09 ADDRESS Nursery Ln. DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire & Rescue LAND SIZE: 26.35 Acres CONSTRUCTION TYPE: BUILDING SIZE: RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 5 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. 96,947 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: 16i Facility Record- Station 410 North Naples Fire Control & Rescue District STATION 410 Date Updated: 09/10/09 925 Oakes Blvd. 1 4'� Fire Station DEMAND: Emergency Response Fire & Rescue 3.66 acres CONSTRUCTION TYPE: CBS TOTAL SQUARE FT: 9,507 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: D TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: 16I Facility Record- Station 411 North Naples Fire Control & Rescue District STATION 411 Date Updated: 09/10/09 1121 Sun Century Rd. 1 {�t Fire Station DEMAND: Emergency Response Fire & Rescue 1.6 ACRES CONSTRUCTION TYPE: STEEL TOTAL SQUARE FT: 10,523 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: I TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. 96,947 161 i p Facility Record® Station 401 Taylor Road Facility North Naples Fire Control & Rescue District FACILITY NAME Taylor Rd. Date Updated: 09/10/09 ADDRESS 6495 Taylor Rd. DESCRIPTION LAND SIZE BUILDING SIZE Maintenance, Warehouse & Office 1.6 acres Building A Building B Building C TOTAL SO. FT: APPARATUS AND EQUIPMENT Engines: 1 Reserve Support 3 Utility 2 TOTAL APPARATUS: 23 STAFFING DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS and Steel 3,039 6,156 9,042 18,237 Fire Prevention Bur 14 Command 4 SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL Fire Marshal 1 Deputy Chief 2 Admin Assistant 3 Deputy Fire Mar 2 Battilion Chief 1 Inspectors 10 Mechanic 2 Computer Network 1 Logistics /Captain 1 Maintenance 1 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: N/A AREA TYPE: Urban AREA POPULATION: N/A CALLS PER YEAR: N/A AVERAGE RESPONSE TIME: N/A TOTAL. POPULATION OF DISTRICT JC /BB /bjp 8- -24 -09 96,947 FACILITY NAME ADDRESS DESCRIPTION LAND SIZE: BUILDING SIZE: 16 f 1 �k1, Facility Record- Center Lane North Naples Fire Control & Rescue District Center Ln. Date Updated: 09/10/09 N/A Vacant land DEMAND: Emergency Response Fire & Rescue 1.01 acres CONSTRUCTION TYPE: N/A TOTAL SQ. FT APPARATUS AND EQUIPMENT TOTAL APPARATUS: 0 STAFFING SHIFT CAPTAIN: 0 LIEUTENANT: 0 ENGINEERS: 0 FIRE FIGHTERS: 0 TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: Uffi F01TwJ U R ,_ 9 RW 16 JC /BB /bjp 8 -24 -09 N/A FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 16 1 i �� Facility Record- 5604 Kathleen court North Naples Fire Control & Rescue District FACILITY NAME 5604 Kathleen Ct. Date Updated: 09/10/09 ADDRESS 5604 Kathleen Ct. DESCRIPTION Vacant Land DEMAND: Emergency Response Fire & Rescue LAND SIZE: .66 acres CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME TOTAL POPULATION OF DISTRICT JC /BB /bip 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 16 1 j �,l Facility Record- 5605 Kathleen Court North Naples Fire Control & Rescue District FACILITY NAME 5605 Kathleen Ct. Date Updated: 09/10/09 ADDRESS 5605 Kathleen Ct. DESCRIPTION Vacant Land DEMAND: Emergency Response Fire & Rescue LAND SIZE: .65 acres CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 161 j p Facility Record- 1945 Pine Ridge Road North Naples Fire Control & Rescue District FACILITY NAME 1945 Pine Ridge Rd. Date Updated: 09/10/09 ADDRESS DESCRIPTION LAND SIZE BUILDING SIZE: 1945 Pine Ridge Rd. Vacant Land DEMAND: Emergency Response Fire & Rescue 1.78 acres CONSTRUCTION TYPE: N/A TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME TOTAL POPULATION OF DISTRICT JC /BB;bjp 8 -24 -09 FIRE PREVENTION ADMINISTRATION CLERICAL N/A Urban N/A N/A N/A 96,947 ADDRESS LAND SIZE BUILDING SIZE: 16i Facility Record- Boat Dock North Naples Fire Control & Rescue District 13105 Vanderbilt Dr., Slip 47 Boat Slip 1 �k DEMAND: Emergency Response Fire & Rescue N/A CONSTRUCTION TYPE: Dock TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT Fire /Rescue boat TOTAL APPARATUS: STAFFING SHIFT TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME TOTAL POPULATION OF DISTRICT JC /BB /bjp 8 -24 -09 1 FIRE PREVENTION ADMINISTRATION CLERICAL Gulf and back waters Water N/A N/A N/A 96,947 161 1 pl Summary of Facility Records Zone Square Miles Population Call/Year Avg. Response Time 40 10 14,000 2,047 6 minutes 42 20 9,000 1)321 6 minutes 43 12 10,000 1, 143 6 minutes 44 7 19,200 1,952 6 minutes 45 8 21,000 1,462 6 minutes 46 8 14,000 1,333 6 minutes 47 5 6,000 709 6 minutes 48 5 6,000* 1,200 Est. 6 minutes* 49 5* 6,000* 1,200 Est. 6 minutes* 410 5* 6,000* 1,200 Est. 6 minutes* 411 5" 6,000* 1,200 Est. 6 minutes* 401 N/A * estimates- Station not built Property Land size Building Center Lane 1.01 acres vacant 5604 Kathleen Court 0.66 acres vacant 5605 Kathleen Court 0.65 acres vacant 1945 Pine Ridge Road 1.78 acres vacant 13105 Vanderbilt Dr. N/A Boat Dock 12 JC/BB/L)jp 8-24-09 16i 1*1X401A J. Christopher Lombardo, Chairman F R I 1885 Veterans Park Drive Margaret Hanson, Vice Chairman R Paul J. Moriarty, Sr. Treasurer E Naples, FL 34109 James Burke, Commissioner �W (239) 597 -3222 John O. McGowan, Commissioner Fax (239) 597 -7082 North Naples Fire Control and Rescue District September 24, 2009 Board of County Commissioners 3301 Tamiami Trail East Building F Naples, FL 34112 To the Board of County Commissioners, Enclosed please find the following: RECEIVED SEP 2 5 2009 ,Bcmrd of County Commissioners I. Copy of Resolution 09 -039 of the North Naples Fire Control & Rescue District, adopting the final millage rate for the fiscal year 2009 -2010. 2. Copy of Resolution 09 -040 of the North Naples Fire Control & Rescue District, adopting the final impact fee rates for the fiscal year 2009 -2010. 3. Copy of Resolution 09 -041 adopting the Final Budget for the fiscal year 2009 -2010 for the General Fund and the Inspection Fee Fund. 4. Copy of Resolution 09 -042 adopting the Final Budget for the Impact Fee Fund for the fiscal year 2009 -2010. 5. Copy of the Budgets for the fiscal year 2009 -2010 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for the North Naples Fire Control & Rescue District. If you require any additional information, please contact me at the above number. Very truly yours, 67j.z�� 14A 'Olu e'4' BECKY POGAN BRONSDON Assistant Chief of Administrative Services Enclosures BJB /bb Misc. Corres: Date: Item #: - ?Inies to: 1 p• 16! p(\ RESOLUTION 09 -039 A RESOLUTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2009 - 2010, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, sections 1 and 3 of the North Naples Fire Control & Rescue District's Charter within section 3 of chapter 99 -450, Laws of Florida, authorizes the North Naples Fire Control & Rescue District to levy an ad valorem taxation on property within its boundaries in Collier County in an amount not to exceed 1 mills; and WHEREAS, the North Naples Fire Control & Rescue District on -� September 23, 2009 adopted Fiscal Year 2009 -2010 Final Millage Rate following the public hearing required by section 200.065, Florida Statutes; and WHEREAS, the gross taxable value for operating purposes not exempt from ad valorem taxation within the North Naples Fire Control & Rescue District has been certified by the Collier County Property Appraiser as $25,304,081,978; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that the Fiscal Year 2009 -2010 operating millage rate for the North Naples Fire Control & Rescue District is 1.00 mills per $1,000.00, which is less than the rolled -back rate of 1.0996 mills per $1,000.00 by 9.06 %. Such millage rate will be collected pursuant to the same manner and form as county taxes. BJB /bb 9 -18 -09 16 1-1 j R� RESOLUTION 09 -039 SEPTEMBER 23, 2009 PAGE TWO OF THREE This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner _ McGouk) ) , who moved its adoption. The motion was seconded by Commissioner , and the Vote was as follows: Commissioner J. Christopher Lombardo: �-e-s _ Commissioner Margaret Manson: Commissioner Paul J. Moriarty, Sr.: ye-s Commissioner John Mcgowan.:" Commissioner M. James Burke: Ats Duly passed on this23rd day of September, 2009 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. NORTH NAPLES -FIRE CONTROL & RESCUE DISTRICT J. Christopher Lombardo, Chairman Commioner Margaret Hanson, Vice Cl innan ionex'Vaul J. Moriarty/$r., Treasurer BJB /bb 9 -18 -09 2 RESOLUTION 09 -039 SEPTEMBER 23, 2009 PAGE THREE OF THREE r" I Commissioii,,john &. Gowan Commissigner M. James Burke BJB /bb 9 -18 -09 16I 1 � 161 1 '�k RESOLUTION 09 -040 A RESOLUTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING FINAL IMPACT FEE RATES FOR FISCAL YEAR 2009 -2010, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 8 of the North Naples Fire Control & Rescue District's Charter within section 3 of chapter 99 -450, Laws of Florida, authorizes the North Naples Fire Control & Rescue District to assess impact fees for capital improvements on new construction within its boundaries; and WHEREAS, the calculation of impact fee rates assessed effective for the 2009 -2010 fiscal year was based upon the most recent and localized data, as evidenced by the Fire /Rescue Service Impact Fee Update Study dated January 2006; and WHEREAS, the accounting of the impact fee revenues and expenditures are provided for and reported in a separate and segregated special revenue fiend entitled Impact Fee Fund; and WHEREAS, Collier County collects the impact fees for the District and charges an administrative fee to cover the County's actual costs of such collection, pursuant to an Interlocal Agreement dated September 25, 1990; and WHEREAS, the impact fees adopted by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District for the 2009 -2010 fiscal year are imposed in compliance with Section 163.31801, Florida Statutes; and BJB /bb 9 -18 -09 161 1 �` RESOLUTION 09 -040 SEPTEMBER 23, 2009 PAGE TWO OF THREE WHEREAS, the final impact fee rates adopted by the Board of Fire Commissioners were adopted at a Public Meeting held on September 23, 2009; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that the final charges for impact fees of $.28 per square foot of defined living area for residential development and $.99 per square foot of useable area for commercial and industrial structures as defined in section 8 of the North Naples Fire Control & Rescue District's Charter within section 3 of chapter 99 -450, Laws - of Florida are adopted. No reduction in the assessed impact fee charge is authorized. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner ( who moved its adoption. The motion was seconded by Commissioner i[_�' and the Vote was as follows: Commissioner J. Christopher Lombardo:'„_ Commissioner Margaret Hanson: Commissioner Paul J. Moriarty, Sr.: -_ Commissioner John McGowan.: �(f-s Commissioner M. James Burke: Ae--s BJB /bb 9 -18 -09 7 161 1 skk RESOLUTION 09-040 SEPTEMBER 23, 2009 PAGE THREE OF THREE Duly passed on this 23rd day of September, 2009 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. NORTH NA-PLFS-FWE-C-0N & RESCUE DISTRICT ---- -------- -- _e6t'�missioner J. Christopher Lombardo, Chairman Commissioner Margaret Hanson, Vice Chairman Commiss'IPIiv Moriarty, Sr.., T Commissioner J hnVcOVw'an Commission Yr M. James Burke BJB/bb 9-18-09 3 161 7, Pv RESOLUTION 09 -041 A RESOLUTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE GENERAL FUND AND INSPECTION FEE FUND FOR FISCAL YEAR 2009/2010; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the North Naples Fire Control & Rescue District of Collier County, Florida, on September 23, 2009 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the North Naples Fire Control & Rescue District of Collier County, Florida, set forth the final appropriations in the amount of $26,885,948 and final revenue estimates in the amount of $24,892,378 for the General Fund for the Fiscal Year 2009 -2010; and WHEREAS, the North Naples Fire Control & Rescue District of Collier County, Florida, set forth the final appropriations in the amount of $638,316 and final revenue estimates in the amount of $638,500 for the Inspection Fee Fund for the fiscal year 2009 -2010; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that: 1. The Fiscal year 200 /2010 Final Budget for the General Fund be adopted, 2. The Fiscal year 2009 /2010 Final Budget for the Inspection Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. BJB /bb 9 -18 -09 16 i I kl;� RESOLUTION 09 -041 SEPTEMBER 23, 2009 PAGE TWO OF THREE The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner ��� (� , and the Vote was as follows: Commissioner J. Christopher Lombardo: Commissioner Margaret Hanson: Commissioner Paul J. Moriarty, Sr.:S Commissioner John McGowan: \ es Commissioner M. James Burke: le-5 Duly passed on this 2' )rd day of September, 2009 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. NORTH NAPLES FIRE CON,TR-OL & -RRSC -U DISTRICT C iss onei J. Christopher Lombardo, Chairman Com ssioner Margaret Hanson, Vice Chair an rl i Commissi J. Moriarty, Sr,//Treasurer BJB /bb 9 -18 -09 7 RESOLUTION 09 -041 SEPTEMBER 23, 2009 PAGE THREE OF T BJB /bb 9 -18 -09 161 j fit 161 1 R� RESOLUTION 09 -042 A RESOLUTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE IMPACT FEE FUND FOR FISCAL YEAR 2009/2010; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the North Naples Fire Control & Rescue District of Collier County, Florida, on September 23, 2009 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the North Naples Fire Control & Rescue District of Collier County, Florida, set forth the final appropriations in the amount of $406,000 and =- final revenue estimates in the amount of $452,000 for the Impact Fee Fund for the Fiscal Year 2009 -2010; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that the fiscal year 2009/2010 Final Budget for the Impact Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner MCI n , who moved its adoption. The motion was seconded by Commissioner \Aa' , and the Vote was as follows: BJB /bb 9 -18 -09 I61 i P' RESOLUTION 09 -042 SEPTEMBER 23, 2009 PAGE TWO OF TWO Commissioner J. Christopher Lombardo: e s Commissioner Margaret Hanson: Commissioner Paul J. Moriarty, Sr.: I s Commissioner John McGowan: f'3 Commissioner M. James Burke: -e3 Duly passed on this 23rd day of September, 2009 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. - NORTH NAPLES FIRE - CONTROL && RESCIL E DISTRICT C rtr671ssi6ner J. Christopher Lombardo, Chairman Commissioner Margaret Hanson, Vice Chairman BJBibb 9 -18 -09 2 16 1 1 �A OPERATING BUDGET IMPACT FEE BUDGET INSPECTION FEE BUDGET Board of Fire Commissioners North Naples Fire Control & Rescue District BOARD OF FIRE COMMISSIONERS J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chair Paul J. Moriarty, Sr., Treasurer John O. McGowan, Commissioner M. James Burke, Commissioner DISTRICT OFFICERS Orly C. Stolts, Fire Chief Becky Pogan Bronsdon, Assistant Chief of Administrative Services James Cunningham, Acting Assistant Chief of Emergency Operations Joseph Hessling, Deputy Chief of Fleet & Equipment Management Sal D'Angelo, Deputy Chief of Projects and Facilities Management Jorge Aguilera, Deputy Chief of Medical Services & Community Relations Michael Swanson, Deputy Chief of Safety & Training BJB /bb 9 -09 -09 09 -10 Final Hearing 16 1� 1 INDEX PAGE NUMBER INCOME Collier County Ad Valorem 2 Interest-General 3 Interest-CD 3 Interest -Ad Valorem 3 Other Income 4 Firewatch Fees 5 Income Recap 6 EXPENSE Salaries 8 to 10 Salaries- Prevention 8 to 10 Commissioners 11 On Call Pay 13 Professional & Incentive Pay 14 Prof. & Incentive Pay - Prevention 14 Overtme- Operations 15 Overtime- Maintaining Staffing Level 15 Overtime- Prevention 15 Overtime - Firewatch 15 Overtime- Administration 15 Overtime -Beach Patrol 15 Overtime- Training 16 Overtime -Spec. Teams 16 Overtime- Paramedics 16 Overtime - Reimburseable Training 16 Training Bonus 17 Holiday Pay 17 Sick Time Payout 18 Sick Time Payout- Prevention 18 Vacation Payout 18 Retirement -FRS 19 Retirement - FRS -Prev. 19 Retirement -175 20 Retirement - 175 -Prev. 20 Retirement - Commissioners 12 Retirement - Fire Chief 20 Social Security 21 Social Security - Prevention 21 Worker's Compensation 21 Worker's Compensation- Prevention 21 BJB /bb 9 -03 -09 09 -10 Tentative Hearing INDEX EXPENSE (CONTINUED) Short Term /Long Term Disability Short Term /Long Term Disability -Prev. Life /Health /Dental Insurance Life /Health /Dental Ins.- Prevention Life /Health Ins.- Commissioners Post Employment Health Plan Employee Physicals Retirement Recognition Unemployment Insurance Building, Auto & Liab. Ins. Communications Telephone Utilities Vehicle Maintenance Building Maintenance - General Bldg. Maint. -St. 40 Bldg. Maint. -St. 42 Bldg. Maint. -St. 43 Bldg. Maint. -St. 44 Bldg. Maint. -St. 45 Bldg. Maint. -St. 46 Bldg. Maint. -St. 47 Bldg. Maint -Shop Equip. Maint.- SCBA Equip. Maint. - Nozzle Equip. Maint. -Fire Computer Maintenance Hydrant Maintenance & Repair Emergency Medical Services /Supplies Office Supplies Office Supplies- Prevention Protective Gear Uniforms Hurricane /Emergency Supplies Station Supplies Office Equipment- Non -Cap. Office Equipment- Prevention Fire Equipment- Non - Capital Shop Equipment- Non - Capital Warehouse /Logistics Supplies Professional Fees Collier County Property Appraiser Fees PAGE NUMBER 22 22 23 23 11 23 24 24 24 25 25 26 26 27 28,29 29 30 30 31 31 32 32 32 33 33 33 34 34 36 37 37 38 38 39 39 39 40 40 41 41 42 42 161 1 p\ BJBlbb 9 -03 -09 09 -10 Tentative Hearing 161 1 N�, INDEX PAGE NUMBER EXPENSE (CONTINUED) Collier County Tax Collector Fees 43 Auditor Fees 43 Special Assessment -St. 44 44 Travel & Per Diem 44 PIO 45 PEO 45 Vehicle Fuel /Oil 46 Public /Fie /Paramedic College Courses 47 Training Course /Conference 47,48 Training Equipment and Supplies 49 Miscellaneous 49 Subscription /Dues 50 Subscription /Dues- Prevention 51 P ETC 51 Legal Advertisements 51 Dive Team 52 Fire Prevention Material & Supplies 53 Hazardous Materials Team 54 Technical Rescue Team 55 Boat Team 56 CERT 57 Peer Fitness 57 K -9 Search & Rescue 57 Honor Guard 58 Contingency 58 DEBT SERVICE: Principal Payment - Lease 59 Interest Payment -Lease 59 CAPITAL PURCHASES: Station Improvements & Equipment 60,61 Fire and Rescue Equipment 62 Protective Gear 62 Medical Equipment 62 Communication Equipment 63 Office Equipment 63 Computers 64 Technical Rescue Team Equipment 64 Fire Prevention Equipment 65 Land 65 Boat Team Equipment 65 BJB /bb 9 -03 -09 09 -10 Tentative Hearing INDEX EXPENSE (CONTINUED) CAPITAL PURCHASES (CONTINUED) Training Equipment Vehicles Shop Equipment Logistics/Warehouse HazMat Team Equipment Dive Team Equipment Fire Apparatus Designated Reserves PAGE NUMBER 66 66 66 67 67 67 68 64 -65 16 f 1 t�� BJB /bb 9 -03 -09 09 -10 Tentative Hearing 161 1�' BJB /bb 9 -02 -09 1 09 -10 Tentative Hearing GENERAL FUND - 2009/2010 Amended Budget Estimated Budget Increase (Decrease) 2008 -2009 Sept. 30, 2009 2009 -2010 vs. 08 -09 Balance Forward-Designated 13,953,594 13,953,594 13,936,974 Balance Forward- Undesi nated Total -Cash Reserve Carry Forward 13,953,594 13,953,594 13,936,974 REVENUE 1 Collier County Ad Valorem (Milla a -1.00) 26,103,691 26,103,691 24,038,878 - 7.91% 1 2 C.C. -Ad Valorem over 95% 125,959 322,274 2 3 Interest - General 157,000 115,000 130,000 - 17.20% 3 4lnterest -CD 325,000 400,000 325,000 0.00% 4 5 Interest -Ad Valorem 10,000 863 - - 100.00% 5 61 Fire Watch Fees 50,000 23,000 30,000 - 40.00% 6 7 Occupational Lic. Fees 39,375 56,000 45,000 14.29% 7 8 Flow Test 9,000 3,885 3,000 - 66.67% 8 9 Hydrant Maintenance Fees 25,000 11,570 15,000 - 40.00% _ 9 10 Inspec.- Thrust Blocks 500 - - 100.00% 10 11 Key Boxes 13,750 5,400 10,030 - 27.05% 11 12 Reinspection Fees 1,000 500 500 - 50.00% 12 13 Rental - Cell Tower 35,160 35,792 35,160 0.00% 13 14 Station Rental -EMS 26,310 26,310 26,310 0.00% 14 15 Other Rental 48,000 48,000 48,000 15 16 Donations, Gifts, Grants 5,000 200 500 - 90.00% 16 17 Disposition of Fixed Assets 20,000 22,589 17 18 Proceeds from Sale of Land 18 19 Proceeds from Debt - 527,590 19 20 Misc. Revenue 15,000 50 5,000 - 66.67% 20 21 IMisc. Rev.- Refunds /Reimb. 125,000 151,155 135,000 8.00% 21 22 Reimbursement - Training 20,000 4,871 20,000 0.00% 22 23 False/Malfunctioning Alarm Fees 15,000 35,600 25 000 66.67% 23 TOTAL INCOME 27,169,745 27,894,340 24,892,378 - 8.38% Personnel Services 30 Salaries 11,520,504 11,520,504 11,533,928 0.12% 30 31 Salaries- Prevention 634,775 595,000 646,992 1.92% 31 32 Commissioners 30,000 30,000 30,000 0.00% 32 33 On Call Pay 25,000 25,000 25,000 0.00% 33 34 Prof. Pay 169,323 188,000 165,120 - 2.48% 34 35 Prof. Pay- Prevention 7,200 5,000 4,800 - 33.33% 35 361Holiday 304,784 304,784 288,748 - 5.26% 36 37 Overtime- Operations 200,000 255,000 200,000 0.00% 37 37A Overtime- Maintain Staffing Level 493,778 38 Overtime- Prevention 1 19,301 20,000 23,000 19.16% 38 39 Overtime- Firewatch r 50,000 25,000 30,000 - 40.00% 39 40 Overtime -Spec. Teams �_ 188,080 188,000 193,722 3.00% 40 41 Overtime-Administration_ p 22,500 10,000 6,000 - 73.33% 41 42 Overtime -Beach Patrol 1,000 - 1,000 0.00% 42 43 Overtime- Paramedic Training 35,000 20,000 50,000 42.86% 43 44 Overtime - Reimburseable Trainind 20,000 3,789 20,000 0.00% 44 45 Overtime - Training _ 41,400 �- 5,000 30,000 - 27.54% 45 46 Training Bonus 43,900 40,000 45,000 2.51% 46 47 Vacation Pay 68,000 65,902 50,000 - 26.47% 47 48 -[::4:9:l Sick Leave Pay 443,622 443,622 421,978 - 4.88% 48 Sick Leave- Prevention-1 16,976 16,976 20,648 21.63% 49 50 Social Security 1,005,687 1,003,201 ( 1,038,566 3.27% 50 BJB /bb 9 -02 -09 1 09 -10 Tentative Hearing 16 I 1 P� BJBibb 9 -02 -09 2 09 -10 Tentative Hearing Amended Budget Estimated Budget Increase (Decrease) Page 2 2008 -2009 Sept. 30, 2009 2009 -2010 vs. 08 -09 51 Soc. Security-Prevention 49,559 49,559 53,201 7.35% 51 52 Disability Insurance 60,232 45,000 53,524 - 11.14% 52 531 Disability Ins.- Prevention 8,800 15,925 - 100.00% 53 54 Life /Health Insurance 2,628,969 2,599,673 2,997,142 14.00% 54 55 Life /Health Ins. -Prev. 121,199 230,280 278,604 129.87% 55 56 Life /Health Ins.- Commissioners 49,832 66,708 74,002 48.50% 56 57 Hlth. Insurance Run Out -07 Plan 15,000 12,000 10,000 57 58 Post Employment Health Plan 28,000 28,000 105,000 275.00% 58 59 Worker's Compensation 700,000 552,002 672,897 - 3.87% 59 60 Worker's Comp. -Prev. 47,261 111,836 33,094 - 29.98% 60 61 Retirement -FRS 1,360,976 1,065,000 1,131,719 - 16.85% 61 62 Retirement - FRS -Prev. 54,407 75,200 56,229 3.35% 62 63 Retirement -175 1,318,255 1,818,255 1,582,858 20.07% 63 64 Retirement - 175 -Prev. 87,454 87,454 97,723 11.74% 64 65 Retirement - Commissioners 5,493 5,493 4,959 - 9.72% 65 66 Retirement/ Hlth Ins - Fire Chief 58,704 49,506 25,364 - 56.79% 66 67 Unemployment Insurance 37,464 37,464 36,491 - 2.60% 67 68 Employee Physicals 110,000 70,000 117,882 7.17% 68 69 Retirement Recognition 2 000 _5837 1 000 - 50.00% 69 Total Pers. Serv. 21,590,657 21,689,970 22,649,969 4.91% Operating Expenditures 80 Bldg., Liability & Auto Insurance 343,549 343,549 377,904 10.00% 80 81 Communications 34,000 30,000 15,000 - 55.88% 81 82 Telephone 200,000 185,000 178,500 - 10.75% 82 83 Utilities 190,100 190,100 212,584 11.83% 83 Maintenance 84 Vehicle Maint 320,800 275,000 342,500 6.76% 84 85 Bldg. Maint. 253,870 225,000 232,516 - 8.41% 85 86 Bldg. Maint. -St. 40 4,500 5,500 7,400 64.44% 86 87 Bldg. Maint. -St. 42 10,300 10,000 9,200 - 10.68% 87 88 Bldg. Maint. -St. 43 21,200 15,000 4,000 - 81.13% 88 89 Bldg. Maint. -St. 44 12,700 10,000 6,000 - 52.76% 89 90 Bldg. Maint. -St. 45 17,900 18,000 19,000 6.15% 90 91 Bldg. Maint. -St. 46 18,100 19,000 1,300 - 92.82% 91 92 1 Bldg. Maint. -St. 47 2,000 i 5,000 2,700 35.00% 92 931 Bldg. Maint - Shop /Logistices 2,500 3,000 1,500 - 40.00% 93 Equipment Maintenance 94 Equip.Repair & Maint. -Fire 33,800 45,000 36,500 7.99% 94 95 Equip. Maint. - SCBA 3,500 IIII 6,000 4,150 18.57% 95 96 Equip. Maint. - Nozzle 5,760 ' 5,600 1,600 - 72.22% 96 97 Computer Maintenance 80,000 75,000 107,965 34.96% 97 98 Hydrant Maintenance & Repair 70,600 60,000 143,000 102.55% 98 Supplies 99 ALS /Emer ency Medical Sup./Sen 92,267 90,000 84,989 it - 7.89% 99 100 Office Supplies 38,000 35,000 35,000 -7.89% 100 101 Office Supplies- Prevention 5,660 2,000 6,000 6.01% 101 102 Protective Gear 26,500 25,000 33,950 28.11% 102 103 Uniforms 63,450 63,000 _ 44,500 - 29.87% 103 104,Hurricane/Emergency Supplies 10,000 ( 5,000_ - - 100.00% 104 105 Station Supplies 27,900 30,000_ 27,900 0.00%105 Equipment -Non. Capital 106 Office Equipment 40,000 45,000 _ 40,000 0.00% 106 107 Office Equipment- Prevention 4,857 ( 500 i 2,350 - 51.62% 107 108 Fire Equipment 92,000 50,000 _ 61,000 -33.70%1 108 BJBibb 9 -02 -09 2 09 -10 Tentative Hearing 161 1 P\ BJB /bb 9 -02 -09 3 09 -10 Tentative Hearing Amended Budget Estimated Budget Increase (Decrease) Page 3 2008 -2009 Sept. 30, 2009 2009 -2010 vs. 08 -09 109 Shop Equipment & Supplies 4,150 11,000 5,000 20.48% 109 110 Warehouse /Logistics Supplies /Eq 2,000 3,000 1,100 - 45.00% 110 Professional & other fees 111 Professional _ 225,000 225,000 280,000 24.44% 111 112 Property Appraiser's Fees 209,048 209,048 208,865 -0.09% 112 113 Collector's Fees 525,074 528,000 483,778 -7.86% 113 114 Auditor 85,000 75,000 80,000 -5.88% 114 Miscellaneous 115 Water /Sewer Fee -St. 44 _ 5,000 4,602 5,000 0.00% 115 116 Travel & Per Diem 68,170 _ 25,000 46,225 - 32.19% 116 117 PIO 3,675 1,000 3,500 -4.76% 117 118 PEO 27,900 24,000 24,100 - 13.62% 118 119 Vehicle Fuel /Oil 350,000 200,000 300,000 - 14.29% 119 120 Public College, Florida State Fire College and Paramedic College Courses 60,000 60,000 63,500 5.83% 120 121 ITraining Course /Conference 73,000 50,000 43,075 - 40.99% 121 122 Training Supplies /Equipment 34,000 30,000 32,800 - 3.53% 122 123 Miscellaneous 30,000 25,000 25,000 - 16.67% 123 124 Subscription /Dues 8,285 15,000 8,010 -3.32% 124 125 Subscription /Dues- Prevention 588 - 588 0.00% 125 126 PETC 1,000 - - 100.00% 126 127 Legal Advertisements 9,900 7,000 9,000 -9.09% 127 128 Dive Team 5,450 5,000 8,300 52.29% 128 129 Fire Prevention Materials & Supplies 17,444 6,000 13,280 - 23.87% 129 130 Haz Mat 7,000 8,500 5,000 - 28.57% 130 131 Technical Rescue 7,475 7,000 4,350 - 41.81% 131 11321 Boat Team 6,000 6,000 5,500 -8.33% 132 133 CERT Team 13,210 4,000 6,000 - 54.58% 133 1341 Peer Fitness 1,000 500 500 - 50.00% 134 135 K -9 Search & Rescue 1,500 - - 100.00% 135 136 Honor Guard 2,700 500 1,500 - 44.44% 136 137 SOS Program - - - 137 138 Contingencies 50,000 50,000 0.00% 138 Total Op. Exp. 3,859,382 3,401,399 3,752,979 -2.76% Debt Service 150 Principal Payment -Land Loan 08- 09; Engine Lease 09 -10 53,389 53,389 - -100.00%1 150 Principal Payment - Land 660,500 660,500 - Principal Payment-Engine 545,000 151 Interest Pmt.- Land /Engine Lease 25,114 50,114 - - 100.00% 151 Total Debt Service 739,003 1,309,003 - - 100.00% Capital Outlay 160 Station Improvements & Equip. 400,000 361,500 - 12.62% 160 161 Fire and Rescue Equip. _413,700 73,000 20,000 25,000 - 65.75% 161 162 Protective Gear 20,000 20,000 30,000 50.00% 162 163 Medical Equipment - - 163 164 Communication Equip 12,000 1,885 - 100.00% 164 165 Office Equip 30,000 15,134 2,500 - 91.67% 165 166 Computers 65,305 35,000 33,000 - 49.47% 166 167 TRT 5,525 2,829 - - 100.00% 167 168 Boat Team 6,000 12,940 - - 100.00% 168 169 Training Equipment 16,000 5,500 20,000 25.00% 169 BJB /bb 9 -02 -09 3 09 -10 Tentative Hearing 161 I 0 BJB /bb 9 -02 -09 4 09 -10 Tentative Hearing Amended Budget Estimated Budget Increase (Decrease) Page 4 2008 -2009 Sept. 30, 2009 2009 -2010 vs. 08 -09 170 Vehicle Purchase - - 170 171 Shop Equipment 3,700 - 2,000 - 45.95% 171 172 Lo isticsANarehouse 5,000 4,950 - 100.00% 172 1731 HazMat Team 8,000 - 5,000 - 37.50% 173 174 Fire Apparatus 480,000 527,590 _ - - 100.00% 174 175 Dive Team 6,000 5,000 4,000 - 33.33% 175 176 Fire Prevention 5,500 5,237 - 176 977 Rennovation of Shop /Maint. Facility - - 178 Land 454,523 454,523 - - 100.00% 176 Total Capital Outlay 1,604,253 1,510,588 483,000 - 69.89% TOTAL EXPENSES 27,793,295 27,910,960 26,885,948 -3.26% 150 Prior Year Fund Balance 13,953,594 13,953,594 13,936,974 Total Income 27,169,745 27,894,340 24,892,378 Total Expenses (27,793,295) (27,910,960) (26,885,948) Total Cash Reserve 13,330,044 13,936,974 11,943,404 $2 Million 08 -09 $16,620 of of Reserves CUMMULATIVE RESERVES: reserves spent Sent Undesi nated Reserve 606,930 Maintaining Level of Service 3,948,144 3,948,144 2,009,504 Designated - Replacement Radios 300,000 300,000 300,000 Designated-Health Insurance 500,000 500,000 500,000 Desi nated -ALS Program - - 552,000 Designated -GASB 45 Post Emp. 500,000 500,000 500,000 Designated-Loan Lump Sum Prnt. - Designated-Emer .Res. 500,000 500,000 500,000 Designated-Operating Reserve 2,400,000 2,400,000 2,400,000 Designated-Fire Apparatus 1,800,000 1,800,000 1,800,000 Designated - Building Fund 1,500,000 1,500,000 1,500,000 Designated-Vehicle Replacement 100,000 100,000 100,000 Desi nated -SCBA Replacement 160,000 160,000 160,000 Designated-Capital Equip. 1,501,000 1,501,000 1,501,000 Designated-Disaster Preparednes - Designated-St: #46 Improvements 20,900 20,900 20,900 Designated - Personal Protective Gear 100,000 100,000 100,000 13, 330, 044 13, 936, 974 11, 943,404 48% 44% BJB /bb 9 -02 -09 4 09 -10 Tentative Hearing 161 1 � INCOME DETAIL The District's Enabling Act grants the Board of Fire Commissioners the authority to assess a levy on property owners for fire protection service. The Collier County Property Tax Appraiser provides the appraised taxable value of all of the property within the District's boundaries. That estimated value is transmitted to the District via Form DR -420, which the District usually receives in late June prior to the October beginning of a new fiscal year. The Board of Fire Commissioners establishes the millage rate, or taxing rate, up to the maximum allowable by the District's Enabling Act (1 Mil, or $1.00 for every $1,000 of appraised property value). This taxing rate is tentatively adopoted at the Tentative Budget Hearing, and finalized with the adoption of the final budget at the Final Budget Hearing. Both of these hearings are held in September. Ad Valorem revenue represents 95% of the District's total annual revenue, with the balance of revenue consisting of interest, cell tower and station rentals, and various fees identified below. The budget assumes the District will receive 95% of the total possible Ad Valorem assessed. The taxable property value for the fiscal year 2009 -2010 reflects a substantial decrease in the District's property value. This decrease in property value translates to a substantial decrease in Ad Valorem revenue. Unlike a County or City, the District cannot increase its millage rate to compensate for a reduction in property value in order to generate the same revenue as was generated in the 2008 -2009 fiscal year. Therefore, even with the levy of the maximum millage rate (1 Mil), the Ad Valorem revenue reflected in the General Fund Budget represents a reduction of eight percent. According to the Collier County Tax Appraiser's Certification of Taxable Value dated June 29, 2009, the Gross Taxable Value of the property in the District reflects a 9% decrease in value, as compared to the District's property value in 2008. When new development is subtracted from the 2009 value, the percentage of decrease in value is even greater at 10 %. Historically, the District's property value has increased from year to year between 9% and 15 %. This reduction in value, combined with a cap on the maximum millage rate contained within the District's Enabling Act, results in a decrease in revenue of more than 8 %, even with the 1.00 millage rate adopted. BJB /bb 9 -03 -09 1 09 -10 Tentative Hearing 001-3110-001-000,002-000 003-000 AD VALOREM - BUDGET LINE 1 Gross Taxable Value Per f=orm DR-420 $ 25,304,081,978 x 95% $ 24,038,877,379 Millage Rate - 1.00 Mill jAd Valorem Revenue - 09-10 (1.00 Mill) 24,038,878 1 108-09 Budget Amount: $26,103,691 Decrease in Ad Valorem Revenue as compared to 2008-2009: 1.00 MJI 2,064,813 BJB/bb 9-09-09 2 09-10 Final Hearing 161 1 A 001 -3610-101-000, 102-000, 104-000 INTEREST INCOME - BUDGET LINES 3A AND 5 Because Interest Income varies depending upon the naflonal 'financial climate, an estimate has been made Using an average of the last years' naceipts, recognizing upward or dovvnvvGnd trends for the purpose of budgeting general interesL CD Interest revenue estimate is based on the District's current Certificates of Deposit which will nnatunaduhn8the2OO9-2O1O5soa|year.addinginentirnatesforintenastgenenabadbveddhiona| certificates of deposit purchased during the 0Q-1O fiscal year. Average receipts over the last 4years were also reviewed [o arrive eton interest rate estimate. Anticipated interest income for the 2OOQ-2O1O -fiscal year represents a decrease of7% as compared to the prior year's revenue. This increase is based on actual receipts in 2008-2009, funds invested in certificates of deposit which mature during the 2009-2010 year, and @ four year average uf interest revenue. Budget Budget 2008-2009 2009-2010 Collier County 4xd\/a|onern Interest $ 10.000 $ General Interest $ 157.000 $ 130.000 CID Interest $ 325,000 $ 325,000 oJomu 7-09-0917'17-0918-07-09 3 09-10 Dmft#1 16 1 6l � 001-3420-903-000 904-000,90 001-3620-001-000, 002-000,003-001.001-3630-001-000,. 001 -3660-001 -OOQ,002-000 001-3690-902-001,..903--000903-001. 903-002 OTHER INCOME-BUDGET LINES 7 - 23 Other General Fund Income is comprised of various sources as identified below. For those income sources where no verification is possible, an average of -the last 4 years' receipts is used, recognizing upward or downward trends. Hydrant Feen, Occupational License Fees, False Alarm Fees, Time Specific Inspection Fees and Key Box revenue were provided by the Fire Prevention Bureau. Miscellaneous Revenue for 2009-2010 reflects a decrease of 2.5% as compared to the prior year's budgeted amount. This decrease in budgeted revenue is due lo 'the reduction ofanticipated hydrant maintenance fees' flow test fees, nainapeotion fees, donations and key box replacements. Budget 2OO9-2D1O 3,000 - 500 500 45,000 15,000 1O.O3D 20,000 5,000 135,000 35,160 26,310 48,000 25,000 TOTAL 378,095 $ 36 4 O9'10 Dn��#1 mm�ron�s�/rn�ur� Budget 20D8-2OO9 Flow Test $ 9.000 $ (nspection -ThrustB|nok $ 500 $ Reinspeobons $ 1.000 $ Donations $ 5.000 $ Occupational License Inspections $ 39.375 $ Hydrant $ 25.000 $ '�� Key Boxes � 13750 $ . Re�nnburseab\e Training $ 20.000 $ Miscellaneous Income $ . OOO '15,000 5 � K4isoeUononusFleinnbunsennents/Flefunds $ 125.000 $ Call Tower Rent $ 35.160 $ EMS Rental $ 26.310 $ Sun Century Rental $ 48.000 $ False/Malfunctioning Alarm Fees 15000 $ Budget 2OO9-2D1O 3,000 - 500 500 45,000 15,000 1O.O3D 20,000 5,000 135,000 35,160 26,310 48,000 25,000 TOTAL 378,095 $ 36 4 O9'10 Dn��#1 mm�ron�s�/rn�ur� FIREWATCH FEES-BUDGET LINE 6 16 � � 0 �-, Firexxatoh Fees are charged to entities requiring the presence of certified firefighters -to perform vva[chnmartheirfinaSafetvsystennsin[heeventofnnechaOica)nna|funotion.00nstructionnrcdhar facto/s. Special Event Firewatch Fees are charges for the same services performed during a special event, such asa concert or theatrical performance. Projection for Firewatch Fees {s computed using an average of the last fouryears' receipts, recognizing upward or downward trends. Also factored into the estimate is the projected revenue for the current fiscal year, and projections provided by the Fire Marshall. The 2009-2010 budget provides for a decrease in revenue of 40%, as compared to the prior -fiscal year. This estimated decrease is based on actual receipts for 'the 2003-2009 fiscal year. Budget Budget 2008'2009 2009-2010 ITOTAL 50,000 $ 30,000 aJsmu 7-09-0917'17-09mn7-0e 5 08'10 Dnu'I#1 PROJECTED FUND BALANCE AT 9 -30 -08 AND 9 -30 -09 $ 13,395,594 $ 13,936,974 TOTAL FUNDS AVAILABLE FOR 2008 -2009 AND 2009 -2010 $ 40,419,380 $ 38,829,352 BJB /bb 9 -03 -09 6 09 -10 Tentative Hearing 16 1 INCOME RECAP PROJECTED FUND BALANCE CARRIED FORWARD: Budget Budget Cash Reserve at 9 -30 -08 and 9- 30 -09: 2008 -2009 2009 -2010 Designated $ 13,395,594 $ 13,936,974 Undesignated $ - Total at 9 -30 -08 and 9 -30 -09 $ 13,395,594 $ 13,936,974 PROJECTED REVENUE - 1.00 Mil AD VALOREM TAX REVENUE $ 25,518,879 $ 24,038,878 ESTIMATED INTEREST $ 480,386 $ 455,000 ESTIMATED FIREWATCH FEES $ 25,000 $ 30,000 ESTIMATED OTHER INCOME $ 999,521 $ 368,500 TOTAL INCOME ESTIMATED $ 27,023,786 $ 24,892,378 PROJECTED FUND BALANCE AT 9 -30 -08 AND 9 -30 -09 $ 13,395,594 $ 13,936,974 TOTAL FUNDS AVAILABLE FOR 2008 -2009 AND 2009 -2010 $ 40,419,380 $ 38,829,352 BJB /bb 9 -03 -09 6 09 -10 Tentative Hearing EXPENDITURES Expenditures of the General Fund are categorized as follows: Personnel Operating (Based on Option 2 - 1 Mil) Debt Service Capital Amended Budget 2008 -2009 $ 21,590,657 $ 3,859,382 $ 739,003 $ 1,604,253 16I Budget 2009 -2010 22,649,969 3,752,979 483,000 Total Expenditures $ 27,793,295 1 $ 26,885,948 Personnel related expenditures constitute 84% of the total budgeted expenses for the 2009 -2010 fiscal year, as compared to 78% for the 2008 -2009 fiscal year. Total personnel expenses for 2009 -2010 reflect an increase of $1,059,312, or 5% as compared to the personnel expenses for the 2008 -2009 fiscal year. It is notable that personnel expenses only increased 5 %, even though the Collective Bargaining Agreement provides for 3% wage increases, and health insurance costs are anticipated to increase more than 30 %. Operating expenses represent those costs associated with operating and maintaining District facilities and operations. The operating expenses contained within the 2009 -2010 budget represent a decrease of $106,403, or 3%, as compared to the 2008 -2009 budgeted operating expenses. The District has no debt at October 1, 2009, and does not anticipate incurring any during the course of the 2009 -2010 fiscal year. Therefore, there is no required provision for debt service payment. Capital Expenditures provide for the purchase of capital assets, including vehicles, apparatus, computers and equipment that exceed $1,000 in cost and have a useful life of more than one year. The total capital expenditures provided for in the 2009 -2010 budget represent a decrease of $1,121,253 or 70% as compared to the prior year's expenditures. This decrease is due to the elimination of all capital expenditures not identified as immediate priorities of the District. Total budgeted expenditures of the General Fund for the fiscal year 2009 -2010 reflect a decrease of $907,347, or 3% as compared to total General Fund budgeted expenses for the prior year. BJB /bb 9 -03 -09 7 09 -10 Tentative Hearing 161 PERSONNEL EXPENSES STAFF WAGES AND BENEFITS Employee wages represent the largest percentage of the District's personnel, as well as total, expenditures. Projected expenses for the 2009 -2010 year are based on the addition of no new positions, and the elimination of two Chief Officer positions and a part -time data base technician. Pay scales for the 2009 -2010 fiscal year reflect the 3% salary and step increases for bargaining unit employees pursuant to the terms of the Collective Bargaining Agreement. A 3% cost of living wage increase, as well as performance based increases pursuant to District Policy and in lieu of step increases are provided for non - bargaining unit employees. 001 - 5220 - 012 -000. 012 -002 SALARY - PERSONNEL AND PREVENTION - BUDGET LINES 30 AND 31 Budget Budget ELECTED OFFICIALS 2008 -2009 2009 -2010 Commissioners 5 5 TOTAL ELECTED OFFICIALS 08 -09 5 09 -10 5 ADMINISTRATION PERSONNEL Fire Chief 1 1 Assistant Chief - Support Operations 1 0 Assistant Chief - Emergency Operations 1 1 Assistant Chief - Administrative Services 1 1 Deputy Chief Operations 1 0 Deputy Chief of Fleet & Equipment 1 1 Deputy Chief of Safety &Training 1 1 Deputy Chief of Projects & Facilities Mgmt. 1 1 Deputy Chief of Medical Services & Com. Rel. 1 1 Officer Manager 1 1 Public Information Officer 1 1 HR Generalist 1 1 Accounts Payable /Receivable Accountant 1 °I Administrative Assistants 2 3 Data Entry Clerk 1 0 Maintenance Worker 1 1 Custodian 1 I Fleet Mechanics 1 `i Fleet Technician 1 1 Computer Network Administrator 1 1 Part -Time Data Base Technician 1 0 TOTAL ADMINISTRATIVE PERSONNEL 08 -09 22 09 -10 19 Note: Budgetary provision made for employees paid under Early Retirement Incentive BJBlbb 9 -03 -09 8 09 -10 Tentative Hearing 16 1 1 Budget Budget 2008-2009 2009-2010 FIRE PREVENTION Fine Marshal 1 1 Deputy Fire Marshals 2 2 Fire Inspectors 11 W |nspector/Pub|ioEducation 1 1 AdrninistativeAssistants Z 2 ITOTAL FIRE PREVENTION PERSONNEL 08-09 17 09-10 1 TRAINING Battalion Commander of Training (Plus 3 Captains on 3hift Zeflected Below) SPECIAL OPERATIONS Battalion Chief of Facilities _ ITOTAL SPECIAL OPERATIONS 08-09 1 09-10 1 EMS COORDINATOR Captain 1 1 LOGISTICS Captain 1 1 OPERATIONS Battalion Chkshs 3 3 Captains 10 10 Lieutenants 2 O �U Engineers 30 30 Firefighters 63 53 [TO7TAL.S.HIFT PERSONNEL 08-09 126 109-10116 Note: Budgotaiyprovisionmarle fOr��lo.Veespeic] under F�Wy Rleth-maenfh7cenbiv-j 161 1 Ai TOTAL EMPLOYEES/ELECTED OFFICIALS: Budget Budget 2008-2009 2009-2010 Sworn FIF 164 Sworn FF 140 Civilian '15 Civilian 14 Commissioners 5 Commissioners 5 Full Time Emp. 1680 Part Time 1 Commissioners 6 Full Time Emp. 154 Part Time -0- Commissioners 5 ITOTAL PERSONNEL 108-09 174 109-10 159 1 GENERAL FUND $ 11,520,504 11,533,928 PREVENTION $ 634,775 646,992 INSPECTION (See Insp. Fee Fund Budget) $ 612,353 564,946 FTOTAL SALARIES 108-09 $12,768,132 1$ 12,745,866 1 BJB/bb 7-09-0917-17-0913-07-09 10 09 -10 D rafi I 161 1 W 001 -5220- 011 -000 BOARD OF FIRE COMMISSIONERS- SALARIES - BUDGET LINE 32 The Board of l=ire Commissioners is a five- member Board elected by the voters residing in the District. Each Commissioner must be a resident of the District, and serves a four year term. The Board holds a monthly public meeting the second Thursday of each month to set policy, approve budgetary actions and provide direction and guidance to staff. Additionally, the Board conducts special meetings, workshops and hearings as needed throughout the year. The annual salary for Commissioners is established by Florida Statute, and has remained constant since 1996. Total $ 30,000 1 $ 30,000 BOARD OF FIRE COMMISSIONERS -OTHER BENEFITS - BUDGET LINES 56 AND 65 Florida Statute establishes the independent fire district's responsibility to provide benefits for elected officials. 001 - 5220 - 023 -005 Health and Dental Ins. Annual Cost: 1 Commissioners- SeWSpouse 2 Commissioners - Family $ 2 Commissioner -Self $ f� Budget 2008 -2009 '16,44.5 26,738 6,598 49,73' Budget 200? -2010 $ '16,247 $ 41,204 $ 16,500 $ 73,961 Vote: Annual Cost is equivalent of COBVIZA rate (premium) less anticipated rate adjustment for plan change Life Iris. Annual Cost: 5 Commissioners - $51.00 $ 5'1 $ 51 Total - Health /Dental /Life $ 49,832 $ 74,002 QJQ/he 7- 09- 0911- 17- 09i8-07 -o9 11 09 -10 Draft �;�I Budget Budget 2008 -2009 2009 -20`10 Position Annual Salary Annual Salary Chairman $ 6,000 $ 6,000 Vice - Chairman $ 6,000 $ 6,000 Secretary/Treasurer $ 6,000 $ 6,000 Commissioner $ 6,000 $ 6,000 Commissioner $ 6,000 $ 6,000 Total $ 30,000 1 $ 30,000 BOARD OF FIRE COMMISSIONERS -OTHER BENEFITS - BUDGET LINES 56 AND 65 Florida Statute establishes the independent fire district's responsibility to provide benefits for elected officials. 001 - 5220 - 023 -005 Health and Dental Ins. Annual Cost: 1 Commissioners- SeWSpouse 2 Commissioners - Family $ 2 Commissioner -Self $ f� Budget 2008 -2009 '16,44.5 26,738 6,598 49,73' Budget 200? -2010 $ '16,247 $ 41,204 $ 16,500 $ 73,961 Vote: Annual Cost is equivalent of COBVIZA rate (premium) less anticipated rate adjustment for plan change Life Iris. Annual Cost: 5 Commissioners - $51.00 $ 5'1 $ 51 Total - Health /Dental /Life $ 49,832 $ 74,002 QJQ/he 7- 09- 0911- 17- 09i8-07 -o9 11 09 -10 Draft �;�I W� �� � -� °� �� � _� RETIREMENT - COMMISSIONERS - BUDGET LINE 65 As of June 1. 2803' all elected officials participate in the Florida Retirement System. The Division of Retirement requires that all contributions to this plan be made by the employer. Estimated contribution requirements for the 2008-2009 budget are arrived at by multiplying the budgeted salary for the Commissioners by the Elected Officials contribution rate established by the Division of Retirement. Budget Budget 2003-2009 2009-2010 SALARIES HEALTH/DEBlAUL|FE|NS. RETIREMENT Budget Budget 2008-3009 2009-2018 $ 30'000 $ 30'000 $ 49`832 � 64,608 oJa/ub 12 0>10D raft #1 ON CALL PAY - BUDGET LINE 33 1 6 K 1 � ( Members of the collective bargaining unit who are assigned to an on call status received $1.50 per hour for all hours on call per the Collective Bargaining Agreement. Eotirneted costs are based on current year actual Costs. Budget Budget 2008-2009 2009-2010 mumu,*y-0on'17-ooe-0r-0o 13 Og-1ODm 'IL �1 001 - 5220-015-000,.002 PROFESSIONAL PAY - BUDGET LINES 34 & 35 161 1 P' Professional Pay is compensation to those employees who maintain an additional qualification to perform other emergency or job related responsibilities, and include the following categories establishing the area or expertise, the certfication and the amount provided per pay period. The compensation amount is established via the Collective Bargaining Agreement for bargaining unit !employees and Disctrict Policy Section 5 for non- bargaining unit employees. The pay for EMT and Paramedic certifications are included in the salary for bargaining unit employees. Budget Budget 2008 - 2009 2009 -2010 EMT Certification ( Non - Bargaining Now in Salary ) $ PMD Certification (1 08 -09) Non - Bargaining Now in Salary $ EMS Degree (13 (11 08 -09) at $100 /Pay Period) Fire Degree (32 (24 08 -09) at $100 /Pay Period) $ Bachellor's Degree (in Salary for Non -Barg) $ Fire Instructor /Fire Officer (2 at $100 /Pay Period 07 -08/ 4 PP 08 -09) Non -barg in Salary Fire Investigator /Fire Inspector (2 at $100 /Pay Period) MAKO Tech (3 at $30 /Pay Period and 1 at $50 /Pay Period) Nozzle Tech ( -0- (1 08 -09) at $30 /Pay Period and 1 at $50 /Pay Period) Team Leaders (4 at $150 /Pay Period) Asst. Team Leaders (4 at $110 /Pay Period) Payroll and HR Certifciations (2 at `;75 /PP) Automotive Certifications (5 at $50 1PP) New Certifications, Including FIELD TRAINING OFF°°IC'V —RS $ 8,990 $ 7,253 $ 28,800 $ 69,600 $ 10,800 $ 9,600 $ 4.,800 $ $ 31,200 76,800 3,600 4,600 4,800 3,360 1,920 $ 1,200 14,400 $ 14,400 10,560 10,560 31600 $ 3,600 6,000 $ 6,000 TOTAL I $ GENERAL $ PRIEVIHiNTION INSPE;c `T"I� V-1 FEE-' FUND (See Insp. Fee Fr1d. _ 5,000 $ _ 20,000 181,323 $ 180,120 'I 3'(J',!-)42 16 f:i;,120 7,2()0 %F, 130() Rud) 4,8WO :� 12,000 TOTAL $ 150,542 $ 181,920 00-10 Draft ;fl BJB /bb 7- 09- 0917 -17- 09(8 -07 -09 �= 161 1 � 001-5220-014-000,001,002,003,004,005,006, 007 008 OVERTIME - BUDGET LINES 37 - 45 Overtire is paid to meet minimum manning shift requirements, when qualified replacement personnel are required to fill position vacancies caused by illness, vacation, education, and kelly days, and in the event of a District wide emergency. Overtime includes regular overtime, firewatch, special teams, fire prevention, beach patrol, paramedic training, instructors for District training and the CERT Team, administration, and reimbursable training by the State or other agencies. The 2008 -2009 budget reflects a detailed breakdown of operational, administration and fire prevention overtime which has not been identified in previous years. $ 30,000 Investigator Called In $ Budget; $ Budget Overtime- Operations $ 2008 -2009 $ 2009.2010 Call Back $ 7,000 $ 7,000 Held Over $ 10,500 $ 10,500 On Call Safety Officer $ 7,000 $ 2,000 Radio Repair & Maintenance $ 7,000 $ 7,000 Medic Differential $ 2,000 $ 2,000 PMD Min. Staffing $ 35,000 $ 5,000 Air Compressor Repair $ '1,000 $ 2,000 Nozzle Repair $ 1,000 $ 1,000 General Operations $ 129,500 $ '163,500 TOTAL - OVERTIME - OPERATIONS $ 200,000 $ 200,000 Overtime - Maintain Staffing Level $ - $ 493,778 Overtime- Prevention $ 50,000 $ 30,000 Investigator Called In $ 2,769 $ 3,500 Night Inspection $ 7,027 $ 8,000 Inspector Called In ,$ 5,224 $ 5,500 After Hours Inspections (Reimbursable) $ 1,183 $ 2,000 General Fire Prevention $ 31098 $ 4,000 TOTAL - OVERTIME - PREVENTION TOTAL - OVERTIME - ADMINISTRATION $ 1-9,-30-1--F$ $ 23,000 Overtime -Beach Patrol $ 1,000 $ '1,000 TOTAL - OVERTIME - BEACH PATROL $ 1,000 $ 1,000 Ovortirrie- Firewatch $ 50,000 $ 30,000 TOTAL - OVERTIME - FIREWATCH $ 50,000 $ 30,000 Ovortime-Admirristration mechanics $ 3,500 $ 3,000 Payroll $ 10,000 $ - General Administration $ 9,000 $ 3,000 TOTAL - OVERTIME - ADMINISTRATION $ 22,500 $ 6,000 QJe;bn 7- 0e- oCn- 17- 09i8-07 -09 15 09 -10 Draft is =1 Overtime.-Training Training (instructors) CERT(instnuctorS) TOTAL - OVERTIME - TRAINING overdnng-Spocim|Temn/s Dive Team -2D Hours Per Contract Maz&go1 3G Hours Per Contract TFlT-8O Hours Per Contract Boat Team -21 Hours Per Contract CERT Budget 20O0'2OUB � 38,400 $ 8 3,000 $ 41,400 $ 34.032 $ 57,305 $ 80,083 $ 16.80O included in Training _ TOTAL 188 1 6 U l # \ Budget 2O0g-2O10 27,000 3,000 $ 35'O53 $ 59,024 $ 82,485 $ 17,160 included in Training Overtime-Paramedic Training The financial provision for paramedic overtime training will provide for paqu{n*d tnaininng and the resulting overtime for -the Ois[rict's paramedics. 35000 50000 — Overtime-Reimmbunsemb|eTnsining This budget line provides forthe payment of overtime -for District instructors and members for training which is neinnburseab|e from state or federal funds. 18 O9'10Dmf#1 aJB�u roy0s�-1r�om�r�n 20,000 $ 20,000 18 O9'10Dmf#1 aJB�u roy0s�-1r�om�r�n TRAINING BONUS-BUDGET LINE 46 16 1 1 �`\ Members of the Dive Rescue Tamnn, Technical Rescue Teann, Haznnat Team, and Boat Rescue Team who complete 70q6 of their training receive an annual bonus of $300 each. paid September 30. paid on September 3O, per the Collective Bargaining Agreement. Additionally, the Collective Bargaining Agreement provides for one time bonus paymenf.s for attaining certain certifications. Budget Budget 2008-3009 2008-2010 HazKDat(34Members) $ 10.200 10.200 TRT/29Members) $ 8.700 8.700 Boat Rescue (16Members) $ 4.500 $ 4.500 Dive Rescue (25Members) $ 7.500 $ 7.500 Bonuses for State Certifications $ 13.000 $ 14.100 EMPLOYEE HOLIDAY PAY-BUDGET LINE 36 Holiday pay is paid to bargaining unit personnel on shift pursuant to the terms of the Collective Bargaining Agreement. Each shift employees is paid for11 holidays, O hours per holiday, nra total of 88 hours. The paid holidays consisting of New Year's Day, Mai-tin Luther Ring, Jr.Oay, President's Day, Memorial Day, July 41h, Labor Day. Veteran's Day. Thanksgiving Doy, Day After Thanksgiving, Christmas Eve and Christmas Day. Payment is made September 30 annually. Budget Budget 2008-2003 2008-2010 304,784 $ 288,748 ITOTAL 304,784 $ 288,748 N16 @ N 001-5220-015::003 Q�L6 EMPLOYEE SICK TIME PAYOUT-BUDGET LINES 48 & 49 Pursuant to the herrr)s of the Collective Bargaining Agreement and Section 10 of District Policies, employees are paid forearned, unused sick tirneas' September 30of each fiscal year ai10O%of ,their hourly rate. Ernp|oyeeshaxe the option of receiving payment for all unused sick time, or transferring portion of the time to personal time forfutuna use. The number o f hours which may ' \d bank asmxeU@s the nnaxinnunnaccrual nfpersonal hetr@nShan�dt0aD�n0p|oyeaspe[sVna time . time, is in Collective Bargaining /\oremrneniand Section 10 of District Policies. For ' O5 tof the rnaxirnurnpay out for all ennp|oyeesisused. budgeting purposes, percent GEyJERALFUNO PREVENTION INSPECTION (See Insp. Fee Fund Budget) TOTAL Budget Budget 2008'2008 2009-2010 $ 443`622 $ 421'978 � 10`076 $ 20'648 19,326 $ 17,234 EMPLOYEE VACATION PAYOUT-BUDGET LINE 47 Upon maparatonfnonniheDiathctnr upon entehngthe Rohda RebnanlentSvstenn DROP prognann. ' paid their accrued, earned unu�edv�caiiunhouns(uptnarnaxirnurnof5OO ernp|nyee�anapa / er . ` hours) at their hourly rate, pursuant to 'the Collective Bargaining Agreement and District Policies. At 'this time, no employees have provided notice of their intent to retire during 'the 2008-2009 fiscal year. An estimated amount has been identified to provide for all employees who will have 25 or more years of service by September 3O.2OOS. Amended Budget Budget 20033'2OO9 2003'2010 50,000 TOTAL oJomu 7-09-09/7-17-0913-07-09 \D 0-10 Draft hl U 1 P 16 001-5220-022-000,002, 003,004, RETIREMENT-BUDGET LINES 61 - 66 The employees of the District participate in one oftwo retirement plans - the Chapter 175Firefighters' Pension Plan, or the Florida Retirement System. All certified firefighters hired prior to January 1. 1996. and all elected officials and administrative staff purticipate in the Florida Retirement System (FRG). except for the Fire Chief. Pursuant to requirements of the Division of Retirement, all contributions to this plan must be made by the ornp|nyar. Contribution rates are established by the Division of Rstirennent, and are effective for their fiscal ya@/' which runs from July 1 to June 30. Estimated budgeted costs are determined by multiplying anticipated wages of participating employees by the appropriate contribution rate for those employees participating in the Florida Retirement System (FRS) and by multiplying wages by the contribution rate identified by the Pension Plan actuary for those employees participating in the Chapter 175 Firelighters' Pension. Florida Retirement System Budget Budget FRS Retirement Rates 2008-2009 2009-2010 Special Risk -40 Employees at2O.9296 8 1.345.825 $ 1.057.099 -- Regular Rate -14 Employees a19.D596 69.558 $ 74.620 Elected Officials- 5at10.5396 See Budget Line#57 See Budget Line #57 Total Participants -53 GEyJERALFUNO 1'360.876 $ 1,131'719 PREVENTION 54.407 $ 58'223 INSPECTION FUND (See Insp. Fee Fund Budget) 16 1 1 P Chapter 175 Firefighters' pension All firefighters hired by the District after January 1, 1996 participate in the Chapter 175 f=irefighters' Pension Plan. Contributions to the plan are funded partially by State Premium Tax Funds, with the balance paid by the District. Currently, the District may utilize up to $1.746 million annually of those state funds to offset the District's required contribution, as determined by an annual actuarial study prepared on behalf of the Pension Plan's Board of Trustees. All State Premium Tax Funds receiveed in excess of the $1.746 million must be used to fund extra benefits. Contribution Gate Per Actuary - 19.60% Total Participants - 100 Budget 'Budget 2008 -2009 2009 -2010 1,405,709 GENERAL $ 1,313,255 $ 1,682,858 PREVENTION $ 87,454 $ 97,723 INSPECTION (See Inspection Fee Fund Budget) $ $ - TOTAL $ 1,405,709 $ 1,680,581 RETIREMENT/HEALTH INSURANCE - FIRE CHIEF Pursuant to the Employment Contract between the District and the Fire Chief, the Chief has the option of participating in the Chapter 175 Firefighters' Pension or a 401(A) Plan. The Fire Chief has opted out of tine Chapter 175 Firefighters' Pension, and pursuant to the terms of the Employment Contract, a 401(A) has been established. The contribution rate for-that plan is 26.91 %. The Budgetary provision reflects the District's liablity through the termination of the Early Retirement Incentive, April 30, 2009 Budget Budget 2008 -2009 2009 -2010 9� 58,704 25,364 TOTAL 58,704 $ 25,364 BJB1bb 7- 09- 09n -17- 09/8 -07 -09 20 09 -10 Draft 1 0101 -5220 -021 - 000,001 SOCIAL SECURITY - BUDGET LINES 50 & 51 161 1 RA Employers are required to pay social security taxes at the rate of 6.20% on all wages up to a maximum of $106,800 per employee, and medicare taxes at the rate of 1.45% on all wages paid to employees. For budgetary purposes, the total wages budgeted are multiplied by 6.20% and 1.45% to arrive at the estimated social security contribution for the 2009 -2010 fiscal year. GENERAL PREVENTION Budget Budget: 2003 -2009 2009 -2010 1,005,687 $ 1,030,566 49,559 $ 53,201 INSPECTION (See Inspection Fee f=und Budget) $ 50,391 $ 44,13E TOTAL $ 1,105,637 1 $ 1,135,903 001 -5220- 024 -000, 001 WORKERS' COMPENSATION INSURANCE - BUDGET LINES 59 & 60 The District provides worker's compensation insurance coverage for all employees as required by law. One hundred percent of all wages paid are subject to worker's compensation, except for overtime. Only two - thirds of overtime paid is subject to worker's compensation. The rates currently in effect for the 08 -09 fiscal year are 3.97 % for higin risk employees and .30% for clerical employees. For budgeting purposes, a rate increase to 4.85 %, based on the current experience rating, has been used. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) Amended Budget 2008 -2009 > 652,739 47,261 Budget 2009 -2010 672,897 4a 33,094 TOTAL $ 700,000 1 $ 705,991 BJ9 b 7- 09- 09/7 -17- 00;8 -07 -09 21 0 9- 10 D raft ;s` -'1 0 K 1 � ` �� Y � 0�h � SH0RTTERK8/LONG TERM DISABILITY-BUDGET LINES 52 &53 Pursuant to the Collective Bargaining Agreement and District Policies, short term (G rnnndhn) and long term disability insurance is provided for all ernp|oyeos, excluding elected officials. All pnanniunns are fully paid by the District. The District self insures short term disability coverage. Wages up to a maximum of $1,200 per week are subject to short and long term disability benefits. Cost estimates Tor budgetary purposes are based on current rates, factoring ina1O96increase over the 2009 contractual cost. Amended Budget Budget 2008-2009 2009-2010 GENERAL 60,232 53,524 PREVENTION 0'00 0 INSPECTION (See Inspection Fee Fund) momur-0s-C917-/r-0sm-orno 22 09'10D raft #1 • 001 - 5220 - 023 -000, 003,005 LIFE /DENTAL /HEALTH INSURANCE - BUDGET LINES 54 - 56 The District provides life insurance in the amount of $50,000 for all full -time employees, and health, dental and vision insurance for all full -time employees and their dependents, and for retirees pursuant to District Policies. Currently, the District has a fully insured health insurance plan with Blue Cross/ Blue Shield. Life insurance is provided by Standard Insurance. Costs provisions for life, dental, vision health insurance for the 2009 -2010 fiscal year are based on current year actual costs and an anticipated rate increase of 30 %. LIFE INSURANCE Employees ($50,000) $ Retirees ($5,000) Commissioners ($5,000) $ Total -Life Insurance $ HEALTH INSURANCE chi DENTAL INSURANCE Budget 2003 -2009 Annual Cost 21,308 135 75 Budget 2009 -2010 Annual Cost $ 21,803 $ 135 $ 75 22,018 $ 22,018 General $ 2,623,969 $ 2,968,054 Prevention $ 121,199 $ 268,604 Commissioner; $ 49,832 $ 74,002 Inspection $ - TOTAL $ 2,800,000 $ 3,310,660 001 - 5220 - 023 -009 HEALTH SAVINGS ACCOUNT EMPLOYER CONTRIBUTION - BUDGET LINE 58 In 2007 -2008, the District established a Post Employment Health Plan to provide funds for eligible employees' health insurance costs after retirement. The plan is solely employer funded. The District makes an annual contribution of $7,000 per eligible employee. Elgibility is established by Article 21 of %he Collective Bargaining Agreement and District Policy Section 14. Current criteria requires an employee to have twenty years of service i:o be eligible ter a District contribution. For those employees with twenty five years of service, a one time election was made io participate in the Post Employment 1-1,ealth Plan or retain the former post retirement benefit of District premium supplementation. The 2009 -2010 budgeted amount reflects the Districi.'s annual ?7,000 for all eligible employees, as well as the possible one time [)Ely out for employees eligible to retire. Amended i= q�(u(dget 2009-2010 Budget 2008-2009 TOTAL $ 28,000 $ 105,000 aJB;rn 7- 09- 0917-17- 09/3 -07 -09 2.3 09 -10 Draft 1 ~ EMPLOYEE PHYSICALS - BUDGET LINE 68 161 1 �� All personnel employed Linder the terms ofthe Collective Bargaining Agreement and all sworn employees covered by Section 25.03 of the District Policies are required -to undergo an annual physical performed by the District physician consisting of specified criteria. The District pays 100% of the cost. Pursuant to the &anne of Section 25.08 of the District Policies, all non-sworn administrative staff have the option of an annual physical, performed by the District's physician. The District pays 100% of the cost of 'the physical consisting of specified criteria. The District also provides fit for duty and pre-employment physical exanns, via the District Physician. The District also pays 100% of these costs. Estimated costs for the 2009-2010 fiscal year are based on the cost for each category of physical exam provided pursuant to the agreement between Physician's Regional Medical Center, Dr. Paul Hobaica and the District. Provision for annual fIu shots is also nnade. Budget Budget 2008-2008 2009-2010 RETIREMENT RECOGNITION-BUDGET LINE 69 There are no scheduled retirements during the 2009'2010 fiscal year. However, provision has been made for those retirements which may occur of which staff is not yet aware. BudQet Budget 2008-2009 2009-2010 UNEMPLOYMENT INSURANCE -BUDGET LINE 67 In November of 2007, the District made, application to participate in the State Unemployment Insurance Program. Cost for the 2009'2010 year is based on the formula established by the State, reflecting the statutory increase passed in the 2009 legislative session. That raha is 2.7% of the first $7'000 earned by each employee. Budget Budget -- 2OO"3-280 9 2003'2010 F3JB/bh 7-09-6917 17-09/3-07-09 09-10 Draft -,,M OPERA VNG 161 1 P LIABILITY, AUTO AND BUILDING INSURANCE-BUDGET LINE 80 The District maintains general |iabi|bv, autm, property, EXPENSES aooident, sickness and umbrella coverage throughYF|G Insurance Company. Cost projections are based on current premiums plus an additional 10%, the average increase in premiums over the last four years. Budget Budget 2008-2009 2009-2010 TOTAL 343,549 $ 377,904 001 -5220-041 -00t 002,100 - 106 COMMUNICATIONS-BUDGET LINE BM The Communications budgets lines provide for the District's expenditures for the repair and maintenance of all radios. The 20O9-2O1O budget reflects adecrease o/$Yg,0Q0,or3OY6' p�,connn;:3redto the oriorYea/sbudget. 1OO Portable Batteries VHF Replacement Pagers (5) Replacement Headsets Belt Clips Radio Cases Chargers Headsets for Engineer Portables Collar Microphones 3 VHF Mobile Radios Repair Budget Budget 2008-2009 2009'2010 $ 6.000 $ 5.000 $ 2.000 S - $ 4.000 $ ' $ 1.000 $ ' $ 2.000 5 - $ 3.000 $ ' S 2.000 $ - � 2.000 � 12.000 10.000 TOTAL 34,000 $ 15,000 Buamurosn917-1/-0ym-0r-0y 25 08-1UD Fact #1 001 -5220-041-000, 041-111 - 121 TELEPHONE-BUDGET LINE 82 '�\ 16 1 1 The provision for telephone services includes the cost oftelephone service for all District facilities, the cell phone contract cost, the cost of the data lines, data cards and telephone maintenace and Repair. Budgeted amounts napneseniihe current year costs of all nOrnponenhs, including contracts in effect for data lines and cell phone service. The 2ODS-2O1O budgeted amount represents adecrease of$21,fO(\orYU% as compared to the prior year budget. Budget Budget 2008-2009 2009-2010 Station 40 Note: For 2008-2009 $ 4.700 Station 42 budgeted a/noont $ 3.800 Station 43 was not identified $ 2.500 Station 44 by station $ 4.600 Station 45 1$ 40.000 Station 46 $ 2.800 Station 47 $ 4.200 Taylor Road Facility $ 900 Long Distance Service $ 3.000 Data Lines (ErnbarqContract) $ 52,000 Cell Phones "I's 28.800 — Te|ephoneK8aintenanoS/3en/ice $ 7.000 Data Cards $ 15.800 001 -5220-043-000, 001 - 010 UTILITIES-BUDGET LINE 83 As with the provision for telephone services, the arnount provided in the utilities budget line in determined by actual current year fiscal expenses. The 2OD3-2O1O budget represents an increase of $20,084 or '10% as compared to 'the 2008-2009 budgeted amount. Bud8et Budget 2808'2009 2008'2010 mamu 7-09o917-17u918n7n9 23 00-10 Dml�#1 001 - 5220 -046 -009, 046 -100 -103 VEHICLE MAINTENANCE AND REPAIR - BUDGET LINE 84 The District operates a vehicle and apparatus maintenance facility and employs two full time mechanics to service the fleet. The purchase of parts to accomplish these repairs, as well as other anticipated maintenance items and services, excluding fuel and oil, are reflected in this expense line. Additionally, the cost for external repair services is included to provide for services which cannot be per Formed at our facility. The 2009 -2010 amount budgeted reflects an increase of °x21,700 or 7 %. T his increase is a result of the identified need to rebuild the transmission for Engine 42 and the engine for Ladd Outside Repairs- Apparatus Apparatus Parts Annual Inspection of Ladders, Aerials and Pumps Rebuild Engine - L40 Rebuild Transmission - E42 Staff Vehicle Maintenance Budget Budget 2000 -2009 2009-2010 97,300 $ 95,000 $ 164,200 $ 162,500 9,300 $ 6,500 - $ 15,000 8,500 50,000 `;> 55,000 Total $ 320,800 $ 342,500 BJ6 /bb 7- 09- 09/7 -17- 0912 -07 -09 27 0 9.10 Draft # ,'l � �~ i =� �� 1�\ _. 001 -5220-046-Pi 0-,- 01 13-1 46-10-1 - 224 BUILDING MA\NTENANCE-GENERAL-BUDGET LINE 85 The District operates and maintains 7 fire stations, administrative and fire prevention headquarters, and a shop/maintenance facility. Contained within BudoetU &q n�O5-Bui|dingaintenanCe-Genens|onaprov�ions forro—inenepairand` maintenance items and services fnrall of the District's facilities. Service needs vary from weekly, monthly and annuaUy, to an as needed basis. Some service or maintenance/repair d9nnaCeonot8ccu[@tek/beaSsjgnedto a specific station. It in difficult to anticipate which station might need glass nap|umad' for example, or overhead door repair. Therefore, this line provides for repair and maintenance of iterns by type of service or repair, rather than by location of The amount budgeted in2O09-2O1O reflects a decrease of $21'354or0Y6 as compared to the the prior year's budget. Budget 2O09-201O 66,400 7,000 10,000 1,000 5,500 4,500 2,000 7,500 5,000 3,000 3'OOO 3.400 18,000 9,000 4,000 7,000 ��10D��#1 BJB/bb 7-09-09/7-17-09/8-07-09 28 Bud0mt 2DOO-20O9 Outside Maintenance-AN11 Facilities ---n -- — (Inc. ' �d/��d] � �O.4OO � Landscape Maintenance � 1O000 . � Say Door Service and Repair $ 15.000 � Glass Replacement $ 1.050 $ Lift Station Servioe& Repair $ 91270 8 Pest Control $ 4.500 $ Fuel Punnp Service &Repair $ 2.000 $ Generator Repairs and Service $ 7.500 $ Fuel Tank Repair/Service 3 5.000 $ Lake Maintenance and Repair (Gt�45> � $ 0.5OO $ Lawn SphnWerFlepair $ 3,000 � _ Outdoor Electric Repair & Service $ 3.425 $ Miscellaneous Outside Repairs 28.000 $ Replace A/C Comp/Handler 9.000 � Vacant Property Maintenance $ ExoticVogetodon Removal '10,000 $ _ Total-Outside 180,625 $ Budget 2O09-201O 66,400 7,000 10,000 1,000 5,500 4,500 2,000 7,500 5,000 3,000 3'OOO 3.400 18,000 9,000 4,000 7,000 ��10D��#1 BJB/bb 7-09-09/7-17-09/8-07-09 28 161 1 R\ Inside Maintenance -All Facilities Electrical Repairs and Service $ 9,270 $ 6,000 Plumbing Repairs and Service $ 3,000 $ 5,000 A/C and Ice Machine Maintenance Contract $ 3,000 $ 14,000 A/C and Ice Machine Unexpected Repairs $ 4,050 $ 4,000 Air Conditioning -Duct Repair /Inspection /CIg. $ 111,003 $ 10,000 Appliance Repair and Service $ 3,000 $ 2,000 Fire Alarm Testing /Monitoring $ 3,500 $ 4,226 Fire Alarm Repairs and Service $ - $ 2,000 Fire Sprinkler Testing $ 2,200 $ 2,500 Fire Sprinkler Repairs and Service $ - $ 2,500 Hood /Extinguisher Testing $ 1,947 $ 2,300 Hood /Extinguisher Repairs and Service $ - $ l,500 Carpet /Furniture Cleaning $ 3,000 $ 3,000 Miscellaneous Inside Repairs $ 15,000 $ 6,000 Maintenance Tools and Equipment $ - $ 2,000 Maintenance Contract - Fitness Equipment $ $ 1,690 General Maintenance Supplies $ - $ 5,000 Station Audio and Visual Equipment $ - $ 2,500 Carpet /Furniture Replacement (Non- Capital) $ 9,270 $ - Total- Inside Maintenance $ 73,245 $ 76,216 TOTAL 1 $ 253,870 $ 232,516 The following budget lines represent expenditure amounts for individual stations. The 2009 -2010 budget lines for indvidual stations reflect specific items which need to be purchased as identified by Support Services and a general amount for repair and maintenace, since these items cannot always be identified when the budget is created. 001 -5220- 046 -300, 301 BUILDING MAINTENANCE - STATION #40- BUDGET LINE 86 Budget: 750 '150 700 1,300 4,500 TOTAL -� - 4,500 $ 7,400 BJB/bb 7- 09- 09/7 -17- 09/8 -07 -09 7.9 09 -10 Dram Budget 2003 -2009 Station Repair and Maintenance $ 1,000 $ Shower Door Replacement $ 1,200 $ Television Replacement ,7 500 $ Replacement Vanities 11; 1 ,1300 Replace FAX Machine Repair Commercial Si.ove $ - Replace Grill (Including Install) Replace 6 Recliners Budget: 750 '150 700 1,300 4,500 TOTAL -� - 4,500 $ 7,400 BJB/bb 7- 09- 09/7 -17- 09/8 -07 -09 7.9 09 -10 Dram JU 6 1 0 �'� 001-5220-046-302, 303 BUILDING MAINTENANCE - STATION #42-BUDGET LINE 87 001-5220-046-304,3 306 BUILDING MAINTENANCE - STATION #43-BUDGET LINE 88 Budget Budget 2OUO'2DD8 Station Repair and Maintenance 2008'2009 4.000 2009-2010 Station Repair and Maintenance 8 5.800 $ 1.000 Paint Exterior $ 4.000 $ - Install Shower Doors, Tile Wall 8. Dura Rook $ - $ 2.500 Clean Tile $ $ - - $ $ 1.200 500 2O AMP Circuit for Treadmill $ ' Bay Floor Repair $ - $ 4.000 Replacement Items/Purchases $ 500 001-5220-046-304,3 306 BUILDING MAINTENANCE - STATION #43-BUDGET LINE 88 Budget 2OO9-2O1U $ 1.5OD 8 TOTAL 21,200 $ BJBibb 7-09-09/7-17-09/8-07-09 30 2,500 0 0'10 0 raT� I Budget 2OUO'2DD8 Station Repair and Maintenance $ 4.000 Paint Exterior $ 8.500 Microwave � ___ 2OO Dining Room Chairs 8 1.200 Rep |acenentRediners $ 2,500 Replacement Television $ 500 }�ep|@cenOeOtShovverDoors $ 1 . 600 Replacement Vanities $ 2.700 Parking Lot Reseal and Striping $ ' Budget 2OO9-2O1U $ 1.5OD 8 TOTAL 21,200 $ BJBibb 7-09-09/7-17-09/8-07-09 30 2,500 0 0'10 0 raT� I � � U�x 8 � ��m�v � �� 001-5220-046-307. 308 BUILDING MAINTENANCE-STATION #44-BUDGET LINE G9 001-5220-046-309, 310 BUILDING MAINTENANCE - STATION #45-BUDGET LINE 90 Budget Budget 20000-2009 2009-2010 Station Repair and Maintenance q) Budget F? Budget Refrigerators $ 2008-2009 $ 2009-2010 Station Repair and Maintenance $ 2.500 $ 1.700 Exterior Pointing $ - $ 1.00O Microwave $ 200 $ - Dining Table $ 900 $ 3'500 Dining Room Chairs $ 1.000 $ 10'000 Replacement Recliners $ 3.500 $ - Office Chains $ 1.000 Replacement Beds $ 3.000 Air Quality/Mold Testing $ - $ 3.500 Flag Pole LiQhi $ - $ 300 Cabinet Hardware Replacement $ - $ 500 F<ep|ac�rn�nt|�erns/Pu[ch�oes 001-5220-046-309, 310 BUILDING MAINTENANCE - STATION #45-BUDGET LINE 90 Budget Budget 20000-2009 2009-2010 Station Repair and Maintenance q) 5.000 F? 4.500 Refrigerators $ 2.400 $ - Dining Table 8 000 $ - Replacement Beds (XL Mattress/Box Springs) $ 2.000 $ 1.00O Strip and Seal Parking Lot $ 0.000 $ - Air Quality/Mold Testing $ - $ 3'500 Install Laminate Floor - Bunk Rooms $ 10'000 Replacement Items/Purchases $ - eJemu 7-09*917'17-0e8*7-09 31 O9'1ODmI't#1 � �� &�} i I �� » 001 -5220-046-31 1,_ 312 BUILDING MAINTENANCE - STATION #46-BUDGET LINE 91 Budget 2O0S-2O1O $ 1,000 � 300 - ' TOTAL 18,100 1 1,300 001-5220-046-313, 314 BUILDING MAINTENANCE - STATION #47-BUDGET LINE 92 Budget Budget 2UU0-2000 Station ' $ 1 5OO . Paint Interior/Exterior Station Repair 14Exterior . O00 Microwave $ $ 200 4OO .__ Office Chains S 2,000 Replacement Beds - - office Chairs Hose Bib Relocation $ - Rep|aoennent\tenns/Pu/ohaaes Vacuum Budget 2O0S-2O1O $ 1,000 � 300 - ' TOTAL 18,100 1 1,300 001-5220-046-313, 314 BUILDING MAINTENANCE - STATION #47-BUDGET LINE 92 001 -!IL220-046 BUILDING MAINTENANCE -SHOP/LOGIST\CS-BUDGETLINE 93 Budget Budget 2000-3009 9009-2010 y�|�waUaneou�0�ointenancoSuppU�s 2,500 '1,500 32 0810 Dra ft#1 BJB/bb 7-09-09/7-17-09/8-07-09 Budgat Budget 3000-2000 2009-2010 Station Repair $ 1.400 � 1.000 ' Microwave � $ 200 400 $ $ - - office Chairs � 2O0 Vacuum � 9UO Replacement Grill 8OO Rep|aoennent|terns/Purchases 001 -!IL220-046 BUILDING MAINTENANCE -SHOP/LOGIST\CS-BUDGETLINE 93 Budget Budget 2000-3009 9009-2010 y�|�waUaneou�0�ointenancoSuppU�s 2,500 '1,500 32 0810 Dra ft#1 BJB/bb 7-09-09/7-17-09/8-07-09 t 161 1 EQUIPMENT REPAIR & MAINTENANCE The cost provisions for the repair and maintenance of fire, SCBA Compressor (formerly referred to bv the brand norne"K�AK(}'').�reaquiprnerd.00nnpub*requipnnent. and rnaintenenceof the �re hydrants in the District are contained in the budget lines below. FIRE EQUIPMENT REPAIR & MAINTENANCE-BUDGET LINE 94 Budget Budget 2008-2009 2009-2010 Scott Ai[paok Repair Program 15 19.800 $ 12.000 Hurst Equipment Repair &Maintenance S 4,500 Normal Repair @ Maintenance ofToo|s/Equip . $ 14000 20000 TOTAL SCBA COMPRESSOR REPAIRS-BUDGET LINE 95 Quarterly Maintenance Pnmgnarn Misc. Parts and Repairs Budget Budget 2008-2009 2009-2010 S 1.500 $ 2.150 NOZZLE REPAIR & REPLACEMENT-BUDGET LINE 96 Budget Budget nnnm'nnnn ?DO0-�O1O "--�' _--- _-. ��� Assorted Rubber Burnpens Handles Shutof f Body ShutofBaU Pistol Grip C- Rings RmpaiF/RebuUdKiio Replacement Nozzles Task Force Tips (8) $ 200 8 400 $ 700 $ 300 � 1OO � 1OO � GOO 8 1,680 $ 1,6%8O Not iteinized for 2009-2010 TOTAL 5,760 $ ,v aJumu 7-09-0917-17-09mo7o9 ~~ 09-10 Dralt 41 161 1 A` 001 -5220- 051 -002, 100 - 105 COMPUTER MAINTENANCE - BUDGET LINE 97 The computer maintenance budget provides for the purchase of software, regardless of the cost since software is not a fixed asset, hardware costing less than $1,000, maintenance and updates for existing software and new software. The 2009 -2010 budgeted total reflects an increase of $27,965, largely due to the reclassification of computer workstations as non - capital. Budget Budget ITEM 2008 -2009 2009 -2010 One Step Software Maintenance (Prevention) $ 4,200 $ 4,500 Motorola Maint. (Printrak & Premier MDC) $ 5,750 $ 6,015 Symantec Anti -Virus Software $ 2,250 $ 2,500 Red Alert Maintenance $ - $ 7,000 Communication Annual Software Renewal $ 1,000 $ 700 Tape Backup Maintenance $ - $ 1,000 Website Hosting $ 250 $ 250 Backup Parts (Computers in Apparatus) $ 1,000 $ 2,000 Email Scrubbing Annual Renewal (Postini) $ 2,600 $ 2,600 EMS 2000 Software Maintenance $ 5,000 $ 5,000 GIS Anno Mapping Upgrade / Maint. $ - $ 7,500 Astaro Firewall Maintenance $ 4,000 $ 4,000 Emergency Response Mapping Maintenance $ 2,600 $ - ARCH Is $ - $ 1,400 Red Alert Upgrade /Staffing Software $ 40,000 $ 15,000 Cummings Software -Shop $ - $ 2,000 Laptop Memory Installation -Fire Prevention $ 850 $ - Computer Workstation Replacements (Reclassified from Capital Purchases) $ - $ 15,000 Software Licenses $ 2,500 $ 2,500 Great Plains Maintenance $ 3,000 $ 4,000 Total $ 75,000 $ 82,965 Hardware Miscellaneous Hardware & Software $ 5,000 $ 25,000 TOTAL $ 80,000 1 $ 107,965 BJBlbb 9 -03 -09 34 09 -10 Tentative Hearing 001- 5220 - 046 -011, 800 HYDRANT MAINTENANCE - BUDGET LINE 98 161 1 �` The estimated cost for hydrant maintenance services performed by the District is based on current year actual cost and an analysis of the cost over the last four years. The amount provided for in the 2009 -2010 fiscal year includes payment to Collier County for the maintenance and ownership of all hydrants in the District located in front of backflow devices on the County's water lines. This payment is the first of three to span over the next three fiscal years, after which time no further contribution to the County will be required by the District, and the District will not be required to make any further contributions for repair, maintenance or replacement of these hydrants. This payment to the County results in an increase of $72,400, or more than 100% in the amount budgeted as compared to the prior fiscal year. However, once the District has completed payment to the County, the long term effect will be to reduce costs for the hydrant maintenance and repair. Budget Budged: 2008 -2009 2009 -2010 Hydrant Maintenance $ 38,600 $ 20,000 Contribution to County for Hydrant Maintenace for Hydrants in f=ront of Backflow Device $ - $ 88,000 Hydrant Repairs (Outside Vendor) $ _32,000 $ 35,000 TOTAL $ 70,600 $ 143,000 BjBIbb 7- 09- 0917 -17- 0918 -07 -09 35 (39-10 Draii ? =1 �� �� � &�� u 1 K� � . 001 -52go.052-_004,.600 - 604 EMERGENCY MEDICAL/ALS SERVICES/ SUPPLIES-BUDGET LINE 99 The Board of Fire Commissioners has identified the ALS program as a District priority. The 2009- 2010 budget contains provision for the replacement of medical Supplies necessary to provide the Advanced Life Support services to the residents of the District. Provision is also made for the annual maintenance on both the District and County owned Zo|| Monitors, medical equipment repair and nacerfifioadons. The 2OOQ-3O1O budget / |actsadecrmsnot$7'278,or8%as compared to the prior year's budget. Medical Supplies Medical Reporting Software Svstem Maintenance Oxygen Refill and Service Medical Equipment Repair Medical Protocol Printing ACLS/BLSRecertifioadon Field Training Officers Community CPR Program Annual ZoU Monitor K8ainhenane-DistrioL8, County Units Budget Budget 2008'2009 2009-2010 � 54.815 $ 45.000 See Computer Maintenance Budget $ 5.555 $ 8.500 $ 2.289 ',") 2.283 � 1.800 $ 3'000 See Training Budget Gee Personnel Expensen- Professional Pay � 4.050 $ - S 23.758 $ 20`200 TOTAL 92,267 $ 84,98C Note: Total cost to maintain AJ'S Program: Supplies and Non-Capital Equipment Capital Purchases Designated Reserves EMS Travel & Per Diem Field Training Offioer- New Professional Pay Paramedic Training - Off Duty Overtime Rmcertifioations Paramedic, College Couroeo/Semninar Physician Educator (Prsfeosiona|Fees) 2OO8'2O03 $ D2'267 $ 30,750 � - � 35'0OO � 5,000 � 32'7OQ � 215,�17 °u nunIbb 7-0e�/7-17-0em�7-09 .~ 20O8-2D1D $ 84,989 � - $ 552'O0O � 5,500 � 15.0OO � 60,000 $ 5,OOO $ 11,6OO $ 15'UUO $ 738,3O9 09'10Dmit41 001-5220-051-000 OFFICE SUPPLIES - BUDGET LINE 100 161 1 k� The budget amount for this expense line was derived by comparing the average office supply expense for the last four fiscal years with the projected total expense for the current year. Budget Budget 2008-2009 2009-2010 ITOTAL 38,000 $ 35,000 001-5220-051-003 OFFICE SUPPLIES - PREVENTION - BUDGET LINE 101 Fire Prevention/Inspection Forms and Contracts, $ Brochures, Postage and Misc. Office Supplies $ Budget Budget 2008-2009 2009• 2010 x'-,197 $ 3,000 1,463 $ 3,000 ITOTAL 1 $ 5,660 1 $ 6,000 1 BJE31bb 7-09-0917-17-0918-07-09 37 0 9- 10 Dram Oat- 5220 - 051 -001, 9P_0_ 1(12 PROTECTIVE GEAR - BUDGET LINE 102 161 1 N The Protective Gear budget line provides for replacement of protective gear (excluding bunker pants and coat, which is identified as a capital asset), and the purchase of protective gear for new employees. This expense line also provides for the mandatory inspection, cleaning and repair of existing protective gear. The 2009 -2010 budget reflects an increase of $7,450 or 23% as compared to the prior year's budget. This increase is largely due to the increase in provision to purchase helmets because many currently are reaching the end of Their ten year life span. Budget Budget ITEM 2003 -2009 2009 -2010 Firefighter Gloves $ 2,000 $ 3,000 Nomax Hoods $ 2,000 $ 1,000 500 $ 500 Suspendeis Helmet Accountability Fronts $ 1,000 $ - Spanners $ 300 $ - Webbing $ 200 $ 200 Helmets $ 11500 $ 5,000 Helmet Visors $ 'i ,000 $ 500 Inspection, Cleaning & repair $ 14,000 $ 17,000 Unexpected Gear repair $ - $ 3,000 Wildiand Gear $ 1,000 $ 750 Dunker Boots $ 3,000 $ 3,000 TOTAL $ 26,500 $ 33,950 002 -5220- 052 - -002 200 - 206 UNIFORMS - BUDGET LINE - LINE 103 Pursuant to Article 17 of the Collective Bargaining Agreement and Section 16 of District Policies, each bargaining unit and non - bargaining unit swwrn employee is alloted a specific dollar amount per year for the purchase of uniforms. In addition the District also provides uniforms on a limited bases for administrative staff, and two polo shirts for each Fire Commissioner. This budget line also provides for the replacement of sworn employees' boots. The 2009 -2010 budgeted amount reflects a decrease of $18,960 cjj -31% as compared to the prior year. t3udge1: Budget: 20W, "2009 2009 -2010 Annual Uniform Allotman Per ContmEct - Members of Local 2297 (Plus Boot Replacement) 4a 42_,750 $ 37,000 Administration (Including Chief Officers) `;> 16,400 $ 5,000 Honor Guard °> 3,600 2,000 Commissioners cr �� r 500 $ r 500 TOTAL $ 63,450 $ 44,500 BJBieb 7- 09- 0917 -17- 09/3 -07 -09 0C3 09 -10 Draft ;'1 HURRICANEIEMERGENCY SUPPLIES-BUDGET LINE 104 161 1� This budget line provides for the purchase of items necessary to have on hand during a declared state ofannepgenoy, including chain oavvs, replacement blades, leasing nf heavy equipment, and 'Food and water for employees, other emergency service personnel and volunteers housed at District facilities. The 2009'2010 contains no provisions forhurricaneharnergenuysupplies since there is an established designated reserve. Budget Budget 2008-2008 2009'2010 001 -5220-052-000, 301 - 303 STATION SUPPLIES-BUDGET LINE 105 Provision for basic supplies for all stations is made within this budget line. The amount provided for in the 2OOS'2O1D budget reflects noincrease asCorn pared to the 2OO8-2OO9budgeted amount. Budget Budget 2008-2009 2009'2010 -- Cleaning Q Maintenance Supplies 27.900 $ 27.900 ITOTAL 27,900 $ 27,900 OFFICE EQUIPMENT (NON-CAPITAL)-BUDGET LINE 106 The Office Equipment (Non-Capital) budget line provides for the purchase of small office equipment (itenno with an individual cost of less than $1.000 such as printers and fax machines), printer cartridges and the lease and maintenance fees for photocopy machines. The 2009-20,10 budget reflects no increase as compared to [he 2008-2009 budgeted amount. The amount provided remains the same, largely due to the copier leases and maintenance agreements, which contractually do not decrease during the 20O9-2O1Oyear. Budget Budget [[EM 200O-2009 2009-2010 Copier Leases 8/.Maintenance $ 30.000 $ 30.000 Postage Machine Lease 1 i00 8 1.000 Printer Repair 8, Maintenance 3.000 $ 3.000 Pr(nterCortridQea/Supp|ies 3.000 $ 3.000 Misc. Office Equip. 3 OOU _ oJumb 7-09-09/7-17-09m'07o9 39 09-1OD raft #1 16 1 1 �\ OFFICE BQU|PKOENT-NCJN-CAPITAL-PREVE0llON-BB0GET LINE 107 As with office supplies, the Fine Prevention Bureau submits an annual list ofnnn'capK3) office equipment requirements for i0anns specific tO the Bureau. The 2O08-20O9 cost budgeted reflects a slight increase of$357 aa compared tothe 2OO7-3OO8 budgeted amount. 001-5220-064-001, 500 - 505 FIRE EQU|PK8ENl-NON-CAP|TAL-BUOGET LINE 108 Contained within the Fins Equipment (non-oopi�a|) budget line are provisions for the purchase offire equipment with a cost of less than $1,000 per item. Budged Budget reflects a decrease of $31,OOO,o[34%aS compared to the prior year's budget. 2008-2009 2008'2010 Printer - P|ansRoonn 8 250 RAM Increase -Laptops $ 1.GOO $ - PrinterC8rt[idgeS'Laptops $ 2.000 $ 2.000 Color Printer Cartridges 2.000 Class BFoann $ 001-5220-064-001, 500 - 505 FIRE EQU|PK8ENl-NON-CAP|TAL-BUOGET LINE 108 Contained within the Fins Equipment (non-oopi�a|) budget line are provisions for the purchase offire equipment with a cost of less than $1,000 per item. The amcunl provided for in the 2009-2010 budget reflects a decrease of $31,OOO,o[34%aS compared to the prior year's budget. Budge_t Budget 2000-2009 2009-2010 Class /\Foam $ 2.500 $ 2.000 Class BFoann $ 0.500 $ 3.000 Batteries $ 1.000 $ 1.000 Absorbent $ 7.000 6) 4.000 Hand Tool C& Small Equipment Replacement 1; 15.000 $ Replacement 8CB/\Bottles $ 10.000 $ 8.000 Hurst Hydraulic Hose Replacement $ 1.000 $ 2.000 Replacement Nozzles 5.000 $ - 125 GPM Foam Inductors /2\ 1.000 $ - Fire Hose $ 20.000 $ 20.000 Dave Clark System (P45) 3.000 Replacement Gauges for High Rise Packs 1.000 Nlisn. Items -for New Engine 10.000 Miscellaneous Equipmen� 20,000 '10,000 ITOTAL 92,000 $ 61,000 J� ' UA�.0 N � �� � �L��� SHOP EQUIPMENT/SUPPLIES - NON-CAPITAL - BUDGET LINE 1O9 The ShopFouiprOen-Non-(�apd@|Q8upp|iesbudget line provides for the purchase ofsnnaUequipnnen1 costing|es`hon 1 000andbasicsupp\ieuforthe shoo/nnaintenancefad|dv. The2009-3010 " ` ` ' i of�1 O5O or esonnnparedto the prior year. bUdgeted�nloun\ref|�cts �n Oo/eG�o . . ' 001-5220 052-009 WAREHK]USEILOGIST\CS SUPPLIES & EQUIPMENT-BUDGET LINE 110 The VVarehousa/Logistca Supplies ("ItEouip[nenf budget line provides tor sUpp|hnsand srnaU squipDlentrequired bz^pe�te the vvao'uuseand logistics center for the District, including uppUes todeonandrnein�oin xotentiveequipnn�nL Th�28OS-2O10budQetedonnount�f|ectson increase of$1,1OD,mr55%as compared to the 2OOO-2OO9budget. Laundry Soap 8.Supp\ies for Bunker Gear Miscellaneous Shipping/Receiving Supplies Service Contnsc'Lfor Extractors Budget Budget 2008'2009 2003-2010 $ 500 $ 800 � 500 $ - 1,000 500 � u� mamu7�eo�r1roam�roe .` 09-10 Draft ��l Budget Budget 2008-2009 2009-2010 Miscellaneous Small Tools and Equipment $ 2.150 $ - � 1.800 2'OOO Shop Towels and Rags � - - � 200 NFPA Books Electrical � $ � � 1. OOO �� Miscellaneous Supplies (Oil, etc) $ 2,000 ITOTAL 001-5220 052-009 WAREHK]USEILOGIST\CS SUPPLIES & EQUIPMENT-BUDGET LINE 110 The VVarehousa/Logistca Supplies ("ItEouip[nenf budget line provides tor sUpp|hnsand srnaU squipDlentrequired bz^pe�te the vvao'uuseand logistics center for the District, including uppUes todeonandrnein�oin xotentiveequipnn�nL Th�28OS-2O10budQetedonnount�f|ectson increase of$1,1OD,mr55%as compared to the 2OOO-2OO9budget. Laundry Soap 8.Supp\ies for Bunker Gear Miscellaneous Shipping/Receiving Supplies Service Contnsc'Lfor Extractors Budget Budget 2008'2009 2003-2010 $ 500 $ 800 � 500 $ - 1,000 500 � u� mamu7�eo�r1roam�roe .` 09-10 Draft ��l 001 -5220 -031 -000, 100 - I CC PROFESSIONAL FEES - BUDGET LINE 111 161 1kk The District routinely utilizes a large variety of professional services, including legal, computer support, and the employee assistance program. Because the extent of services required cannot always be determined for the coming fiscal year, current year projections are used to estimate anticipated future costs, making allowances for fee increases. The 2009 -2010 Professional Fees budget represents an increase as compared to the amended 2008 -2009 budgeted amount. This increase is due to an increase in projected attorney's fees relating to various legislative issues. TOTAL $ 225,000 $ 280,000 001 - 5220 - 049 -009 COLLIER COUNTY PROPERTY TAX APPRAISER'S FEES - BUDGET LINE 112 Estimated fees are computed based on the budget of the Collier County Propery Appraiser's Office, and are provided to the District via written corrrespondcnce from chal. office. These fees constitute the District's share of flee Property Appraiser's annual budget, which is how the Property Appraiser is compensated for providing property tax assessments to the District. Budget: Budget: 2008 -2001 2009 -2010 TOTAL $ 209,048 $ 208,865 BJBIbb 7-09-0C/7-17-C9/3-07 0) 42 09 -10 Draft =1 Budget Budget: 2008 -2009 2009 -2010 Weiss, Serota $ 25,000 3 50,000 Cardillo, Keith & Bonaquist $ 5,000 $ 5,000 Manson Law Group (Laura Donaldson) $ 60,000 $ 85,000 Markham, Norton, Mostettler & Co. (non- audit) $ 1,500 $ 1,000 Stroemer, Tuscan & Co. (non- audit) $ 1,500 $ 1,000 SW FL. Polygraph (Background Checks) $ 1,000 $ 1,000 Employee Assistance Services $ 4,000 $ 4,000 Temporary Service - Administrative $ 30,000 $ - GASB 45 Actuarial Study $ - $ 8,000 Computer Service $ 30,000 $ 25,000 Benefit Consultant 9> 35,000 $ 35,000 Consultant - Computer Programmer I$ - - Consultant - Fire Assessment Fees $ 35,000 Physician Educator (EMS) $ 30,000 $ '15,000 Miscellaneous Professional Fees 2,000 5; 15,000 TOTAL $ 225,000 $ 280,000 001 - 5220 - 049 -009 COLLIER COUNTY PROPERTY TAX APPRAISER'S FEES - BUDGET LINE 112 Estimated fees are computed based on the budget of the Collier County Propery Appraiser's Office, and are provided to the District via written corrrespondcnce from chal. office. These fees constitute the District's share of flee Property Appraiser's annual budget, which is how the Property Appraiser is compensated for providing property tax assessments to the District. Budget: Budget: 2008 -2001 2009 -2010 TOTAL $ 209,048 $ 208,865 BJBIbb 7-09-0C/7-17-C9/3-07 0) 42 09 -10 Draft =1 001 -5220- 049 -000 "o COLLIER COUNTY TAX COLLECTOR FEES - BUDGET LINE 113 The Collier County Tax Collector receives an annual fee for collecting and distributing Ad Valorem taxes to the District. The cost is based on Section 192.091, Florida Statute, and utlizes a formula based on Ad Valorem collected. Because there are two options for a millage rate, there are two corresponding options for collection fees. Estimated Tax Revenue Collector's Fees: 3% of first $50,000 2% on Balance ($23,988,878) Postage Budget Budget 2008 -2009 2009 -2010 $ 26,103,691 $ 24,038,878 $ 1,500 $ 1,500 $ 521,074 $ 479,778 $ 2,500 $ 2,500 TOTAL - OPTION 1 -.9869 Millage Rate 1 $ 525,074 1 $ 483,778 001 - 5220 - 032 -000 AUDITOR FEES - BUDGET LINE 114 1 �\ i'he District is required by law to undergo an annual audit by an independent auditing firm and must submit an audited financial statement to the Auditor General on an annual basis. Estimated fees are based on current year expenditures. Budget Budget 2008 -2009 2009 -2010 TOTAL $ 85,000 $ 80,000 BJB /bb 9 -03 -09 43 09 -10 Tentative Hearing 16I 1A� 001 - 5220 - 049 -004 SPECIAL ASSESSOR'S FEE FOR ST. #44 -WATER /SEWER- BUDGET LINE 115 This assessment reflects the District's portion of the wader and sewer assessment allocated to Station '444 by the County. Collier County Emergency Services pays 38% of this assessment and the District pays 62% of the assessment. The amount provided for in the 2009 -2010 budget reflects no increase based on the actual cost incurred during the 2008 -2009 fiscal year. Budget Budget 2008-2009 2009 -2010 TOTAL $ 5,000 $ 5,000 001 -5220- 040 -000, 101 - 105, 200, 300, 400, 501 600, 700, 800. TRAVEL AND PER DIEM- BUDGET LINE 116 This account reflects all travel and per diem reimbursement expenses for all conferences, seminars and employee and Commissioner travel outside of the District boundaries. Because budget requests for training, seminars and conferences are submitted as much as one year in advance of the event, the exact location and associated travel costs arc., often unknown and therefore costs are estimated. Where possible, the associated expense budged line has been identified. The 2009 -2010 budget reflects a decrease or $21,945, of 32 %, as compared to the 2009 -2010 budget. Budget Budget Travel /Per Diem - Operations: 2008 -2009 2009 -2010 Training $ 24,370 $ 19,725 Emergency Medical Service 4,500 33 5,500 BF Team 1,000 $ - Dive Team $ - $ 1,000 T R T Team $ 1,000 1,000 K -9 Team `> 500 - CERT Team 1,800 500 laGMat $ 1,000 Travel /Per Diem Operations ` ?3 34,170 28,725 Travel /e'er Diem - Prevention Training 62,O00 500 Travel /Per Diem - Administration /Corns -nissioners /E`7 f <% 7,000 7,000 Reirnbi.irsable Travel & Per Diem (Funded Training) $ .0,001) 000 Miscellaneous $ 5,000 � 5,000 TOTAL $ 68,170 $ 46,225 aJBIN) 7 -09- o9n- 17- o9/8 -07 -99 n,.� 09 -10 Draft , 1 16 1 1 \ PUBLIC INFORMATION OFFICER-BUDGET LINE 117 The District employs one full time Public information Officer, who is tasked with the development, implementation and coordination of all public infonmadion proOnsnoa, including providing information toth� media and nnain��iningthe 0strict's photographicracnrds. The 2008-2009 budget reflects decrease of$Y75 o[4% as compared to the prior year's budget. ITEM DESCRIPTION Annual DN Annual Subscription-News Pr. Enlargements VCR Topes'4OPacks Picture Framing Miscellaneous Supplies Newsletter Total Items Florida Association ofP\Os Florida Fire Chiefs Association Total Memberships Budget 2000-2O09 $ 300 $ $ 350 $ $ 300 $ $ 160 % $ 200 $ $ 500 $ 1,740 $ � 3'55O $ � 50 $ 75 $ 125 $ Budget 2OO9-3O10 300 350 300 200 225 500 1,500 %^375 5O 75 125 TOTAL 3,675 $ 3,500 001-5220-048-001, '101 -103 PUBLIC EDUCATION OFFICER-BUDGET LINE 118 The expenses provided in 'this budget line fund [he public education programs offered throughout the year to the residents and visitors oJtho oonnnnunity, and includes the District's promotion of public safety. The 2OO9-2O1O provision reflects a decrease of$3'80C\or/4Y6, oa compared tothe 2008-2009 budget. TOTAL DS10Dm�#1 3JB/bb 7-09-09/7-17-09iB-07 09 45 Budget Budget 2008 2009-2010 Free Citizen's CPR Classes $ 2.000 $ - Super Si��erCourse 500 4.000 $16 $ - 4.000 Halloween Open House G Safety ' � 800 5O0 � S - - Exo|onsrPoat#2207 � 10O � OO '100 tuhngCrevv#20O1 Venturing � � 5DOO � �OOO . Children's Fire Safety Programs -� - ` . 15 15 Pu|ic/\vvorenessEducation/VVebsite �___-_-'-_-__� ,OOO ±�,UO0 TOTAL DS10Dm�#1 3JB/bb 7-09-09/7-17-09iB-07 09 45 VEHICLE FUEL & OIL-BUDGET LINE 119 � � lN �� � D �K � V This expense line reflects vehicle fuel and oil for all District apparatus and vehicles. Because ofUle fluctuation of gasoline and diesel prices, and the inability to accurately predict what those prices will be in the coming fiscal year, especially in light of the recent significant increases, cost estimates forbudgetingpurpooeshavebeenrnadebytsotnrinQina3O%costperQa(\onincrease. 8udgot Budget 2008-2009 2009-2010 DISTRICT VEHICLES 8EnQines 4Aeha|s 1TekasquiUo 1 Water Tender 4 Brush Trucks 42 Staff Cars 2Rescues 1 Reserve Engine 4Boats 1 Antique Engine 2ATVS(Beach) 3SRUs ITOTAL 350,000 $ 300,000 aJIV)r-0somp1/-C9/o'o/oe 48 U8'\0 Draft #1 161 PUBLIC COLLEGE, FLORIDA STATE FIRE COLLEGE AND PARAMEDIC COLLEGE COURSE BUDGET LINE 120 This budget line reflects paynnentofthe cost of public college courses, Florida State Fire College courseo, and paramedic college courses. These costs have been segns@had frorn other training course costs to more easi|tv identify the cost of college level courses. TheanOoUntp/ovidedforintho2OO9-2O10budgetrefectsani0ore8seof$3'5OO.nrO96oe compared to the prior year's budget. This increase isdueto increase in cost for state college cnedits, and the new provision for reimbursement for graduate level classes -for Chief Officers. Budget Budget 2008-2009 2009-2010 Florida State Fire College $ 5.000 $ 1'500 Public College Classes $ 30.000 $ 52.000 Paramedic College Courses 25,000 10,000 _ TRAINING COURSES/CONFERENCES - BUDGET LINE 121 The budootline for �aininQexpenses for the Usco|year 2OO8-2O1Orefec�� the cost for aU courses -and conferences for all divisions ofthe District, including promotional testing and special. teams 'training. The total costs budgeted for 'the 2009-2010 year reflects a decrease of $29,925 or 41%an compared to the 2OOO'2OO8budget. uJoiburus-0*7-1r-0mu'o/un 47 O9-10 Draft #1 Budget Budget 2008-2009 2009-2010 --� Specialty Training � 2 . 4OO � - Instructor Development $ 1.5UO $ - Receri(���rF�ness) � � 2.000 $ 1.000 ` Outside Instructors $ 8,000 �p 4,000 Promotional Testing 15 5.000 $ 7.000 Unannounced Training $ 3.000 $ 4.000 Firefighter Development $ 21 000 1,000 Tmta| 'TraininO Division 23,900 $ 17,000 -- Emergency Medical Service Conferences $ 2.700 $ 1.500 ACL3BLG/ Receriifioations and PEAR/|TL/PALSCedif(cations $ 5/000 5500 Total - Emergency Medical '/,TOO $ 7,000 uJoiburus-0*7-1r-0mu'o/un 47 O9-10 Draft #1 Dive Tearn K8ed Dive -O8/O8; |ADRS Conference 09/10 [)RUOO/O0;CC SO Underwater Invest. 0Q/1O Total - Dive Team HazMat Team Unidentified Conferences and Training Total - Haz[Vlat Team Technical Rescue Team Outside Training Training Adjuncts Tmta| - TechnicaURescueTemnm BoatTeam UnidentifiedTrminingandRecert- Total - Boat Team Out of District Training Total - K-9 Search and Rescue Budget 2OO8'2OO9 $ 3,150 $ 3,200 $ _ $ G,mO s 4,000 $ _ � 4,000 $ � TnaimingCoursms/ConYmmenoes - Opmradmms $ Fire Prevention N|CET/F/VFS Total ' Fire prevention � 3,000 $ 1,000 $ 4,000 $ 1,000 $ 5OO $ 500 $ 47`45O $ 3,000 $ 3,000 $ � °� �� � N � K �� � Budget 2O09-2Q1O - 1,000 1,000 2,000 2,000 1,500 800 2'3OO 1,000 1,000 30'3O0 1.5OO Administration Payroll Certification Conference $ 1.400 $ 1.000 Certified Employee Benefit Specia|istTrg. $ 1.200 $ - APA Year End Senniner 6 500 $ 5OO HR Collier Monthly Seminars D.Annua| Conference $ 000 $ 500 Community Affairs Meeting $ 1.600 750 Int. Assoc. of Fire Chief's QOO 800 Facilities Training 2.850 Mechanics Training - EVT $ 1.435 Professional Development 4.000 1.000 Leadership Collier $ 2.000 $ - FDIC S 1.600 $ - Commissioners' Troining � 2.000 1.SOD FASDConferenoes/Senninars 3.000 3.0 0 0 -- |AFF Chief's Conference 1 000 1 ODD Total Administration 2-25G0 11,275 10D�8#1 oJomu 7-09-09/7-17-09/8-07-09 �- 16 1 1 0 001 -5220-054-821 - 330 TRAINING - SUPPLIES AND EQUIPMENT - BUDGET LINE 122 The expenses contained within this budget line are For the supplies and equipment required for operational training. The 2O09-2O1O budget reflects g decrease of$1.2OO.nr3% as compared to the prior year. Budget Budget 2008-2009 2008-2010 Software and Videos $ 3.000 $ 2.000 Books Unc|udingCoUegeCourse Books) $ 14,000 8 4.ODO 0FP�. ' ess/ESubsnhobon $ - $ 800 Propene $ 6,000 $ 6.000 Training Tower Maintenance $ 2.000 $ 2.000 Audio Visual Ecluipnnent $ - $ 2.500 Smoke Machine Supplies $ 3.000 $ 3.000 Props and Training Supplies $ 7,000 $ 5.000 Auto Extrication Training 6.000 $ 6.000 Miscellaneous 3OOO 15O0 34,000 $ 32,800J MISCELLANEOUS EXPENSE-BUDGET LINE 123 The Miscellaneous Expense budget line provides or expenses, often one-time in nature, which cannot he categorized to another expense line. The 2OO8-201O budgeted amount reflects a decrease of$5,OOOor1G% as, compared to 'the prior year's budgoL Budget Budget 2008'2009 2009'2010 ITOTAL 30,000 $ 25,000] 13Jnmu7-09-09�17-0918-D7n9 49 09-10Di aft 01 001 - 5220 -054 -000 SUBSCRIPTION AND DUES - BUDGET LINE 124 161 1 IN' The District provides a variety of trade related and informational publications for staff, as identified below. These publications increase knowledge and contain information on new developments within the fire service. Also identified in this expense line are membership dues for Chief Officers and other employees, as well as the membership dues for the District for the Florida Assoc. of Special Districts and the annual dues to support the l=ire Service Steering Committee. The 2009 -2010 budget reflects a slkgflt decrease in the amount Nudged as compared to the 2008 -2009 budgeted amount. ITEM CC Fire Chief's Association (1) Naples Daily News -7 Stations Dept. of Com. Affairs - Special Districts Florida Public Personnel Association (District M /Ship) FDSOA & Others (Training) Florida Fire Chief Association (7) Int. Assoc. of Fire Cniefs (4) Florida Assoc. of Special Dist. Sam's Club Florida CERT Assoc. (1) American Payroll Association (1) SW Florida American Payroll Association (1) Society for Human Resource Management (1) Payroll Source Hh Collier (1) Fire Service Steering Committee Firehouse Magazine- (Chief, St. 4.3 & 45) Fire Engineering Magazine (Chief) Budget Budget 2008 -2009 2009 -2010 S; 50 S 50 250 $ 250 TOTAL 8,285 $ 8,010 QJF3 /bb 7- 09- 0917 -17- 0018 -07 -09 50 09 -10 Draft -1 125 $ 125 0 1,000 $ 500 300 $ 525 $ 500 500 $ 4,000 ti 4,000 3 '175 $ 175 15 $ 15 300 $ 300 S 165 $ 165 165 $ 165 $ 165 `;> 165 a 40 $ 4.0 $ 9110 h 9110 90 90 $ 35 4 35 TOTAL 8,285 $ 8,010 QJF3 /bb 7- 09- 0917 -17- 0018 -07 -09 50 09 -10 Draft -1 � i 161 1 PREVENTION-DUES AND SUBSCRIPTIONS-BUDGET LINE 125 |denti ried below are membership dues unique to the Fire Prevention Bureau. The 3009-2010 budget provision remains the same as the prior year. PETC-BUDGET LINE 126 This expense line represents the OisthoCo portion of funding to maintain the Pre-Employment Testing Committee. Our estimated share is usually provided by written communication from the Committee. Hovvevor, nosuchoornrnunicat9ionhaabeenrecaivedforthe|astthreeyearsandnnoontribuUon has been requested. Therefore, no budgetary provision has been made for acontribution. Budget Budget 2003-2009 2008-2009 LEGAL ADVERTISEMENTS-BUDGET LINE 127 The District is required by Florida Statute to provide legal notice of regular meetings, workshops and special meetings. The Oistrict is also required to publically advertise for Request for Proposals and Invitations toBid. The amount provided for in the 2009-2010 budget reflects a decrease, of '10%, based on Current year expense. Budge-0, Budget 2008-2000 2009-2010 _ Budget Budget 2008-2009 2009-2010 LA4| $ 75 $ 75 FL Chapter kuA| $ 150 $ 150 NFPA $ 80 $ OO Collier County Rna Marshals $ 10 $ 10 Florida Fire Marshal & Inspector Assoc. $ 100 $ 100 International Fire Chief's Association $ 75 $ 75 Florida Fire Chief's Assoc. PETC-BUDGET LINE 126 This expense line represents the OisthoCo portion of funding to maintain the Pre-Employment Testing Committee. Our estimated share is usually provided by written communication from the Committee. Hovvevor, nosuchoornrnunicat9ionhaabeenrecaivedforthe|astthreeyearsandnnoontribuUon has been requested. Therefore, no budgetary provision has been made for acontribution. Budget Budget 2003-2009 2008-2009 LEGAL ADVERTISEMENTS-BUDGET LINE 127 The District is required by Florida Statute to provide legal notice of regular meetings, workshops and special meetings. The Oistrict is also required to publically advertise for Request for Proposals and Invitations toBid. The amount provided for in the 2009-2010 budget reflects a decrease, of '10%, based on Current year expense. Budge-0, Budget 2008-2000 2009-2010 _ DIVE RESCUE TEAM-BUDGET LINE 128 � 161 1 � The Dive Team consists of 27 members who respond to any and all Situations involving water rescue, including vehicles in canals, drownings and recovery ofevidence. Each member isa Dive Rescue | certified diver, and 3 members are Public Safety Scuba Instructors. The 2OO9-2O1O budget reflects an increase of$2.85Oor52%. due to the need toreplace equiprnenL Dive Budget C>k/m 'Ca9ita| Budgeted with Prof. Pay (TemrnLdr.&/\ssi. Team Ldr. Incentive Pay) Budgeted with Training Courses Budgeted with T,ave|/PerDienm Budgeted with Training Bonus( PerCB/\) Budgeted with {)xorLirne TOTAL COST TO MAINTAIN DIVE � 5i450 3,30 0 � 6,000 4,008 � 6,240 $ 6.240 $ �'�hO � 45uu 1.000 � 7.500 $ 7.500 34,022 $ 35,053 $ 65,362 $ 64.393 O9'1O Draft #1 F3JBIbb 7-09-09/7-17-012/8-07-09 52- Budget Budget DIVE TEAM EQj!I[LMEN1 2008'2000 2009-2010 Annual Equipment Maintenance $ 2'000 $ 2.000 Dive Rescue Mannequin $ 500 $ ' Dry Suit Gloves $ 500 ' $ $ - 1.850 Mark 2 Mask and Light (5\ ' $ ` /\rnbient/\ir/\ssys. $ - � $ 5O0 500 Communication Assemblies Assemblies ' $ 1.500 Replacement Fins/Masks/3norke|S/VVta./Be|ts $ BCs/Regu\ators $ ' 1,500 $ 500 500 Miscellaneous Equipment Total Dive TearnEquipnnmnt � �'5OO � 7,35O _ PGD - Reoedification 700 $ 700 � PSG| Re-Ces �_______ 25O 250 Total Dive Dues/W1ernbermhips 960 $ 950 NOTE: Total Cost -to Maintain Oive Tinme is as fo||nnvo: Dive Budget C>k/m 'Ca9ita| Budgeted with Prof. Pay (TemrnLdr.&/\ssi. Team Ldr. Incentive Pay) Budgeted with Training Courses Budgeted with T,ave|/PerDienm Budgeted with Training Bonus( PerCB/\) Budgeted with {)xorLirne TOTAL COST TO MAINTAIN DIVE � 5i450 3,30 0 � 6,000 4,008 � 6,240 $ 6.240 $ �'�hO � 45uu 1.000 � 7.500 $ 7.500 34,022 $ 35,053 $ 65,362 $ 64.393 O9'1O Draft #1 F3JBIbb 7-09-09/7-17-012/8-07-09 52- 161 1 �\ 001-5220-054-980, 951,952 FIRE PREVENTION MATERIALS & SUPPLIES - BUDGET LINE 129 The Fire Marshal annually submits a list of the anticipated requirements for Fire Prevention Bureau, including key boxes, anemometers to test air flow, NFPA reference mannuals and basic operational supplies which comprise this budget line. The 2009 -2010 budgetary provision reflects a elecrea e of $4,154, or 24% as compared to the 03-09 budget. ITEM 3.5" Floppy Disks 2HD 50 Pack NFPA Handbooks, Reference Manuals & CDs Other Materials Key Boxes (25 at $550 Each 08 -09;20 at $502 09 -10) (Key Boxes have Cori Recovery) Budget Budged 2008-2009 2009 -2010 200 $ - $ g95 $ 2,600 $ 2,599 $ 650 13,750 $ '10,030 TOTAL $ 17,444 $ 13,280 3JB ;bb 7- 09- OW -17- 0913 -07 -39 53 09 -10 Draic ?�1 001 - 5220 - 054 -008 HAZARDOUS MATERIALS TEAM - BUDGET LINE 130 161 1 IN` The lazMat Team consists of 39 members, which include 3 Chief Officers. The team members are trained to deal with chemical spills, leaks and radiological emergencies, as well as terrorism and weapons of mass destruction. The District's HazMat Team is one of twenty -three District Response Teams recognized by the Department of Community Affairs. The 2009 -2010 budget reflectsa decrease of $2,000 or 29% as compared to the 2008 -2009 budget. NOTE: Total cost to maintain HazMat Team is as follows: HazMat Budget. HazMat Budget - Capital Medical (Budgeted with Physicals) Budgeted with Training Courses Budgeted with Travel /Per Diem Budgeted with Prof. Pay (Team Deader, Asst. Tearn Leader) Budgeted with Training Bonus (iffier CBA) Budgeted with Overtivne 7,000 $ Budget 8,000 Budget HAZMAT EQUIPMENT $ 6,000 2008 -2009 6,000 2009 -2010 Patch and Plug Pads /Booms $ 1,000 $ 1,000 Replacement of Sampling Supplies $ 3,000 $ 2,000 Rehab /Extended Operations Supplies $ 3,000 $ 2,000 TOTAL $ 7,000 $ 5,000 NOTE: Total cost to maintain HazMat Team is as follows: HazMat Budget. HazMat Budget - Capital Medical (Budgeted with Physicals) Budgeted with Training Courses Budgeted with Travel /Per Diem Budgeted with Prof. Pay (Team Deader, Asst. Tearn Leader) Budgeted with Training Bonus (iffier CBA) Budgeted with Overtivne 7,000 $ 5,000 8,000 5,000 $ 6,000 6,000 $ 4,000 2,000 $ -1,000 $ 1,000 6,240 $ 6,240 10,200 $ 10,200 ` - - - -_ 57,305 $ 59,025 TOTAL. COST TO MAINTAIN HAZI)VIA ' TEAM $ 99,745 $ 94,465 BJ31bb 7- 09- 0917 -17- 0918 -07 -09 54 09 -10 Draft ','I TECHNICAL RESCUE TEAM-BUDGET LINE 131 161 The District's 30 member Technical Rescue Team is trained for confined spaoe, structural collapse, trench collapse and high angle rescue operations. The 28OS-2O1O budgeted annount reflects a decrease of$3`125,or42%. as compared 'to 'the 20O8'2OOQbudget. The 2OO9-2O1Obudgeted amount is comprised of only absolutely essential srnall equipment replacement items. TRENCHISTRUCTURAL COLLAPSE Budget � 6,525 Budget HIGH ANGLE CONFINED SPACE 250 2008-2009 10' Ci[ou|8r saw 2009-2010 Large {}anabinars $ Personal Protective Equipment $ - >(|arge Cenabiners $ - $ - Single and Double Pulleys $ - $ - 2 Double Pulleys $ Hand Too|s/Lurnber Replacement Hardware $ 500 2,47F) Replacement Class ||| Harnesses $ OOO $ - Replacement Rescue Gloves $ 200 $ - Replacement Helmet Lights $ 200 $ - Replacement Rescue Rope $ 1.500 1$ ' Materials for Confined Space Maze $ 2.000 $ 2.000 Miscellaneous Supplies Total-High Angle Confined Space. $ 5'008 $ 2,700 TRENCHISTRUCTURAL COLLAPSE 4L350 � 6,525 Steel Pins 250 $ 10' Ci[ou|8r saw (113 350 $ - Personal Protective Equipment 11�3 800 � 8,40 0 Framing Nailer (Coil) 8.400 275 Hot Stick Energy Tester �113 300 $ ' Portable Lighting �5 500 Hand Too|s/Lurnber 1,650 Total-Trench/StrUCtUral Collapse 2,47F) $ 1,650 ITOTAL 7,475 $ 4,350 NOTE: Total cost to rnaintain TRT Team is as follows: TRTBudgot TRTBudget - Capita| Budgeted with Prof. Pay (Toemm Leader and /\oot.Teanl Leader) Budgeted with Training Budgeted with Travel/Per Diem Budgeted with Training Bonus (per CB/\) Budgeted with Overtime TOTAL COST TO MAINTAINTIRTTEAM � 7,475 4L350 � 6,525 � 6,240 6,240 � /,QUO $ 2'500 � 1'080 1,000 � 8,40 0 S 8.400 � 80.083 82,405 = � 112,723 $ 104,975 aJ3m»7-0e0917-17a9m-07-09 55 09'1VD raft #1 BOAT TEAM-BUDGET LINE 132 161 The District's Boat Team consists of 16 boat operators, 13 ofwhom are Coast Guard cerii'lied boat captains. The Boat Team assists in water rescue operations. 2,000 The budgeted expenses for 2009-2010 reflects a decrease of $500, or 8%, as compared to 'the 2008-2009 budget. 6,240 � 4`500 4'500 � 1G66U Budget Budget 2088-2009 2008-2010 Boat Slip Annual Maintenance Fee 3.000 $ ].00O Life Raft Certification $ 1.000 $ 750 Bottom Paint and Hau|nutA4nnua|\ $ 1.500 $ Dehumidifier $ ' $ 750 Hand Held GPG IT) ' $ 500 Miscellaneous Equipment 500 500 NOTE: Total ooetho maintain Boat Team is as follows: Boat TeannBudget BmadTeannBudQet - Capiba\ Budge-Led nvitbTroiningCourses Budgeted with Travel/Per Dienu Budgeted with Prof. Pay /Taonm Leader and Asst. Team Leader) Budgeted with Training Bonus (per GBA) Budgeted with Overtime TOTAL. COST'ro MAINTAIN BoadTeam $ 8,000 $ 5,500 � §,UDU �) - $ 1,000 2,000 � 1,000 � 6'240 $ 6,240 � 4`500 4'500 � 1G66U � 4.1/40 0 $ 33,400 p mmm 7o9-09/717-0omo7'69 55 OS`10D raft �11 16 1 _ 001 -52*30-054-007 CERT-BUDKSET LINE 133 The District cunendvhas 22 trained and equipped ConnnnunbvErnergennyResponse Teanns ((�ERT\vv�hin[ha ^isthctcnnnprisedof Over 35D concerned cit�ens. These teannrnernbensreceive ` ' dt and hurricane or other enlerg8nCyevent. sp�oi�|bainingtonespon to . The CERT education prograrn consists of a 24 hour course presented over 8 weeks, free of charge. The expenses identified in this budget line are 'the materials, Supplies and equipment required to continue training additional teams and support [he existing teams. The 2OO9-2010 budgeted amount reflects a decrease of$7,21O,or55% as compared tn the prior year. Budget Budget 2003-2005 2009-2010 CERT Functions $ 735 $ 500 CEFD'Supplies $ 10.975 $ 4.000 CEF<TPub|ications $ 1.500 $ 1.500 _ PEER FITNESS - BUDGET LINE 134 Budged Budget 2008-2008 2009'2010 Small Equipment $ 1,000 13 500 K-9 SEARCH AND RESCUE TEAM-BUDGET LINE 135 The District has o CoUierCounty's only act�esearch and rescue oanineteann. Costs reflected in budget include and out ofDisthottnsining The 2009-2010 budged ' �� i the 0 t ictdoos not have o K,8 search team reflects no financial provis(on for program n nce e � r K-9 EQQIPr��ELVI K-Q Medical -- MisceUaneouoSupp|{es Budget Budget 200('-")-2009 20103-2810 S 5OO $1 TOTAL COST TO MAINTAIN K-9Teanm 1,500 $ �r momu roe�s/�1r�ym�r�m ~ HONOR GUARD ' BUDGET LINE 136 p 161 1 The Honor Guard was established in2OO5 through a joint effort of the District and Local 2297. The unit was established to function primarily in the event that a member of Local 2297 was killed in the line of duty. The Honor Guard has also attended many public events, such as station openings, parades, ceremonies and conferences. All current members are se|ftnained It is a voluntary program which was funded by Local 22G7up until 2OO5-2OOO. The Honor Guard provides positive representation of the Disthct, and therefore it is the desire to provide funding for basic needs for this group. Budget Budget ^ 3008-2009 2009-2010 --^------ Miscellaneous Equipment $ 2,700 $ 1,500 CONTI NGENCY-BUDGET LINE 138 This budget line is provided to cover excess expenditures from other budget lines during the course of the year. Budget Budget 2008-2009 2009-2010 ITOTAL 50,000 $ 50,000 oJamb 7-09-0917-17-0912o7-09 53 09-10 Dr a f#1 161 1 A` DEBT SERVICE The expenses classified under this expenditure category are those associated with any principal and interest payments resulting from the District's short and long term debt. The District has been fortunate to incur very little debt. As of the beginning of the fiscal year, the District has no debt and is not scheduled to incur any during this fiscal year. 001 - 5220 - 071 -001 PRINCIPAL PAYMENT - BUDGET LINE 150 No provision is made for principal payment since the District has no debt. Budget Budget 2008 -2009 2009 -2010 Principal $ 713,889 $ - TOTAL $ 713,889 $ - 001 - 5220 - 072 -001 INTEREST PAYMENT -LAND LOAN/ ENGINE LEASE - BUDGET LINE 125 No provision is required for interest payments during the 2009 -2010 fiscal year. Budget Budget 2008 -2009 2009 -2010 Interest - Bank of America $ 25,114 TOTAL $ 25,114 $ - BJB /bb 9 -03 -09 59 09 -10 Tentative Hearing 1 1 001 - 5220 - 062 -000, 101 - 105 CAPITAL- STATION IMPROVEMENTS & EQUIPMENT- BUDGET LINE 160 This budget line reflects expenditures for all of the District's stations which meet the criteria of a fixed asset (cost of $1,000 or more, and a life expectancy of more than one year). The 2009 -2010 expenditures reflect a decrease of $102,200, or 25 %, as compared to the prior year's budget. Stations #40 and #44, the clean agent sprinkler system for the computer room at Station #45, replacement bay doors for Stations #40 and #45, and vehicle exhaust systems for Stations #43 & #47. Station #42 Emergency Traffic Device $ Budget Budget Station #40 Treadmill 2008 -2009 2009 -2010 Stove $ 3,000 $ - Concrete Replacement $ - $ 100,000 Emergency Generator (75 KW) $ - $ 58,000 Fire Sprinkler & Alarm Renovations $ 80,000 $ - Total- Station #40 $ 83,000 $ 158,000 Station #42 Emergency Traffic Device $ 130,000 $ - Treadmill $ - $ 3,500 Washer /Dryer $ 3,000 $ - Total- Station #42 $ 133,000 $ 3,500 Station #43 $ 6,500 $ Resurface Kitchen Cabinets $ - $ - Vehicle Exhaust System $ - $ 29,000 Flagpole Light $ 1,500 $ - Air Conditioner Replacement $ 3,200 $ - Intercom Upgrades $ 2,500 $ - Total- Station #43 $ 7,200 $ 29,000 Station #44 Treadmill $ - $ - Replace Bay Doors $ 28,000 $ - Concrete Replacement $ - $ 100,000 Total- Station #44 $ 243,000 $ 100,000 Station #45 Water Heater $ 2,000 $ - A/C Unit Replacements (Two) - Ops Side $ - $ 30,000 Remodel of Space for Air Compressor Fill Sys. $ 20,000 Clean Agent Sprinkler System - Computer Rm. $ '17,000 $ 17,000 External Light Replacement $ 6,500 $ Replace Bay Boors $ 21,000 $ - Ice Machine $ 3,000 $ - Total - Station #45 $ 49,500 $ 67,000 BJBIbb 9 -03 -09 60 09 -10 Tentative Hearing 161 1 P� TOTAL CAPITAL PURCHASES -ALL FACILITIES 1 $ 413,700 $ 361,500 BJB /bb 9 -03 -09 61 09 -10 Tentative Hearing Budget Budget 2008 -2009 2009 -2010 Station #46 Bay Door Safety Edges $ 1,000 $ - Total - Station #46 $ 1,000 $ - Station #47 Vehicle Exhaust System (NNFD Share) $ - $ 4,000 Total- Station #47 $ - $ 4,000 Taylor Road Facility Physical Fitness Equipment $ 22,000 $ - Total - Taylor Road Facility $ 22,000 $ - Sun Century Improvements Building Improvement - Sun Century $ 90,000 $ - Total - Sun Century $ 90,000 $ - TOTAL CAPITAL PURCHASES -ALL FACILITIES 1 $ 413,700 $ 361,500 BJB /bb 9 -03 -09 61 09 -10 Tentative Hearing 16 1 1 � 001-5220-064-001. 200 - 202 CAPITAL PURCHASES-FIRE EQUIPMENT-BUDGET LINE 161 Purchases ufcao�e|�naequipn�ent for the 2OOS-201O� b� fiscal year nap|@oenOeOtequipment which may not be specifically identified at this Unne. but which need may arise throughout the fiscal year. The 20OS-2O1O budgeted amount reflects a decrease mf $40.000or08% es compared tn the prior year's budget. _ 001 -5g242Q-064-(0Y1I 17 CAPITAL PU RC HAS ES -PROTECTIVE GEAR-BUDGET LINE 182 This budget line reflects an increase of$10.000.or5D%.as compared bothe amount provided for in the prior year's budget. This increase is due to the increase in the number of sets of bunker gear requiring replacement. 6 ud0ed Budget 2008-2009 2009-2010 BunherGear - Rep|acennent 20,000 30,000 001 -5220-064-092 CAPITAL PURCHASES - MEDICAL EQUIPMENT-BUDGET LINE 163 As with -the2DU8-2OOQbudget'noprovsionhasbeennladaforthopurchoseofCapda)Medios| -- Medical 3innu|ationTraininQ Equipment Automatic Compressor Device U\ Qudge�. Budget 2008-2009 '2009-2010 � - 02 0S'10 Draft #1 Budget Budget ITEM 2000-2009 2009'2010 Rop|000ment|ntekeVgk/es - Replacement Hurst Power Unit (1) $ - Distributor Ball Valve (2) $ 3.000 Escape Packs 8 2O . OOO Replacement Hurst Cutter M\ ` ' $ - Replacement Capital Equipment $ 50,000 $ 25,000 _ 001 -5g242Q-064-(0Y1I 17 CAPITAL PU RC HAS ES -PROTECTIVE GEAR-BUDGET LINE 182 This budget line reflects an increase of$10.000.or5D%.as compared bothe amount provided for in the prior year's budget. This increase is due to the increase in the number of sets of bunker gear requiring replacement. 6 ud0ed Budget 2008-2009 2009-2010 BunherGear - Rep|acennent 20,000 30,000 001 -5220-064-092 CAPITAL PURCHASES - MEDICAL EQUIPMENT-BUDGET LINE 163 As with -the2DU8-2OOQbudget'noprovsionhasbeennladaforthopurchoseofCapda)Medios| -- Medical 3innu|ationTraininQ Equipment Automatic Compressor Device U\ Qudge�. Budget 2008-2009 '2009-2010 � - 02 0S'10 Draft #1 161 1 001-5220-0647009 301 - 302 CAPITAL PURCHASES- COMMUNICATION EQUIPMENT-BUDGET LINE 164 No provision is made for the purchase of Capital Communication Equipment in the 2009-2010 budget BudQ�t Budget 2008'2009 2009-2010 800 &4HZ Radios $ 9.008 $ - VHF Portable Radios $ 3.000 $ - VHF Mobile Radio /1\ $ $ - 1 OOO&1HZ Mobile Radio _______- TOTAL 12,000 $ 001 -5220-064-013 CAPITAL PURCHASES-OFFICE EQUIPMENT-BUDGET LINE 166 -- The 2OO9-2O1O budget reflects o decrease Vf8Z7'5OD'nrS25�asoonopanadto�hopho/yo�r� This decreoseinareau|tofthebudgetarypnoviaioninthe2OOO'2OO9budgetfnroffioefunnduns.0xtunas and equipment resulting from the renovation ofthe administration headquarters. Budget. Budget 2008-2009 20000-2003 Furniture, Fixtures and Equipment Admin. 30/000 2500 TOTAL n� oJamu7�n�ar/�nym�pnn ~. Is 161 1 001 - 5220- 064 -010, 600 - 604 CAPITAL PURCHASES - COMPUTERS - BUDGET LINE 166 This budget line provides for the purchase of ten replacement computer workstations, server and router replacements, and miscellaneous hardware costing at $1,000 per item. The 2009 -2010 budget line reflects a decrease of $32,305, or 50% as compared to the prior year's budget. This is largely due to the reclassification of replacement workstations as non - capital. TOTAL 1 $ 65,305 1 $ 33,000 001- 5220 - 064 -006 CAPITAL PURCHASES -TRT EQUIPMENT - BUDGET LINE 167 The 2009 -2010 budget contains no provision for capital purchases for the TRT Team. Budget 2008 -2009 Electric Brake Hammer $ 1,500 Electric Rebar Cutter $ 1,300 Grip Hoist 4 Ton Rescue Kit $ 2,725 TOTAL $ 5,525 $ Budget 2009 -2010 BJB,'bb 9 -03 -09 64 09 -10 Tentative Hearing Budget Budget 2008 -2009 2009 -2010 Replacement Workstations (10) - Reclassed to Non - Capital $ 20,000 $ - Server Replacements (NNFD -FS4, Terminal, SQL - Healthware) $ 24,480 $ 10,000 Precision W/S $ - $ 10,000 Truck Modem Replacements (5) $ 7,825 $ - Cisco Router Replacement $ 8,000 $ 8,000 Misc. Hardware $ 5,000 $ 5,000 TOTAL 1 $ 65,305 1 $ 33,000 001- 5220 - 064 -006 CAPITAL PURCHASES -TRT EQUIPMENT - BUDGET LINE 167 The 2009 -2010 budget contains no provision for capital purchases for the TRT Team. Budget 2008 -2009 Electric Brake Hammer $ 1,500 Electric Rebar Cutter $ 1,300 Grip Hoist 4 Ton Rescue Kit $ 2,725 TOTAL $ 5,525 $ Budget 2009 -2010 BJB,'bb 9 -03 -09 64 09 -10 Tentative Hearing p � 161 � CAPITAL PURCHASES - FIRE PREVENTION - BUDGET LINE 176 The 2009-2010 budget contains no provision for Capital Purchases for the Fire Prevention Bureau. Budget Budget 2008-2003 2009-2010 Fire Extinguisher De Machine $ 5,500 $ 001 -522Q-064-013 CAPITAL PURCHASES - LAND - BUDGET LINE 178 There are no land purchases provided for in the 2O0S-2O1Obudget. Budget Budged 2008-2009 2009-2010 _ CAPITAL PURCHASES - BOAT TEAM - BUDGET LINE 168 There are no Capital Purchases forthe Boaf. Team provided for in the 2009-2010 budget. Movvever, there in the creation ofa Designated Reserve inthe amount. of$12.00O for new boat nnotonsand fire pump. Budget Budget 2008'2009 2009'2010 Boat Lift (Partial Payment inO7'OB) 6,000 � 40 HP wi'Lh Tank - 4 Stroke Motor for Boat 40 $ TOTAL �� BJB/�b 7-09-09/7-17-0918-07-09 16 1 1 �t \ 001-5220-064 08 4Q_0 _-403 CAPITAL PURCHASES -TRAINING EQUIPMENT-BUDGET LINE 169 The Capital Training Equipment budget line for 2OD9-2O1O reflects an increase of$4.00Oor25% as compared to the prior year's budget. Budget Budget 2008-2009 2009-2010 Adult CD`{}hi|d and Infant ��onikins � ' $ - Multimedia Room Equipnnen� -- � 1O.0OO $ - Laptop Computers (J) $ S 3,000 TruohnlanProp $ $ - � $ - 15.000 Training Tower Stairs Repair Porta'Count Machine (FaoePie�eFit��S�aU $ 61000 $ - ` Storage � - � 2000 ' CAPITAL PURCHASES - VEHICLES-BUDGET LINE 170 As with 'the 2008-2009 buclget, 'the 2009-2010 budget con-i[ains no provision for the Purchase 01' replacement vehicles. Budget Budget Replacement Vehicles: 2008-2009 2008-2010 None - ITOTAL CAPITAL PURCHASES - SHOP EQUIPMENT-BUDGET LINE 171 The 2009-2010 budget reflects a decrease of $1,700, or 45%, as compared to -the prior year's budget. Miscellaneous Capdo\Tools TOTAL Budget. Budget 3O08-2000 2809-2010 2,000 aJBu 709oI-170980709 00 00'10Dmf#1 001-5220-064-023 CAPITAL PURCHASES - LOGISTICS/WAREHOUSE- BUDGET LINE 172 No provision for Capital Purchases for the Logistics /Warehouse is made in the 2009-2010 budget. Shelving Budget Budget 2008-2009 2009-2010 5.000 $ I TOTAL — 5,000 $ 001-5220-064-015 CAPITAL PURCHASES-HAZMAT TEAM-BUDGET LINE 173 This budget line reflects a decrease- of $3,000, or 37%, as compared to the prior year. Budget Budget 2008-2009 2009-2010 Replacement Suits and Gloves 8,000 $ 5,000 TOTAL 8,000 $ 5,000 001-5220-064-0,07 CAPITAL PURCHASES - DIVE TEAM - BUDGET LINE 175 The 2009-2010 budget reflects in increase of ?8,000, or 33%, as compared to the prior year's budget. Budget Budget 2003-2009 2009-2010 Zeag[e Rapid Diver Packs (5) 5,000 $ )Plhitess HazMat Dry Suits (2) $ - $ 4,000 1 st Staite Regulators - Environmentally Sealed $ __1,OOO. _$ __ - TOTAL 6,000 $ 4,000 67 09-10 0 ra It 161 1 �k 001-5220-064-014 CAPITAL PURCHASES - FIRE APPARATUS - BUDGET LINE 174 No provision is made for the purchase of fire apparatus in the 2009-2010 budget. Replacement Engine Water Tanker/Tender Budget 20W3-2009 480,000 $ 0 TOTAL 480,000 1 $ BJ!31[Db 7-09-0 C17 -17-018 -07-09 Budget 2009-2010 68 09-10 Draft DESIGNATED RESERVES - 2009 - 2010 In September of 2002, the Board of Fire Commissioners created Designated Reserves in the General Fund. These Designated Reserves have expanded in both classification and amount over the last several fiscal years as the Board has continued to identify the funding of these reserves as a priority for the District, especially during these times when future property values are anticipated to decline. A Designated Reserve is a portion of the General Fund's Cash Reserve which the Board identifies to be used for a specific purpose, such as the replacement of fire apparatus. By designating a portion of the cash reserve, the Board is in effect providing for major purchases over the course of several fiscal years. The Board can eliminate (or "undesignate" ) or change the amount of a Designated Reserve at any time, by resolution or motion, should a need arise. Pursuant to projections for September 30, 2009, the Designated Reserves at that fiscal year end should be as follows: Category Maintaining Level of Service Replacement Radios /Communications Health Insurance ALS Program GASB 45 -Post Emp. Benefit Funding Loan -Lump Sum Payment Emergency Reserve Operating Reserve Fire Apparatus Building Fund Vehicle Replacement SCBA Replacement Capital Equipment Disaster Preparedness St. #46 Improvements Personal Protective Gear Total- Designated Reserves Total- Undesignated Reserves Total Reserves Projected 9 -30 -09 Projected 9/30/2009 $ 3,948,144 $ 300,000 $ 500,000 $ 500,000 $ 500,000 $ 2,400,000 $ 1,800,000 $ 1,500,000 $ 100,000 $ 160,000 $ 1,501,000 $ 20,900 $ 100,000 $ 13,330,044 $ _ 606,930 $ 13,936,974 BJB1bb 8 -10 -09 69 09 -10 Draft 161 1 � BJB /bb 9 -03 -09 70 09 -10 Tentative Hearing Designated Reserves at 9 -30 -10 Category Estimated Balance at 9 -30 -09 Spent 09 -10 Reallocated 09 -10 Balance 9 -30 -10 Maintaining Level of Service $ 3,948,144 $ 1,938,640 $ 2,009,504 Replacement Radios $ 300,000 $ - $ - $ 300,000 Health Insurance $ 500,000 $ - $ - $ 500,000 ALS Program $ - $ - $ 552,000 $ 552,000 GASB 45 -Post Emp. Benefit Funding $ 500,000 $ - $ - $ 500,000 Loan-Lump Sum Payment $ - $ - $ - $ - Emergency Reserve $ 500,000 $ - $ - $ 500,000 Operating Reserve $ 2,400,000 $ - $ - $ 2,400,000 Fire Apparatus $ 1,800,000 $ - $ - $ 1,800,000 Building Fund $ 1,500,000 $ - $ - $ 1,500,000 Vehicle Replacement $ 100,000 $ - $ - $ 100,000 SCBA Replacement $ 160,000 $ - $ - $ 160,000 Capital Equipment $ 1,501,000 $ - $ - $ 1,501,000 Disaster Preparedness $ - $ - $ - $ - St. #46 Improvements $ 20,900 $ - $ - $ 20,900 Personal Protective Gear $ 100,000 $ - $ - $ 100,000 Total- Designated Reserves $ 13,330,044 $ (1,938,640) $ 552,000 $ 11,943,404 Total - Undesignated Reserves $ 606,930 $ (606,930) $ - Total Reserves Projected 9 -30 -09 and 9 -30 -10 $ 13,936,974 $ 11,943,404 BJB /bb 9 -03 -09 70 09 -10 Tentative Hearing 1 6 IMPACT FEE FUND Chapter 99 -450, the District's codified enabling act, Article VI, Section 8 establishes the Board of Fire Commissioners' right to assess impact fees. Pursuant to Florida law, an impact fee must comply with the "dual rational nexus" test which requires "a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population generated by the subdivision." Additionally, there must be a reasonable connection between the expenditure of the funds and the benefits to those paying the fee. Impact fees must be designated and segregated for the purchase or construction of capital assets (that is, items costing more than $1,000 and having a life of more than one year) required due to growth of -the District. Costs to maintain, staff or replace a facility or piece of equipment may not be funded by impact fees. The Board of Fire Commissioners establishes the impact fee rate schedule each year by resolution when adopting the annual budget for the fund. In January of 2006, the District, along with the other independent fire districts in Collier County, received a study on impact fee raf-es prepared by an independent consultant. Contained within that study is the recommendation for -the District_ to increase the impact fee rates to $.28 per square foot for residential structures and $.99 per square foot for commercial structures. In October of 2007, the Board adopted this revised fee structure. As with the 2008 -2.009 Impact Fee Fund Budget, revenue projections are conservative based on the anticipated slow down of new construction within the District. Since revenue estimates are conservative, expenditures from the Impact Fee Fund per the 2009 -2.010 budget reflect provision for the site development, engineering and other associated fees for the construction of Station 4 -48 on Livingston Road. The Board has long acknowledged the need for this station, and identified it as the priority I or use of impact fees in the 2009 -2010 fiscal year. BJB /bb 8 -10 -09 1 09 -10 Draft 161 1� NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT IMPACT FEE FUND BUDGET - 2009 -2010 Budget Estimated Budget INCOME 2008 -2009 Sept. 2009 2009 -2010 1 Impact Fees $ 11200,000 $ 450,000 $ 450,000 2 Other 3 interest $ 20,000 $ 3,200 $ 2,000 TOTAL INCOME $- 1,220,000 $ 453,200 $ 452,000 EXPENSES 4 Station #410 - Oakes $ - $ - $ - 5 Purchase of Shop /Maint. Facility (30 %) $ - $ - $ - 6 Emergency Traffic Device - St. 42 $ - $ - $ - 7 Collection Fees $ 18,000 $ 6,000 $ 6,000 8 New Vehicles $ - $ - 9 Station #410 & #411 $ - $ 350 $ - 10 Emergency Traffice Device -St. #40 $ - 11 Engineering /Permitting Fees -St. #49 $ - 12 Station #48 -Eng. /Arch. /Permitting, Site Development, Construction $ 1,200,000 $ 180,000 $ 400,000 Total Expenses $ 1,218,000 $ 186,350 $ 406,000 Fund Balance (Deferred Revenue) at 9 -30 $ (200,000) $ (306,127) $ (39,277) Income Expenses $ 1,220,000 $ (1,218,000) $ 453,200 $ (186,350) $ 452,000 $ (406,000) Fund Balance (Deferred Revenue) at 9- 30- 0919 -30 -10 $ (198,000) $ (39,277) $ 6,723 09 -10 Draft BJB1bb 8 -10 -09 161 1� Inspection Fee Fund In February of 2003, the Board of Fire Commissioners established the Inspection Fee Fund by Resolution 03-001. This fund was created in compliance with Collier County Resolution 01 -313, dated July 31, 2001. Collier County Resolution 01-313 requires that all -fees received from fire inspections on newly constructed structures be designated and allocated for -the sole purpose of funding new construction inspections, Including training and equipment relating to the field of construction inspections. Collier County collects -these inspection fees for all of the independent fire districts and distributes them on a monthly basis to the East Naples Fire Control and Rescue District, the designated administrator of the inspection fees. The administrating district then distributes these -fees, less a 1% administrative fee, to each district. Upon the creation of this fund, the Fire Marshal identified those employees within the Fire Prevention Bureau whose job responsibilities were identified as new construction related, and what percentage of that employee's time was so dedicated. Currently, there are five Fire Inspectors who are completely dedicated to new construction inspections (that is, 100% of their wages are charged to the Inspection Fee Fund). Additionally, 75% of the Fire Marshal's and 70% of two administrative assistants' I I wages are also charged to the Inspection Fee Fund. The 2009-2010 Inspection Fee Fund Budget provides for only wage and social security expenses, even 'though other personnel related, operating and capital expenditures are allowable. Based on the decline in receipt of Inspection Fees during the 07-08 and 08-09 fiscal years, no other expenses have been provided for, anticipating a similar decrease in revenue for the 2009-2010 fiscal year. Should receipts be more than anticipated, the Board can always reallocate addition,:_:fl -expenditures from the General Fund to the Inspection Fee Fund. BJB/bb 8-10-09 1 09-10 Draft 16 1 A BJB /bb 09 -09 -09 1 09 -10 Final NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT INSPECTION FEE FUND 2009 -2010 BUDGET Amended Budget Estimated Budget 2008 -2009 9/30/2009 2009 -2010 INCOME 1 Inspection Fees $ 425,000 $ 425,000 $ 637,000 1 2 Interest $ 2,000 $ 1,963 $ 1,500 2 Total Income $ 427,000 $ 426,963 $ 638,500 Personnel Expenses 3 Salaries $ 612,853 $ 406,926 $ 564,946 3 4 Professional Pay $ 4,800 $ 12,000 4 5 Overtime $ - $ - $ - 5 6 Sick Leave Pay $ 19,326 $ 17,234 6 7 Social Security $ 50,391 $ 44,136 7 8 Retirement - FRS $ - $ - $ - 8 9 Retirement - 175 $ - $ - $ 9 10 Disability Insurance $ - $ - $ - 10 11 Worker's Compensation $ - $ - $ - 11 12 Life /Health Insurance $ - $ - $ - 12 13 Employee Physicals $ - $ - $ - 13 Total Personnel Expenses $ 687,370 $ 406,926 $ 638,316 Operating Expenses 14 Telephone (inc. cell and pager) $ - $ - $ - 14 15 Utilities $ - $ - $ - 15 16 Office Supplies/ Equipment $ - $ - $ - 16 17 Uniforms $ - $ - $ - 17 18 Dues & Subscriptions $ - $ - $ - 18 19 Fire Prevention Materials $ - $ - $ - 19 20 Training $ - $ - $ - 20 Total Operating Expenses $ - $ - $ - Capital Purchases 21 Office Facility - Prevention $ - $ - $ - 21 and Renovations Thereto 22 Vehicles - New Inspectors $ - $ - $ - 22 Total Capital Purchases $ - $ - $ - TOTAL EXPENSES $ 687,370 $ 406,926 $ 638,316 FUND BALANCE (RESERVE) AT 10 -01 $ (20,037) $ (20,037) $ - INCOME $ 427,000 $ 426,963 $ 638,500 EXPENSES $ (687,370) $ (406,926) $ (638,316) FUND BALANCE 9 -30 $ (280,407) $ - $ 184 BJB /bb 09 -09 -09 1 09 -10 Final Fiala Halas Henning Coyle Colette a/ June 1, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE RECEIVE' AUG 12 Zi Naples, Florida, June 1, 2009 Beard of County Comrn,,, ui ers 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 P.M. in REGULAR SESSION at Building "F," 3rd Floor, of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Stephen Hruby Vice - Chair: James Warnken John Cowan Cormac Giblin Brian Goguen (Absent) Christine Jones Kenneth Kelly Sally Masters Patrick Peck James Pusateri Bradley Schiffer Alternate (Open) ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services Frank Ramsey, Housing Manager Misc. Corres: Priscilla Doria, SHIP Loan Processor aetej 0 l 69 ;tern - 161 1 01 June 1, 2009 1. Call to Order - Chairman The meeting was called to order by Chairman Hruby at 3:03 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 quorum was established. Commissioner James Coletta attended. 3. Approval of Minutes — Chairman /All The following correction was noted: • Page 5, the sentence referring to consensus for the resolution will read as follows: "to support that the entire project is eligible for calculation under the Affordable Housing Density Bonus Agreement even if a section of the project had already received a density bonus ( "layering" effect). Kenneth Kelly moved to approve the Minutes of the May 4, 2009 meeting as amended. Second by John Cowan. Carried unanimously, 10 -0. 4. Approval of Agenda — Chairman /All James Pusateri moved to approve the Agenda as presented. Second by Sally Masters. Carried unanimously, 10 -0. 5. Information Items A. Presentation on Home Buyers Education Programs by Kathy Patterson, Housing Development Corporation of SW Florida, and Ana Salazar, Empowerment Alliance of SW Florida Copies of a brochure from the Housing Development Corporation and a presentation from the Empowerment Alliance were distributed to the Committee. Ms. Patterson introduced Kathleen Guevarra and Michael Puchalla who conduct the educational program for HDC. HDC Points covered. • The HCD is sponsoring a Housing Fair on June 131" at the Golden Gate Community Center from 11:00 AM to 2:00 PM • The Home Buyer Education Program is presented on a monthly basis in English and Spanish • Workshops are advertised on the website, collierhousing.org, and are free to the public • The class is currently six hours and will expand to seven hours in July with one hour of counseling for participants in the NSP Program • The curriculum was developed by Neighbor Works America — "Realizing the American Dream" • Class topics include: o Are you ready to buy a home? o Understanding how to finance a home and budgeting o How to find down - payment and closing cost assistance o Understanding credit and how to improve your score 16i 1 f�l June 1, 2009 o Understanding the home buying process — how to look for a home o Home maintenance after purchase • Upon completion, participants will receive a certificate which enables them to apply for SHIP funds and other government programs • HDC is a HUD - approved counseling agency and offers foreclosure prevention counseling on behalf of the National Foreclosure Mitigation Counseling Program • Individual credit counseling is also available Marcy Krumbine stated the Housing Development Corporation is one of two agencies that conduct homebuyer education classes for the County. The Empowerment Alliance of SW Florida concentrates on the area east of 951. Ms. Salazar stated Homebuyer Education classes are offered in English, Spanish and Creole. She stated the agency is currently working with approximately 20 clients. The Alliance assists clients throughout the entire home buying process from qualification, through closing and after the family has moved into the home. Foreclosure counseling is also offered. The Alliance was able to modify mortgage loans for five clients which prevented foreclosure and allowed the clients to retain their homes. The Empowerment Alliance built a 26 single - family home development in Immokalee ( "Milagros Place "), and is starting a new development, "Esperanza," in the near future. Discussion ensued concerning funding sources for the agencies, the credit repair process, predatory lenders, foreclosure and credit repair scams. Commissioner Coletta suggested drafting a Public Service Announcement to air on the County's TV Channel to alert the public to the problem of scams. Marcy Krumbine stated Housing & Human Services will work in conjunction with the Foreclosure Prevention Taskforce to develop PSA slides. Christine Jones volunteered to assist. B. Subcommittee Update: Frank Ramsey • The Subcommittee met on May 20th • First priority: to examine challenges to the Mortgage Banking Industry and how to strengthen the Collier County Loan Consortium • Suggestion: assemble a forum for discussion with key members of the mortgage industry • A report on the topic will be prepared for presentation to the entire Committee • Also suggested: conducting formal hearings on targeted issues throughout the year C. Update on NSP ( "Neighborhood Stabilization Program ") — Marcy Krumbine/ Frank Ramsey • 135 foreclosed properties were inspected in the three targeted zip codes (34120, 34116, 34112) • Offers were made on 118 properties; 24 contracts are in place with 12 offers pending • First home purchase closed in May, 2009 16! 1 (�k June 1, 2009 • Committed: $1.6M • 31 % of the Grant funding has been spent to date • Average purchase price: $68,500 • Average rehab costs: $25,500 • Average sales price: $94,000 Frank Ramsey stated there were 54 completed submissions from contractors in response to the RFP ( "Request for Proposals ") and 52 were determined to be eligible. Marketing for the project will be done through the County's TV Channel and the County's website, as well as through the Department — a list of interested parties will be compiled by Lisa Carr, Housing Outreach Coordinator. The cost for newspaper ads is being researched. Possible alternative marketing: U -Tube and Facebook. Notices will be sent to other agencies. D. Update on the Status of the SHIP Program — Frank Ramsey • No funds were allocated for the next fiscal year which begins July 1St • Collier County will lose $3M • A new program will allow up to $8,000 for down payment assistance but the funds must be repaid when the buyer receives his /her tax refund check • The proposed allocation, State -wide, for the new program is $30M; the funding will be limited 6. Summer Meeting Schedule — Chairman /All James Pusateri moved to not hold a meeting in July. Second by Brad Schiffer. Carried unanimously, 10 -0. Next meeting: August 3, 2009 at 3:00 PM There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:55 PM. Collier County Affordable Housing Advisory Committee The Minutes were approved by the Board /Committee Chair on as presented -1, , or as amended Fiala Halas Henning Coyle Coletta 161 1 August 3, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE RECEIVED Naples, Florida, August 3, 2009 SEEP Q g 2W9 mare of County (omrNesfonem 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 P.M. in REGULAR SESSION at Building "F," 3rd Floor, of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Stephen Hruby Vice - Chair: James Warnken (Excused) John Cowan Cormac Giblin Brian Goguen Christine Jones ,A^oM Kenneth Kelly (Absent) Sally Masters Patrick Peck James Pusateri Bradley Schiffer Alternate (Open) ALSO PRESENT: Marcy Krumbine, Director, Housing & Human Services Frank Ramsey, Housing Manager Margo Castorena, Grants Operation Manager Mist Cones: Priscilla Doria, SHIP Loan Processor Date: Item #: 161 I ok August 3, 2009 1. Call to Order — Chairman The meeting was called to order by Chairman Hruby at 3:02 PM. Chairman Hruby read the procedures to be followed during the Meeting. 2. Roll Call of Committee Members and Staff The roll was taken and a quorum was established. 3. Approval of Minutes — Chairman /All James Pusateri moved to approve the Minutes of the June 1, 2009 meeting as submitted. Second by Sally Masters. Carried unanimously, 9 -0. 4. Approval of Agenda — Chairman /All Frank Ramsey asked to amend the Agenda to hear Item 5(E) first. James Pusateri moved to approve the Agenda as amended. Second by Patrick Peck. Carried unanimously, 9 -0. 5. Information Items E. Presentation of CAPER ( "Consolidated Annual Performance and Evaluation Report ") — Margo Castorena, Grants Operation Manager A PowerPoint presentation was given. Points covered. • CAPER - review of the Action Plan for 2008 -09 • Goals: create opportunities for affordable housing, provide a suitable living environment, decent housing, and expand economic development • $4,111,036.64 was expended during Fiscal Year 2008 -09 • Many activities were accomplished. Listed are a few mentioned in the Presentation: o Provided purchase assistance to 190 first -time homebuyers, o Provided credit and /or foreclosure counseling to 750 prospective home buyers, o 55 affordable rental units are in the process of completion in Immokalee, o Rehabilitation of 55 owner - occupied properties through the Single - Family Rehab Program, o 27 foreclosed properties were purchased for rehabilitation and resale, through Habitat for Ilumanity and H.O.M.E. ( "Housing Opportunities Made for Everyone "), o Provided tenant -based rental assistance to 27 families through the Collier County Housing Authority, o Land acquisition — assisted with the purchase of 6.5 acres at "Esperanza Place," #Wg&Q.S o '11, -A Iles Preserve" — paving /lighting /landscape project is in the process of completion Immokalee Non -Profit Community Center: funds were allocated to hire a full - time Manager to create programs for the children Shelter for Abused Women and Children: created the "gentle "men abuse prevention educational program targeting middle school boys 16 J �� August 3, 200 Received $888,850 in funding for the Homeless Prevention and Rapid Re- housing Program Draft will be presented to the Board of County Commissioners on September 15th for review and approval Final Report will be submitted to HUD by the September 28th deadline A. Subcommittee Update: Frank Ramsey • Meeting focus: Obstacles to obtaining a mortgage for the first time homebuyer • Suggested Workshop participants were identified: realtor, banker, Foreclosure Prevention Counselor, a representative from a non -profit organization to discuss CRA credits • Will identify dates and location for the Workshop to be held in September • A report on the results of the Workshop will be prepared for presentation to the entire Committee • Also suggested: Minutes of the Subcommittee's meetings to be emailed to the Members B. Update on NSP ( "Neighborhood Stabilization Program ") — Marcy Krumbine/ Frank Ramsey Copies of the data submitted to HUD were distributed. • Received funds from HUD in March, 2009 • Deadline to expend funds: September, 2010 • 19 homes have been purchased by the County • 7 rehab contracts have been awarded with a potential for 7 more by the end of August • Rehabbed properties will be available for sale by the first week of September • Available properties will be advertised on the County's website and possibly on YouTube • Potential commission for Realtors: $1,500 per unit C. Report on NSP2 Application — Frank Ramsey • An application was submitted to HUD for $1 OM to continue and expand the Program • Foreclosure is a County -wide problem and is not limited to specific zip codes • Will examine expired permits to locate additional vacant or abandoned properties • Will partner with non -profit organizations to leverage projects, i.e., to obtain land for re- development of rental properties as well as single family homes D. Report on DRI ( "Disaster Recovery Initiative ") Funds from Tropical Storm Fay — Frank Ramsey • Allocation: $2.6M from HUD • Collier County must submit its application ( "Plan ") by October 1, 2009 • Funds will be used to hardened properties for hurricane mitigation or replace properties that are beyond repair • The Department of Community Affairs ( "DCA ") is the Grantor (through HUD) 161 l O August 3, 2009 6. Review of Applicants for Alternate Position and Recommendation to BCC — Chairman Both Applicants were qualified under the "Citizen at Large" category. Sally Masters nominated Randy Anderson to serve as the Alternate for the Affordable Housing Advisory Committee. Second by Bradley Schiffer. Carried unanimously, 9 -0. (The Committee's recommendation will be presented to the Board of County Commissioners for approval and appointment.) 7. Labor Day Meeting Dates discussed: August 31st or September 1st. Staff will research locations and email options to the Committee. The BCC's Chamber will not be available for the November and December meetings. A suggestion was made to schedule the meetings at Naples City Hall. Staff will research available dates and will present the information at a future meeting. Next meeting: To be determined. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:05 PM. Collier County Affordable Housing Advisory Committee The Minutes were approved by the Board/Committee Chair on 11/31/4 as presented , or as amended X. Memorandu To: Board of County Commissioners Executive Aide to BCC From: Priscilla Doria Housing and Human Services Date: 9/9/09 Subject: Affordable Housing Advisory Committee Minutes 16 1 1 ))' RECEIVE[) SEP 0 9 2W9 Hoord of o0unpr CpR "31m Attached you will find the minutes of the Affordable Housing Advisory Committee meeting of August 3, 2009 Please sign below acknowledging a copy of said minutes and return this form for our records or fax back to: 239 - 252 -6518 Signed Title Print Name Date Department of Housing And Human Services 16' Naas COLLIER COUNTY AIRPORT AUTHORITY RECEIVED N oy`e NUTES OF REGULAR MONDAY, JUNE 8, 2009 MEETIN %6 14 2009 G (, \O V EM RS Byron Meade Michael Klein Frank Secrest Lloy`drbVL?Wo" rnjmoners PRESENT: Jim Murray Dave Gardner STAFF: Theresa Cook Debbie Brueggeman Colleen Greene Winona Stone PUBLIC: Dr. Joe Heinzman Tammy Nemecek Brooke Gabrielsen Pat Utter Tim Parker Penny Phillippi Tom Scott Pete Salazar Dave Turrubiartez I. MEETING CALLED TO ORDER Meeting called to order at 1:00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Mr. Murray then made a motion to approve the agenda. Mr. Klein seconded, and the Agenda was approved by a 6 -0 vote. IV. AWARDS AND PRESENTATION No awards were presented at the June 8, 2009 meeting V. APPROVAL OF MAY 11, 2009 MINUTES The May 11, 2009 minutes were amended to delete Colleen Greene from the attendees. Mr. Byerhof then made a motion to approve the May 11, 2009 minutes, as amended. Mr. Secrest seconded, and the May 11, 2009 minutes, as amended, were approved by a 6 -0 vote. VI. FINANCE REPORT — MONTH ENDED APRIL 30, 2009 The Authority reiterated that "business is down." No action required. VII. WORK ORDER/AGREEMENTS STATUS REPORT The work order status report provides an update of the outstanding work orders and contracts /agreements, including payments made to date. No action required. VIII. EXECUTIVE DIRECTOR'S REPORT Updates and discussion of the following took place: Charlotte County Airport/Arcadia Aviation. Differences and similarities between the Charlotte County Airport and the Immokalee Regional Airport were discussed. Similar to the Immokalee - - Regional Airport, the Charlotte County Airport has a racetrack located on the property, has manufacturing and cattle grazing on airport property. However, unlike the ImMi $&QBB: Regional Airport, the Charlotte County Airport is easily accessible from Interstate 75 an has commercial air service. Date: item w 4:44 �. CCAA Minutes June 8, 2009 161 Page 0 e)", Eastern Collier Chamber of Commerce Breakfast. The Immokalee Seminole Casino presented its concept for a Hard Rock hotel and casino in Immokalee at an Eastern Collier County Chamber of Commerce breakfast. City of Fort Myers Incubator /Small Business Development. Mr. Thomas Scott, Director, Southwest Florida Enterprise Center, provided an overview of the City of Fort Myers Incubator facility, and provided insight as to what defines a business incubator. The 40,000 square foot facility was funded by a $1.5M Economic Development Administration (EDA), Public Works Grant and approximately $2M from the City of Fort Myers. It was initially designed for light industrial with fifteen leasable offices. Currently there are eleven businesses leasing about twenty percent of the available warehouse space and seventy -five percent of the available office space at the facility. Incubator Facility at the Immokalee Regional Airport. The "incubator" facility at the Immokalee Airport was completed in 2003. At that time, it was determined that the Airport Authority did not have the resources to manage the facility, and management of the facility was turned over to KPK Management, Inc. with a long -term lease. The Immokalee Community Redevelopment Agency(CRA). Ms. Penny Phillippi of the Immokalee CRA proposed developing a business proposal for an Incubator business in Immokalee. Dr. Joseph Heinzman, Hodges University. Dr. Heinzman and students at Hodges University are working on USDA grant applications to assist small businesses develop business plans. IX. OLD BUSINESS Mr. Klein made a motion to approve Resolution No. 09 -35 recommending that the Collier County Board of County Commissioners approve the First Amendment to the Airport Authority's Executive Director's Employment Agreement, extending the agreement for three (3) years starting on October 1, 2009. Mr. Secrest seconded, and Resolution No. 09 -35 was approved unanimously. X. NEW BUSINESS Mr. Klein made a motion to approve Resolution No. 09 -36 approving and authorizing the - Authority's Executive Director to execute a sub -lease agreement with Raven Air LLC, d /b /a Island Hoppers for Specialized Aviation Service Operations at the Marco Island Executive Airport. Mr. Murray seconded, and Resolution No. 09 -36 was approved unanimously. XI. ADJOURNMENT The meeting was then adjourned "without objection." COLLIER COUNTY AIRPORT A COLLIER CO Byron FLORIDA Y.' IAdministrationL4APoardliVfinufes106 -08 -09 minutes.docx Fiala Hales Henning Coyle — Colette RECEIVED JUL 3 0 2009 Board of County Commissioners 416 [ I to June 16, 2009 MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, June 16, 2009 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida, with the following members present: CHAIRMAN: Michele Antonia Marcia Breithaupt Dr. Ruth Eisele (excused) Sergeant David Estes Tom Kepp, Jr. Sabina Musci Jim Rich ALSO PRESENT: Amanda Townsend, Director DAS Geri Lynn Waterbury, Operations Coordinator Hailey Alonso, Administrative Assistant�,�_ 1YNRG. COrres: Kathlene Drew, Volunteer Coordinator l O l Date: fr �� 3 16 1 1 0� June 16, 2009 I. Call to Order Chairman Michele Antonia called the meeting to order at 6:34 PM. II. Attendance Attendance was taken and a quorum was established. Approximately 25 public citizens and media personnel were present. A power point presentation was projected on a large screen for the benefit of all present. III. Approval of Agenda Marcia Breithaupt moved to approve the agenda. Second by Jim Rich Carried unanimously, 6 -0. IV. Approval of Minutes of May 19, 2009 Jim Rich moved to approve the minutes of May 19, 2009. Second by Sabina Musci. Carried unanimously, 6 -0. V. Old Business A. Director's Report - Departmental Statistics and Reports (May 2009) Amanda Townsend reported: • Budget Preparation and annual evaluations were the main focus for the month. A community awareness project at Fred's Diner, reported by Kathlene Drew, was a success with a great turnout; three pups adopted and money for the Donation Trust Fund. June is Adopt a cat month. DAS is promoting 2 -for -1 adoptions; the second one requiring payment of the license fee only. B. Departmental Statistics and Reports Statistics were displayed and briefly covered. Outcomes were discussed. Chairman Antonia introduced Phyllis Estes who wanted to address the Board regarding reporting methods. She provided a copy of an older report which gave a breakdown of the reasons for each euthanization and asked that type of report be provided to the public and rescue partners. Animal Control statistics — Staff will be working on a redefined program for more accurate depiction of the types of calls the Officers are responding to. C. DASTF Update Fund revenues were slightly down, as no fund- raising events were held in May. A detailed report researched by Hailey Alonso showed the amounts of monies the Trust Fund spent, what types of medical conditions were encountered and the VI. 161 June 16, 2009 eventual outcomes for those animals. This report will be e- mailed to the DASAB. Amanda Townsend explained how the Donation Trust Fund works for the benefit of the attending public. New Business A. DAS FY 2010 Budget Amanda Townsend gave a lengthy outline of the 2010 Budget and its processes. She explained the Department was asked to provide two budgets; one at a 3% cut (millage neutral budget) and one at a 15% cut (tax neutral budget). She reviewed the services provided by DAS and noted what would have to be curtailed or eliminated under each budget scenario. She explained what a 15% cut would mean: (worst -case scenario) • Projections of how many animals would need services, projected adoptions, return to owners and euthanizations. • Number of positions that would have to be cut (9 + 1 vacated) including the Volunteer Coordinator position. • A budget cut of $390,000 — public outreach programs, educational opportunities, off -site adoptions and shelter care would be affected. • Basically resulting in less adoption outcomes and more euthanized animals She then explained what a 3% cut would mean: • No functionality of the facility affected • No staff cuts anticipated • Discretionary spending limits She also explained the mandated services under Florida State statutes and under the County Animal Control Ordinance. The services provided under the inmate labor program were also discussed. Amanda noted the BCC Budget Hearings will be held at an all -day workshop on June 29 and 30 at which time public comment will be heard. The Agenda will be posted on the County web site. The public will be allowed to comment at that time. The millage rate will be set in July, ratified in Sept. for final establishment on Oct. 1, the start date of the next fiscal year. Tom Kepp requested a listing of the number of fines issued and those actually collected. Amanda will research and provide the listing. VII. Public Comment Speakers Thomas Breithaupt had several questions regarding how many other County departments are facing the same cuts and did they have the same percentage of deficits? Do they use volunteers? Had other reductive measures such as furloughs and cutting wages been utilized? Amanda Townsend responded that all County Departments are in the same 161 June 16, 2009 situation. Volunteers are used in many, but not all departments. Furloughs were not an option for DAS which utilizes each employee to the max already. In the Public Services Division, EMS is the only one with union employees. Ben Rae asked for clarification on hearing dates and times that DAS would be taken up. Amanda responded all the injormation will be posted on the County web - site. Pamela Rae expressed fears that cuts in adoptions would hamper rescue groups, who would be overloaded. Taxpayer would be paying for euthanasia, rather than adoptions and would stop bringing animals to DAS. This would give both DAS and the County a terrible name. She encouraged everyone present to go to their Commissioners. Amanda Townsend made note that adoptions would still take place through DAS non-profit partners. There would just be no public adoptions. Janet Rossano asked if anyone had considered the impact on the County and the community in the dumping of animals. Her suggestions: • The County needs to find other avenues than cutting animals services. • The Public and the Department workers need to be proactive. • Work more with rescue groups and increase volunteerism to save money • Get the community involved. If you ask they will help. • If people are willing to help, the County should get behind them to get the word out to the general public. • Petition the Commissioners • A moral responsibility is involved Thomas Breithaupt agreed and expressed his frustration with his experience to get the IT Dept. to provide a daily "pet -of -the -day" on the web -site, even after offering to provide the Web -cam. He commented on the helpful and caring government workers who don't get praised enough and those that belong on the "County Wall of Shame ". Karen Acquard encouraged all associated organizations to get vocal, e-mail and phone their members to flood the Commissioners with their concerns, stating they are elected officials and will listen to the facts that: • There is a difference between median plants and live animals • There are only so many animals the rescue groups and individuals can take in and afford to care for. • The irresponsible pet owners should be euthanized not the pets. She also stated she is heading up the Howl -a -Day Jubilee to be held on November 21, 2009 and is looking for volunteers and vendors. Contact person will be Geri Lynn Waterbury at DAS. 1 6 June 16, 2009 Stephen Wright noted if pet adoptions were part of the Mission Statement there would be no question about cutting adoptions. He stated a possible scenario could be: If DAS will be only about health and law enforcement, conceivably, the Health Dept and Sheriff s Dept. could take over those functions, the non - profits could take over the pet adoptions and the County could do away with DAS altogether. He emphasized that DASAB has the responsibility to add pet adoptions to the Mission Statement. Teri Lacastro, Animal rights advocate. Read from an article about a successful animal court case on animal cruelty in another county. She told about her own experience with an owner of a flea - ridden, chained -in- the -sun animal. Animal Control was unresponsive, stating there was no law against chaining an animal. She wanted to know why nothing is done about it and, what needs to be done to get dogs off chains. She stated Miami has implemented many helpful laws for animals, why not Collier? She was very concerned that no one will want to bring an animal to DAS if it's going to be euthanized. Amanda Townsend responded that it was the full intention of DAS to have anti - cruelty and anti - chaining laws introduced into the Animal Control Ordinance next time it is revised. Thomas Breithaupt suggested taking pictures or a video of such incidences and sending them to the newspaper. He also noted the County needs to see the cost of not doing something instead of just looking at the cost to do things. Rose Searesbrick requested statistics on how many animals are taken from DAS by various individuals and groups who find adoptive homes for them. She also suggested publishing the names in the newspaper of non fine- payers. VIII. Advisory Board Comments Sgt. David Estes stated that all Departments will have to cut spending. Money needs to be brought in before it can be spent, without emotions getting in the way. Everyone has a different opinion of what is important. He spoke about everything that goes into growing a community and reminded those present that the taxpayers voted on the tax reductions; the consequences are that services need to be cut. He encouraged the public to speak at the BCC Budget hearings and to come every month to DASAB meetings. He foresees the 3% will pass. He thanked them for their passionate interest. Marcia Breithaupt suggested DAS become a partner with ASPCA's Mission Orange, which promotes increasing adoptions and eliminating euthanasia. DASAB members wanted to learn more about the organization. Jim Rich stated he would find it hard to see DAS without adoptions. He has sent out 50 to 60 letters to various clients and groups already. He would like to see a five -year plan for expected animal population expansion. 16 1 1 K3 June 16, 2009 Tom Kepp stated a need to enforce the rules, charge fines, raise the non -spay & neuter fee as well as develop ways to enforce collections, like the DMV does. Discussion followed regarding Community involvement and laws to deal with, both County and State. Sabina Musci commented on the passionate discussions and the frustrations expressed against irresponsible pet owners by those who feel animals are family, when Laws and Ordinances consider them property. She stressed the importance of speaking out at the BCC budget meetings on the June 29th and 30tH Chairman Michele Antonia encouraged everyone to participate in continuing to help the Advisory Board getting the word out to the public, to come to the DASAB meetings and tell the Commissioners to push for the 3% budget. She thanked everyone for their comments and interest. Next Advisory Board Meeting is scheduled for July 21, 2009 at the Domestic Animal Training Room, Davis Blvd., Naples, Florida There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 8:33 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chairman Michele Antonia These minutes a roved by Board /Committee on as presented or as amended AUG t 1 1 �r �� �x Fiala Halals 21 2 Henning Coyle Coletta =' MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, July 21, 2009 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida, with the following members present: CHAIRMAN: Michele Antonia Marcia Breithaupt Dr. Ruth Eisele Sergeant David Estes (absent) Tom Kepp, Jr. Sabina Musci Jim Rich ALSO PRESENT: Amanda Townsend, Director. DAS Nan Gerhardt, Shelter Operations Mgr. GeriLynn Waterbury, Operations Coordinator, DAS Dr. Karen Brown, Veterinarian, DAS Dana Alger, Animal Control Officer Supervisor Hailey Alonso, Administrative Assistant, DAS Misc. Corres: It m t. 16 1 July 21, 2009 I. Call to Order Chairman Michele Antonia called the meeting to order at 6:36 PM. II. Attendance Attendance was taken and a quorum established. III. Approval of Agenda Dr. Ruth Eisele moved to approve the agenda as amended. Second by Sabina Musci. Carried unanimously, 6 -0. IV. Approval of Minutes of June 16, 2009 Changes: Page 3 -VI. A. New Business - change bulleted items 2, Sand 4 are to read. • Number of positions that would have to be cut is 6 including Volunteer Coordinator position. Nine plus I already vacated are empty as a result of cuts over the past three ey ars. • A budget cut of $390, 000 — the eg neral public adoption program, veterinary clinic and volunteer program would he eliminated • Basically resulting in ewer adoption outcomes and more euthanized animals Page 5 Line 2 under Teri Lacastro's comments is to read. "...successful animal court case on animal cruelty in Collier County. " (Underlined words indicate additions or replacements) Sabina Musci moved to approve the minutes of June 16, 2009 as amended. Second by Jim Rich. Carried unanimously, 6 -0. V. Old Business A. Directors Report Amanda Townsend provided an update on DAS activity for the past month. • Passing of the Budget with the lesser drastic cuts • Employee evaluations completed • Work plans for next year • Ongoing investigation in Immokalee on "chicken hoarding" of 187 birds in deplorable conditions and five dogs, reported by an anonymous caller. Investigations involving both animal owner and property owner followed as well as a Veterinarian's assessment of the site. A warrant for search and seizure included granting of custody and authorization for humane disposition of the animals. Service of the warrant will be handled through the Sheriff's Office. Amanda introduced six of the seven office staffers of DAS. (Kathlene Drew, Volunteer Coordinator was away). She reported 32 people were on staff and spoke of their daily duties and assigned projects. B. Departmental Statistics and Reports (handouts — attached — June 2009) Statistics were reviewed and discussed. Summary as, follows: • Intake was down except for cats. • A new report per the DASAB's request to show reasons for euthanasia 2 16 1 1 (p my 21, 2009 broken down and divided by dogs and cats. • Spay & Neuter - 600 to date w • Revenue exceeded in licensing and will continue to exceed through 2009. • Donation Trust Fund continues to fluctuate. DASAB requested a different scanning method for more legible printouts of Statistics Reports. C. Summer Schedule Discussion ensued with the consensus being to meet on August 18, the regular meeting schedule. D. Summary of LDC Regulations on Animals Amanda Townsend requested this item and item VI. Topic A. (Stronger Local Lemon Laws) be discussed following item VI. topic B. in conjunction with the Departmental Projects for 2010 discussions. VI. New Business A. Stronger Local Lemon Laws (Discussion deferred to follow item B.) B. 2010 Potential Department Projects (handout) Amanda Townsend prepared an extensive report of 2009 DAS accomplishments showing Five Key Results Areas which are items the whole County staff is individually critiqued on. The Areas are: • Strategic Planning • Customer Focus • Resource Management • Effectiveness/Productivity • Safety A bulleted list of Progress/Results was shown for each Key Results Area of the integrated goals to meet the County's needs. She explained that everything is related to the County's strategic plan and each department's balanced score card and is aligned to focus on the County's goals. She reviewed some of the individual accomplishments achieved in 2009. Those projects still in progress will be rolled into the projects set up to move the department forward in 2010. A second document handout was from a system adopted by the County using a "balanced score card ". This contained four key concept areas for running a good business — • Servicing the customer • Managing financial resources • Running an efficient business and • Building team employees wb Based on this concept, all County departmental projects are set up. ]ul Y 22009 Questions arose on exploring behavioral testing. Nan Gerhardt responded that on -line training is underway for general behavioral training with staff. More research on this controversial issue would need to be conducted such as methods, liabilities, legal ramifications, etc. The third document presented was a compilation of projects and suggestions researched and received from many sources and from Public input. All great suggestions, but not all appropriate for DAS. Many could be initiated and implemented by the community. The DASAB will review these documents and create a prioritized list for discussion at the next meeting. Jim Rich suggested setting half the next meeting aside for a workshop to set up a priority list. Michele Antonia reported on the status and accomplishments of the Cat Coalition who have finally received their tax -free status and is now a 501(c) 3 corporation. AmandaTownsend spoke about the Calgary program as a good model to emulate. She has support from the County Manager to focus on improvement of the licensing program Discussion followed on licensing programs with significant input from Dr. Karen Brown and Dr. Ruth Eisele. Items slated for discussion at this time were tabled and will be encompassed in the 2010 Potential Projects, which will come back in the August meeting. C. Responsible Pet Ownership — Linda Stevens Ms Stevens was not able to be present. Her letter regarding pet behavior and obedience classes was presented and briefly discussed. This topic will be put on the Agenda for next month as requested by Ms Stevens. D. Micro Chipping — Jim Rich Jim Rich requested information regarding scanning for Micro chips at DAS. • He requested a 3 -month trial program, for strays and surrendered animals, using a record - keeping spreadsheet and efforts to track true ownership. • Adopters and Adoption and Rescue Groups be required to microchip and register pets with penalty attached. Amanda Townsend explained the DAS uses pre- registered microchips. All strays and surrendered animals are scanned If they are micro- chipped and the person allows DAS to photocopy their driver license and signs a surrender form, they are deemed to be the owner of the pet. No further search is conducted. Lengthy discussion followed. Amanda Townsend will write a policy for educational purpose for the DASAB. 4 6� luiy 21, 2009 VII. Public Comment Tom Breithaupt questioned the following: 1. Income Revenue breakdown —what is approx income via licensing 2. Qpdf.com - suggested it be used for printout of statistics 3. Lemon Law questioned wording -- (Answer -Pet Lemon Law pertains to pet shops and retailers) 4. RE: Euthanasia stats —50% of adoptable healthy animals were euthanized? Answer -Yes He spoke at length on the following points: 5. He contacted DAS facilities in 4 states, reporting on their successes 6. Engaging veterinarians -Issue I or 3 yr licenses - Problems with over - vaccinations 1 -yr & 3 -yr tag ($10 & $30) for license /rabies - color coded 7. 3 topics -I.DAS Citizen Support 2. DAS Mission Statement 3. DAS 5 -yr Success Plan • He cited other cities' records with licensing, euthanasia, and enforcement resulting in higher levels of revenue and lower euthanasia statistics. • Education — Scouting groups, boys & girls clubs church groups - some pay for the learning experience • Financial- cost reduction through enforcement • Enforcement - brings veterinarians business; meet with them; enforce the law. Daniel Scarisbrick requested the DASAB to re- consider adoption being put into the Mission Statement. DAS was commended for their work but to avoid a situation such as a recent court case, adoption should be made part of the Mission Statement. He stated, if it is not, the public should be told -why not. Stephen Wright spoke about: • The micro chip /owner identification issue. He noted you cannot buy or sell a car or house (your property) unless you can prove ownership. It should be no different for an animal (your property). • The Key Results Area document under Effectiveness /Productivity: "Working with County Attorney's office to develop alternatives to mass impounds ". He questioned, "What alternatives ?" Could it mean Mass euthanasia? (Amanda the meaning of "mass impounds " in the context it was used) • Regarding Temperament testing - It was not proven reliable and doesn't solve everything, from what he's read. • Commended the positive things done by DAS, but disappointed in the lack of support for adoptions by DASAB by their vote against adding adoptions to the Mission Statement. He feared that adoptions could be ended at any time. • He provided a sign up sheet for those DASAB members willing to speak one on one with him. An active discussion followed. VIII. Advisory Board Member Comments 16 1 July 21, 2009 Sabina Musci asked how DAS determines temperament testing of dogs being adopted who might be returned for behavioral problems. _ Nan Gerhardt cited DAS staff training and experience in observation of pet behavior was utilized to determine suitability for adoption. Sabina noted an owner's responsibility to put pets in a safe place when on vacation. Jim Rich spoke about the difference in opinion of what is important. Since County Commissioners gave a mandate and money to save the adoption program; the number of adoption continues to fall, why not put it in the Mission Statement. Marcia Breithaupt inquired about a counselor to work with adoptive owners. Amanda Townsend responded she has been looking for a volunteer to train for that. Staff also will take a counseling approach with adoptees. Marcia stated she also would like to see a public park, public beach and training in obedience opportunities on the projects list. Dr. Ruth Eisele commended DAS on all they do. Though she took no position one way or the other, she stated the stated general impression was that the adoption issue was used to accomplish monetary goals, which would not have been the case if it was in the Mission Statement and thus unable to be cut. Regarding behavioral testing, her advice was not to worry about it. Nan Gerhardt stated the decisions concerning euthanasia were tough on staff, and it was good to see it generating a lot of discussion. Public Request was made to put DAS Mission Statement on the next Agenda. Next Advisory Board Meeting is scheduled for August 18, 2009 at the Domestic Animal Training Room, Davis Blvd., Naples, Florida There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 8:52 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES �r hIrman MicheWAntonia r, These minutes approved by Board/Committee on ° C/ as presented or as amended 6 & THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT A14AftCY COMMUNITY REDEVELOPMENT AGENCHgnning 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.44SCoyle N `,-BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOA MINUTES OF THE APRIL 7, 2009 MEETING The meeting of the Bays ho re/Gateway Triangle Community Redevelopment Advisory Board was called 2 to order by Chairman Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. U ° LtJ X Q Roll Call: Present: Advisory Board Members: Chuck Gunther, Jill Barry, Karen Beatty, Steve Main, Bill Neal, Ron Fowle, Maurice Gutierrez, Lindsey Thomas, and Bruce Preble. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, Shirley Garcia, Operations Coordinator, and Sue Trone Operations Analyst. 2. Adoption of Agenda: Mr. Thomas asked if there were any additions or corrections to the published agenda. Mr. Jackson asked for two items in New Business be added to the advertised agenda: Items 6f Advisory Board Applicant's interviews and 6g Partnership Proposal for Disaster Resistance Planning & Recovery. He asked for a motion to approve the agenda with changes: Motion: Mr. Preble. Second: Ms. Barry. Approved 9 -0. 3. Adoption of Minutes: Mr. Thomas asked for a motion to approve the March 3, 2009 regular meeting minutes: Motion: Mr. Preble. Second: Mr. Gutierrez. Approved 9 -0. 4. Executive Director's Report: i1 i a. Presentation: Triangle Pond Pathway by Johnson Engineering. Mr. Jackson introduced Ms Laura DeJohn, Principal Planner, and Mr. Chris Hagan of Johnson Engineering to give a presentation of the final design of the proposed pathway around the Gateway Triangle Stormwater Pond. Ms DeJohn outlined the assigned scope of work and the public input process that the CRA hosted during the research and design work. There were two public workshops that incorporated design features desired by the local residents and business owners. The final design consisted of a turf block base walking path with entry signage, pet clean -up signage, low intensity lighting for safety and security, and trash receptacles. There were options for exercise stations to be incorporated into the area where space allowed. She handed out an itemized cost estimate of $545,713.00 to install all the amenities as presented. Actual costs may vary depending on the amount and type of landscaping and /or lighting selection. Board questions included: Sheriff Office patrols and security, emptying of trash receptacles and area maintenance, where would the funding come from, visitor parking, involvement of County Park & Rec Department, resident's concern about lighting and vagrancy. Mr. Jackson advised the Board that this was a conceptual design that had not been approved or permitted by the County, potential funding could come from a state parks grant, and that it would not be implemented until the Pond's Phase II construction was completed sometime in 2010. Mr. Thomas thanked Ms DeJohn and Mr. Hagan for their work and their presentation, and that he looked forward to the construction phase. b. Project Updates. • Master Developer RFP. Mr. Jackson informed the Board that the Pizzuti Company and that the Selection Committee are still negotiating a public - private partnership agreement for Pizzuti to perform the duties of Master Developer over a two year period. The agreement would be brought to the Advisory Board to review. • CRA Vehicle. Mr. Jackson advised the Board that a surplus vehicle was obtained from Collier County and the total annual cost of service, insurance and scheduled maintenance was approximately $2,700 per year. The staff will acquire vehicle signage to identify the truck to the CRA public n49 ' g in the area. Date: D ?j 0 April 7 2009 CRA -AB Minutes item #' �__ e _ ­ 16I Old Business: a. Redevelopment Plan Update Contract. Mr. Jackson explained the Purchasing Department's selection progress to date and the selection of RWA as the preferred consultant. He reviewed the Update's scope of work, costs per task and work order timeline to complete the work. The contract will be a lump sum agreement for $263,500 of which $100,000 will come due in FY2009 and the balance of $163,500 due in FY2010. Motion to recommend approval of the contract with RWA for a lump sum of $263,500, Mr. Neal. Second: Mr. Preble. Approved 9 -0. b. Request for Payment. Mr. Jackson presented five invoices from consultants to the CRA that are providing services under Work Orders: Johnson Engineering, Inc.; Q. Grady Minor & Associates PA.; RWA, and Agnoli, Barber & Brundage. He asked for approval to make payment for services rendered in accordance with the approved Work Order. Motion to approve Ms Barry. Second: Ms Beatty. Approved 9 -0. c. CRA RFP for Bank Loan. Mr. Jackson reviewed the response to the CRA's RFP for a bank loan. As presented at the last Board meeting, 513 bank was the sole respondent. The offer was a $6,000,000 Fixed Term note at 6.5% and a $4,000,000 Line of Credit (LOC) at a variable rate. At today's interest rates, and if accepted by the CRA the total annual cost to service the debt would be approximately $794,412 per year. He explained the concern of the Collier Finance Committee was that the CRA would not have sufficient funds to pay off the Wachovia LOC unless this offer was accepted. Mr. Jackson relayed his discussion with the Wachovia representatives and their reluctance to renegotiate the current LOC at this time and recommended the CRA revisit the discussion in 12 months. Mr. Jackson also asked the Board to table this discussion on whether to accept or reject the 513 offer until other financing options were investigated. Motion to table the discussion Ms Barry. Second: Mr. Preble. Approved 9 -0. d. Assumption of a Bank Loan. Mr. Jackson outlined and reviewed the discussion and approvals by the Advisory Board and CRA Board concerning acquisition of land. In that discussion he detailed four options for the Board to consider and he recommended accepting the fourth option to keep the Wachovia LOC and acquire the CRA Board's number one priority site through the assumption and /or renegotiation of the existing mortgage on the site with Royal Palm Bank. With a $1,000,000 down payment and agreement to finance an interest only $6,200,000 note the total debt service (including the Wachovia LOC) would be approximately $536,954 per year. Motion to recommend acceptance to the CRA Board Mr. Neal. Second: Mr. Main. In discussion Mr. Gunther opposed the action and felt the CRA should wait for the land price and bank interest rates to drop. He felt there would be a better deal in the future. Motion approved 8 -1. 6. New Business: a. CRA Grant Approval. Ms Trone presented: • A Commercial Building Grant application, C -BIG 02 -09, for Van Buren Center LLC at 3185 Van Buren Avenue. The grant application was for $662.54 and that it met the scope and intent of the program. Motion to approve pending satisfactory review by the County Attorney: Mr. Gunther. Second: Ms Beatty. Approved 9 -0. b. FY2010 CRA Budget. Mr. Jackson briefed the CRA -AB on this year's budget cycle and the projected decrease in property values of 23.5 %. He outlined the impact to the CRA's TIF if that number was true. The Collier Property Appraiser will not publish the official property values until June 1, 2009. He also discussed the options of the BCC setting a "millage neutral" or "tax neutral" tax rate for FY2010 and the impacts to the TIF. In either scenario, the CRA would receive less FY2010 TIF than FY2009 TIF. c. Land Offer to Purchase. Mr. Jackson presented a CRA Letter of Intent to the Shadley Family Trust to purchase 2.51 acres on Bayshore Drive. He also presented the responding letter with a counter offer. Mr. Jackson stated that unless there was other action requested by the Advisory Committee, he would present a counter - counter offer that was closer to the CRA's appraisal of the site. The Board agreed. April 7 2009 CRA -AB Minutes 2 16 i 10 d. CRA Event. Ms Jourdan gave an update on the information gathered to date for the CRA Event to occur on Bayshore Drive at the CRA -owned parcel. She explained the estimated cost, the venue, parking and musical entertainment. The event called the Bayshore Cultural Festival would be coordinated with the Collier County Parks & Rec Department. Mr. Jackson expressed his concern about the projected shortfall in event revenues /sponsorships to cover the cost of the event. He asked that if the Board wanted to go ahead with the event at this time, that they recognize that there might be a funding shortfall to cover all expenses and that they determine a not to exceed number from the CRA. Motion by Mr. Main to approve the proceeding with the event, and that the CRA would contribute up to $25,000 of CRA Marketing Funds to cover event expenses not covered by event revenues /sponsorships. Second: Mr. Neal. Approved 8 -0. e. Consideration for Signage on CRA Property. Ms Beatty approached the Board with the idea of creating marketing and informational signage on all CRA -owned sites. A roundtable discussion occurred with consensus that the idea was worth exploring. Motion to task staff to design appropriate signage per site, acquire quotes to create the signs and return to the Board for approval. Second: Mr. Preble. Approved 8 -0. f. Advisory Board Applicant's Interviews. Mr. Jackson presented the applications received for the open positions. He recommended that the Board consider a single vote to recommend approval for the four returning applicants that did not have any opposition by category, and that the new applicant be interviewed and a Board voted taken. Motion to recommend re- appointment for Mr. Main, Mr. Thomas, Ms Barry, and Mr. Gutierrez by Mr. Neal. Second: Mr. Preble. Approved 9 -0. Mr. Thomas asked Mr. Lafayette Ingram, applicant for Tamiami trail Business Owner, to come forward and sit with the Board for a question and answer session. Questions were posed by Mr. Neal, Ms Barry, Ms Beatty and Mr. Thomas. Mr. Thomas asked each Board member to indicate their vote "for" or "opposed" to recommend appointing Mr. Ingram to the Advisory Board on their ballots and to sign them. The ballots were counted by Mr. Jackson and verified by Ms Garcia. Mr. Jackson announced that Mr. Ingram receive five (5) votes `for" and four (4) votes "opposed ". Mr. Thomas said congratulations and the recommendation will go forward to the CRA Board for review and action at one of the May 2009 BCC meetings. g. Partnership Proposal for Disaster Resistance Planning & Recovery. Ms Trone briefed the Board on a potential partnership with Southwest Florida Regional Planning Council (SWFRPC) to apply for and receive a federal grant of up to $900,000 to develop a plan that may be useful to all the CRAs in a five county region. The SWFRPC is looking for matching funds to receive the grant and with approval of the Board to move forward, staff will coordinate with appropriate entities and return with the program and matching fund requirements. The Board agreed to move forward and return with information. 7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. Hearing none he adjourned the meeting. 8. Adjournment: The regular meeting was adjourned at 7:41 pm. and foOaryM by Lindsey Thomas, CRA -AB Chairman. April 7 2009 CRA -AB Minutes 3 �g Al_/ THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT H. E- C Aennmg COMMUNITY REDEVELOPMENT AGENCroXe 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.40; ' a BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE MAY 5, 2009 MEETING W o i= The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called s to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore c� Drive. i.1.1 Q 1. Roll Call: Present: Advisory Board Members: Jill Barry, Steve Main, Bill Neal, Maurice Gutierrez, �! �5 Lindsey Thomas, and Bruce Preble. Excused: Ron Fowle, Chuck Gunther and Karen Beatty. x CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, Shirley Garcia, Operations Coordinator, and Sue Trone Operations Analyst. 2. Adoption of Agenda: Mr. Thomas asked if there were any additions or corrections to the published agenda. Mr. Jackson asked for two items in New Business be added to the advertised agenda: Items 6g 17 Acre Master Developer RFP Proposal and 6h Partnership Proposal for Disaster Resistance Planning & Recovery. He asked for a motion to approve the agenda with changes: Motion: Mr. Neal. Second: Mr. Main. Approved 6 -0. 3. Adoption of Minutes: Mr. Thomas asked for a motion to approve the April 7, 2009 regular meeting minutes: Motion: Ms. Barry. Second: Mr. Gutierrez. Approved 6 -0. Mr. Thomas stated that Mr. Ron Fowle was not in attendance tonight because his wife is ill. He would have been attending his last meeting after eight years of service to the community as a voluntary member of the Advisory Board. Mr. Fowle has been a stalwart supporter of all the CRA's programs and a great advocate for the stormwater improvements in the Triangle area. Mr. Bill Neal stated that Mr. Fowle was one of the original Advisory Board members and that he personally observed all the work and effort Mr. Fowle put into the improvement of this area. Other members of the Advisory Board agreed. Motion to present a commemorative plaque at the June meeting: Mr. Neal. Second: Mr. Gutierrez. Approved 6 -0. 4. Executive Director's Report: a. Presentation: Green /LEED Certified Houses. Mr. Jackson introduced Mr. Mike Sherman and Mr. Dwight Oakley to give a presentation of their design concept to build 'green' houses on five lots on Jeepers Drive. Mr. Sherman gave a 10 minute presentation on the 'green house' project, the reason that Jeepers Drive was a logical location for these homes and what he desired from the CRA to support the project. He desired to build market rate homes using a new urbanist concept that had a Florida - vernacular appearance. Mr. Oakley explained the type of construction of the houses and the urbanist view they were taking in the design and placement of the houses on the lots. With 3 -D models he displayed the multiple combinations that could be achieved to add character and useable space around the buildings. The Board had several questions for the presenters which were answered in detail. Mr. Thomas asked if there was some sort of action to be taken by the Board and Mr. Neal made a motion for the CRA staff to proceed with a public outreach meeting to engage the residents and property owners on Jeepers Drive to inform them on future CRA 17 acre development as well as Mr. Sherman's concept. Second: Mr. Preble. Approved 6 -0. Mr. Thomas thanked Mssrs Sherman and Oakley for their presentation, and that he looked forward to the construction phase. b. Project Updates. i. Mr. Jackson advised the Board that in their Board packages there was a project update memo. As a further update, he stated that the Selection Committee for the Bank RFP met with 5/3 bank and discussed options and to see if they were willing to modify their RFP offer. 5/3 bank agreed-provided additional data was delivered for them to analyze. Misc. L;orres. Date: May 5 2009 CRA -AB Minutes Item M', 161 1 �¢ ii. CRA Event. Ms. Jourdan gave a brief summary for the CRA event and stated that the selected date was January 23, 2009. Mr. Preble asked if any sponsorship had been obtained and Ms. Jourdan stated not at this time. iii. Ms. Garcia gave an update on the vagrant campsite at the Haldeman Creek bridge. Using county refuse services and Sheriffs Office clean -up volunteers, the 3 acre site was cleaned of all litter. iv. In a short discussion, Mr. Main and Ms Barry discussed the Stormwater Departments' decision to install a older -style hydraulic flap -gates as backflow prevention instead of TIDEFLEX values that were costly and did not work well after a long period of time in the water. 5. Old Business: a. Request for Payment. Mr. Jackson presented invoices from consultants that are providing services under Work Orders: Johnson Engineering, Inc.; Q. Grady Minor & Associates PA.; and Agnoli, Barber & Brundage. He asked for approval to make payment for services rendered in accordance with the approved Work Orders. Motion to approve Ms. Barry. Second: Mr. Neal. Approved 6 -0. 6. New Business: a. Advisory Board Applicant Interview. Mr. Jackson presented the single application received for the open At -Large position. Motion to recommend re- appointment for Mr. Preble by Mr. Neal. Second: Mr. Main. Approved 6 -0. Mr. Thomas said congratulations and the recommendation will go forward to the CRA Board for review and action at the May 26, 2009 BCC meeting. b. Jeepers Drive Workshop. This item was approved as part of the Presentation in Item 4a. c. CRA By Laws Amendment. Mr. Jackson a proposed CRA Resolution to be approved by the CRA Board to amend the CRA -AB By Laws to conform to the BCC's change to Ordinance 2001 -55 (the Advisory Board Ordinance) that removed term limits and a change to the length of each CRA -AB term from 2 years to 3 years staggered with 3 appointments per year. Motion to approve and forward to the CRA Board: Mr. Neal. Second: Mr. Main. Approved 6 -0. CRA Term Limits Extension. Mr. Jackson stated that once the CRA resolution changes the BY Laws, a second proposed CRA Resolution was needed to extend three of the May 2009 appointee's terms by one year to start the tree -year stagger. He recommended Mr. Thomas', Mr. Gutierrez' and Ms Barry's terms be extended one year. These positions would give on At Large, One Bayshore and one Triangle member in each of the three appointment years, thus keeping an even balance from each area. Motion to approve and forward to the CRA Board: Mr. Gutierrez. Second: Mr. Preble. Approved 6 -0. e. Emergency Use of CRA Improvement Grant Funds. Ms. Trone presented a proposal for the Advisory Board to consider writing a program and CRA Resolution to use unobligated CRA improvement funds for emergency repairs for 'named storm' damage to real estate property. She explained that if the CRA -AB approved, staff would draft the conditions and application for the unused portion of the improvement grants to be allocated for building repairs. The final product would be sent to the CRA Board for final approval. Motion to approve: Mr. Main. Second: Mr. Neal. Approved 6 -0. Paint Your House Proposal. Ms Trone presented a proposal to create a program in conjunction with Tree of Life Church's neighborhood volunteer services to paint residences in November, after hurricane season ends. The program would be partially funded by unused improvement grant funds and materials donated by local businesses. A program to determine `need' and a selection criterion for houses to be painted would be brought back to the CRA -AB for approval. Motion to approve staff proceeding with the proposal: Ms. Barry. Second: Mr. Neal. Approved 6 -0. May 5 2009 CRA -AB Minutes 2 16 + 104 Master Developer RFP. Mr. Jackson informed the Board that the Pizzuti Solutions LLC and that the Selection Committee negated a scope of work and a fee schedule that would become a public - private partnership agreement between the CRA and Pizzuti to perform the duties of Master Developer over a two year period. The final agreement would be brought to the CRA Board for approval. The scope of work as presented for Phase I of the contract is not to exceed $450,000. Motion to approve and forward to the CRA Board: Mr. Neal. Second: Mr. Preble. Approved 6 -0. Partnership Proposal for Disaster Resistance Planning & Recovery. Ms Trone advised the Board that this topic was on the April agenda and as directed it is presented here for approval to obligate matching funds to partner with Southwest Florida Regional Planning Council (SWFRPC) to apply for and receive a federal grant of up to $900,000 to develop a plan that may be useful to all the CRAs in a five county region. If only the Bayshore Gateway Triangle CRA participates the grant would fund a $40,000 project/program with the CRA's $10,000 match. Motion to approve the $10,000 match and forward to the CRA Board for approval of the grant application: Mr. Neal. Second: Mr. Preble. Approved 6 -0. 7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. Ms. Sandra Arafet stated that this was her first CRA meeting and that she lived on Danford Street. She has been watching the progress on the Bayshore Drive area since 2003 and that she was impressed with the work. She said that she appreciated the CRA's work and to keep up the good work. Mr. Thomas thanked her for her comments. 8. Adjournment: The regular meeting was adjourned at 7:03 pm. Approved a ' rwarded ndsey Thomas, CRA -AB Chairman. May 5 2009 CRA -AB Minutes 3 161 Fiala o THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT +Jal2$TC COMMUNITY REDEVELOPMENT AGE "ng� ,i `r c 4069 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1113 FAX 239.775.44 6 C) c� �� BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOA Q MINUTES OF THE JUNE 2, 2009 MEETING o The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. Roll Call: Present: Advisory Board Members: Jill Barry, Steve Main (arrived at 6:15), Chuck Gunther, Maurice Gutierrez, Larry Ingram and Lindsey Thomas. Excused: Bill Neal and Karen Beatty. Absent: Bruce Preble. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, Shirley Garcia, Operations Coordinator, and Sue Trone Operations Analyst. 2. Adoption of Agenda: Mr. Thomas asked if there were any additions or corrections to the published agenda. Mr. Jackson asked for one item to be added to New Business: Items 6b CRA Area Incubator Program Proposal. Mr. Thomas asked for a motion to approve the agenda with the change: Motion: Ms. Barry. Second: Mr. Gutierrez. Approved 5 -0 (Mr. Main absent). 3. Adoption of Minutes: Mr. Thomas asked for a motion to approve the May 5, 2009 regular meeting minutes: Motion: Mr. Gutierrez. Second: Ms. Barry. Approved 5 -0 (Mr. Main absent). 4. Executive Director's Report: Project Updates. i. Mr. Jackson advised the Board that in their Board packages there was a project update memo. As a further update, he stated that the land purchase in the mini - triangle has become complicated by an environmental fill issue on the former CITGO gas station on Davis Blvd. Staff has been discussing the matter with the County Attorney Office, the seller and County Pollution Control Department. ii. The CRA's RFP to update the CRA Redevelopment Plan and Overlays has been rejected and will be re -bid. There was a consultant's protest and the County Attorney, Purchasing Director and Executive Director agreed the best course of action was to re -bid the project. iii. Mr. Jackson discussed the 90% complete Shadowlawn Drive residential area drainage study and the next course of action desired by the County Stormwater Department. Initially the study was to be a drainage management plan; however the County feels a BCC and CRA Board approved "master plan" would be more beneficial to the area. The study has been reviewed by the South Florida Water Management District (SFWMD) staff and they have made numerous recommendations for further studies and documentation. To implement all the recommendations would cost the CRA hundreds of thousands of dollars before one improvement could be undertaken. Staff and Q. Grady Minor consultants will meet with SFWMD to discuss the true objectives of the plan. iv. Mr. Jackson briefed the Board on the draft Economic Development Zone (EDZ) ordinance presented by the legal counsel for the County and Economic Development Council (EDC). He showed a graph that depicted how the EDZ, if approved by the CRA and implemented over the existing CRA boundary, would capture all future CRA TIF and basically cap the CRA's revenue growth. He recommended that the Advisory Board motion to opt -out of the EDZ program as that as it is currently proposed, it does not benefit the CRA. It only funnels CRA TIF to an outside source and does not necessarill#iftatbertesbe spent within the CRA boundary to benefit the contributing tax payers. Motion June 2 2009 CRA -AB Minutes ZN 16i 1.p�q to opt -out of the EDZ program: Mr. Gunther. Second Mr. Gutierrez. Approved 6 -0. Other items discussed were: FY2010 Budget, CRA Staff work assignments, and the Bayshore Beautification MSTU goals and objectives for 2009 — 2010, and a proposal to improve the Pine Street and Becca Avenue intersection. 5. Old Business: a. Request for Payment. Mr. Jackson presented an invoice from Johnson Engineering who is providing services under an existing CRA Work Order. He asked for approval to make payment of $701.25 for services rendered in accordance with the approved Work Orders for the Gateway Triangle Pond Pathway design. Motion to approve Ms. Barry. Second: Mr. Gutierrez. Approved 6 -0. b. Master Developer RFP Agreement — Price Modification. Mr. Jackson presented the Board with an updated scope of services for the Phase I portion of the Master developer agreement with Pizzuti Solutions. In the discussion, he reminded the Board that they approved moving forward with the Phase I work at a price of "not to exceed" $450,000. When approved, there were several items omitted from the scope price list and one item was added at the request of staff to complete a cultural market study and review. The new price is $527,252.00 with the provision that if the CRA and Pizzuti move to Phase 11, 50% of the price will be returned to the CRA when a construction loan is received or 90 days. Motion to approve the new fee for services: Mr. Gutierrez. Second: Mr. Main. Approved 6 -0. 6. New Business: a. Land Offered for Sale. Mr. Jackson presented two properties offered to the CRA for consideration to purchase. The first is 2737 Francis Avenue a residential lot with a duplex on it adjacent to CRA -owned property near the Gateway Pond expansion site that the seller. The seller is asking $225,000 however it appraised at $170,000. The second offer is adjacent three residential lots on Karen Drive. One vacant, one with a pad site and the third with a trailer with multiple code violations for un- approved additions. One of the vacant lots is being appraised to establish a market value. By consensus the Board asked the staff to continue negotiations with the Francis lot and return, and to await the appraisal on the Karen Drive lots. b. CRA Area Incubator Program - Proposal. Mr. Jackson distributed a draft CRA Art incubator program proposal. It is a general discussion on the type of incubator to create the vision, goals and objectives of the facility and recommended strategies to achieve. In discussion Mr. Thomas identified two potential commercial sites that could facilitate the incubator. The first is the commercial and residential mixed -use building at the corner of Bayshore Drive and Shoreview Drive. Mr. Jackson stated that the owner would be interested in some type of future operation there, and possibly some sort of public - private partnership. Mr. Thomas said the second site was the two recently foreclosed commercial units where the former SoNa Gallery was. The CRA could purchase the units from the bank and create the incubator there through incentives. Mr. Jackson stated that in either case, the CRA would not operate the incubator that it would have to be staffed and run by a private party; however the CRA would have oversight of the program. By consensus, the Board asked staff to continue the investigation, re -visit the discussion with the owner of the first site and contact the bank concerning the foreclosed units. 7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. Ms Ann Reda of Jeepers Drive expressed her interest in working on the drainage problems with her street. She said she missed the neighborhood meeting the CRA hosted; however, she was interested in serving as the 'street captain' is needed. Ms Trone said that she would be in contact with Ms. Reda. Ms Trone stated that she had coordinated some swale work with the County Roads and Bridges Department, and soon they would be working in the area. June 2 2009 CRA -AB Minutes 2 161 1 6t 8. Advisory Board general Communications. Mr. Jackson advised the Board that this agenda item had been added to allow the Members to discuss items that weren't on the agenda or other matters of concern. Mr. Thomas asked if anyone on the Board was interested in branding the area SoNa (South Naples) again since the SoNa Gallery is no longer in existence and the name is available for use. Discussion centered on the possibility of re- visiting some sort of association with the Naples Botanical Garden. After a roundtable discussion, the Board agreed to bring the item up later and make a determination at some future date. Hearing none, Mr. Thomas asked the Board to recognize Mr. Ron Fowle. Mr. Fowle came forward and Mr. Thomas presented him with a plaque from the Advisory Board recognizing his 8 years of volunteerism and dedication to the CRA community and as an Advisory Board member. Mr. Fowle expressed his appreciation for the recognition and the Advisory Board as a group applauded him and his efforts. 9. Ad1ournment: The regular meeting-was adjourned at 6:45 pm. pted an rw ed by Lindsey Thomas, CRA -A Chairman. June 2 2009 CRA -AB Minutes 3 Flala S�� Halas Henning Coyle Coletta RECEIVED CAC May 8, 2008 , Approval of CAC Minu es 1 AUG 13 2009 1 of 9 April 10, 2008 hoard of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 10, 2008 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: • CHAIRMAN: VICE CHAIRMAN: John Sorey, III Paul Sullivan Murray Hendel Heidi Kulpa Anthony Pires Jim Burke (Excused) David Buser Ted Forcht Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Gail Hambright, Tourist Tax Coordinator Dr. Michael Bauer, City of Naples Natural Resources Manager Mist. Cares: CAC May 8, 2008 16 1 Approval of CAC Minutes VI -1 �`" 2of9 April 10, 2008 I. Call to Order The meeting was called to order at 1:00 PM by Chairman Sorey. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. IV. Changes and Approval of Agenda Mr. Hendel moved to approve the agenda subject to the following changes: VIII. New Business 1. Provision of a new summary sheet IX. Old Business 1. Clam Bay Permit Channel Marker— Provision of an Executive Summary from the Pelican Bay Division 2. Addition of Wiggins Pass Modeling update Second by Mr. Sullivan. Carried unanimously 8 -0. V. Public Comments None VI. Approval of CAC Minutes 1. March 13, 2008 Ms. Kulpa moved to approve the minutes of the March 13, 2008 meeting subject to the following changes: Page 3, item 4, paragraph 2, line5 "rack line" to "wrack line" Second by Mr. Rios. Carried unanimously 8 -0. VII. Staff Reports 1. Revenue Report — Gary McAlpin The Committee reviewed the document entitled "Tourist Tax Revenue Report FY 2007- 2008" dated April 10, 2008. 2. Project Cost Report — Gary McAlpin The Committee reviewed the document entitled "FY 2007/2008 TDC Category "A" Beach Maintenance Projects" dated April 10, 2008. VIII. New Business 1. Approval of Grant Applications Gary McAlpin submitted the Executive Summary entitled "Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY- 08/09" for review and approval by the Committee. 2 CAC May 8, 2008 161 l) ✓� Approval of CAC Minutes VI -1 3of9 April 10, 2008 The Committee reviewed the items listed under #1, "Regulatory and Permit Compliance " Mr. Pires moved to recommend approval of the following grant requests: Sea Turtle Protections Program — Collier County - $191,200 Beach Tilling — Collier County - $40,000 Clam Pass Inlet Monitoring - $20,000 Doctors Pass Inlet Monitoring — Collier County $20,000 Caxambas Pass Inlet & Marco South Beach Monitoring — Collier County - $45,000 Wiggins Pass Inlet Monitoring — Collier County - $30,000 Hideaway Beach Groin /Physical Monitor — Collier County $25,000 Physical Monitoring Collier County Beaches - $150,000 Biological Hardbottom and Artificial Reef Monitoring — Collier County - $350,000 Second by Mr. Rios. Carried unanimously 8 -0. Under Doctors Pass Inlet Monitoring, it was noted that the Tourist Development Council should be notified per the Inter -local Agreement between Collier County and the City of Naples, that the cost of maintenance will continue to be borne by 195 funds. Gary McAlpin noted the item Keewaydin Island Beach Monitoring — City of Naples - $47,500 was provided by Dr. Michael Bauer. Gary McAlpin stated the beach is not publicly accessed and recommends non - approval of the item. Mr. Pires moved to recommend denial of the following grant request: Keewaydin Island Beach Monitoring — City of Naples - $47,500 Second by Mr. Rios. Carried unanimously 8 -0. The Council reviewed the items listed under #2 "Planned Projects: " The Committee determined to review the following item first: Big Marco /Capri Pass Inlet Sand Bypassing and Completion of Northern Marco Island T -Groin System — City of Marco Island - $1,600,000 Gary McAlpin stated that the Grant application was submitted jointly by the City of Marco Island and the Hideaway Beach Homeowners Association to fund 6 additional T- groins to protect the Beach from erosion similar to those installed in 2004. He noted that Staff recommends non - funding of this item for the following reasons: Big Marco Pass has no boat traffic, marine or navigational component to it. It is obsolete and a pass in name only The southern portion of the Pass is essentially closed CAC May 8, 20081 6! 1 Approval of CAC Minutes VI-1 {•/ 4 of 9 April 10, 2008 • Hideaway Beach does not meet the Florida Department of Environmental Protection or Federal Emergency Management Association guidelines for public access. • The Board of County Commissioners authorized a "one time" expenditure of fund to provide erosion control structures. • The primary reason for beach re- nourishment is for the protection of upland property, the Board of County Commissioners have a precedent of funding erosion control structures and not beach re- nourishment. Mr. Pires noted at the time of the original request, access was a disputed issue. Further, the agreement in September of 2004 did not to include the construction of the T- groins. Other portions of the project have been completed. He requested an explanation on how this application can be considered a "continuation of a project." Also, the focus of the request is to preserve the property not provide access to the area. Gary McAlpin stated that the T- groins are to protect the center of Hideaway Beach and questions whether the road in question is "in jeopardy" at this point in time. Mr. Forcht noted that there are 200 residential units that would be in landlocked should the road be washed out. Speakers Bruce Anderson of Roetzel and Andress addressed the Committee on behalf of the applicant. The applicant is requesting from the Tourist Development Council (TDC) $1.6M to place erosion control structures, to protect the northern beaches of the City. In conjunction with the proposal, the City of Marco Island will be required to pay $300,000 for engineering, $350,000 from mobilization and $1.25M for sand bypass dredging. The application is not for beach re- nourishment utilizing TDC funds, but for erosion control once the beach is re- nourished. Under the Grant guidelines, public access requirements fall under expenditures for "beach re- nourishment," not erosion control structures. It is in compliance with TDC Category "A" funding policies which states "a beach which is ineligible for beach re- nourishment which is subject high erosion may have erosion control structures installed with category "A" funding upon a recommendation from the CAC and TDC and determination by the BCC that it is in the public interest. The request meets the approval guidelines of the Committee citing compliance with # 1, #3, #4 and #7of the "Evaluation /Approval Guidelines for TDC Category "A" Yearly Grant Requests by the Coastal Advisory Committee." He expressed concern that the City of Marco Island is not afforded the same treatment as the City of Naples in these issues. Erik Brechnitz, Vice Chairman of the Marco Island Special Tax District submitted written testimony to the Committee noting he was astounded that the Collier County Staff has recommended non - approval of the funding request. He outlined previous agreements between Collier County and area developers. He 11 CAC May 8, 2008 161 + Approval of CAC Minutes VI -1 5of9 April 10, 2008 noted that it is Collier County's responsibility to protect the beaches on Marco Island. This responsibility was designated to them via the Florida Department of Environmental Protection. There is a public safety concern that if the road is washed out, the residents in this area will be denied service of fire, rescue and police. He noted there is a significant public use of the beach, however and is not pedestrian accessed, rather boat accessed by local hotel operators and the boating public. Ken Humiston of Humiston and Moore provided a Power Point Presentation on the technical nature of the proposal noting that the project is consistent with the County Inlet Study and Department of Environmental Protection statewide Beach Management Plans. It is an inlet management issue as opposed to a beach management issue. He is confident this is the correct approach to address the problem of the erosion in the area. It was noted that the 6 additional T -Groin structures proposed were not delineated in any prior reports. The roadway in question is 165' from the waterline, but at nearly the same elevation as the existing shoreline. No analysis has been performed that would indicate what intensity of storm would be required to wash out the road. The erosion rate is currently 12.5' annually, however sand has been added to the beach and the shoals are constantly changing and difficult to predict a continuing annual rate of erosion and a time frame when the road would ultimately be affected. Mr. Buser noted that consideration should be given phasing the proposal by placing the structures and not completing the dredging and filling at this point. Mr. Forcht stated the installations of T- Groins are now necessary as the roadway in question was previously protected from erosion by Coconut Island. Colleen Greene, Assistant County Attorney outlined possible concerns for the Coastal Advisory Committee (CAC) including the lack of public accessibility by definition, (the CAC would need to make a public accessibility finding and it be accepted by the Board of County Commissioners) and the parameters where Tourist Development Council (TDC) funds may be used for solutions in high erosion areas. She would need to review the facts and associated regulations to provide an opinion. At this point she does support Gary McAlpin's recommendation. It was noted by the Committee that it would need to be addressed whether public funds can be expended to protect a private entity (roadway, etc.) Erik Brechnitz re- iterated his position that this is not a new project; it is a continuation of the 2005 project and the reason T- groins were not recommended in these areas as it was protected by Coconut Island which has subsequently been disintegrated. The County has a responsibility ceded to them from the State of Florida to protect the beaches. Even though the road is private, there is a public 5 CAC May 8, 2008" 6 1 �j/ / ✓�f Approval of CAC Minutes VI -1 6of9 April 10, 2008 safety issue (Fire, Police and Rescue service) if the road is breached. The City proposes to bear some of the expense as outlined previously by Mr. Anderson. Gary McAlpin spoke in response to some of the comments made: • The City of Naples and the City of Marco Island are treated equally by the Tourist Development Council (TDC) • He agrees that structures work in protecting the beaches in this area and the solution outlined is acceptable • He agrees that the road stabilization is necessary, but the issue is whether TDC funds are utilized in this area • The public access is limited at this point • The Board of County Commissioners made a one time funding of this project and he does not view this proposal as "a continuation of the project" Mr. Pires stated his opposition to funding the proposal based on the following concerns: "Evaluation /Approval Guidelines for TDC Category "A" Yearly Grant Requests by the Coastal Advisory Committee" #4, #6 and further investigation of 47. Also, "Tourist Development Category "A" Funding Policy" #5.b (legal determination of "in the public interest" in this case). Further study on the issue of whether Hideaway Beach Association authorized to enter into or fund these agreements. It was noted for timing purposes, the item could be continued but a decision would be needed at the next meeting. It was noted the Board of County Commissioners should make the finding on the "one time" funding issue. Chairman Sorey noted the following should be addressed: • Public benefit aspects of the application • Definition of Public Access • Ability to fund portions of the application (i.e. place structures without "beach re- nourishment ") Mr. Pires moved to continue the Application to the next meeting pending a written opinion from the County Attorney's Office that this project conforms to item #S.b of the "Tourist Development Category "A" Funding Policy" as "being in the Public Interest ", and an analysis of the definition of Public Access under the funding guidelines. Second by Mr. HendeL Carried unanimously 8 -0. The Committee continued review of the remaining items in #2 "Planned Projects " Co CAC May 8, 2008 161 Approval of CAC Minutes VI -1 7of9 April 10, 2008 Mr. Hendel moved to recommend approval of the following grant requests: Wiggins Pass Engineering /Dredging — Collier County $750,000 Wiggins Pass Master Plan Engineering /Permitting $300,000 Dredging Doctors Pass — City of Naples $750,000 Tigertail Beach Sand Placement Study — Marco Island - $50,000 Breakwater & Jetties of South Beach — Marco Island - $50,000 Second by Mr. Pires. Carried unanimously 8 -0. Gary McAlpin noted that Staff recommends postponement of the item Gordon Pass Dredging as to exhaust efforts to fund the balance of the item at the Federal Level. Mr. Rios moved to postpone the item Gordon Pass Dredging - $1,400,000. Second by Mr. Sullivan. Carried unanimously 8 -0. The Committee reviewed item 43 "Beach Maintenance." A discussion ensued regarding the item "Beach Maintenance — City of Naples — $134,760." It was noted that the previous years funding approval was $71,200; approximately $60,000 of the new funding request is for purchase of a new piece of beach cleaning equipment. Gary McAlpin stated that Staff recommends to fund replacement capital only at this point and to wait 6 months to fund the new capital request depending on the status of the budget. Mr. Pires moved to recommend approval the following items subject to the caveat that the capital expenditure portion of the * Beach Maintenance — City of Naples be considered in 6 months depending on where they are from a funding standpoint. Beach Maintenance — Collier County /Marco Island - $110,000 *Beach Maintenance — City of Naples - $134,760 Vegetation Repairs /Exotic Removal — County Wide - $75,000 Naples Pier Annualized Repair & Maintenance — City of Naples - $18,000 Second by Mr. Rios. Carried unanimously 8 -0. The Committee reviewed item #4 "Administration Fee's" Mr. Hendel moved to approve the following item: Fund 195 and 183 Administration — Collier County - $532,200 Second by Ms. Kulpa. Carried unanimously 8 -0. 2. Approval of City of Naples Grant Amendments Mr. Sullivan moved to approve the requested Amendments (Executive Summary entitled "Recommend approval ofAmendment No. 2 to the 2006 -2007 Tourism Agreement Between Collier County and the City of Naples for the North Jetty Doctors Pass Rehabilitation Project, for time extension for one year until April 7 CAC May 8, 2008 161 1 t Approval of CAC Minutes VI -1 8 of 9 April 10, 2008 1, 2009 and Amendment No. 1 to the 2007 -2008 Tourism Agreement Between Collier County and the City of Naples, for FT 07 Category "A" City of Naples Projects, the North Jetty Doctors Pass Rehabilitation Project for time extension for 1 year till September 30, 2009). Second by Mr. Rios. Carried unanimously 8 -0. IX. Old Business 1. Clam Bay Pass Permit /Channel Marker Discussion Gary McAlpin noted that a meeting was held in which the channel markers required were identified. It will take approximately 90 days to obtain the permit. Within this time, cost estimates will be requested and they will continue to work with Pelican Bay Services Division on this issue. In addition, he submitted a copy of the Pelican Bay Services Division Executive Summary request entitled "Recommendation that the Board of Country Commissioners Authorize the Pelican Bay Services Division to Prepare, Sign and Submit the Clam Bay Management Plan to the Federal and State Agencies." He noted this decision will have an impact on how the Staff proceeds on the permit renewal. It was noted that the Seagate Homeowners were represented at the meeting regarding the channel markers. Chairman Sorey noted that any individuals or parties with concerns (Seagate Homeowners, the City of Naples, etc.) should consider attending the Board of County Commissioners meeting regarding the above referenced Pelican Bay Executive Summary. 2. Wiggins Pass Modeling Group Update Ms. Kulpa provided an update of the 1 S` meeting of the Modeling Group which reviewed the types of modeling available as well as developed the goals of the Group. X. Public Comments None XI. Announcements It was noted Councilman Tucker's term on the Coastal Advisory Committee has expired. Ted Forcht has been appointed to the Committee as his replacement. XII. Committee Member Discussion A discussion ensued regarding the types of procedures allowed for backfilling erosion control structures and the related permitting requirements. It was noted that Mr. Rios should provide updates from the Marco Beach Advisory Committee. 6 1 CAC May 8, 2008 Approval of CAC Minutes VI -1 1 9 of 9 April 10, 2008 Gary McAlpin noted that the Collier County Sheriffs Office utilizes Community Service and Work Release individuals to remove trash in the vegetated areas of beaches. Gary McAlpin clarified that there are 2 sand source issues for Collier County, one under consideration at Cape Romano Shoals, the other, an approved source off Sanibel Island known as the T- 1, Toms Hills Sand Source. The T -I source is the one that is the subject of the Board of County Commissioners resolution regarding sole usage by Lee and Collier County. XIII. Next Meeting Date The next meeting will be on May 8, 2008. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:27P.M. Collier County Coastal Advisory Committee ohn Sorey, III, Chairman These minutes approved by the Board /Committee on `, i u as presented or as amended 0 Fiala ,.fv €� l=lD Halas EC Henning AUG 13 2009 Coyle i0, -,10 'A ICAA ntw c�rr,missioi�er� Coletta 161 1 oe May 14, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, May 14, 2009 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: John Sorey, III (Excused) Anthony Pires Murray Hendel Larry Magel Joseph A. Moreland Ted Forcht (Excused) Victor Rios Jim Burke ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Misc. corres: Dr. Michael Bauer, City of Naples pate:w 1�r, 161 1 5 May 14, 2009 I. Call to Order Mr. Pires chaired the meeting and called it to order at 1:OOPM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. Mr. Moreland was welcomed as a new member of the Coastal Advisory Committee (CAC). IV. Changes and Approval of Agenda Mr. Rios moved to approve the agenda subject to the following: • Addition of Item VII.6 - Summer Schedule • Under Item VIIIA - Gary McAlpin submitted email communications between himself and /or his Staff, Jack Wert, Tourism Director and CAC member Ted Forcht regarding 3rd party bookings and Tourist Tax collections. Second by Mr. Burke. Carried unanimously 6 -0. V. Public Comments None VI. Approval of CAC Minutes 1. April 9, 2009 Mr. Burke moved to approve the minutes subject to the following changes: • Page 3- item VIIIA, New Business, first bullet point — from The existing permit applicable to this activity..." to "The existing permit (hereafter referenced as existing, or original permit) applicable to this activity..." • Page 4 — paragraph 6, Marcia Cravens comments, first bullet point from "The original permit in 1998 focused on "beach re- nourishment, not tidal flushing." to "The original permit in 1998 was related to tidal flushing, not beach re- nourishment." Second by Mr. Rios. Carried unanimously 6 -0. VII. Staff Reports 1. Revenue Report — Gary McAlpin The Council reviewed the "Tourist Tax Revenue Report — FY 2008 — 2009 updated through April '09" (collections through March '09) dated May 14, 2009. It was noted projections indicate revenues for this fiscal year will decrease by approximately 15 — 20 percent over the previous year. The Committee requested a Report, which indicates the percentage changes in collections by categories (single-family short -term rentals, hotel /motels, etc) between this fiscal year and last fiscal year. 2 161 May 14, 2009 Gary McAlpin noted the Report will be provided next meeting on a month -by- month and overall year -to -date comparison of the data. 2. Project Cost Report — Gary McAlpin The Council reviewed the "FY 200912010 TDC Category "A " Beach Maintenance Projects " dated May 14, 2009. Discussion ensued regarding the rates of Consultant fees and if they should be reduced given the current economic times. Gary McAlpin noted the County established a "Best Value Offer Program" on May 1, 2009, which should assist in addressing the issue. Mr. Rios moved requesting a presentation at the next meeting be given to the Coastal Advisory Committee by the Purchasing Department regarding the "Best Value Offer Program. " Second by Mr. Burke. Carried unanimously 6 -0. Gary McAlpin expressed concern that Purchasing Policy may be considered "outside the scope" of the Coastal Advisory Committee. VIII. New Business The Committee heard VII. 6 before item VII. 1. 6. Summer Schedule The Committee reached consensus on canceling the regular meeting for July 2009. 1. Request for Resolutions Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to request that resolutions from the Collier County Board of County Commissioners and The City of Naples be adopted that clearly express no interests or intentions from Collier County or the City of Naples to Navigational Dredge Clam Pass or the Clam Bay System dated May 14, 2009. He noted throughout the Clam Bay Advisory Group meetings, the issue of the County possibly engaging in dredging of Clam Pass /Clam Bay for navigational purposes has arisen. The area is currently dredged for tidal flushing and has not been dredged for navigational purposes in over 50 years. Some individuals have expressed concern with the placement of the navigational markers in the system, the County will undertake dredging for navigational purposes. The Resolution is to address these concerns in a "good faith" effort by the County. Under Committee discussions the following points were raised: • The Resolution is aimed at the Pelican Bay Community, which has expressed the concerns via the Clam Bay Advisory Group. • Dr. Michael Bauer, Natural Resources Director, City of Naples noted a similar Resolution has been requested from the Naples City Council. The Naples City Council Resolution states the City doesn't support 3 16 J 1 �5 May 14, 2009 dredging unless a Study indicates dredging is necessary for the health of the system. • Concerns the document could be utilized for future arguments on whether navigation is allowed in the System. • Concern over the wording in the document including "the Board of County Commission opposes navigational dredging" which may infringe on the rights of the Seagate Community. • Questioning the need or necessity for a Resolution. • The Clam Bay Advisory Group approved the Resolution and the Coastal Advisory Committee should support it. • Concern the Resolution is non - binding and unenforceable as it is Policy, not law. • Concern it is not a legally binding document, in the future individuals could utilize the document in legal proceedings involving the issue of dredging. • In the event applications for dredging are filed, there will be full public hearings, which will vent all issues at the time, rendering the Resolution unnecessary. Gary McAlpin noted Staff is requesting approval of the Resolution, and the Clam Bay Advisory Committee considered the Resolution as a good faith effort by the County to the Pelican Bay Community. Speaker Sarah Wu, Seagate Resident read a statement into the record from the Seagate Homeowners Assoc. outlining the following: • Encourages the Coastal Advisory Committee to vote "no" on the Resolution • Spot dredging may be required in the future due to acts of nature, etc. • The Resolution targets the Seagate Community which has no intention to request navigational dredging, and hasn't in 50 years. • The Resolution is pre- mature due to the Water Quality Study being completed, which will assist in determining requirements of dredging for tidal flushing, etc. • The Resolution may be utilized in future legal challenges regarding navigation within the system. • Seagate is willing to set up a self - taxing district to assist in keeping the canal and waterways open. Colleen Greene, Assistant County Attorney noted the Resolution would not affect any restrictions currently in the deed from the Pelican Bay Foundation (or its predecessor) to Collier County for the Clam Bay property. The Resolution could be repealed at any time with proper public notice. Mr. Burke moved to approve the Resolution as submitted. Second by Mr. Magel. 4 16, May 14, 2009 Some members felt the Coastal Advisory Committee should support the decision by the Clam Bay Advisory Group, as it is a show of "good faith," and it is "non binding Resolution." Other members expressed concern the Resolution is unnecessary, unenforceable and may inappropriately be utilized in future legal proceedings as evidentiary material. Motion failed 3 "yes" — 3 "no. " Mr. Pires, Mr. Hendel and Mr. Rios voted "no. " 2. Clam Bay Water Quality- Flushing Study Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to contract with the successful Best Value Offer (BVO) consultant under Contract 07 -4153 for Water Quality Monitoring, Data Collection, Circulation /Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached BVO request" dated May 14, 2009. Gary McAlpin noted: • The County has been working with PBS &J over the past 9 months to develop the scope of work for a proposed water quality study of Clam Bay Estuary in which they submitted a proposed Study at a cost of $265,000. Clam Bay Advisory Group approved the proposed Study (to be forwarded to the Coastal Advisory Committee (CAC) for approval). The Coastal Zone Management Department is now subject to the "Best Value Offer Program" and Staff is requesting approval from CAC for the Coastal Zone Management Department to move forward with the proposal through the Program. As a pre- cursor to the Study, previous modeling programs, data and studies were analyzed to develop the scope of work in the proposed Study. Mr. Rios moved to approve the Executive Summary ( "Recommend Approval from the Coastal Advisory Committee to contract with the successful Best Value Offer (BVO) consultant under Contract 07 -4153 for Water Quality Monitoring, Data Collection, Circulation /Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached BVO request" dated May 14, 2009). Second by Mr. Burke. Carried unanimously 6 -0. 3. Peer Review Gary McAlpin presented the Executive Summary "Recommend Approval from the Coastal Advisory Committee to provide Peer Review from Turrell -Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the Clam Bay Water Quality Monitoring 5 16 May 14, 2009 Data Collection, Circulation /sediment Model and Natural Resources characterization Study. The cost for the peer review is expected not to exceed $50, 000 " dated May 14, 2009. He noted Peer Review will ensure the Study utilizes the "best science" possible and occur at the 50% and 90% completion mark of the Study, as well as review of the final product. Gary McAlpin noted the Consultants for the Peer Review are not on the list of Consultants under consideration for performing the proposed Water Quality Study. Mr. Magel moved to approve the Peer Review (Executive Summary "Recommend Approval from the Coastal Advisory Committee to provide Peer Review from Turrell -Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the Clam Bay Water Quality Monitoring Data Collection, Circulation/sediment Model and Natural Resources characterization Study. The costfor the peer review is expected not to exceed $50,000" dated May 14, 2009) at a cost of $50,000. Second by Mr. Rios. Carried unanimously 6 -0. 4. Beach Tax Funding Subcommittee Update Mr. Hendel provided an update on the Tourist Development Council Subcommittee reviewing Tourist Development Funding in the County. The Subcommittee will provide their recommendations to the Tourist Development Council. The next Subcommittee meeting is scheduled for June 1, 2009. 5. CP &E Modeling Performance and Recent Court Judgment- Discussion Steve Keehn, Coastal Planning & Engineering appeared before the Committee to provide an overview of an Administrative Law Judge decision in a permit involving the Town of Palm Beach. He presented a slideshow and related document "Town of Palm Beach, Reach 8 Beach Restoration Technical Comments on and Implications of the Recommended Order of Beach Nourishment in Florida " prepared by Coastal Planning and Engineering. He highlighted the following: • CP &E was retained by the Town of Palm Beach to obtain a Florida Department of Environmental Protection (FDEP) Permit for Beach Re- nourishment. • "Intent to Issue" was awarded for the Permit from FDEP in 2008. • Various parties filed an appeal and an Administrative Law Judge recommended not issuing the permit. • The main point of contention was the accuracy of the modeling program utilized (GENISIS) and the lack of ability to verify the model. • He gave an overview of the case, which included the parties and witnesses involved; the type of modeling software (GENISIS) utilized to project morphology, misinterpretations of terms and data by the judge and the strategy for presentation of the case by the Town of Palm Beach. C41 16 1 a5 May 14, 2009 • Compared the modeling program utilized for Wiggins Pass (DELFT3D) vs. modeling Program (GENISIS) utilized for the Town of Palm Beach application noting DELFT31) is a much more comprehensive model which utilizes more parameters in calibrating the model to ensure accuracy. • FDEP noticed "Intent to Issue" Permit based on CP &E's work, which was the purpose of the original scope of work requested of CPE by the Town of Palm Beach. Discussion ensued on the legal strategy undertaken and future options for the Town of Palm Beach in regards to the issue. Mr. Pires noted the overall concern is how Collier County may proceed with any future permit applications based on modeling programs utilized by Consultants and if challenges to permits are made, the County is prepared to respond. Speaker Marcia Cravens noted the FDEP may be re- considering their beach management program in relation to harvesting near shore sand by dredging inlets and ebb shoals. The main contention in the case was the sand to be utilized had many fines as a component promoting migration to nearshore hard - bottoms. These decisions may impact future beach maintenance practices in Collier County. Gary McAlpin agreed the issue is critical and the County monitors its beaches and nearshore hard - bottom on an annual basis. The monitoring data to date indicates sand is moving away from the hard- bottoms, not migrating to the hard - bottoms. IX. Old Business None X. Announcements None XI. Committee Member Discussion Mr. Moreland disclosed he is President of the Estuary Conservation Association and submitted a copy of the "Amended and Restated Articles of Incorporation, filed on January 31, 2005 for Estuary Conservation Association, Inc. " to the County Attorney's Office for review to ensure no conflicts of interest exist in his membership on the Coastal Advisory Committee. XIII. Next Meeting Date June 11, 2009 — Government Center, Administration Bldg. F, 3 "d Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 3:00 P.M. 7 161 May 14, 2009 Collier County Coastal Advisory Committee (Anthony Pires, Vice-Chairman These minutes approved by the Board /Commit e on e., - as presented or as amended RECENM SEE 14 Boelcl of C',cunty Commis -i 1 16 1 1 o,�/ July 23, 2009 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BO" ... Naples, Florida Haws Henning July 23, 2009 coyle — coletta --. LET IT BE REMEMBERED, that the Collier County Code Enforcement 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: Gerald Lefebvre Larry Dean Nicolas Hemes (Alternate) Kenneth Kelly Edward Larsen Lionel L'Esperance Robert Kaufman James Lavinski Heriminio Ortega (Alternate) ALSO PRESENT: Heidi Ashton - Cicko, Assistant County Attorney Diane Flagg, Code Enforcement Director Jen Waldron, Code Enforcement Specialist WK. coffes: Page 1 De. l 13 b Inn . 0&(:) 1 1 4 July 23, 2009 CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement Board meeting to order for July 23rd, 2009. Notice: The respondent may be limited to 20 minutes for case presentation, unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Roll call, please. MS. WALDRON: Mr. Gerald Lefebvre? CHAIRMAN LEFEBVRE: Here. MS. WALDRON: Mr. Ken Kelly? MR. KELLY: Here. MS. WALDRON: Mr. Robert Kaufman? MR. KAUFMAN: Here. MS. WALDRON: Mr. James Lavinski? MR. LAVINSKI: Here. MS. WALDRON: Mr. Heriminio Ortega? MR. ORTEGA: Here. MS. WALDRON: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. WALDRON: Mr. Ed Larsen? MR. LARSEN: Here. MS. WALDRON: Mr. Larry Dean? Page 2 16 ! July 23, 2009 MR. DEAN: Here. MS. WALDRON: And Mr. Nicolas Hemes? MR. HEMES: Here. CHAIRMAN LEFEBVRE: And do you have any changes to the agenda? MS. WALDRON: Yes, we do. Under stipulations, we will be moving Item C.3 under hearings. It's BCC versus Rafael Santos and Zonia Barginer, Case CESD20090000849. Actually, under motions we have two motions for continuance. They will be Item 5.A.2 from the agenda, BCC versus Mark Goodman, Case CESD20080006858. And also motion for continuance will be Item 4.C.2, BCC versus Bruce G. Wood, as trust of Bruce G. Wood Revocable Trust, Case CESD20080003740. We're also adding to motion for extension of times. The first will be Case BCC versus Raymond Charles and Bolomin Charles, Case 2007110124. The second case will be BCC versus Reynaldo Cortez, Jr., Case CESD20080008613. Under Item 5A motion for imposition of fines, number three, BCC versus AMG Properties, Inc., Case 2007090454 is being withdrawn by the county. Number five under motion for imposition of fines, BCC versus Klemco, LLC, Case CESD20090002071 is being withdrawn by the county. Item 5.A.6, BCC versus Klemco, LLC, Case CESD20090002075, is being withdrawn by the county. And Item 5.A.7, BCC versus Empire Developers Group, LLC, Case CESD20080014496, is being withdrawn by the county. CHAIRMAN LEFEBVRE: Any further changes? MS. WALDRON: That's all. Page 3 16 I July 23, 2009 CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LAVINSKI: I'll make a motion we accept the changes. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KELLY: Second. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. KELLY: Aye. MR. LARSEN: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Approval of the minutes for June 25th, 2009 hearing. MR. KELLY: Make a motion to approve the minutes. MR. HEMES: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in fa -- THE COURT REPORTER: He's an alternate. CHAIRMAN LEFEBVRE: I need a second, not from the alternate. Alternates cannot vote. MR. L'ESPERANCE: I second that motion. CHAIRMAN LEFEBVRE: Any further discussion? MR. LARSEN: I abstain, because I was not here. CHAIRMAN LEFEBVRE: Any other people abstaining? MR. DEAN: (Indicating.) 16 1 1 b4 July 23, 2009 CHAIRMAN LEFEBVRE: We have two abstaining. All those in favor? MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. We're going to move on to public hearings /motions. And the first one is a motion to dismiss, BCC versus Marek Okenka and Lenka Okenkova. I had the most difficulty with this one last time, too. MS. PEREZ: Good morning. (Speaker was duly sworn.) MS. PEREZ: The county's recommending that we dismiss the order -- the case because of different circumstances that have evolved on the property since the case was first heard in front of the board. There are other options that the property owner can proceed with in order to comply with the county's regulations. MR. KELLY: I make a motion to withdraw the case. MS. ASHTON- CICKO: Excuse me. I just also want to make a note for the record that there is an order that's entered in this case. So part of your motion to dismiss will include motion to vacate and set aside the prior order. MR. KELLY: I make a motion to dismiss the case and also a motion -- or a dismissal of the motion for the extension. Is that correct? The order that goes along with it? CHAIRMAN LEFEBVRE: Make a motion to vacate, is that the MS. ASHTON- CICKO: Yeah, we're vacating your prior 161 lou July 23, 2009 findings of fact order. MR. KELLY: So moved. MS. ASHTON-CICKO: Thank you. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: Any further discussion? MS. WALDRON: Just for the record, there's also an expansion of time order too, which will have to be included in that. MS. ASHTON- CICKO: Oh, there is? Okay. MR. KELLY: I stated that as well. I thought that's what you were originally referring to. Got it now, all three parts. MS. ASHTON- CICKO: All right, thank you. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. PEREZ: Thank you. CHAIRMAN LEFEBVRE: Next motion we have is motion to for an extension. And that should be Charles. MR. LARSEN: Is it Goodman? CHAIRMAN LEFEBVRE: Doesn't matter which order, right? MS. WALDRON: No. (Speakers were duly sworn.) July ' 009 � � � THE COURT REPORTER: May I have your name, please, and spelling? MR. CHARLES: Raymond Charles. R- A- Y- M- O -N -D. Charles. MR. WALKER: Investigator Weldon Walker. W- E- L- D -O -N. Walker. Collier County Code Enforcement. CHAIRMAN LEFEBVRE: Can you explain to me why you're looking for your extension of time. Please explain to the board why you're looking for an extension of time. He will have to be sworn in also to speak. (Mr. Bolomin Charles was duly sworn.) THE COURT REPORTER: May I have your name and spelling of your last name, please? MR. CHARLES: My name is Bolomin. B- O- L- O- M -I -N. Charles. CHAIRMAN LEFEBVRE: I asked why you need another extension of time. MR. BOLOMIN CHARLES: The reason why I come here again, because I find the engineer, he give me the plan. So I had to get plan to the office over there. So when they check it out, they says he needs something to put on it. So they send me a letter and I took that letter to him, so he says he's going to call someone at the office so you know he can get an arrangement. But I never get chance to written (sic) it. That's why, you know, I'm ask for the extension. CHAIRMAN LEFEBVRE: All right, Mr. Kelly? MR. KELLY: Investigator Walker, do you feel as though the Charles' have been diligent and this is more of a permitting, paperwork, engineering type issue? MR. WALKER: Yes, I do. Yeah, I do. MR. KELLY: So really, County doesn't have any objection to the extension of time? MR. WALKER: Not at all. He actually did what was requested Page 7 161 1 July 23, 2009 of him. His engineer, Mr. Barrera, gave him the information. He submitted it. Our research reflects that the permits were applied for. They went through their stages, but it did get rejected. And he took that information, again, as he said, to the engineer. The engineer has yet to respond. I guess he kind of keeps putting them off. I've attempted to contact them as well, and all I get is a full mailbox. So based on his efforts and my efforts, I believe that, you know, he's made effort to really get it resolved. MR. KELLY: Thank you. CHAIRMAN LEFEBVRE: Any other questions from the board? MR. KAUFMAN: How many days do you think you can feel good about an extension that you have everything done? MR. BOLOMIN CHARLES: Depend the engineer. I have to go check this afternoon day. He told me to call him. So I give him a call. The mailbox is full. So I -- you know, I have to check out exactly. That's why I asked for -- it can be 90 days again, if you can have me get it. CHAIRMAN LEFEBVRE: According to his letter that was written to Mr. Walker, it does ask for 90 days. And are you looking for 90 days -- let me see. When was the original motion, the extension, 90 days? 30th of April, so that would be -- MR. BOLOMIN CHARLES: It was to July 12th. CHAIRMAN LEFEBVRE: -- July 30th. Are you looking for 90 days from July 30th or 90 days from today? I guess would be the only -- MR. BOLOMIN CHARLES: Ninety days from the 23rd? It can be from July 30th to the October. CHAIRMAN LEFEBVRE: If we're going to make a motion, if whoever makes the motion could stipulate from July 30th, not from 161 1 04 July 23, 2009 today. MR. KELLY: Another quick question. If this takes another 90 days to get the permitting process, it doesn't leave the respondent a lot of time to actually complete the construction repairs. Is there a -- I don't remember exactly the details behind it. I know that it's some kind of addition work. But is there work to be done? MR. WALKER: From what I understand, there's a few replacements and some beam work that was done that was supposed to arrive, some reinforcement. And from what I understand from the engineer, it's not a complicated process as much as it is making sure that it falls in the realms of what code requires. So I don't -- I don't feel, based on the information that he provided me, that it would be a lengthy process. But again, I think the biggest problem they're running into is actually the engineer and making contact with him. So what I'm going to do is, again, I'll try to be as aggressive as I can with them, in support of him following it through and getting it done. Because there are a few barriers there I think, so -- MR. KELLY: Thank you. My comment to the board would be then maybe another 30 days on top of the 90 to help with construction once the permits are secured. MR. LARSEN: Well, I mean, I thought they -- didn't they already complete the construction and they just didn't have the permits for it? It's an overhang outside the front door? MR. KELLY: But there's additional bracing that needs to be applied. MR. LARSEN: Is that the issue, do you need additional bracing? MR. KELLY: Investigator? MR. WALKER: Yeah, what I -- the permit is actually a permit by affidavit. So I guess the actual information that was submitted, based on the work that was done, there was some needs for NM 16 i i a� July 23, 2009 improvements. And some of that was beam work. But again, the work is completed, but there's still need for something to be corrected. So that's the route that they're going. CHAIRMAN LEFEBVRE: Do I hear -- do I have any other questions from the board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I move to give them 120 days. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KELLY: Second. MRS. CHARLES: How many days? CHAIRMAN LEFEBVRE: 120 from what date? From today's hearing, or -- MR. LARSEN: I thought it was from July 30th. CHAIRMAN LEFEBVRE: Or from July 30th. MR. LARSEN: July 30th, 2009. MR. BOLOMIN CHARLES: Thank you very much. MR. KELLY: Second. CHAIRMAN LEFEBVRE: I have a second. MR. DEAN: Second the motion. The hearing's closed, we're making a motion, okay. Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? Page 10 16 I 1 July 23, 2009 (No response.) CHAIRMAN LEFEBVRE: Motion passes. You have 120 days from July 30th. MR. BOLOMIN CHARLES: Okay, sir, thank you. Thank you very much. CHAIRMAN LEFEBVRE: You're welcome. MR. BOLOMIN CHARLES: Have a nice day. MRS. CHARLES: Have a good day. CHAIRMAN LEFEBVRE: You too. The next motion will be -- next motion of time will be Cortez. (At which time, Francesca Cortez, Fernando Cortez and Maria Rodriguez were duly sworn.) CHAIRMAN LEFEBVRE: And if you can explain why you'd like extension of time, please. MRS. CORTEZ: Well, the bank give us -- they give us a letter that said that we were going to get a loan to pay off the amount we owed, but I don't know what's going on, but it's taking so long. And I was worried about the 30 days coming up, so that's the reason I'm up here today is to see if I can get another 90 days to complete the -- come up with the money or tear it off, whatever comes first. CHAIRMAN LEFEBVRE: When was their time frame? MRS. CORTEZ: I think I had 30 days and 90 days the last time I was here. CHAIRMAN LEFEBVRE: When are you supposed to have the work completed by right now; do you know? MS. RODRIGUEZ: She had 30 days to pay for the permit, and then they gave her 90 days to finish. Because it was permit by affidavit. But they were having problems with financially getting the money from the bank. The bank I guess is going through a hard time and they haven't given her, her check, although she was approved. So that's where they're at now. CHAIRMAN LEFEBVRE: So there's been no engineer hired or Page 11 161 1 Ica July 23, 2009 anything at this point? MS. RODRIGUEZ: Everything is finished. Everything is done. She needs to get the permit. In order to get the permit, she has to pay the fee. She asked for a loan. The loan got approved. She got the letter when she came in the last time. And we gave her 30 days to pay the $16,000. The bank never issued the check. I guess it's going through -- I don't know, they're having issues with Florida Community Bank. And so she was waiting, but no money. MR. KAUFMAN: So you've gotten a copy of the approval letter from the bank? MS. RODRIGUEZ: Yes. CHAIRMAN LEFEBVRE: I do remember, she did come in with a letter. MS. RODRIGUEZ: I've got a copy, if you need to see it. CHAIRMAN LEFEBVRE: That's okay. MR. LARSEN: And what is the $16,000 for? MS. RODRIGUEZ: It was for a house that was built without a permit. That was for impact fees. MR. LARSEN: And the house is being occupied? MS. RODRIGUEZ: No. No one lives in it. MR. KELLY: The operational costs, have they been paid? MS. RODRIGUEZ: No. The whole 16,000 is for the operational cost and for -- oh, for here? Did you pay? When you came to court -- MRS. CORTEZ: Yeah, we paid. MS. RODRIGUEZ: -- did you pay the operational -- MRS. CORTEZ: No, we only paid 80 something dollars. MS. RODRIGUEZ: So she did. MR. DEAN: Can I ask one question? The permit fee has not been paid, correct? MS. RODRIGUEZ: Correct. MR. DEAN: And how much would that be? Page 12 161 1 & July 23, 2009 MS. RODRIGUEZ: For the permit itself? MR. DEAN: Yes. MS. RODRIGUEZ: The whole fee is $16,000. MR. DEAN: So it's not separate? MS. RODRIGUEZ: Uh -uh. Impact fees, everything is included. MR. DEAN: I asked that question because I wonder would a bank give a loan if they could not get a permit. So it would be subject to that too. MS. RODRIGUEZ: That's the total amount that's due. MR. DEAN: Okay, thank you. MR. LARSEN: So the permit is just hung up because they have to pay their impact fees. MS. RODRIGUEZ: Correct. days. MR. LARSEN: And they need a loan to do this? MS. RODRIGUEZ: Correct. MR. LARSEN: I'm of the mind to give them the 90 days. CHAIRMAN LEFEBVRE: Is that a motion? MR. LARSEN: I make a motion to give them an extension of 90 MR. DEAN: I'll -- MR. KAUFMAN: Second. MR. DEAN: -- second the motion. MR. KELLY: Can I ask for clarification on the motion. Was that 90 days then on both parts of the order? Originally they had 90 days to get the permit and then 90 days after that to complete whatever work is necessary? MR. LARSEN: If I understand, the work has been completed, right? MS. RODRIGUEZ: The work has been completed. MR. LARSEN: Okay. So it's just a matter of getting the bank to give them the loan to pay the money to the county so they can get their permit issued and they'd be done. Page 13 16i 1 � July 23, 2009 MS. RODRIGUEZ: Correct. MRS. CORTEZ: Correct. MR. KELLY: Well, I believe the time frame now falls outside the second part of that order. And my suggestion would be to structure the motion to where if you extend the first part of the motion 90 days, it then extends the second part of the motion as well. So the second one doesn't expire before the first. MR. LARSEN: All right. All right, the order of the board. Number one, operational costs, they have been paid. Number two, shall apply for and obtain all required permits for building structures within 30 days of this hearing or fined at $200 a day. Well, they've applied for them, they haven't received them, okay, so they haven't obtained. So there would be an extension of time of 90 days for them to obtain the required permits under paragraph two of the order. Okay, so -- MS. WALDRON: Can I -- go ahead. MR. LARSEN: Well, I don't think provisions three and four are that applicable. That's the notice to the county and a failure to abate. So besides extending the time to obtain a permit's 90 days, what else do we need to do? MS. WALDRON: The actual -- the order states that they've got the 30 days to obtain the permits, and then they actually have 90 days from the permit issuance. So there's not really a date specified in there. So if you extend the first part 90 days, it's going to still be 90 days from whenever the permit's issued. MR. LARSEN: Excellent. Thank you. You're talking about to obtain a certificate of occupancy? MR. KELLY: That's correct -- MS. WALDRON: Right. MR. KELLY: -- yes. But Jen just cleared it up. It's good. MR. LARSEN: All right. So I move to extend the time from 90 Page 14 161 July 23, 2009 days for them to obtain the permit. MR. KAUFMAN: Second goes along with it. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKL• Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Do you understand what we just did? You have 90 days from today to get the permit. And then another 90 days to complete -- or to get the certificate of occupancy. MRS. CORTEZ: Okay, from today I got 90 days? CHAIRMAN LEFEBVRE: Correct. Is that what your motion is, 90 days -- MR. LARSEN: That's correct. CHAIRMAN LEFEBVRE: -- from today? MR. LARSEN: Yeah. CHAIRMAN LEFEBVRE: Okay, very good. MR. LARSEN: You've got to go to the bank, work it out, try to get the loan to pay the county. They're $16,000 within 90 days from today. If you don't have the loan within that time period, go back to the code enforcement officer, tell them, they'll put it back on the calendar and we'll readdress it. Okay? MRS. CORTEZ: Okay. Thank you. CHAIRMAN LEFEBVRE: Thank you very much. Page 15 16 I July 23, 2009 Next we're going to move on to motion to continue. And the first one will be Mark Goodman. (Mr. Letourneau and Mr. Goodman were duly sworn.) MR. LETOURNEAU: Do you guys have the letter -- for the record, Jeff Letourneau, Collier County Code Enforcement Supervisor. MS. WALDRON: For the record -- I don't know if you want to swear me in. (Ms. Waldron was duly sworn.) MS. WALDRON: For the record, Jen Waldron. I did speak to Mr. Goodman, and he is working through the process. He couldn't be here today. I don't think the county has any objection to giving him some more time to come back so he can be here and say what he's done himself and then argue his case at that time. CHAIRMAN LEFEBVRE: So would it be best maybe to continue this till next meeting, our August meeting? MS. WALDRON: Yeah, that's probably the best way. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KAUFMAN: I make a motion that we move it to the next meeting. CHAIRMAN LEFEBVRE: Do we hear a second? MR. LAVINSKI: Second. MR. LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? Page 16 16 1 1 OU July 23, 2009 (No response.) CHAIRMAN LEFEBVRE: Motion passes. The next one will be Mr. Wood, or Bruce G. Wood. MS. WALDRON: If you guys want to move to the stipulation agreement and then we can come back to that? CHAIRMAN LEFEBVRE: All right, we'll move to stipulations. Well, we probably need to amend the agenda. MR. LARSEN: Have you spoken with Mr. Wood? MS. WALDRON: I have not. But I know that the investigator has. She did tell me this morning. She's here. MS. SORRELS: Good morning, gentlemen. I spoke with Bruce -- CHAIRMAN LEFEBVRE: We need to swear you in. MS. SORRELS: I'm sorry. (Ms. Sorrels was duly sworn.) MS. SORRELS: For the record, Azure, A- Z- U -R -E, Sorrels, S- O- R- R- E -L -S. I spoke with Mr. Wood yesterday by phone. The reason why he's asking for the continuance, gentlemen, is he's got some medical conditions that have arose, and he's attending to doctors' appointments. CHAIRMAN LEFEBVRE: Did he state when he would like the continuance till? MS. SORRELS: No, he didn't. According to the letter that he wrote, he said any other day. Yeah, I didn't actually ask him, and he didn't specify. MR. LARSEN: All right, I make a motion to continue it to our next hearing date. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: Any discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. Page 17 16 I July 23, 2009 MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Thank you. MS. SORRELS: Thank you. CHAIRMAN LEFEBVRE: We are going to move on to stipulated hearings. And it will be BCC versus Rafael Santos and Zonia Barginer. (Mr. Santos, Mr. Mucha and Ms. Barginer were duly sworn.) CHAIRMAN LEFEBVRE: Please state your name for the record. MR. SANTOS: Rafael Santos. CHAIRMAN LEFEBVRE: And Investigator? MR. MUCHA: Investigator Joe Mucha. CHAIRMAN LEFEBVRE: Thank you. Do you have a stipulated -- okay, you'll have to put it up. Would you like to read the order, please. MR. MUCHA: Yes, sir. I met with Mr. Rafael Santos this morning, and he is here on behalf of himself and also representing his mother, Zonia Barginer. He agreed that the violations -- he's in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 2, Section 22- 26(B), 104.5.1.4.4. And described as a recurring violation of letting permit expire for addition made to the structure on the property. He's agreed to pay operational costs in the amount of $85.86 incurred in the prosecution of this case within 30 days of the hearing, 16 i 1 �j,� July 23, 2009 and to abate all violations by: He must request or cause inspections through to certificate of occupancy for Permit 2009021403 within 90 days of this hearing, or obtain a demolition permit, inspections and certificate of completion for removal of all improvements made within 60 days, or a fine of $250 a day until violation is abated. The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement. And all costs of abatement shall be assessed to the property owner. For some reason it came up twice. It's only supposed to be on there once. CHAIRMAN LEFEBVRE: Mr. Santos, do you agree with this? MR. SANTOS: The paper that is there? Yes. CHAIRMAN LEFEBVRE: Okay. Any questions of the board? MR. ORTEGA: I have a question. With regards to this particular project, this is an addition that you've built? MR. SANTOS: That I'm doing, yes. MR. ORTEGA: And at what stage is this addition in? MR. SANTOS: I have already done the framing. I have already done the final roofing. I also -- one of the inspectors came to do the installation. MR. ORTEGA: The inspection? MR. SANTOS: The inspection. But I also did all the electrical. But it didn't pass, so I had to do it again. MR. ORTEGA: So at this point you're not really drywalling, in other words? MR. SANTOS: Say that again? MR. ORTEGA: There's no drywall installed yet at this point. I'm Page 19 161 1 bu July 23, 2009 just -- MR. SANTOS: No, I haven't done it yet. But I have already bought the materials for the drywall and materials for the -- I have already bought the stucco. So I just need time and that's the reason. And also money. MR. ORTEGA: Ninety days to complete all this? CHAIRMAN LEFEBVRE: How big of an addition is it? MR. SANTOS: It's only two bedrooms. MR. ORTEGA: So basically the size of a garage? MR. SANTOS: No, no, it was only two bedrooms. MR. ORTEGA: Two bedrooms. MR. SANTOS: I don't know, if you can just give me like a -- I'm not too sure, but like three months ago I reapply for the permit. And I know that I have been spending a lot of time doing it, because it has been almost two years. But it was because of money. But I pay the permit like three months ago, $600. And I don't know if you can -- three months is okay, but if you can give me more time I would -- I'm going to finish it. It's almost done. CHAIRMAN LEFEBVRE: Have impact fees been paid and everything? MR. SANTOS: Yeah. CHAIRMAN LEFEBVRE: As an addition there's not -- MR. MUCHA: And he has a permit issued. He's been going through the inspection process. CHAIRMAN LEFEBVRE: Okay. MR. LARSEN: Let me ask a question. Paragraph two, is there an internal inconsistency if you give him 90 days on one aspect but only 60 days on the other? MR. MUCHA: Well, I initially was going to give him 60 days on each. And he's pretty much told me that he's going to follow through and get this thing permitted, so I didn't feel the need to change that. But I did want to give him the additional time to get it finished. Page 20 161 1 �� July 23, 2009 MR. LARSEN: Right. But shouldn't the second provision be also 90 days? CHAIRMAN LEFEBVRE: Yes. It's contradictory. MR. LARSEN: Change it to 90 days. MR. MUCHA: Okay, no problem. MR. UESPERANCE: But I think I also hear the respondent requesting perhaps an additional 90 days, so perhaps both of these numbers should be 120? MR. LARSEN: I have no objection to that. MR. KELLY: I have a question. CHAIRMAN LEFEBVRE: Sure. MR. KELLY: Investigator Mucha, do you know how many times he's reapplied for that permit? MR. MUCHA: This would be the third time. MR. SANTOS: Yes. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I think Mr. L'Esperance had a point -- MR. UESPERANCE: I move that we accept the stipulation as submitted, with the amended dates of 120 days in both of the locations for paragraph -- sub - paragraph two. MR. LARSEN: I second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? Page 21 I bU July 23, 2009 (No response.) CHAIRMAN LEFEBVRE: Motion passes. Before you leave today, what we just decided, that you have 120 days. But what I want you to do is he's going to have to cross out the dates and change the dates to 90 days and the 60 days to 120. We need you to initial both of those so you're aware that it's 120 days. MR. SANTOS: Thank you. CHAIRMAN LEFEBVRE: You're welcome. Have a good day. Next will be hearings, BCC versus Platinum Coast Financial Corp. (Ms. Sorrels and Ms. Pass were duly sworn.) CHAIRMAN LEFEBVRE: Please state your name. MS. PASS: Pam Pamela. P- A -S -S. MS. SORRELS: Good morning, gentlemen. For the record, Azure Sorrels, Collier County Code Enforcement Investigator. This is in reference to Case No. CESD20080005688, dealing with the violations of electrical conduit, wiring and outlets have been added to, installed, replaced and removed throughout structure. Plumbing has been added for the addition of sinks and toilets. Partition walls have been demolished and rebuilt. A bar and stage have been built and a lot has been demolished. All of the above - mentioned construction has been started and /or completed without first obtaining all required Collier County building permits. The location of the violation is 11150 Tamiami Trail East, Naples, Florida, 34113. Folio No. 00439000008. Service was provided on March 6th, 2009. And I would like to present case evidence in the following exhibits. Exhibit 1 -- B -1 will be five photographs dated 4/24 of '08. And B -2 will be 18 photographs dated 4/25/08. MR. DEAN: Motion to accept the photos. MR. KELLY: Azure, has the respondent seen them and Page 22 161 1 6Q July 23, 2009 approved them? MS. SORRELS: They have been provided copies, yes. MR. L'ESPERANCE: Second the motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. SORRELS: All right, we have a very unique situation here. And I'm going to try to keep it very short and clear as possible, because it can get a little confusing. A complaint was made on this property. And I made a site visit on 4/24 of '08. I met with the business owner, Juan, and I explain to him my purpose there and I asked if I could walk around. And he allowed me to walk around and he answered all my questions. As walking through I noticed a lot of things that were either in the progress -- or in the process of being done or has already been completed. I'll go ahead and start showing the photographs here. This is on the outside of the building. This is an AC disconnect. And it was verified with the business owners that that had been replaced. And of course there was no permits. This is on the back of the structure. You can see the conduit coming out of the wall, burning down to a box and into the ground. Page 23 161 1 July 23, 2009 Just material and debris showing the electrical work had been in progress. Some more debris showing demolition, removal of things. This is the AC unit. Again, the stand that it's on would have to be permitted, the AC would have to be tied down and it would have to meet code, so that would also require a permit. This is on the inside of the structure. And this is some plumbing that has been added into the men's bathroom to add additional sinks and toilets. MR. ORTEGA: I'm sorry, this is a commercial space? MS. SORRELS: I do apologize, it's commercial -- it was a commercial building but it's on a PUD property, property that's zoned PUD. And we're going to get into that whole scenario in just a second. This is an outlet that I was just taking a picture of, it had been added. And again, everything that I'm showing you has been confirmed by the business owner that had been replaced or added. Some more plumbing work. This is behind the bar. They have a stainless steel sink and they had extended the plumbing from what was existing in the wall out to the sink. There's a closer picture of it coming out of the ground in the wall and being added to. A hot water heater had been installed. The conduit that is extending from and going up the wall is new, so it's electrical that's been ran, would require permits. This is the stage that had been built. And behind the stage you see a lot of electrical outlet boxes and conduit as well had been installed with no permits. This is the construction of the bar that's on the inside. This is one of the partition walls that had been demoed and rebuilt. It's a partition wall that covers the entryway to the women's restroom. Page 24 16 1 1 & July 23, 2009 More electrical installation. The next two pictures are the close -ups of what you had seen behind the stage. As you can clearly see, it's very new. And even shiny still. This is the conduit and the electrical box, and you actually see it on the outside in the rear of the building going into the ground. Some more electrical out -- or that's an electrical panel that had been added. This is in the men's restroom, they had erected a partition wall to enclose a regular toilet from the urinals and the sink. The plumbing that had been extended from the existing and coming out to the sinks. The installation of the two urinals. The plumbing work that was inside the wall where they had cut the wall out to do plumbing. And the last is just again pictures of construction material that was being stored on the property, indicating that there was stuff taking place. The business owners, both Juan and Eddie, I met with them as well on the following day, and they provided me contracts from Pagona Construction. They had signed contracts with this company. And in those contracts that I had in my possession and read through, they were stipulated in there that they would be responsible, the construction company, Pagona Construction Company would be responsible for obtaining all required building permits. They unfortunately did not. That situation had been turned over to contractor licensing and they handled that end of it. However, it left the business owners in a position where they've already spent a ton of money and had work done and was under the understanding that it was being done properly. Shortly after that -- this all took place on the 24th and the 25th of April in 2008. Page 25 16 i 1 face Jirly 231 2009 In July I was contacted and I met with a Vince, who is a contractor that was contacted by the business owners, and he wanted to meet with me. So I met with him and explained to him what would need to be permitted and what work would need to -- what he would have to do to bring it in compliance. Long story short is after they determined what they were going to do, they went to the county, they wanted to obtain building permits, and they were rejected from the county. And here's where the PUD comes in place. Mr. Micelli had a PUD from '84 and then he amended it in '92. The PUD has sunsetted, which in laymen's terms is expired. They did not complete the PUD development in the time frame given to them according to the ordinance. Since it's been sunsetted, there -- it is in our Land Development Code, 10.02.13, the county will not issue any permitting for development of any kind until three things happen on the PUD: Either they amend the PUD, they extend it, or they rezone the property. This is a process. Any three of those processes will be extremely expensive. In the time frame that this case has opened until now, unfortunately Mr. Micelli has passed and his daughters are now taking care of the properties and stuff that he has owned. They, from my understanding, are not looking to keep the properties and they're wanting to sell them. So again, we're in a situation. And our director, Ms. Flagg, had recommended we bring this to the board, because they're in a Catch -22. The Catch -22 is we're telling them there's violations and they have to abate them, either by demo or obtain building permits. Our building department will not do either because the PUD has sunsetted. MR. L'ESPERANCE: What is the county attorney's recommendation or opinion? MS. SORRELS: Excuse me, sir? MR. UESPERANCE: The county attorney's recommendation or Page 26 16 i 1 �4 July 23, 2009 opinion, or his perspective. MS. SORRELS: To be honest with you, that was never even brought to the County Attorney. MR. KELLY: Azure, what was the result of the Collier County Contracting Licensing? MS. SORRELS: I do believe that's still going on. I did not follow through with it. Ian Jackson was handling that. I know that there was fines and stuff I believe that were imposed with that contractor, but I don't know all the details. MR. KELLY: So no restitution? MS. SORRELS: To my knowledge it would be the restitution would go to the business owners and maybe Ms. Pass can answer that. I'm not sure. After the business owners vacated that building, I really haven't had any contact with them. MR. KAUFMAN: The original inspection on this was because of a -- something was turned into code enforcement? MS. SORRELS: Correct. A complaint was made that the work was being done without permits. MR. KAUFMAN: Okay, that was the complaint, work done without permits. MS. SORRELS: Yes, sir. MS. PASS: And no, he has not been reimbursed. CHAIRMAN LEFEBVRE: How do you keep a PUD up to date once -- I would assume that this PUD was built out, or was it not built out? MS. SORRELS: No, it was not. The PUD, to the best of my knowledge what I read through the ordinance, nothing of the PUD actually had even been started. And a PUD is good from five years of the date of the approval. And at that five years you have to submit your progress and things like that to the Planning Commission and also to the Board of County Commissioners as well. CHAIRMAN LEFEBVRE: So there's buildings on this site Page 27 1 (a i 1 �� July 23, 2009 without it showing that any work was done on it; is that what you're telling me? MS. SORRELS: This property actually has a building on it that's been there for many, many years. I don't believe that building is actually part of the PUD. Well, it's part of it, but I think it was there before the PUD was actually applied for. So since the PUD was issued or approved, nothing has been constructed since then. The building that was there was existing prior to the PUD. MR. LARSEN: Was this formally a restaurant? MS. SORRELS: It's been many things, sir. It's got a history. But yes, it was a restaurant at one point in time. MR. L'ESPERANCE: Do you have an exterior perspective photograph for us? MS. SORRELS: As in like the building itself? That I would have to say no, I do not. CHAIRMAN LEFEBVRE: I guess the question, the PUD -- what I'm trying to get at, did the PUD include this building being torn down? MS. SORRELS: No, it was -- CHAIRMAN LEFEBVRE: So it was incorporated within the MS. SORRELS: Correct. CHAIRMAN LEFEBVRE: Before the PUD was put on it, was there any permits to the building? There had to be a permit to build the building. MS. SORRELS: Correct. And honestly, that's in'82 when that PUD was done, was -- the original PUD was in '82. And I did not check for building permits on that building. CHAIRMAN LEFEBVRE: I guess the question that I have is the building's built without a PUD on the property. MS. SORRELS: Right, the building was built prior the PUD 16 1i 1 b(� July 23, 2009 being approved. CHAIRMAN LEFEBVRE: So now that there's no PUD on the property, why can't there be -- why can't it revert back to prior to the PUD and a permit being pulled? Because in a commercial -- a commercial zoned property doesn't necessarily need to have a PUD in place to have a building erected. So I'm not really understanding why prior to this PUD the building was built, permits obviously permitted and given and now -- I'm kind of not following that. MR. ORTEGA: Does the present zoning allow for this building? Aside from the PUD. MS. SORRELS: Yes, it would. I mean, if -- MS. PASS: It was a C -4 zoning before the PUD. But basically they're telling us that we have no zoning and we have no PUD. You have nothing. It's in limbo. So we can't do anything. MR. KAUFMAN: Except taxes. MS. PASS: Except taxes. MR. LARSEN: Let me ask a question. I mean, basically Platinum Coast Financial Corp. is the owner of the building, correct? MS. PASS: That's correct. MR. LARSEN: Okay. And is it Platinum Coast that contracted for the renovations in the interior building? MS. PASS: No, it was the tenant. MR. LARSEN: Okay. So you leased the building for the tenant. MS. PASS: Right. MR. LARSEN: The tenant wanted to change it from a restaurant over to a cafe or a nightclub. MS. PASS: To make some internal improvements, yes. It was both. Prior to that, it was a little restaurant /lounge. MR. LARSEN: Okay. Now, did the tenant or tenant's contractor ever apply for permits? MS. PASS: Not to -- MS. SORRELS: No. Page 29 July 23, 2009 MS. PASS: -- my knowledge, no. MR. LARSEN: Okay. And right now you can't get permits because of this PUD hanging over your head. MS. PASS: And can't rent it, can't do anything with it. MR. LARSEN: Right. So the first question is whether or not they had permits prior to doing any of the renovations. And the second question is how much time you really need to get permits if you can get them at all. MS. PASS: Well, they're telling us that we can't get permits unless we get a PUD or go for a zoning change. There's nothing we can do with the property. MR. L'ESPERANCE: I really think we need to get a legal reading from the county's attorney. CHAIRMAN LEFEBVRE: What's the current zoning on this property? If it was C -4 before, what -- MS. PASS: It was C -4. They tell me there is no zoning. There is no zoning, there is no PUD. It's a limbo property. CHAIRMAN LEFEBVRE: Is it zoned ag. now or -- did it revert back to ag.? MS. SORRELS: No, it has a zoning. It's very confusing the way it was even explained to me. There is -- it keeps its PUD zoning, but the zoning technically is not active because the PUD has sunsetted. CHAIRMAN LEFEBVRE: It doesn't revert back to a C -4? MS. SORRELS: Unfortunately no. MR. ORTEGA: Can you get it reverted back? MS. SORRELS: They have to go through the lengthy costly expense of doing a rezone or pursuing another PUD. MS. ASHTON- CICKO: Mr. Chair, may I suggest that you continue this matter to the next meeting and have the staff consult with the County Attorney's Office on options that might be available. CHAIRMAN LEFEBVRE: Yeah, because it sounds like this might not be the arena -- Page 30 16 J 1 Ov July 23, 2009 MR. L'ESPERANCE: This is not the correct venue for this at this time. CHAIRMAN LEFEBVRE: Right, thank you. MR. LARSEN: Well, I'm not sure I agree with that, because basically there is a, you know, an allegation by the county that there was a violation of the ordinance in that they didn't get the permits. Now I don't have an objection to it being continued but basically, you know, I think the failure -- the failure of them to even apply for permits before they start the demolition of the renovations is a separate issue of whether or not they could get certain permits. I mean, if they knew that basically it would be a costly endeavor to get the permits and decided to go ahead without getting them, that's a pretty serious issue. But like I said, I don't have an objection of being put over for -- MS. PASS: Well, we did -- when he hired the contractor, it said right in the contract that he was getting permits. So the tenant went in believing that it was permitted. MR. LARSEN: Ma'am, I'm not faulting you, I'm not faulting the tenant. All I'm saying is that basically, you know, it appears that the contractor who's the professional in this, you know, has put you in a very, very difficult situation. MS. PASS: Yes. MR. KAUFMAN: Just a question. Do you know whether or not this contractor was -- I guess he was licensed, if he went before the -- CHAIRMAN LEFEBVRE: Licensing board. MR. KAUFMAN : -- board. Do you know whether he was insured? And I'm assuming that if he was licensed he was insured. CHAIRMAN LEFEBVRE: I think these questions are probably not -- MR. L'ESPERANCE: I think they're premature. CHAIRMAN LEFEBVRE: Yes. Page 31 16 t I J�� July 23, 2009 MR. L'ESPERANCE: And Mr. Chairman, I'd like to make a motion that we continue this until the next hearing and request that the county get a legal reading from the County Attorney's Office. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: Any further discussion? MR. LARSEN: Well, I mean, basically I'm not sure we can direct the code enforcement people -- MR. L'ESPERANCE: Request. MR. LARSEN: I have no objection. CHAIRMAN LEFEBVRE: Any further discussion? MR. ORTEGA: I have a question. Have you spoken to the zoning -- the land planning at Collier County? MS. PASS: Yes. MR. ORTEGA: Have you gone through a preap. meeting or some type of -- MS. PASS: There is no need for an application, because I have no zoning on the property. And until I have a PUD or I go for rezoning, they won't talk to you. MR. ORTEGA: I believe that -- CHAIRMAN LEFEBVRE: We have a motion, a second, and really discussion should be amongst us. So -- any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor -- MS. SORRELS: Sir? I'm sorry, I just wanted to -- I apologize for not bringing this up sooner. And this might change what you're discussing right now. The Board of County Commissioners has approved a resolution, 2003 -55. And in that resolution that was approved by the Board of County Commissioners it states in here -- I'll put it up on the monitor for you. But paragraph three states, pursuant to Land Development Page 32 16 1 1 July 23, 2009 Code 2.7.3.4, the Miceli PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. MS. PASS: But we weren't doing development. CHAIRMAN LEFEBVRE: Right. MS. SORRELS: Understood. But the way it reads is that in the Land Development Code, it reads that -- CHAIRMAN LEFEBVRE: Well, this might be something that an attorney would want to -- County Attorney would want to interpret and direct -- not direct us, but maybe what this actually means. So I think a continuance -- we have a motion, we have a second. I think we're done with discussion. If we can take a vote. All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Just for the board's information, because County Attorney will be involved, we will have to change venues on this, because we can't have County Attorney's Office representing both sides, the county and the board. So it will have to be changed to the special magistrate. MS. FLAGG: There's a state statute that prohibits the County Attorney's Office representing both sides. Page 33 161 1 4 July 23, 2009 MR. UESPERANCE: I'm asking for a read or input from the County Attorney. MS. FLAGG: And we will get that. MS. ASHTON-CICKO: I think we'll work it out. Because the land use attorneys will consult with people in permitting to find out why they won't issue a permit and see if there's any nonconforming status or any eligibility for this property owner to proceed. Because at this point if you proceed -- you may find there's a violation, but she can't correct it unless she proceeds with a PUD amendment. I don't know whether she's the owner who has the ability to do that amendment to reestablish the PUD. It sounds like this is a PUD that has probably sunsetted some time ago, so the PUD extension that the board has just approved to your extension may not apply to this property, because it's already sunsetted. So there are some issues that the zoning staff can proceed without involvement of the code enforcement staff first to find out whether this property owner can correct it. And then you'll have more information next meeting as to what was determined. MR. KELLY: Also, I'd like to make a comment that the special magistrate is an absolutely capable and able board to the board. CHAIRMAN LEFEBVRE: Right, sure. MR. KELLY: However, I feel that this is the proper venue for this case, where you have a team of people to work on solutions. MS. ASHTON- CICKO: May we have the person that you dealt with in the zoning department? Do you know who that was? MS. PASS: I have it at the office. I'll get it for you. I can tell you where he stands in the lineup. MS. ASHTON- CICKO: Okay. MS. PASS: But I do have his name. MS. ASHTON- CICKO: Okay. If you could give it to Ms. Waldron, then she'll forward it to the County Attorney's Office. Page 34 161 July 23, 2009 MS. SORRELS: Was it Ray Bellows? MS. PASS: No. I never got past the front counter. MS. SORRELS: Okay. CHAIRMAN LEFEBVRE: I think we're done here. MS. SORRELS: Thank you. CHAIRMAN LEFEBVRE: All right. You were correct when you said it was a little confusing. MS. SORRELS: I apologize. I tried to keep it as clear as possible. CHAIRMAN LEFEBVRE: Thank you. I think we're moving on to old business, if I'm not mistaken. Motion for imposition of fines and liens. BCC versus LaSalle Bank National Association, as Trustee. Sorry, Jennifer, we're not going to make your 10:00. (At which time, Ms. Trueman and Mr. Paul were duly sworn.) MR. PAUL: Renald Paul, for the record, Collier County Code Enforcement. MS. WALDRON: This is in reference to violations of Collier County Ordinance 04 -41, the Land Development Code, as amended, Section 10.02.06(B)(1)(a). Location of violation: 2222 51 st Terrace Southwest, Naples, Florida. Description of violation: Nonpermitted extension to the existing home. Added doors and windows to the addition, pool, tiki but and shed. On February 26, 2009, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board OR 4434, Page 1357 for more information. The respondent has not complied with the Code Enforcement Board orders as of July 23rd, 2009. Page 35 16 July 23, 2009 The county's recommendation is to issue an order imposing a lien for fines at the rate of $200 per day for the period between June 28th9 2009 to July 23rd, 2009, 26 days, for the total of $5,200. Fines continue to accrue. Operational costs of $86.43 have not been paid. A total recommended lien amount is $5,286.43. CHAIRMAN LEFEBVRE: Can you explain your relationship to LaSalle Bank, please? MS. TRUEMAN: I'm the listing agent for this property which just went on the market. I met out with code enforcement approximately a week and a half ago. He explained this to me. The original owner, tenant, whoever did this is now not in the property. They were evicted. We're asking that the fines -- CHAIRMAN LEFEBVRE: Well, before that, do you have authority from LaSalle Bank to -- MS. TRUEMAN: They have requested that I come. I have nothing in writing, you know. We're trying to get the GC bids on this property in order to demo what has not been permitted and get it back to code so we can sell it. MR. LARSEN: Has there been a judgment of foreclosure? MS. TRUEMAN: I have the listing agreement. I do not have the clerk's title with me. I'm not sure if the clerk's title has it. It is listed at this point. MR. PAUL: The bank does have certificate of title for the property. MS. TRUEMAN: Do you have a date on when they did get it? MR. PAUL: It says here May 28th of 2009. CHAIRMAN LEFEBVRE: Does she have a -- I mean, the question would be does she have authority to represent LaSalle Bank as -- MR. ORTEGA: As the agent. Page 36 16 r 1 (�j(n July 23, 2009 MR. KAUFMAN: No. MR. ORTEGA: No. MR. KAUFMAN: Not according to our -- MS. TRUEMAN: I'm just here to find out what we need to do and to let you know that I have some GC's that have been out there. I'm waiting for bids to rectify what they have done. MR. KELLY: Mr. Chair, I don't have a problem with hearing testimony to help us make a decision. I just don't think she can represent the bank. CHAIRMAN LEFEBVRE: Right. I just want to make that clear, if that's the case, that she's not representing the bank. MS. TRUEMAN: Yeah, I do not have Power of Attorney or anything like that for the bank by no means. CHAIRMAN LEFEBVRE: Okay, go ahead. If you could just state what you've been doing with GC's and so forth. MS. TRUEMAN: Well, I'm waiting for their bids to forward to the bank so we can figure out what we're going to do. The bank is very much aware of it. They were sent the photos and the code violation information. And I have been in touch. They have asked me to contract GC's, which I'm in the process of getting two or three bids on now. The original violation, there's definitely a room addition. And there was a shed that somebody was living in. It appears that way anyway. The pool has been taken down. The tiki but has been taken down by the owner or tenant. That was not in place when I took the property over as a listing. CHAIRMAN LEFEBVRE: Well, we really can't do much with the fines because it's not been corrected. MS. TRUEMAN: Pardon me? CHAIRMAN LEFEBVRE: There's not really much we can do with the fines right now because it's not been -- the work hasn't been Page 37 16 il 1 July 23, 2009 corrected. So it's -- MS. TRUEMAN: Even if the bank hasn't had possession of it since May 28th, and these fines are mounting daily? MR. KELLY: Unfortunately the way the board works with the county ordinance is, is the violations are against the property, regardless of who owns it at the time or how long it's gone on or how it's changed hands. Usually the board does not like to grant any type of leniency to this point until compliance has been reached. Now, there is a provision in our rules and regulations that allows you to come back and ask for a -- MS. TRUEMAN: I'm sorry, could you speak up, I'm hard of hearing. MR. KELLY: Sorry. MS. TRUEMAN: Thank you. MR. KELLY: There is a provision in our rules and regulations that will allow you to come back and request a reduction or even an abatement of the fines after all of the violations have been corrected. CHAIRMAN LEFEBVRE: But I would recommend that you would have a representative from the bank to come at that point. MR. KELLY: And there is a time limit on that as well. MS. TRUEMAN: What kind of time limit have I got? MR. KELLY: I thought it was 30. Is it 30 days to ask for a reduction after we've imposed the fines? MS. WALDRON: Actually, once you impose the fines, it's out of your hands. It goes to the Board of County Commissioners. So they've got -- the county has to wait 90 days in order to forward for foreclosure to the County Attorney's Office, after you impose the lien. MS. FLAGG: And just as a point of clarification, the reason it would be imposed and the board -- the BCC has waived or mitigated fines once a lien is placed on the property. But by placing a lien, you're assuring that the buyer doesn't buy the home without knowing. Page 38 16 l July 23, 2009 Because a lien will show up in the public record. MS. TRUEMAN: That's understandable. I had another situation in Marco Island. The bank's not going to come here. What -- MR. LARSEN: I'd like to make a motion to impose the fine. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KELLY: Second. MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. TRUEMAN: Thank you. CHAIRMAN LEFEBVRE: Next will be imposition of fines for BCC versus Brian G. and Dara L. Gorman. (At which time, Mr. Gorman and Mr. Musse were duly sworn.) CHAIRMAN LEFEBVRE: If you can state your names for the record, please. MR. GORMAN: Brian Gorman. MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. MS. WALDRON: This is in reference to Case CESD20080008567. Violation of Collier County Ordinance 04 -41, the Land Development Code, as amended, Section 10.02.06(8)(1), Page 39 -gib' Pj July 23, 2009 10.02.06(B)(1)(a), 10.02.06 (B)(1)(e), and 10.02.06 (13)(1)(e)(i). Location of violation: 227 Dolphin Cove Court, Bonita Springs, Florida. Folio 29910000605. Description of violation: Constructed a dock with boatlift and electrical connections without proper Collier County permits. On February 26th, 2009, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board OR4434, Page 1354 for more information. The respondent has complied with the Code Enforcement Board orders as of July 22nd, 2009. The county's recommendation is to issue an order imposing a lien for fines at the rate of $200 per day for the period between June 28th, 2009 to July 22nd, 2009, 25 days, for the total of $5,000. Operational costs of 86.71 have not been paid. The total recommended lien amount is $5,086.71. MR. L'ESPERANCE: He has complied? MS. WALDRON: (Nods head affirmatively.) MR. LARSEN: Make a motion to abate the fine. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. MS. WALDRON: I think he's got a check for the cost. MR. LARSEN: Just the fine itself. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. Page 40 161 1 bu July 23, 2009 MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. LARSEN: Nice work. CHAIRMAN LEFEBVRE: All right, and I think that should be -- any new business? (No response.) CHAIRMAN LEFEBVRE: We already went through the consent agenda. Any reports? MS. FLAGG: Couple things. First I wanted to let you know that some of these cases are a little bit unique because the investigators are looking for new ways to help community members come into compliance. So you may be seeing some things they haven't seen before, because they're actually stepping out of the box to see if they can help community members even more. I wanted to give you some numbers on the Blight Prevention Program. Last week we had 25 violations abated by the banks. And the banks spent a total of $10,600 to abate these violations, just for that one week. For the nine months that we've implemented the Blight Prevention Program, we've had 795 cases. 337 have been abated by the banks. And the banks have spent a total of $274,000 to abate these violations. Now, the banks are abating these violations in the lis pendens status, so they're doing the abatements even though they don't have certificate of title. If it's a permitting issue that they have to go inside the house and get a permit, then we're holding that in abeyance, the case opened, until the bank gets certificate of title and then they're Page 41 16 i 1 July 23, 2009 going ahead and abating violations with the permitting issues also. I also -- we have two foreclosure teams, which I think I've briefed you on now, because of the volume of cases. If you've been reading the newspaper, you'll know that we've had over 10,000 properties file for foreclosure in Collier County. And it's not slowing down. The June numbers just came in and again they're higher than last year's June numbers, so the numbers are continuing to increase. MR. L'ESPERANCE: Diane, may I interject a little question here before you proceed too much further. The efforts that are being made also include exterior maintenance of these structures? MS. FLAGG: Right. What the banks are doing is they're -- MR. L'ESPERANCE: Grass, yards. MS. FLAGG: -- they're maintaining grass, yards. We have the five community task force teams and they're reporting properties. The task force teams are comprised of the sheriffs office, civic associations, homeowners associations. So we basically have our fingers on the pulse of what's happening throughout our community. And so as soon as a property is reported to us, we do a search. If it is a -- if a bank has filed a lis pendens, then we start the contacts with the banks. I will also tell you that the Board of County Commissioners did pass a motion to require a mandatory inspection of foreclosed and abandoned homes. And they've asked the realtor group and the contractors group, NABOR, CBIA and some other stakeholders, to develop the ordinance. And then it's scheduled to go back to the BCC on September 29th. And Code Enforcement and CDES is participating in the development of this working with the group to develop the ordinance. Additionally, the Code Enforcement Department has received a national award for the Blight Prevention Program, awarded through Page 42 16 July 23, 2009 the National Association of Counties. So that's the credit to the 50 members of the Code Enforcement Department that have worked really hard to make this Blight Prevention Program work. And lastly, one of the investigators that is part of the foreclosure team, Mr. Mario Bono, would like to present his thanks to someone that he works with. And I'm sure he'll have a few words, because he's rarely without words. MR. BONO: Thank you, Director. Good morning, gentlemen. Whatever Diane says obviously is right on the mark. We continue to struggle with this national housing climate, and we do everything possible to make it work and certainly hold the lenders accountable. We have such great relationships with the lenders right now, we pretty much make a phone call and an e -mail and it gets done. So hopefully you'll be seeing less of me and maybe more of Jennifer. Which is probably pretty good, actually. In any case, nothing happens, no success happens until we get the right people in place. And when we first created this program we had no idea it would take off as it did. This program has now been actually sent out to Palm Beach County. And Volusia County and several other counties in Florida have implemented the same program that we have right now. One county in Ohio actually has it now. So we're getting some good recognition from the program, and it keeps on rolling along. So I'm just the -- I guess one of the creators. And of course because of this person that works with me on a daily basis -- actually I spend more time with her than I do my wife -- she's the glue. She's the unsung hero. If I was a newspaper, she'd be the editor. If I was the Army, she'd be the general. So Michelle Crowley, would you mind coming up here? I don't get to do this too often. I actually was given this exclusively by HR and to nominate someone in my department for their credits and support, work ethics, performance. You name it, she does it also. Page 43 16 ! l July 23, 2009 (Applause.) MS. CROWLEY: I'm unprepared, because I was just tagging along because we always go out together. So this was unexpected. Thank you very much. And as Diane said, it's a team effort. I'm the one who tracks the numbers. I keep track of the cases and the numbers. So that when NABOR or CBIA or the director of the department wants to know what we've done and where we've been, I can tabulate the numbers. But everybody works. And thank you very much. MR. LARSEN: Congratulations. Thank you. MS. FLAGG: I will also tell you there's a second foreclosure team, Investigator John Santafemia and also Investigator Tony Asaro, due to the volume of the foreclosure cases. The foreclosure teams work with the banks. If the property is -- either the bank has filed a lis pendens or the bank has certificate of title, and if the property is abandoned. So the two foreclosure teams handle all those properties. And then the investigators are working with the community task force teams, opening up the cases and also working their regular caseload in addition to this anomaly that is probably going to be with us for a while with these foreclosures. CHAIRMAN LEFEBVRE: Any other comments? (No response.) CHAIRMAN LEFEBVRE: Our next meeting is August 27th, 2009. And we are ready to adjourn. Do I hear a motion? MR. DEAN: Motion to adjourn. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: No need for discussion. All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. Wmll .1 161 July 23, 2009 CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:16 a.m. COLLIER COUNTY CODE ENFORCEMENT B These minutes approved by the board on presented or as corrected Chairman as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 45 Ord of Coo"" GOmmisstoners L. LET IT BE REMEMBERED, that the Collier County Code 161 June 25,009 TRANSCRIPT OF THE MEETING OF T, CODE ENFORCEMENT BOARD Haws Henni Naples, Florida Coyle June 25, 2009 Coletl Enforcement 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: Gerald Lefebvre -- Larry Dean (Excused) Nicolas Hemes (Alternate) Kenneth Kelly Edward Larsen (Excused) Lionel L'Esperance Robert Kaufman James Lavinski Heriminio Ortega (Alternate) ALSO PRESENT: Heidi Ashton- Cicko, Assistant County Attorney Jen Waldron, Code Enforcement Specialist Jeff Letourneau, Code Enforcement Supervisor Cristina Perez, Code Enforcement Investigative S%q*m.isor Page 1 Date:. w..-- Qie 25 009 6� CHAIRMAN LEFEBVRE I'd like to call the Co e`En orcement Board Meeting to order for June 25th, 2009. Notice: The respondent may be limited to 20 minutes for case presentation, unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. May I have the roll call. MS. WALDRON: Good morning. Mr. Gerald Lefebvre? CHAIRMAN LEFEBVRE: Here. MS. WALDRON: Mr. Kenneth Kelly? MR. KELLY: Here. MS. WALDRON: Mr. Robert Kaufman? MR. KAUFMAN: Here. MS. WALDRON: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. WALDRON: Mr. James Lavinski? MR. LAVINSKI: Here. MS. WALDRON: Mr. Heriminio Ortega? MR. ORTEGA: Here. MS. WALDRON: Mr. Nicolas Hemes? MR. HEMES: Here. MS. WALDRON: Mr. Edward Larsen has an excused absence Page 2 16I I June 25, 2009 and Mr. Larry Dean also has an excused a sence. CHAIRMAN LEFEBVRE: Since we have two regular members that are not present and have excused absences, the two alternates will be full voting members today. And I know there's quite a few changes to the agenda, so if you could just run through them. And if you go slowly so we can make our changes. MS. WALDRON: Under item number four, public hearing/motions, letter A, we have a motion for rehearing. This is Case CESD20080008804, BCC versus James P. Guerrero. Also under motions, we have a motion for extension of time. This will be Case CESD20080005775 versus Sara Barrera. Also under motions, we have a motion for continuance, which will be under old business Item 5.A.6, BCC versus Carlos Perez, Case 2007080099. And we have some stipulations. Item C.2 under hearings has been stipulated, BCC versus Daniel Herrera, CESD20080002499: Item C.3, BCC versus Reynaldo Cortez, Jr., Case CESD20080008613. Item C.4 under hearings; BCC versus Gentilhomme and Jean Saurel Louissaint, Case CESD2008001.4978. Item C.5 under hearings; BCC versus Catalina Calderon Estate, Dimas Ofelia and Jorge Calderon, Case 2007110455. And item number C.1 under hearings, BCC versus Alberto E. Franco and Juana Leon, Case CESD20080012107. Under hearings: Item C.6, BCC versus Martha Erebia, 2007100673 is being withdrawn by the county. And we also have an emergency case we would like to add, it will be item number C.7, it's BCC versus Michael Doty -and_Marcia Doty, CEPM20090010461. CHAIRMAN LEFEBVRE: Those all the changes? MS. WALDRON: (Nods head affirmatively.) Page 3 June � 5, 2iia9 '" CHAIRMAN LEFEBVRE: Do I hear a motion? - MR. UESPERANCE: Move that we accept the changes as proffered. MR. KELLY: Second. CHAIRMAN LEFEBVRE: Any discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) 4- ;CHAIRMAN LEFEBVRE: - Madan passes. The approval of the minutes for last meeting, May 28th, 2009 hearing. Do I hear a motion? MR. KAUFMAN: I'd like to make a motion that we accept the minutes from the last meeting. CHAIRMAN LEFEBVRE: Do I hear a second? MR. HEMES: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. CHAIRMAN LEFEBVRE: Aye. MR:_ HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. Page 4 161 5, 2 09 ►� CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes -- MR. KELLY: Abstained. I didn't get a copy of them, so I didn't actually read them. MS. WALDRON: Okay. CHAIRMAN LEFEBVRE: And Mr. Kelly has abstained. We're going to move on to public hearings. Motion for rehearing: James P. Guerrero. Sir, you can go to your left right over here. (Speakers were duly sworn.) THE COURT REPORTER: May I have your name, please? MR. GUERRERO: James Guerrero. G- U- E- R- R- E -R -O. MR. LEFEBVRE: Good morning, sir. MR. GUERRERO: Good morning. CHAIRMAN LEFEBVRE: If you could state why you would like to -have a rehearing:¢ MR. GUERRERO: First of all, thank you for letting me have a rehearing. I'm sorry I wasn't here for the last one. I think there was a misunderstanding on the request for a continuance. And it may be my written language. But when I referred to property, I meant the manufactured building, which is the subject of the whole code of enforcement here. And this is the building that I want to sell. As you know, I've already stated currently not being used, it's not permitted, it's just there for storage. And I need time to sell that building. And I'm asking for 180 days. I believe I can do it, but I just need more time. I'm running against a wall in this economic situation right now. - And- I'm self - employed. And I'm in construction. And-I'm trying to survive. So I just need the time to do that. And I believe I can and take care of this problem. It is secured and it has a lock, it has a fence. And I keep it Page 5 161 1 ,�{� June 25, 2009 w secured and I look at it -every day. And T make sure that there's nobody in there. And it's not -- it never has been habited. So I'm very concerned about that. And security. And I try to do my best to maintain that. That's the reason why I'm here. But I think the main thing -is the misunderstanding of the language in the request for the continuance. I'm not trying to sell the property, the 20 acres, I'm just trying to sell the manufactured building right now, and need time to do that. CHAIRMAN LEFEBVRE: Are you looking for a rehearing of the case or are you looking for an extension of time? MR. GUERRERO: Well, I believe the extension of time was denied or rejected. And so this rehearing I would hope would hear my evidence as to why I do need the request for continuance. CHAIRMAN LEFEBVRE: Can we rehear a case -- I thought it was 30 days that we have to rehear a case; is that correct? And we heard this case back in January, January 22nd. MS. ASHTON- CICKO: Well, I think under your rules -, if ya-u determine to the extent you want to grant a rehearing, you can either schedule a hearing and discuss the extension and amending your previous order that you entered last month, or I think you can do that today, if you want to modify or reverse your prior order without further evidence. CHAIRMAN LEFEBVRE: Does the board have any questions of the respondent? MR. ORTEGA: I do. The manufactured building is secured, as you displayed on the picture, it has a fence around it. But how is it secured from weather? MR. GUERRERO: From weather? MR. ORTEGA: From weather. Tie -downs, et cetera: MR. GUERRERO: It is anchored down. I mean, it was set it place. I had it anchored in place, according to code requirements for a manufactured building. The idea was to try to permit it, but we ran out Page 6 16 �25, 209 of capitol -to do `that, so we left it as storage. This is -- by the way, I have plans to do a site development plan in the 20 acres. CHAIRMAN LEFEBVRE: I'd like to try to keep this testimony to why you would like a-rehearing or to amend. It sounds like you'd want to amend your -- or our order to extend the time, basically. So I'd like to keep any questions directed towards that, if we are going to rehear it. So you're not asking to rehear the case, per se, but you're asking to voice why you want 180 days versus what the order currently states. I think it says you're supposed to have it either corrected or demolished by April 22nd. So you're looking to extend that time? MR. GUERRERO: Yes, sir. CHAIRMAN LEFEBVRE: Any other questions? MR. L'ESPERANCE: Mr. Chairman, could I ask of the recommendations from the county, please? .. _ . CHAIRMAN LEFEB RE: Absalutely. MS. PEREZ: The County has no objection. CHAIRMAN LEFEBVRE: To what time period? MS. PEREZ: To the 180 days. CHAIRMAN LEFEBVRE: From today or from April? MS. PEREZ: It would be from today's hearing. CHAIRMAN LEFEBVRE: Today's hearing. MR. KAUFMAN: I have one question. What have you done since -- in the last two or three months to accelerate the activity as far as sales of the unit are concerned? What's going to change now going forward versus the past? MR. GUERRERO: Several things are in play right now. I've _.. _advertised it in EBay for sale, one.. I'm-puning. it on:lhe market with direct marketing for construction companies to take over a building of this type, which I believe they would want to use, at a reduced price. And so I'm making strict efforts to try to sell it. Page 7 161 1� June 25, 2009 CHAIRMAN LEFEBVRE:- The board has given you an option to demolish it, so I don't understand. MR. GUERRERO: An option. That's an option, too, to, you know, just to donate it to some organization that could use it. Because it is a brand new building-, -it's never been used, and I'm sure it would be useful. CHAIRMAN LEFEBVRE: Okay. MR. GUERRERO: A school could take over it, you know, something -- CHAIRMAN LEFEBVRE: You had roughly, if I'm not mistaken, three months from January to try to do that, and now we're here in June. The sale of the unit has not transpired in basically five months now. I don't know if it's going to transpire in the next six months. If the efforts that you've done, from what you told us, are going to be successful, they haven't been in the past five months. MR. GUERRERO: True. True. And the problem is this economic wall-that 1'veTurr into. it seems like everycours-e ofaction I_ take doesn't lead to any success. So I was -- I was also trying to make it a residential building to live in. But our income is so low we don't -- we have to declare some sort of deferral of impact fees, but I understand the impact fee funds have run out. So I'm just in a Catch -22. And -- but I have to do something. MR. KELLY: I have a question of the county. Cristina, is there anything at the county that you know of at CDES that would allow for temporary storage of a mobile home or structure such as this? MS. PEREZ: I couldn't say. I know that Mr. Guerrero did attempt to submit for a permit, and he -- it was denied because of the commercial plans. But I wouldn't know; MR. KELLY: Because it sounds like it's more of a temporary use construction trailer than a mobile home. MS. PEREZ: He was trying to incorporate the mobile home in a ;6 e�zs, �oo� site development plan;_­ which was another step that he was trying to take to try to abate the violation by permitting it through an SDP. But, you know, SDP's are lengthy. MR. KELLY: Right. Thank you, Cristina. I have one, more question for our attorney. If we were to grant the extension, that would then change the original order, correct? MS. ASHTON- CICKO: Correct. You'd actually be amending two orders: One is your order where you found the violation, because you gave him until April 22nd to abate. So you'd have to extend that 180 days, if that's what you choose. And then we've already entered an order imposing fines, so that would have to abate the fines and reinstitute the fines once he -- if he fails to comply. MR. KELLY: Well, here's a point, just a procedural issue. Article 5 of our rules and regs, subsection six states that once we amend fines we can't re -abate or adjust or anything down the road. So .1. what happens ff 180 days from- now we get into a -situation where y we're back here again? We'd have no way to impose fines, to abate them, to change them, to do anything. MS. ASHTON-CICKO: What you could do is just enter a stay as to that order and then make your decision in the future. MR. KELLY: Okay, very good. Thank you. MR. L'ESPERANCE: Mr. Chairman, one further question of the county. Are there any health, safety or welfare issues that are negative upon the community if we do request and enter a stay for this order? MS. PEREZ: It is an isolated property, 20 acres. The nearest occupied home from there is, I would say, at least an additional 20 acres, you know, from his property:. And he is correct, it is a secured property. He does have a fence around the entire property. And every time I have gone there, the gate has remained locked. Page 9 ; MR. UESPERANCE: Thank you. MR. KAUFMAN: I have one question. Are we talking -- are you asking to extend this from April for 180 dates or from today for 180 days? CHAIRMAN LEFEBVRE: Today. MR. GUERRERO: If it would please the board, I'm asking to extend from today 180 days. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KELLY: I'll make a motion that we grant an extension of 180 days from the date of today. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: I second. MR. UESPERANCE: Mr. Chairman, should we grant the motion to extend, or do we stay as our attorney recommended to us? Is there a difference? MR. KELLY: Would that be a second motion then to stay the - -other or -der to impose the fien; t , e - nom? - _ x777 .,s� = - MS. ASHTON- CICKO: That would be appropriate. MR. KELLY: Yeah, that would be a separate motion. MR. UESPERANCE: Thank you. CHAIRMAN LEFEBVRE: Okay, I heard a second. Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE ,Aye.- MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? Page 10 1b! 1 June 25, 2009 (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KELLY: I'll make a second motion to stay the imposition of fines on the case dated and ordered June 3rd, 2009. MS. ASHTON-CICKO: So procedurally, the way that, would operate is that there'd be a stay, but if he fails to meet the 180 days, then the whole entire thing is due. Nothing's been relieved at that point. CHAIRMAN LEFEBVRE: So we would go back to the April date, correct? The fines -- MS. ASHTON- CICKO: No, no -- yeah, it would go back to the April 23rd date. So all the fines -- CHAIRMAN LEFEBVRE: The clock would start ticking at that point. MS. ASHTON- CICKO: Uh -huh. CHAIRMAN LEFEBVRE: Do you understand that? m, MR. GUERRERGA understand. MR. HEMES: I'll second the motion. CHAIRMAN LEFEBVRE: Any discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. GUERRERO: Thank you, gentlemen. Page 11 V I i Of June 25, 2009 CHAIRMAN LEFEBVRE: You have 180 days from today `to either remove it or sell it, which would be removing it. MR. GUERRERO: I understand. Thank you, gentlemen. CHAIRMAN LEFEBVRE: Thank you. MS:,PEREZ: Thank you. CHAIRMAN LEFEBVRE: We're going to move on to the next case which would be a motion for extension of time. Sara Barrera. (Speakers were duly sworn.) THE COURT REPORTER: May I have your name, please? MS. BARRERA: Sara Barrera. MS. VALLADARES: Elmara Valladares. V- A- L- L- A- D- A -R -E -S . CHAIRMAN LEFEBVRE: Okay, and you're looking for an extension of time? MS. VALLADARES: Yes. CHAIRMAN LEFEBVRE: Can you explain why you're looking -for an extension of time? = - MS. VALLADARES: Well, I guess because we haven't gotten a response from the -- CHAIRMAN LEFEBVRE: The variance? MS. VALLADARES: -- when we submitted the variance. case? CHAIRMAN LEFEBVRE: When did you submit that? MS. VALLADARES: May I st of '09. CHAIRMAN LEFEBVRE: When was -- when did we hear this MS. WALDRON: February 26th. CHAIRMAN LEFEBVRE: And when was the violation supposed to be corrected? MS. RODRI.C— TU-EZ. By June 29th. MS. WALDRON: June 27th. CHAIRMAN LEFEBVRE: June 27th, okay. How long do you think it will take to get the variance, to receive Page 12 16I 1 June 25,'2009 the variance? MS. VALLADARES: I don't know. It's up to, you know, the county. CHAIRMAN LEFEBVRE: Any other questions of the board? MR UESPERANCE: What does the county feel the timeline might be? MS. RODRIGUEZ: She has a form or letter from the zoning department that states that they're not going to review it until November. CHAIRMAN LEFEBVRE: Okay. MS. RODRIGUEZ: I have a copy -- CHAIRMAN LEFEBVRE: Is that when the board -- I think I did see a letter. That's when the board is actually going to -- MS. RODRIGUEZ: Look at her. CHAIRMAN LEFEBVRE: -- bring it to vote, I guess. MS. RODRIGUEZ: Yes. - CHAIRMAN LEFEBVRE: Okay-, I'm looking at a letter here: The hearing date will be October 1 st, and then on the 24th of November it will be going in front of the county commissioners. Now, did she submit the variance in the time frame that she was supposed to? I'm just trying to think what our order said and to see if she's been following through in a timely manner. Because it obviously could -- MS. RODRIGUEZ: She filed the variance in March. CHAIRMAN LEFEBVRE: She said May. MS. RODRIGUEZ: Yeah, but it went in in March, I believe. I didn't make a copy of it, but she filed it in March. I don't know if she took all the paperwork in and if she was actually supposed to take more back.:-Because that`s through the zoning department- But when I -- when she asked for the extension, I told her go ahead and get the letter from the zoning department to find out how long it's going to take, because I don't have an idea. She didn't have an Page 13 161 .) June 5 Z�o9 tu idea. CHAIRMAN LEFEBVRE: But the question I'm asking is, we gave her a time frame to go ahead and get the -- to rectify the situation. And I'm wondering, did she -- has she been diligent in trying -to- correct? MS. RODRIGUEZ: Yes. CHAIRMAN LEFEBVRE: Okay. Go ahead. MR. KELLY: A quick question about the actual situation, just to refresh our memories to see where we stand. This was a master bedroom that was converted from non - living space to living space; is that correct? MS. VALLADARES: Uh -huh, it was a garage. MR. KELLY: Okay. In the original order it stated that we'd like you to cease use of that garage as a living area. And we'd like -- since there hasn't been any inspections, we'd like to see power cut and so forth.-­­ Has that been followed through with? Is there anybody living in there and have you turned off the breaker to the garage? MS. VALLADARES: Yes. MS. BARRERA: Yes. CHAIRMAN LEFEBVRE: Any other questions of the board? (No response.) CHAIRMAN LEFEBVRE: What time period are you looking for, for an extension of time? To our December -- do we have a meeting? We might not have a meeting in December. So when is our November meeting? Is it before the 24th? MS. WALDRON: It's before the Thanksgiving holiday, I believe;. MR. KELLY: If I may, I'd like to give them -- if the board decides to grant a little extension, I'd rather give them a little more time so they can get their inspections in after the variance -- Page 14 1 Punel 2 5 9 t 09 h CHAIRMAN LEFEBVRE: So it would be January,Ofobably. MR. KELLY: Right. CHAIRMAN LEFEBVRE: Because I don't think we have a December -- usually we don't have a December meeting, so it would be January. _. I .. Would the county be opposed to putting this off until January, extending the time? MS. RODRIGUEZ: We have no objection. CHAIRMAN LEFEBVRE: Okay. MR. KAUFMAN: I have one point. Should the County Commissioners deny the variance, are you going to be able to live up to what is then required, which is to convert the space probably back to its original use? MS. VALLADARES: Yes. MR. KAUFMAN: Because the county can go either way obviously on the variance. Okay. CHAIRMAN LEFEBVRE: So we have to take into consideration that January -- it's basically two months that they would have to have to pull a demo permit and so forth. Go ahead, Mr. Kelly. MR. KELLY: I was going to -- I didn't want to cut you off, I just wanted to see if I could take a stab at a motion. I make a motion that we extend the original order time frame from 120 days to 365 days. That would place their new order on February 26th, 2010, which gives them about two months in the new year to take care of whatever permits or changes necessary. MS. VALLADARES: We appreciate it. CHAIRMAN LEFEBVRE: So that's a motion. Do I hear a second? MR. HEMES: February the 25th. Because the fourth Thursday in the month. CHAIRMAN LEFEBVRE: We're just giving them 360 (sic) Page 15 l.h� 2s, �oa b days, not up to the next meeting -- or to the January 'or February meeting. MR. ORTEGA: I have a question. CHAIRMAN LEFEBVRE: Sure. MR. ORTEGA: Is this a single - family residence? MS. VALLADARES: Uh -huh. MR. ORTEGA: Why was a variance petitioned? MR. KELLY: Is it a setback issue or are you too close to a property line? A garage? MR. ORTEGA: Did the garage exist? MS. VALLADARES: I think so. That's what they said. CHAIRMAN LEFEBVRE: I have a first, do I have a second? MR. KAUFMAN: I'll second it. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? a MR. ORTEGA: Aye: MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. VALLADARES: Thank you very much. CHAIRMAN LEFEBVRE: So you have 360 (sic) days to rectify .the. situation, either through a variance processor--".-"..,,, MR. KELLY: 365. CHAIRMAN LEFEBVRE: 365, is that what you're saying? MR. KELLY: One year is basically what I said. Page 16 1 1 �Q une 25,kO9 CHAIRMAN LEFEBVRE: Sorry, one year, 365 days. And if you do not get a variance, then you will have to get a demo permit and return it to its original state. MR. KELLY: Also, if I might comment, thank you very much for coming to us prior to the order coming -upon date. MS. VALLADARES: Thank you. CHAIRMAN LEFEBVRE: Thank you very much. Good luck. MS. ASHTON- CICKO: Is that one year from today? For clarification. MR. KELLY: Yes, ma'am -- one year from the original order, I'm sorry. From the original order. MR. KAUFMAN: 25th of February. MR. KELLY: The date of the meeting was -- MS. ASHTON- CICKO: From the date of the original order, from February 26th? MR. KELLY: Correct. MS. ASHTON- CICKO: Okay, thank you. = CHAIRMAN LEFEBVRE: Just make sure the respondents know, okay? Jen? Make sure that the respondents know that it's one year from the previous hearing, which I think I was clear on, but just make sure. MR. KELLY: I didn't want it to be confusing. That's why I stated the date that it would actually come up. CHAIRMAN LEFEBVRE: The next will be, if I'm not mistaken, a motion for continuance. Will be Carlos Perez. (Speakers were duly sworn.) MR. GODDY: Good morning. Craig Goddy, on behalf of the Respondent Carlos Perez. We had sent in a motion for continuance. We were recenxl:y, retained, last week actually, to come in and help rectify the situation. I don't have a ton of factual issues on the case. What I can tell you is we do have the architect scheduled to go out to the property, Page 17 X6e 1 � p 2i,� 09 take a look at the property,' recommend different -- basically whatever's going to be the cheapest financial way to take care of the problem. As a result, we've requested -- my original motion to the board, I had requested 30 to 60 days. Ninety may be more appropriate, just based on the architect's schedule and the construction schedule, whatever's going to need to be done. And that's the motion I'd like to make is just request a 90 -day continuance of the hearing for the imposition of the fines. CHAIRMAN LEFEBVRE: This case is back from 2007 is when it was originally opened. When did we hear this case? MR. SNOW: August 22nd, sir. CHAIRMAN LEFEBVRE: Of -- last year? MR. SNOW: Of'08, yes, sir. CHAIRMAN LEFEBVRE: And how much time -- if you refresh my memory, or our memory on what the case was and what time frames we gave to correct. ._ MR. SNOW: Sir, initially it was given a 30 -day time frame because of the length of the case. Shortly after the board gave this time frame, the economy went exactly where it is right now. And Mr. Perez has been diligent in trying to get things accomplished. He just hasn't been fiscally able. CHAIRMAN LEFEBVRE: What's the violation? MR. SNOW: It was work done in adjoining suites in an industrial condo. So he removed some walls and added some things. CHAIRMAN LEFEBVRE: Any other questions of the board? MR. KAUFMAN: I'd like to ask what the county feels towards that motion. W 4 MR. SNOW: I think-the motion is acceptable- as-long:.as we have some guidelines and that the board -- that we're going to see progress. If we don't see progress, then we're going to end up back here again. And we just need to see progress. And I think hiring the Page 18 16 1 14 June 25, 2009'" � attorney to take care of this and hiring an architect to take care of this I think shows progress and a willingness to comply. MR. KAUFMAN: The fines continue to accrue even with the continuance? MR. SNOW: Yes, sir. They van come back and ask to abate them at a later date, but the violation's not abated so we can't do anything about that. CHAIRMAN LEFEBVRE: Do you feel 90 days -- I guess this is to the respondent -- 90 days is the time necessary, you can get it done in that time to get the architectural -- I guess renderings have to be done, is that correct, and then submit -- MR. GODDY: Well, just also as a little background, the units themselves are the subject of a lawsuit that's a year old now that essentially -- not essentially, it has to do with the ability of Mr. Perez to conduct a business out of there. And frankly, if Mr. Perez loses, the association -- one of the claims was for indemnity and rescission of the building - contract. -If Mr. Perez loses that lawsuit, the ownership will revert back to the condominium association. However, it's his intention to have this -- he doesn't intend to lose, obviously, and I don't believe he will, I believe a settlement will be worked out. It's also possible that correcting this problem will be part of the settlement. That's one of the things we've been working towards. I believe 90 days is enough to get it taken care of. And I think he's working towards that, irrespective of what's going on with the lawsuit. And I think business -wise he's going to be able to do that. That's what my client's -- -.CHAIRMAN LEFEBVRE: Is there °a. date .for ynu to go in front of a judge for this case? Are you in mediation with the parties now? I mean, it sounds like this is an issue that you have to work in conjunction with the courts, and obviously we know the speed of the Page 19 16I 1 � June 25, 2009 courts. MR. GODDY: We have had mediation already. The notice for trial is probably coming as soon as I get back to the office. So it's going to be resolved probably one way or the other within the next three months. CHAIRMAN LEFEBVRE: Any other questions? MR. KELLY: I just have a comment to the board, if you're closing public discussion.. CHAIRMAN LEFEBVRE: Sure. MR. KELLY: My personal feeling is, looking at this case under imposition of fines, I wouldn't see this any different as if the respondent showed up today, the day that he was about to be fined, and saying hey, can you give me more time. If he's not in compliance, we typically don't grant time, we'll go ahead and continue to impose the fines. And then if it's rectified and we see diligence, then we may reduce or abate at that time. - - , .. --But since there's already-been -a -continuance granted -in this case and it is so old, I'm not really inclined to grant any further time or a continuance on the imposition of fines. MR. SNOW: Just for some information, I know we're closed to public hearing, but once you impose fines they can't come back and ask to abate. Once you impose those fines, then the next thing after that is 30 days or 90 days after that it goes into foreclosure. So I would rather see compliance first and then we can impose or abate or do whatever the board decides to do. But once you impose those fines-- CHAIRMAN LEFEBVRE: Well, what we could do is we could withdraw this from imposition of fines and then they can come back to We can put it back on the agenda-in. 90 . days, correct? MS. WALDRON: (Nods head affirmatively.) MR. KAUFMAN: During such time the fines will continue to accrue. Page 20 1 bz�, zoa�i b� MR. KELLY: Absolutely. CHAIRMAN LEFEBVRE: Yes. Do you want to make a motion? MR. KELLY: I believe county would have to withdraw it, right? MS. WALDRON:- Yeah,' we can do that. We can withdraw. MR. KELLY: It sounds -- you make perfect sense, Supervisor Snow, in your comments. That you're right, it would limit them to 30 days thereafter to file motions. I agree with you there. I would really like to see county just withdraw it, if that's your position. MR. SNOW: We have no objection what the board wants to do. MS. WALDRON: Yeah, the county will withdraw this case and bring it back at a future date. MR. KELLY: Great. Thank you. CHAIRMAN LEFEBVRE: Do you understand that the fines still are running on it? MR. GODDY: Understood � - MR. SNOW: Thank the board for its patience. CHAIRMAN LEFEBVRE: Thank you. We now are going to move on to stipulations. First one is BCC versus Daniel Herrera, CEB number CESD20080002499. (Speakers were duly sworn.) MS. RODRIGUEZ: For the record, Investigator Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20080002499, dealing with violations of an unpermitted dwelling unit located at 1307 Orange Street, Immokalee, Florida, 34142. Folio No. 30732360004. Service was given on February 26th of 2008. The undersigned, Daniel H=errera,.:on behalf.of himself, enters into the stipulation and agreement with Collier County as to the resolution of notice of violation in reference to Case No. CESD20080002499, dated the 26th day of February, 2008. Page 21 4e'25, A09 b It is agreed between the parties that the respondent shall pay . operational costs in the amount of $87 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by applying for and obtaining a Collier County building permit or demolition permit, and request required inspections to be performed and passed through a certificate of completion within 90 days of this hearing or a fine of $100 per day will be imposed. The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN LEFEBVRE: Do you understand? MR. HERRERA: Yes, sir. —CHAIRMAN LEI B-VRE: And if you can state your name for - the record, please. MR. HERRERA: Daniel Herrera. CHAIRMAN LEFEBVRE: Thank you. Any questions from the board? MR. KELLY: I have a question. CHAIRMAN LEFEBVRE: Sure. MR. KELLY: Mr. Herrera, in this agreement that you signed, you have two options: One, to get a building permit, to get the structure as it is, C.O.'d, or a certificate of occupancy, as a guesthouse, or to demolish it. Do you have any personal feelings of which way you want to go? MR. HERRERA: I want to get it for demolition. MR. KELLY: Just going to demolish it. MR. HERRERA: I already got -- today I'm supposed to pick up Page 22 ln§ 215 9 2 Ok b the - permit, but I just need an extension to finish the job. MR. KELLY: And you think 90 days would be enough for you to handle it? MR. HERRERA: Yeah, I think so. CHAIRMAN LEFEBVRE: Any further questions from the board? (No response.) MR. KAUFMAN: I'd like to make a motion that we accept the stipulation as written. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR L'ESPERANCE:. Aye: MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Thank you. The next stipulation will be BCC versus Catalina Calderon Estate, Dimas Ofelia and Jorge Calderon, CEB No. 2007110455. (Speakers were duly sworn.) THE COURT REPORTER: May I have your names, please. MS. DIMAS: Ofelia Dimas. MR. CALDERON: Jorge Calderon. MR. SNOW: This,:is: a- stipulation agreement that has been reached between the respondents and the county. The violations are noted in the referenced notice of violation is accurate and I stipulate to their existence. Page 23 June i 25, 2109 It is therefore agreed between the parties that the respondents shall pay operational costs in the amount of $87.71 incurred in the prosecution of this case within 30 days of the hearing and abate all violations by: Respondent must obtain a Collier County building permit, inspections--for his or her property located at 305 Wells- street, Immokalee, Florida, 34142, and a certificate of completion within 90 days of the hearing, or pay a fine of $200 per day will be imposed until the violation is abated; or obtain a Collier County demolition permit, inspections and a certificate of completion within 90 days of the hearing or a fine of $200 a day will be imposed until the violation is abated. If the respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. The respondent must notify the code enforcement investigator within 24 hours of abatement of the violation and request the investigator to perform-a site-inspection of compliance. _a And four is the same as the statement we just read. CHAIRMAN LEFEBVRE: In number two, the third to last line, if the respondent, and then there's a typo there, but I just wanted to make sure it's clear, fails to abate. MR. SNOW: Yes, sir, fails. CHAIRMAN LEFEBVRE: Yes, I just want to make sure that that's very clear, that it's "fails ". MR. SNOW: And just for the record for the board, since this case is so old, I have talked to the respondents, and I want this on the record, that if they reach 60 days and sufficient progress hasn't been made for them that they request in writing to come before the board again and ask for an extension--,oftime,- -rather than expiring and then coming and asking for extension after your time frame has expired. CHAIRMAN LEFEBVRE: Do you want to put that in the order? Page 24 lfPnl 25, log b MR: SNOW: No, sir, I just want that on the record. CHAIRMAN LEFEBVRE: I don't know how the board feels about that. Anything that we're going to have them require to do, I'd like to see as an order or in the order, so they're very clear on what they need to f do. That's my -- MR. SNOW: Mr. Chair, I've discussed it with them. I just wanted to make the board aware of that comment. It doesn't -- I don't think it needs to be in there. I think they know. MR. KELLY: If it's just a suggestion -- MR. SNOW: Yes, sir. MR. KELLY: -- yeah, then that's fine. We'll note it for the record. Thank you. CHAIRMAN LEFEBVRE: Any discussion of the board or questions? (No response.) MR. KELLY: Just the same as the last case, do you feel as though 90 days is enough time- to- take care of this issue? MS. DIMAS: We don't exactly know, sir, if 90 days is going to be enough time. We're going to try to comply with it. We are thinking of demolishing it. MR. KELLY: Because you know if you go past 90 days without letting us know or getting an extension, it's $200 a day as a fine. MS. DIMAS: Yes, Mr. Snow has explained it to us. And we'll do our very best to do it. MR. KELLY: Thank you. CHAIRMAN LEFEBVRE: What's going to be needed to be required? Is there going to be engineering done and so forth? MR. SNOW: I don't believe the structure is permittable, sir. We just-had to give them that .-option: ,They've already applied for the y.. demo permit. I talked to Mrs. Calderon this morning. I believe that they've already submitted. I talked to her son who does all the work on the properties. And I just want definitive time frames about what we Page 25 16 1 10� June 251) 2009 want accomplished. I don't want -it extended farther than that. CHAIRMAN LEFEBVRE: Okay. So you think 90 days? MR. SNOW: Yes, sir. At the beginning. If they need an extension, they can always ask. CHAIRMAN LEFEBVRE: Okay. Any further questions from the board? MR. KAUFMAN: I'd like to make a motion that we accept the stipulation as written. MR. LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. _.. MR. HEMES : Aye MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. CALDERON: Thank you very much. CHAIRMAN LEFEBVRE: Thank you. Have a good day. Next case will be -- MS. WALDRON: Can we go back? We skipped a couple on the stipulation list. It would be Item .C:3,-R:enaldo Cortez. CHAIRMAN LEFEBVRE: Okay. Well, yeah, I mean stipulated agreements, yes, that's what I meant. Yeah. BCC versus Reynaldo Cortez, Jr., CEB No. CESD20080008613. Page 26 161 10 June 25, 2009 (Speakers were duly sworn.) THE COURT REPORTER: May I have your names, please. MR. CORTEZ: Reynaldo Cortez, Jr. MRS. CORTEZ: Francesca Cortez, his mom. MS. RODRIGUEZ: For the record, Investigator Maria Rodriguez. This is in reference to Case No. CESD20080008613, dealing with violations of an unpermitted structure being utilized as living space on property that is zoned vacant residential. No permits obtained as required by Collier County Land Development Code. Located at 21' ) Jefferson Avenue. Folio No. 63 861040000. Service was given on May 27th, 2009. The undersigned, Reynaldo Cortez, Jr., on behalf of himself, enters into the stipulation and agreement with Collier County as to the resolution of notices of violation in reference to Case No. CESD20082008613, dated the 27th day of May, 2009. Therefore, it is agreed between parties that the respondent shall pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. Must apply for and obtain all required permits for building/structure within 30 days of this hearing or a fine of $200 per day will be imposed until the permit is obtained, and request required inspections to be performed and pass and obtain a certificate of occupancy within 60 days of permit issuance, or a fine of 200 per day will be imposed. Or apply for and obtain a Collier County demolition permit and remove said building/structure from the property and dispose of debris to a site suitable for such disposal, and obtain necessary inspections and certificates of completion within 90 days of the hearing or a fine of $200 per day: will: be imposed., The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. Page 27 16 I 1 June 25, 2009 That if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN LEFEBVRE: I just have some questions regarding number two. States that permits have to be applied for, let me see, applied for and obtained. Apply for and obtain all permits within 30 days. And then you have 60 days after you get the permit. Now, the demolition permit, you basically have 90 days from the date of this hearing. What happens if we go beyond -- they go beyond the time periods for trying to get the permits, the time period for the demolition starts to kick in? MS. RODRIGUEZ: They've already applied for the permits. And it's been ready for a while. They just haven't got it -- haven't paid for it to get it yet, so -- I mean, it's already ready. All they have to do is pay for it to get the permit. CHAIRMAN LEFEBVRE: -So you can eliminate apply - =for and obtain and just put in there must -- we can put in a time period of 60 days, basically. Because there's not a waiting period for permits at this point. So they can agree to 60 days from today to get the permits -- to get the work done. I'd like to try to simplify it. And then if that's not obtainable, which it sounds like it is, I don't know what the -- MR. KELLY: If I may, is it more or less an issue that you're giving them 30 days to get up the funds to pick up those permits? MS. RODRIGUEZ: Yeah. MR. KELLY: And my question is, is there a health or safety issue involved? MS. RODRIGUEZ: No, it's -- no one's living in it. MR. KELLY Ok-ay, good. I'm okay with the languagey.: MR. HEMES: I have a question. What is the cost of these permits? MS. RODRIGUEZ: It's almost $17,000. 161 l�c� June 25, 2009 CHAIRMAN LEFEBVRE: Just for the permits? Is that the impact fees and everything? MS. RODRIGUEZ: (Nods head affirmatively.) MR. ORTEGA: I have a question. CHAIRMAN LEFEBVRE: Sure. MR. ORTEGA: Have they spoken to impact fees (sic) to see if they can reduce the impact fees? MS. RODRIGUEZ: It was reduced. Originally it was 24,000. MRS. CORTEZ: Yeah. MS. RODRIGUEZ: So they reduced it to almost 17,000. CHAIRMAN LEFEBVRE: Is 30 days realistic for you to -- do you have the funds? MRS. CORTEZ: Well, right now we got a letter from the bank that he was approved for a loan. And I think we're going to get it Monday. MR. CORTEZ: They said they was going to be closed on Monday;-,;so: I got the letter right hers .. .. CHAIRMAN LEFEBVRE: Well, the problem is, if you submit that to us as evidence, then we have to keep it. We have to enter it into record. So -- MR. KAUFMAN: I have one question. Is that a letter that says that you're qualified for the loan or the loan has been granted? MR. CORTEZ: It says that we have been approved. Can I show you? MR. KAUFMAN: There's different language. MS. WALDRON: We can make copies of it. CHAIRMAN LEFEBVRE: Can you? MS. WALDRON: Yeah, if you want to admit it into evidence. wMRS. CORTEZ: Is there any way that we can get: about. 90- days:-,_--., . to close the whole thing? CHAIRMAN LEFEBVRE: Well, you actually do have 90 days, because you have 3 0 days to get the permit and then another 60 days 16 1 1 p� June 25, 2009 to comp ete the work. MRS. CORTEZ: Okay. CHAIRMAN LEFEBVRE: All right? MRS. CORTEZ: Yes. CHAIRMAN LEFEBVRE: So just hypothetically, if you go to pick up the permit next week, you have 60 days from when you on -- from the way I read this, you have 60 days from when you pick up the permit to complete the work to get the certificate of occupancy, get all inspections done. MRS. CORTEZ: Okay. CHAIRMAN LEFEBVRE: I think we're waiting to get some copies so we can submit it into evidence. And let's see what that letter looks like, and then we'll go from there. Any other questions of the board? MR. ORTEGA: I have a question. Is this a manufactured home? Was this a home that's already built MRS. CORTEZ: It was already built when we bought it. MR. ORTEGA: So this is a permit by affidavit? MRS. CORTEZ: I think so. MR. ORTEGA: So in other words, is the home in compliance as we speak, or are there modifications that need to be made in order to be in compliance with the current code? MRS. CORTEZ: Actually, they told us that we needed an inspector to go and look at it and see -- to see what was wrong with it before we put people in it. MR. ORTEGA: The permit by affidavit, once submitted, basically it's inspected by an engineer, if that's the case. Typically there's going-.to be modifications that are going to b-e xequired:: Y The point is, is 60 days to do the work going to really be enough, depending -- I don't know the scope of the work, so I'm not sure that's going to be enough. Page 30 16 �5, Zo� � June CHAIRMAN LEFEBVRE: What's the permit for? MS. RODRIGUEZ: It's for a single - family home. CHAIRMAN LEFEBVRE: But it doesn't say like if work has to be done, let's say. It just says go and get a C.O., or -- MR. KELLY: If I may, I believe it's every inspection from site all the way up to final, everything. It's a home that was built without permits. MRS. CORTEZ: Actually, it was built there when we bought the property. CHAIRMAN LEFEBVRE: Right, but at some point it was built and it was never -- do you know if there's any inspections that have been done on this house and it just never got a C.O., a certificate of occupancy? MRS. CORTEZ: I don't know. MS. RODRIGUEZ: There's no permits for that construction. CHAIRMAN LEFEBVRE: There's no permits whatsoever. Okay. MR. ORTEGA: What's going to happen is that regardless, the structure is there and it's in compliance. What was submitted to the county doesn't necessarily mean it reflects what's on the field. The first -- my first question would be the elevation. Would the elevation be in according to the LDC 18 inches above the crown of the road, if it's a paved road, 24 if it's an unpaved road. Those are the first questions. Because again, whatever's submitted may not be reflective of what's there, and then all this is redundant. MR. KAUFMAN: Is there electricity in the house right now? MRS. CORTEZ: Yes. MR. CORTEZ: Yes. 'KAUFMAN: There's electricity and there`s,.a septic. ?. MRS. CORTEZ: Yes, it's got the sewer in it. MR. KAUFMAN: Just to follow along your point, because that's another inspection, the elevation of the septic, et cetera, et cetera. It Page 31 161 1�j4 June 25, 2009 certainly requires quite a bit of time to -do that, I agree with you. MR. ORTEGA: But how would you acquire power without a permit? I'm sure FP &L was cognizant of that. MR. KAUFMAN: I'm not so sure. MR. KELLY: LCEC out there. Yeah, my concern is what happens if you get into a situation where -- you said the elevation isn't right. Now the structure isn't -- I mean, they won't allow it unless you get a variance. MR. ORTEGA: Right. CHAIRMAN LEFEBVRE: Well, there's a letter that they would like to submit as evidence. So do I hear a motion to accept that letter? MR. KAUFMAN: I'd like to make that motion to accept the letter. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. MR. HEMES: Second. CHAIRMAN LEFEBVRE: Any further discussion? - (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KELLY: I have another question for you. Do you know what year that structure was built, and can you prove it? MRS. CORTEZ: I think the original owner that was the original Page 32 June I ok , Zo tu owner, he built the house somewhere in' the 1965 --'65 or '69, I'm not sure. MR. LETOURNEAU: Gentlemen, I would like to point out the fact that a permit by affidavit would be permitted for the time the structure was built. So it's not going to be quite up to the stringent codes of 2009. They're going to go all the way back to whenever that structure was built. And if it meets the codes at that time, that's all the engineer has to sign off on. Plus it's not going to get the amount of inspections that a normal permit would be getting. MR. KELLY: Just a follow -up question. Because that's exactly where I was going with that. What year was Collier County -- did they form their permit department to where it was required to have a permit? MR. LETOURNEAU: I can't answer that. I do believe, though, it goes probably back -- I can't really answer that, you know, off the top of my head. MR. KELLY: Because if this structure was built prior to it, maybe no permit was required and there is no violation. MR. LETOURNEAU: I believe it goes back to at least -- I think I've seen permits back to the early Sixties. So if it was built in '60, it would be required. CHAIRMAN LEFEBVRE: Everyone had a chance to review the letter here? All right, I guess the question is do we feel that 60 days after the permit is pulled is a sufficient amount of time to get everything done. Have you hired an engineer? MRS. CORTEZ: Yeah, a guy from Immokalee. CHAIRMAN LEFEBVRE: That's okay if you don't remember the: name. But you have hired an engineer.::: MRS. CORTEZ: Yes, yes. CHAIRMAN LEFEBVRE: So you have people lined up to -- MRS. CORTEZ: Since we got the -- they gave us the first notice Page 33 16 1 1 a� June 25, 2009 of the code enforcement, we hired him. CHAIRMAN LEFEBVRE: Okay. Very good. MR. KAUFMAN: Since the dwelling is unoccupied and since his violation goes back to May of a year ago, does the county have any problem with extending the time; knowing that the building department's now on a four -day workweek and getting things approved is kind of delayed? MS. RODRIGUEZ: No, we have no objection. CHAIRMAN LEFEBVRE: Well, everything's approved, I mean, for the permit, so -- MR. KAUFMAN: But after the permit is pulled -- CHAIRMAN LEFEBVRE: Yes. MR. KAUFMAN: -- to get everything done and inspected is going to take probably longer than we have allocated here. So I would like to see us discuss an extension of time to have everything done, if the county has no problem with that. CHAIRMAN LEFEBVRE: Well, I'd -like to keep the 30 days from the hearing to pick up the permits. And maybe we can work on the other, the 60 days, possibly 90 days? What is the board's thought on that? MR. KAUFMAN: Well, I think 90 days is better than 60 days. CHAIRMAN LEFEBVRE: Thirty days better. MR. KAUFMAN: Yeah, about 30 days better. CHAIRMAN LEFEBVRE: Mr. Kelly? MR. KELLY: I don't want to throw a wrench in this whole thing, but I don't think a violation exists. Until -- I mean, I'm not a counselor or anything, and I'm not going to sit here and advise, but I'm not in support of the agreement unless I can be shown in some way that this house was required to have permits when it was. built. 4 mean, they don't know the years. They said early Sixties. Who knows, maybe it doesn't. Maybe there is no violation. Maybe they don't have to get permits. Page 34 16 f 1 June 25, 2009 CHAIRMAN LEFEBVRE: Any comments from the board? MR. ORTEGA: Has a chain of title been conducted on this property at all to trace it back? We've dealt with situations like this. MS. RODRIGUEZ: We did the -- with property appraisal and pulled the property I.D- ,card. MR. ORTEGA: Dating back to? MS. RODRIGUEZ: Well, property I.D. cards date back till the Fifties. MR. ORTEGA: And that's what you had, till' the Fifties? MS. RODRIGUEZ: Yeah. And there's nothing showing that anything was ever permitted. It was a vacant lot. I don't even think they were getting -- there's no taxes on it, paid on it. MR. ORTEGA: Sometimes by recruiting resources within the area, this is Immokalee, original developers as such, they might have some input. Even the lawyers that handled the property sale at that point might still be around and they might have some information towards -that particular situation. .- ,.� . - r= .. .. ,, CHAIRMAN LEFEBVRE: Well, I mean, then that we'd be looking at a continuance. So we have a stipulated agreement, they have agreed. Looking for a motion to either accept the agreement as -is or possibly modify it. What is the board's -- MR. KAUFMAN: I think the county has something to say. MS. RODRIGUEZ: If the permitting department felt that one was not required, then why would they have issued them a permit for the single - family home? MR. ORTEGA: It could have just been an oversight. Just like when we've commenced this discussion regarding the home, I didn't know it was built in the 196f —,e ;ther., So maybe they didn't take that in consideration as well. MS. RODRIGUEZ: Well, we've looked back. I mean, we've got records from Immokalee dating back to the Fifties that I went back Page 35 �A)25, 19 b� and I researched and we found-nothing. No permits. From the Fifties, Sixties, Seventies, Eighties, Nineties up until now. MR. KAUFMAN: Are you saying that if a house is built, let's say, in 1949 -- MS. RODRIGUEZ: As far back as we could see was the Fiftieg. MR. KAUFMAN: Okay. But if one was built back in 1949 and there were no permits required at that time, that means that house is free from taxes forever? MS. RODRIGUEZ: It shouldn't be. MR. KAUFMAN: I agree. But I'm just trying to go -- so now we're going from '49 forward. There are no taxes being paid on that dwelling right now. That's not C.O.'d. MS. RODRIGUEZ: No. MR. KAUFMAN: So in and the county's eyes it doesn't exist. MS. RODRIGUEZ: Correct. MR. KAUFMAN: So there are no taxes being paid. So regardless of whether they required a permit back in 196 or-- not, something needs to be done to bring that property, A, in compliance with basic safety codes, and to put it on the tax rolls. MS. RODRIGUEZ: Correct. MR. LETOURNEAU: I'd like to say once again that I have personally seen permits run back to the early Sixties. They had to hire an engineer or an architect to do that affidavit by -- permit by affidavit, which meant that they felt that they needed a permit at that time, too. So, I mean -- MR. KELLY: Like I say, I didn't want to throw a wrench in the process. It's almost irrelevant, because they did stipulate to the violation. So -- MR. KAUFMAN: So:..,you:.:withdraw .your wrench? MR. KELLY: No, I mean, I'm just throwing it out there. I guess I just like drama or something, I don't know. CHAIRMAN LEFEBVRE: All right, we have a stipulated Page 36 16 I June 25, 20� agreement. Do we have a motion to either accept or to modify the agreement? MR. KAUFMAN: I'd like to make a motion to modify it, and I'd like to change the 60 days to 90 days. County has no problem with that. MS. RODRIGUEZ: We have no problem with that. MR. HEMES: I'll second that motion. CHAIRMAN LEFEBVRE: Any further discussion? MR. ORTEGA: I'd like to throw in another wrench. CHAIRMAN LEFEBVRE: We have enough wrenches. MR. ORTEGA: I concur with you, if a permit was not required, and I'm not saying it wasn't, I think this needs to be unveiled first, don't you think? Because -- MR. L'ESPERANCE: Could we request the county staff to do a little bit more research and determine that, the possibility that he's mentioned? MR. KELLY:, I don't think -it's the board's position to actxas counsel for the respondent and ask them to withdraw their stipulated agreement. However, this could fall to the case section as a normal hearing. CHAIRMAN LEFEBVRE: Okay, we have a first, second. Any further discussion? (No response.) CHAIRMAN LEFEBVRE: Do I have -- all those in favor? MR. ORTEGA: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Az.° MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. KELLY: Nay. Page 37 16, 164 June 25, 2009 CHAIRMAN LEFEBVRE: One nay. Mr. Kelly. Motion passes. Do you understand what we just did? It was -- you have 30 days to pick up the permit. And instead of the of the 60 days, which we'd like them to initial the change, you will have 90 days after you pick up the permit to get the work done and to get the C.O., certificate of occupancy. So we gave you an extra 30 days on that end. MRS. CORTEZ: Thank you. CHAIRMAN LEFEBVRE: Have a great day. All right, Jen, make sure I'm going in order. BCC versus Gentilhomme and Jean Saurel Louissaint. CEB No. 2 -- I'm sorry, CEB No. CESD20080014978. (Speakers were duly sworn.) THE COURT REPORTER: May I have your names, please? MR. LOUISSAINT: Jean S. Louissaint. MR. GENTILHOMME LOUISSAINT: My name is Genti-lhomme Louissaint. CHAIRMAN LEFEBVRE: Do you need the spelling of that? THE COURT REPORTER: Yes, please. CHAIRMAN LEFEBVRE: G- E- N- T- 1- L- H- 0- M -M -E. MR. SNOW: This is concerning Case No. CESD20080014978. And for the record, Code Enforcement Kitchell Snow. K- I- T- C- H- E -L -L, S- N -O -W. It is agreed between the parties that there is a violation and they stipulate to their existence. And they agree that they're going to pay operational costs in the amount a of 86.71 incurred in the prosecution of the case within 30 days of the date of the hearing and abate all violations by: Obtain a Collier County building permit with all inspections through a certificate. of completion within 90 days of the hearing or a fine of $200 per day will be imposed; or obtain a Collier County demolition permit to remove the shed with improvements and all inspections through a certificate of completion within 90 days of q6i , �Q 1 June 25, 1009'" the date of the hearing or a fine of $200 a day will be imposed. And B. will remove all refuse use from the demolition to a site suitable for such disposal. Three, the respondent must notify code enforcement within 24 hours- of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. And four, that if the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. CHAIRMAN LEFEBVRE: You understand and agree to this? MR. LOUISSAINT: Yes, sir. MR. GENTILHOMME LOUISSAINT: Yes. MR. UESPERANCE: Supervisor Snow? MR. SNOW: Sir? MR. L'ESPERANCE: Paragraph three, last sentence, or a fine -of $200 per day? MR. SNOW: Yes, sir. We need to -- CHAIRMAN LEFEBVRE: Any questions of the board, of the respondent or the investigator? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KAUFMAN: I make a motion that we accept the stipulation as written. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: Any further discussion? .(N p ) _ ores onset_..._ .:.._:..�_ ._ : CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. Page 39 11 June 25, 009 CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. SNOW: We thank the board. CHAIRMAN LEFEBVRE: Next stipulation will be BCC versus Alberto E. Franco and Juana Leon. MR. ORTEGA: Mr. Chairman? CHAIRMAN LEFEBVRE: Yes. MR. ORTEGA: I have a conflict with this case. CHAIRMAN LEFEBVRE: Okay. MS. ASHTON- CICKO: And you've indicated to me that you won't be voting or participating in the matter. And would you like to briefly state the nature of your conflict. CHAIRMAN LEFEBVRE: Well, usually that's not done. There's a form that he has to fill out. MS. ASHTON-CICKO: Yes, I've given him the form already. CHAIRMAN LEFEBVRE: But usually we don't state on record what the conflict is. MS. ASHTON- CICKO: Okay. CHAIRMAN LEFEBVRE: I don't remember that. MR. ORTEGA: It's up to the board. MR. KELLY: We do usually step down, though. CHAIRMAN LEFEBVRE: Yes. (Speakers were duly sworn.) THE COURT REPORTER: May MS. LEON: Juana Leon. MR. FRANCO: Alberto Franco. I'._-�1 I have your names, please. 1 Ju6 ne 25009 MR. PAUL: For the record, Renald Paul, Collier Comity Code Enforcement. This is in reference to Case No. CESD20080012107, dealing with violations of Collier County Code of Laws, Chapter 22, Article 2, Florida . Building Code, Section 22- 26(B). 104.5.1.4.4., . Location at hand is 5348 18th Court Southwest, Naples, Florida, 34116. Permits were abandoned and canceled for addition, garage conversion and shed. Both owners have agreed to stipulate to paying operational costs in the amount of $87 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Respondents are required to obtain any and all permits as required by Collier County for any and all improvements and alterations to the residence or obtain a demolition permit for removal of all improvements to this property and obtain all required - inspections and - certificate -of completion within-J-20-days-of this hearing or be fined $200 a day until abatement. Respondents must notify code enforcement within 24 hours of abatement. If respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement. And all costs of abatement shall be assessed to the property owner. CHAIRMAN LEFEBVRE: If you can state your names for the record, please. MS. LEON: Juana Leon. NR FRANCO: Alberto Franco. CHAIRMAN LEFEBVRE: Thank you. And you agree to the stipulated agreement? MS. LEON: Yes. Page 41 §ule 25 „0v CHAIRMAN LEFEBVRE: Very good. Any questions of the board? (No response.) CHAIRMAN LEFEBVRE: When was the permit issued for this =- these improvements? And when did it expire? MR. PAUL: These permits were issued in '05 and '06, due to circumstances. They ended up being canceled because there were no inspections drawn on them. CHAIRMAN LEFEBVRE: So they were good for six months and then -- MR. PAUL: Yeah, they expired and they canceled them out. CHAIRMAN LEFEBVRE: Would those permits be reissued or would there be new permits issued? MR. PAUL: What they would have to do is get the permits in their name, because a contractor had done the work originally. So they'd have to get them in their names for them to do it by owner, --permit . y owner, so �. _. _ � : - - -- .a.. CHAIRMAN LEFEBVRE: Okay. Any further questions? MR. KAUFMAN: Make a motion we accept the stipulation as written. CHAIRMAN LEFEBVRE: Do I hear a second? MR. HEMES: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. - MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. Page 42 16; 1 o June 25, 2009 MR. LAVINSKI: Aye: } CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Thank you. MS. LEON: Thank you. CHAIRMAN LEFEBVRE: We'll move on to the next case. Next case will be BCC versus Michael Doty and Marcia Doty. (Speakers were duly sworn.) THE COURT REPORTER: May I have your names, please. MR. LLORCA: Carlo, last name, Llorca. L- L- O- R -C -A. MR. FAY: Jon Fay. J-0-N. F -A -Y. MS. DOTY: Marcia Doty. CHAIRMAN LEFEBVRE: You have to read the case again, correct? I know, it's been stipulated agreements, so -- MS. WALDRON: This is in reference to violation of Collier County Code of Laws and Ordinances, Chapter 22, Artiele 61-Section 22 -231, Subsections 1, 2 and 11. Description of violation: Dwelling being occupied without water and electricity. Location/address where violations exists: 4048 Skyway Drive, Naples, Florida, 34112. Folio 82941840004. Name and address of owner /person in charge of violation location: Michael and Marcia Doty, 4048 Skyway Drive, Naples, Florida, 34112. Date violation first observed: June 17th, 2009. Date owner /person in charge given Notice of Violation: Is not applicable. Date on/by-which violation to be corrected: Immediately. Date of re- inspection: June 23rd, 2009. Results of re- inspection: The violation remains. At this time I'd like to present Investigator Joe Mucha. Page 43 161 1 �0 June 25, 2009 '" ' MR. MUCHA: Good morning. For the record, Investigator Joe Mucha, Property Maintenance Specialist, Collier County Code Enforcement. This case initiated as an anonymous complaint to our department, received on June 15th. I made a site visit to the property on June 17th, last week, and at that time I actually met with one of the residents of the neighborhood, Mr. Llorca. I'd like to call him up. Just kind of basically explain what you told me before I went to the property. MR. LLORCA: Okay, I don't know exactly who made the anonymous phone call, but on that date that he was coming through, I was actually on my way to go to work and in a marked patrol vehicle. As I was leaving, I actually saw him coming in and I questioned him on the address, this location. He said, that's actually where I'm going to. And I gave him a little brief synopsis of what's going on and what was happening there: It's been going on for actually -about two; two and a half months now. But he just came involved into this now. MR. MUCHA: You want to explain? MR. LLORCA: Approximately two, two and a half months ago we had a young lady by the first name of Gretchen and a gentleman move into this location at 4048 Skyway Drive. We observed them there. Some of the other residents were having some kind of issues with them. Gretchen started just walking into homes, grabbing cell phones, using cell phones. We've had several burglaries just in our general area. Never had one there. I've been there for eight, nine years, this is the first one we've had. We've had several items missing from garages, hangars, golf carts, so forth. So I started kind of looking to see what she was -- you know, what was going on in this house. I really can't pinpoint that they're the ones actually doing it, but these occurrences started happening once 161 1 " �p� June 25, 2009 `" she arrived, and her boyfriend. I did some other checking up on the subjects. Multiple pawn shop entries and so forth through our systems. Checked on the house. There was no power. The meter hasn't moved. No water. Then I actually noticed an extension cord coming from the 4048 to one of the neighbors houses only here seasonal. We kind of questioned why it was, what was going on. The meter was never turning. Some of the other residents actually got involved and now she's actually going from door to door basically begging for money at this point. So now it becomes not only so much they don't have the power, it's the welfare. We don't know what's going on with her. She doesn't even look healthy. So I don't know exactly what's going on at this point. But it's just everything's been escalating. And she hasn't left. Andy you know, we basically have asked her if she's gaing�to -leave and there's no intention of her leaving at all. MR. MUCHA: So on that date, June 17th, I actually met with him before I actually made my way to the property. I went to the property, knocked on the door, nobody answered. I left my business card there. I took a walk around the property, looked at the electrical meter and could see that it was not moving, that there was no electricity coming to the house. I finished my walk around the building and I observed through the windows that there were cats inside and I could see furniture and stuff like that. It looked like it was being occupied. So at that time I did some more research, found out that the ::.water had .been actually shut off for almost a year; I believe:. -1t :was April, 2008 is when the water was shut off to the property. And I also found that the property is in the foreclosure process as well. So that concerned me, that there's a good chance that somebody's staying Page 45 16 1 �, June 25, 2009 there with no water and electricity. So on June 23rd I prepared the case for an emergency hearing. I went out to the property, posted notice of hearing at the property and the courthouse. And I observed at that time that my business card had been removed and there was a bag of trash in front of the door that wasn't there on my last visit, so that just kind of confirmed everything for me at that point. CHAIRMAN LEFEBVRE: Did you notice a power cord coming from one unit? MR. MUCHA: I did not notice a power cord at that time, or the first time. CHAIRMAN LEFEBVRE: If you'd like to respond to -- MS. DOTY: Yeah, I'd like to respond to part of it. Yes, she's there and I know that. The burglaries that were happening that you have now said that happened since she moved in, I have to say that actually it was happening before she got there, -because 1 was- in contact vAth ogre --of the neighbors out-there- And at that time I noticed my house was being broken into because the back door locks from the inside and the key was broken off, so it was multiple entry. I tried to call Carlos several times to let him know that I thought my house was being used as like the lookout, because it has a huge window that looks out on people's yards. And I never did get a hold of him. So -- and when my daughter needed a place to go, it was kind of like maybe that would be helpful. So my house wasn't -- I didn't want it being trashed at the same time. So anyway, that's just to negate that one. She's the guilty person, and I'm guilty for letting her be there. ,..CHAIRMAN LEFEBVRE: So it's your.-daughter that's living there currently? MS. DOTY: Yeah. So I'm saying yes to everything. I tried to agree to do this without doing this, but they didn't want it. So whatever 161 1 "' �j� June 25, 2009 the deal is, the deal is. CHAIRMAN LEFEBVRE: Any other questions from the board? (No response.) MR. ORTEGA: I don't really have this case in front of me so I really have no knowledge of what is actually going on, other than what I just heard. CHAIRMAN LEFEBVRE: It was given to us this morning. MS. DOTY: We were notified yesterday. MR. KAUFMAN: I'd like to know if the county has any recommendation. CHAIRMAN LEFEBVRE: Well, we really should find that there's a violation first. Well, before that, let me ask: Do you know in fact if the power -- are you aware that the power is turned off? MS. DOTY: Yeah. CHAIRMAN LEFEBVRE: And also, the water is not on; is that - _ MS. DOTY: That is correct. MR. KELLY: In that case, I'll make a motion that a violation exists. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. -:,MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. Page 47 16 25 2009 June CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And now for your recommendation. MR. MUCHA: Well, I do have one question for her. What is -- because we both kind of agreed that, you know, everybody needs to leave there. When would be a reasonable amount of time for this to happen? MS. DOTY: She's having gallbladder surgery right now, so I would ask for five days so I can get her out of the hospital first to get her stuff. MR. MUCHA: So by June 29th? MS. DOTY: How about on her birthday, July 1 st? Can I do July 1 st? MR. MUCHA: Okay, well, my recommendation would be that either the water and electricity to the dwelling has to be restored by July 1 st or- vacated until such lime as the water and electricity-can be restored. CHAIRMAN LEFEBVRE: Do you have that -- can you put that up on the scene? Thank you. MR. UESPERANCE: Your daughter is currently not at the residence. MS. DOTY: She's in a Fort Myers hospital. MR. UESPERANCE: She's in the hospital. MR. HEMES: Do you own this house? MS. DOTY: Yes. MR. HEMES: Do you have a mortgage on it? MS. DOTY: Yes. MR. HEMES: And you're current on.your taxes? MS. DOTY: Yes, I think we are right now. CHAIRMAN LEFEBVRE: I heard testimony that it was in foreclosure. 01M. 16i 1 p� June 25, 2009 MR. UESPERANCE: Is that correct? MS. DOTY: It's not in foreclosure yet. MR. UESPERANCE: Is there a possibility of utilities being restored? MS. DOTY: There's a possibility we might get the house back. We're working with the bank right now. MR. UESPERANCE: How about utilities? MS. DOTY: No, she'll vacate. And I'm not going to turn them on unless I move back. MR. KELLY: Investigator, is there operational costs? MR. MUCHA: I'm sorry, yes, there is. Operational costs of $86.71 incurred in the prosecution of this case, to be paid within 30 days. MR. KELLY: And do you or anyone does from the county know the provisions on health and welfare cases such as these as far as the shortest time and fine rates and everything as a guideline? - -MR. MUCHA: Normally with something like this, we would -ask for it to be immediately, the violations to be corrected or a $500 a day fine. MR. UESPERANCE: This is a health, safety and welfare issue. A person cannot be living in a structure without utilities. It's as simple as that. MR. KELLY: Right. CHAIRMAN LEFEBVRE: Do you want to make a motion and put in dates and a fine amount? MR. UESPERANCE: I'd like to make a motion that the respondent must restore the water and electricity to the dwelling or vacate the premise of all occupants by -- what is today's date, the -- CHAIRMAN LEFEBVRE:.-. 24th. MR. UESPERANCE: By June 24th, 2009 or a fine of $500 per day will be imposed until the violations are abated. What else does the county need? 16t 1 p� June 25, 2009 MR. MUCHA: I'm sorry, did you say today is -- today is actually the 25th. What date did you want? MR. UESPERANCE: By today. MR. MUCHA: By today, okay. CHAIRMAN LEFEBVRE: Or a fine of how much? MR. UESPERANCE: $500 per day. MR. MUCHA: And I just want to maybe put it in there too that if the respondent fails to abate the violation, the county may abate the violations and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MR. UESPERANCE: Paragraph two will stand as written, yes. MR. MUCHA: Thank you. CHAIRMAN LEFEBVRE: And then also notify -- MR. MUCHA: Yes, the respondents must notify me as soon as they have left the premises. MR. L'ESPERANCE: I'll accept that: _ MS. DOTY: Can I ask the question, then? CHAIRMAN LEFEBVRE: Sure. MS. DOTY: How is she to leave the premises today when she's not there and I can't take -- am I supposed to go take her stuff out? I'm just asking so I know so I don't get it wrong. MR. UESPERANCE: Well, the intent of the motion is for a person not to live in the premises anymore as of right now. MS. DOTY: Okay. So she can go back when she gets out of the hospital and get her things and that's okay? MR. MUCHA: Absolutely. MS. DOTY: I'm just making sure, because I don't want to get in trouble again. MR. L'ESPERANCE: Just so nobody's living, sleeping, cooking. MS. DOTY: Got it, okay. MR. UESPERANCE: It's just not safe. It's not healthy. Page 50 1,� i 1 251) 2009 Yes, you may take the items out of the residence, yes. MR. KELLY: And did you also mention in your motion the operational costs? MR. L'ESPERANCE: If I did not, please insert the operational costs of the number you mentioned. MR. MUCHA: Yes, the operational cost of $86.71 to be paid within 3 0 days. MR. L'ESPERANCE: Please do insert that. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Well, before -- CHAIRMAN LEFEBVRE: Well, let's have a second, then we can have discussion. MR. KAUFMAN: I'll second it. CHAIRMAN LEFEBVRE: Okay. Any further discussion? MR. KAUFMAN: I have a ques -- from what I understand then, if she was not living there, you could leave her stuff there and then - come back in a month from now - As Tong as she's not living there. So there's no -- CHAIRMAN LEFEBVRE: Rush. MR. KAUFMAN: There's no rush to do it. And as far as living there without electricity and water, you're her mother, I'm sure that you agree to that as well. MS. DOTY: It was better than the street. MR. HEMES: And if there are cats there, I suggest you pick them up immediately. MR. MUCHA: Yeah, just for the record, I did inform Domestic Animal Services about the cats residing there. So they may be coming by to visit. So if you want to save the .cats, I suggest removing them. CHAIRMAN LEFEBVRE: We have a motion and a second. Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? Page 51 It ne 251 201 09 MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Would you like a little few - minutes break? THE COURT REPORTER: Yes. CHAIRMAN LEFEBVRE: We're going to take a break till 20 of, so 12 minutes. (Recess.) CHAIRMAN LEFEBVRE: All right, we're going to move on to motion for -- Pm going -to call the Code Enforcement Bard meeting back to order. And we're going to move on to old business. Motion for imposition of fines. BCC versus Linnette Barrett. (Speaker was duly sworn.) CHAIRMAN LEFEBVRE: And respondent's not in the room, correct? MR. PAUL: No, she's not. CHAIRMAN LEFEBVRE: Thank you. Has any work been done on -- MR. PAUL: No, it hasn't. Nothing's been done. CHAIRMAN LEFEBVRE: When is the last time you were there? MR. PAUL: I was there yesterday. CHAIRMAN LEFEBVRE: Yesterday. MR. KAUFMAN: Have you been in contact with the respondent? Page 52 161 1 �J� June 25, 2009 " MR. PAUL: No, I haven't. She hasn't called me or anything. She' hasn't done anything. I think she's just allowing the bank to take the house. She's really waiting on them to foreclose on it. So she's not going to do anything, I don't think. CHAIRMAN LEFEBVRE: Has he been sworn in? THE COURT REPORTER: Yes. MR. KELLY: Given the fact that there has not been compliance and the operational costs have not been paid, I make a motion that we impose the fines as per the order of $6,286.71, and fines continue to accrue. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. MR. LAVINSKI: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: With none, do I hear a vote? All those -m - - vor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Can I just put on the record too, just since the respondent is not here,-.that we-did send the notice certified mail. And-. : . it was also posted. The notice of hearing was posted at the property and the courthouse on 3/11. CHAIRMAN LEFEBVRE: Very good. Page 53 161 June 25, 2009 Next case, BCC versus Israel and Delma Gallegos. (Speakers were duly sworn.) CHAIRMAN LEFEBVRE: If you can state your names for the record, please. MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. MR. GALLEGOS: Jacob Gallegos. CHAIRMAN LEFEBVRE: Thank you. Is it correct you have not complied? MR. GALLEGOS: Well, yeah, up to the date that was given, that's correct. CHAIRMAN LEFEBVRE: Have you corrected -- did you get the permits? MR. GALLEGOS: No. That's what I discussed with him earlier. We filed for a permit on the -- I think it's April 2nd. I was delayed a little bit because on -- I want to say in February I was given a letter, my dad -was supposed to demolish a home on 2401 Eden-Avenue, which we accomplished. It cost him close to $6,000 to do that. And I was given almost eight months to correct these violations. We have -- I have plans. We're on the verge of getting a permit to do the remodeling, do everything that needs to be done to the property. I mean, I think my dad's done -- he's given a valiant effort to try to get this corrected. We're on the verge of finishing it. I mean, we just -- once the permit gets issued he could start the work; Freeman and Freeman Construction could start his job to get this completed. CHAIRMAN LEFEBVRE: Are you one of the owners on this property, or not? You're representing your -- MR. GALLEGOS: Yeah, I represent -- I've always come with my father.. He couldn't .come_�,today. He's diabetic. Last time I had to:° run out and get a check. You guys probably remember, I had to come back, I was kind of late. CHAIRMAN LEFEBVRE: All right. Page 54 161 1 June 25, 2009 �� Any other questions from the board? MR. ORTEGA: Yes. The remaining work that you have to do, this is additions to a single- family residence? MR. GALLEGOS: Right. M MR. ORTEGA: But the permit has not been applied for. MR. GALLEGOS: No, it's been applied. We have a permit number and everything. The floor plan is the only thing holding up with the engineer since almost, I want to say, 13 days ago down to planning. MR. ORTEGA: You're speaking about a rejection? MR. GALLEGOS: Yeah, speaking about one rejection that's left. It has been rejected several times. There's one rejection left that we're waiting on. As soon as the permits issued, we will go forward on completing what needs to be completed. MR. ORTEGA: And who's we? MR. GALLEGOS: Well, I say Freeman and Freeman, or my father. MR. ORTEGA: The contractor for -- MR. GALLEGOS: The contractor, right. MR. ORTEGA: Understand. Okay. MR. GALLEGOS: So we have a contractor, I have plans, I have everything. Everything. We're waiting on one rejection to be reviewed so they can issue the permit and we can go forward and he can finish this up so we wouldn't have to come back here no more. I've been here several times. MR. L'ESPERANCE: How much -- Mr. Gallegos, what are you requesting this board to do? MR. GALLEGOS: Well, it's just about imposing the fine. I mean, tl e-- job.ls_.valLied at- :22,000. Freeman and Freeman ha&offered _: � to do it for $16,000. Which he's given us a break. I know him from Immokalee for a while. He was my football coach when I was at Pop Warner. Page 55 lb 1 June 25, 2009 I just need a few more months or I don't know what you guys would say is a nice time table or a decent timetable to finish the job. He's come this far, he's gotten the plans. I mean, we're on the verge of finishing it so we won't have to -- I wouldn't have to come back up here. CHAIRMAN LEFEBVRE: If we impose the fines, they would have then 30 days, and then you start the foreclosure process; is that correct? MS. WALDRON: No, it's 90 days. CHAIRMAN LEFEBVRE: Ninety days. MR. KELLY: However, they'd have 30 days to submit for a reduction or abatement. MS. WALDRON: Well, they can really submit in any of that time frame and we will consider it. They have 30 days to appeal your decision. MR. KELLY: I see. CHAIRMAN LEFEBVRE: So we -could either have it withdrawn to a period of what, say 60 days out or 90 days out, impose the fines. So I guess it would be up to the board to make that decision. MS. WALDRON: One of the options for the board too is if you'd like to give him an extension of time, we can do an order for extension of time, if that's what you want to do as well. Then the fines would stop running and he would have more time to finish. MR. KELLY: That's what I'd be inclined to recommend. CHAIRMAN LEFEBVRE: Is it changing the original order? MR. KELLY: There's been due diligence on this case and on the others. This is the kind of response that we want from our respondents. MR. KAUFMAN: What does the county want? You have an opinion= c n .,it? MR. MUSSE: I have no objection to the continuance of the case. The only thing I'd like to put on record, because the permit is for a 951 square foot attached storage shed. All those additions he's going to Page 56 61 June 25, 20 9 convert it to a storage shed. I'd just like to put on record that it would not be converted back to living space. MR. ORTEGA: I have a quick question. Have you connected with your contractor how long the work's going to take? MR. GALLEGOS: He figured anywhere between -- I mean, and it's pushing it, 90 days to 120 days. And that's hoping everything comes out right, the rejection is okay. And we're already in July. I know it's June, but we're going into July, so -- I mean, that was his -- you know, he's saying that's as fast as I can go. That's working on it. I mean, that's not including we're in rainy season now, so -- MR. KELLY: Is the dwelling occupied? MR. GALLEGOS: Yeah, a portion of it is. The storage, the one that's being converted to storage is -- the plumbing's going to be ripped out, the electrical's going to be -- that kind of stuff is going to be done. MR. KELLY: So that part's not -- MR. GALLEGOS: No, that's not going to be occupied. So I'm just asking for a little more time. I mean, my dad's come this far. I mean, we demolished the home, I think you guys remember a few months ago. That was an issue. We were getting $500 fine a day. And he had to come up with that money. See, that money that was going to be used for this kind of set us back a little bit. And we were going to file for the permit then, but when that issue came up, we had to deal with that. And then it set us back a little bit. Other than -- I mean, I think he's given a good effort to try to finish this up and we're just waiting on one rejection. CHAIRMAN LEFEBVRE: Very good. -Do_ I hear a motion? MR. KELLY: I make a motion that we extend the time frame on the original order to where completion would be done by October 1 st, 2009. Page 57 16i h June 25, 209 - CHAIRMAN LEFEBVRE: So that's three months. Well, a few days more. He's saying that might not be enough. MR. KELLY: We could make it November. MR. ORTEGA: At least four months. MR. KELLY: December, then. MR. GALLEGOS: Because I have to get a C.O. and all that. MR. KELLY: If it pleases everyone, then, we'll just make it December. Extending the original order to December I st, 2009. MR. GALLEGOS: I appreciate it. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. GALLEGOS: Thank you so very much. CHAIRMAN LEFEBVRE: You're very welcome. Next case will be BCC versus Robert Toski. (Speaker was duly sworn.) MR. BALDWIN: For the record, Investigator Patrick Baldwin, Collier County Code Enforcement Investigator. MS. WALDRON: Just for the record, too, since the respondent is not here, the notice of hearing was sent certified mail and was also 16, June 25, 2009 posted at that property and the courthouse on 6/3/09. CHAIRMAN LEFEBVRE: Okay. Any work been done on this to correct the violation? MR. BALDWIN: Yes. The screen enclosure is up. As per our last meeting it was up. He just needed to get it C.O.'d. And he has not got it C.O.'d. About a month and a half ago the final building got rejected. I've had several -- I've made several attempts to contact the contractor to let him know that the final building got rejected. And he is aware of that, he's called me back, but still it has not been C.O.'d. CHAIRMAN LEFEBVRE: Any other questions? MR. ORTEGA: In the spirit of assessing time, what was the nature of the rejection, by the way? MR. BALDWIN: It just -- per the notes in the computer system, it was just rejected. I don't know why, I didn't speak to the inspector. MR. ORTEGA: The point to that question was whether it was just a negligible rejection, or-was it one of setbacks? Because once you do a screen enclosure, you're going to be required to have a spot survey, and that will determine whether it's in compliance or not. So if that's the case and he's not in compliance, then you're looking at variances. MR. BALDWIN: I don't believe that would be an issue, sir. It was the final that was rejected. I don't know what for, but I believe everything would have been all right with the survey per setbacks. MR. ORTEGA: Okay. MR. HEMES: Is this property occupied? MR. BALDWIN: Yes. CHAIRMAN LEFEBVRE: Any other questions of the board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KELLY: I'll make a motion that we impose the fines of $6,687.57, including the operational costs, which have not been paid. Page 59 16! 1 Ott June 25, 2009 The fines continue to accrue. CHAIRMAN LEFEBVRE: Do I hear a second? MR. HEMES: Second. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES : Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR:.BALDWIN: Thank you. :. CHAIRIMIAN LEFEBVRE: Next motion will be for BCC versus M &M Developers, LLC. (Speaker was duly sworn.) MS. WALDRON: For the record, since the respondent is not here, the notice of hearing was sent certified mail, and we have return receipt signed on 6/19/09. And the property and the courthouse were also posted on June 11 th. CHAIRMAN LEFEBVRE: Has the work been completed? Anything been done? MR. SNOW: Sir, the -- I talked to the property owner, Mr. Austin, on several occasions. And the problem has arisen with the tenant.. And the tenant had got a notice of commencement, but they had done all the work previously on this property, if you remember, it was on the second story. And apparently this is such an older building, there were no 161 � (4 � June 25, 20;9 drawings of what originally was supposed to be there, so he was at a quandary. He didn't know what he was going to do. We set up a meeting with Bob Dunn to discuss what his options were. And he had to get an architect, and engineer and try to get plans on what he wanted to do. But as you know, the way the economy was, I guess he decided not to do that, he was going to demo it. As of the 11th, when -- my last conversation with Mr. Austin, he had not accomplished that yet. I'm very sorry that he's not here today. He told me he was going to be here. So I don't know what else we could possibly do. CHAIRMAN LEFEBVRE: Any questions of the board? MR. ORTEGA: Yes, is Mr. Austin and M &M Developers the same? MR. SNOW: He's the property owner, yes, sir. MR. ORTEGA: Mr. Austin is? MR. SNOW: Yes, sir. MR. ORTEGA- And why-is M &M the respondent? They were doing the work? MR. SNOW: M &M Developers is the property owner. Mr. Austin represents the property, sir. CHAIRMAN LEFEBVRE: He's one of the members of the LLC? MR. SNOW: Yes, sir. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KAUFMAN: I'd like to make a motion that we impose the fine of $41,888.43, plus the operational costs of $88.43. MR. KELLY: If I may, the operational costs are already included in the amount that you read. MR. KAUFMAN: Oh, okay. CHAIRMAN LEFEBVRE: And they haven't been paid? MR. KAUFMAN: They have not been paid. MR. HEMES: I'll second the motion. Page 61 16 ` b�o June 25, 2009 CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Thank you. Next case will be BCC versus Hamo Gutic. (Speakers were duly sworn.) THE COURT REPORTER: May I have your names, please? - -MS. RAMDEDOVIC: Azemina Romdedovic. A- Z- E- M- I -N -A=. Last name is R- A- M- D- E- D- O- V -I -C. CHAIRMAN LEFEBVRE: And your relationship to Hamo Gutic? MS. RAMDEDOVIC: I'm his daughter. CHAIRMAN LEFEBVRE: And you have authority to be here and -- MS. RAMDEDOVIC: Correct, yes, I do. CHAIRMAN LEFEBVRE: Is it correct that the additions to office space have not been completed or C.O.' s or anything? MS. RAMDEDOVIC: Well, what happened with this is the tenants that are currently there, the V.F.W. Post 7369, they were responsible to actually have fixed everything, get the permits, have the electrician in. And my father is a very good man, he actually trusts people a little bit too much. So, you know, they made him believe that Page 62 161 A P�Q June 25, 20 everything was done, he was ali set And some time went by, so no response, no Letters from the code. And Tom Campbell left it at the end that, you know, we're okay for now. So we never received a response. We actually thought that everything was completed until Friday when my father received a notice for the hearing today. And I contacted code enforcement and I spoke to Kitchell. We met up at the property. We didn't even know that this was still going. We thought everything was completed. We did not know that they did not pull out any permits. But what I'm here to ask for is for an extension for 180 days, if that's possible. Because I know this time I will be responsible taking care of everything for dad, pulling out the permits. I already spoke to an electrician, Wright Electrical, which they actually said they will do all the work. And this here (phonetic) air conditioning, which will handle all the AC parts. --CI -IAIR -✓IAN LEFEBVRE -I'm looking at the stipulated agreement that your father signed back in May of last year. And it spells out what he's supposed to do. And obviously we're here now 13 months later and it's not been done, not been followed through. With this agreement being signed, he took responsibility that that work would be done and the permits and everything would be done, pulled, and he would get a C.O. That hasn't happened. I'm going to be hard pressed to go along with another 180 days, knowing that he knew what had to be done and how to get it done, and it hasn't been done. But that's just my opinion. MR. SNOW: Mr. Chair, if I may, I have been on a lot of properties, and this is one case when I feel the property owner was really abused. The violations were abated but there were no permits pulled for any of those. And when you go in the interior, the property -- or the tenant was -- definitely didn't do what they were supposed to do. And Page 63 71ik151 21189 I know the property owner is responsible. however, in this cuse,-I know Mr. Gutic, and I know his credibility and his honor, and I think he probably did comply. And not only that, from talking to them, there was some extenuating mitigating family circumstances were involved, and tl y are not local. She is, but Mr. Gutic is not. She was not aware of this. And as soon as we got on the phone, we have a plan. My thinking on this was if the board would grant a 30 -day extension that would be a monitoring period for them to find -- we could find out some definite progress. If there's no progress, there would be no problem with imposing those fines. But if we give the opportunity for abatement, which is what we want, the opportunity for abatement. Because if we impose the fines and then it's foreclosed on, the prop -- another property owner is just going to inherit it anyway. It's going to have to be done. But if we give them time to comply, the board gives 30 days tine frame, if you're not �atisr ud,with what they'rc, •d)o ng I -think tlfat -� {- would be the time to impose. But if we could see progress, I think we would be okay with that, the county would. CHAIRMAN LEFEBVRE: Either that or, again, withdraw until next month and see what progress we make. MR. SNOW: Yes, sir. MS. WALDRON: The County agrees to withdraw this case and bring it back at a later date. MR. ORTEGA: I have a quick comment. Based on the scope of the work, you mentioned electrical, mechanical. And you said -- you stated that you're going to acquire the building permits. Are you aware you're going to need a general contractor to do this? MS. RAMDEDOVIC: Yes, yes. MR. SNOW: We thank the board for its time. CHAIRMAN LEFEBVRE: Thank you. 1615 J 209 � (e -W- e-have the last Lase;-6(_ versus & arek Okenka and ten ka Okenkova. I'm sure I said that incorrectly. MS. WALDRON: The county's actually requesting that we withdraw this case at this time and bring it back at a later date, since we've got some- issues that we would like to work out first. Rz CHAIRMAN LEFEBVRE: All right. Now I'm going to have to say that name again, those two names again. I know the respondent's here, correct? MS. WALDRON: Marek Okenka and Lenka Okenkova. CHAIRMAN LEFEBVRE: Okay. All right. Any reports, comments? (No response.) CHAIRMAN LEFEBVRE: Next meeting will be July 23rd, 2009. And that should be it. MR. KELLY: Motion to adjourn. MR. HEMES: Oh, I was going to offer congratulations to our . - . '.7 . ; . g CHAIRMAN LEFEBVRE: Thank you very much. MR. KAUFMAN: I think we may need to extend the doors so at the next meeting the ball and chain will fit through. MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. ORTEGA: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. HEMES: Aye. MR. UESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVfNSKI: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Page 65 June �+25, 2k9 �� There being no further business for the good of the County; the meeting was adjourned by order of the Chair at 11:02 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARb , Chairman These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Oi°cgory Reporting Service, Inc., by Cherie' R. Nottingham. Fiala Halas Coyle TRANSCRIPT OF THE STATEMENT OF RECORD codetta r FOR THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida June 4, 2009 LET IT BE REMEMBERED, that Mark Strain, on behalf of the Collier County Planning Commission, in and for the County of Collier, made a statement of record on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain ALSO PRESENT: Heidi Ashton - Cicko, Assistant County Attorney Ray Bellows, Zoning Manager Page 1 16 i 1 6-v June 4, 2009 RECEIVED JUL 1320 Board of County Commissioners misc. COM- Dsb: b 4 Item # L 10g I pol June 4, 2009 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the non - meeting of the Collier County Planning Commission on June 4th. It looks pretty empty up here, for the reason is that an advertising glitch has caused all the cases to be postponed until the 18th of this month. The Planning Commission was told about it on Tuesday. So rather than everybody show up, I was the one that showed up today. And with that, since there's no quorum, we'll have this meeting officially adjourned. And I want to thank Kady for her extensive efforts in camerawork today, and Cherie' for her extensive recording efforts. And that will take care of it. MS. ASHTON- CICKO: Mr. Strain? CHAIRMAN STRAIN: Yes. MS. ASHTON- CICKO: For the record, could we just read off the petition number and names that will be continued until June 18th? CHAIRMAN STRAIN: If you have them. Since I wasn't -- didn't even bring them with me, Heidi. MS. ASHTON- CICKO: Okay. That's Petition CU- 2009 -AR- 14137, St. Monica's Episcopal Church, conditional use. Petition RZ- 2008 -AR- 13967, the Collier County Department of Parks and Recreations, rezoning. Petition VA- 2008 -AR- 13671, and that's the Collier County Parks and Recreation variance for property in Goodland. CHAIRMAN STRAIN: Okay, thank you. And I -- I notice the recording office didn't bring down any coffee or anything today, because they knew I was the only one here, so I guess I don't rank with any of those favors. With that we will -- now can we close the meeting? MS. ASHTON- CICKO: Yes, thank you. CHAIRMAN STRAIN: Okay, thank you, County Attorney (sic), we will -- the meeting is now closed and over with. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:35 a.m. COLLIER COUNTY PLA"ING COIQI4 ION MAR14 STRAIT -T, Chairman This Statement of Record approved by the board on as presented or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie R. Nottingham. Page 2 161 1 &1 July 2, 2009 Haws. TRANSCRIPT OF THE MEETING OF THE Haaain9 COLLIER COUNTY PLANNING COMMISSION RECEIVED colle Naples, Florida AUG ? ? ?.009 tJo\e t�a le �' July 2, 2009 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 830 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed -Caron Karen Homiak Tor Kolflat Paul Midney (Absent) Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning Manager Thomas Eastman, Real Property Director, CC School District — _,rres: Date. Page I ten r 16 1 July 2, 2009 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the July 2nd meeting the Collier County Planning Commission. If you'll please rise for pledge of allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: Okay.. if the secretary will please do the roll call. COMMISSIONER VIGLIOTTL Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER VIGLIOTTI: Commissioner Kolflat? COMMISSIONER KOLPLAT: Here. COMMISSIONER VIGLIOTTI: Commissioner Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER VIGLIO'IT]: Commissioner Caron? COMMISSIONER CARON: Here. COMMISSIONER VIGLIO FIT Commissioner Midney is absent. Commissioner Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Commissioner Vigliotti is present. Commissioner Murray? COMMISSIONER MURRAY: Here. COMMISSIONER VIGLIOTTI: Commissioner Wolfley? COMMISSIONER WOLELEY: Here. COMMISSIONER VIGLIOTTI: And Commissioner Homiak? COMMISSIONER HOMIAK: Here. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Okay, are there any addenda to the agenda? We have one consent and one regular hearing today. Anybody have anything? (No response.) Item #4 PLANNING COMMISSION ABSENCES _ CHAIRMAN STRAIN: If not, I'd like to remind -- oh, the next one is Planning Commission absences, so I'll remind everybody, we have -- our next meeting is a regular meeting on July 16th. And then we have a meeting scheduled on July 27th. And Ray, I'm assuming it's still on? And that one is at 5:05 in this room on the 27th, which is a Monday. And it's for the flood ordinance. I still have it on my calendar. Is that still correct, Ray? Page 2 16 1 July 2, 2009 MR. BELLOWS: Yes, it is. I was thinking we were going to make a change, as I discussed earlier with Mr. Murray, but that is not the fact -- the case. The meeting still will be on the 27th at 5:05 for the flood water issue. And we still have one petition on the 16th. CHAIRMAN STRAIN: Okay. And on the 27th, that particular meeting, is that -- there are two issues in the flood ordinance: There's FEMA regulations that we were talking about which involves the heights and stem walls and things like that. And there was another one that involved the HOA's maintaining systems. I understand that we've separated those two. And the one coming up on the 27th is not the one involving the HOA's; is that correct? MR. SCHMITT: That's correct. CHAIRMAN STRAIN: Good. MR. SCHMITT: That's correct. CHAIRMAN STRAIN: Okay, and on the 16th, that one item that we have, is it something that cannot be put off until the first meeting in August? MR. BELLOWS: It's a boat dock, and I'd have to -- CHAIRMAN STRAIN: I mean, to have all of us come in, especially some of us from distances for one hearing, if it's not that pertinent, we might combine them up and save the room time and everybody's time for setting up and doing things. Has it been advertised? MS. CASERTA: I'm pretty sure. CHAIRMAN STRAIN: You might want to be on the record just so -- okay, if it's been advertised, then I guess we've got to leave it. In the future, though, if we get down to one, it might be more efficient if we tried to schedule them and collect them all together. MR. BELLOWS: I agree. And that was the direction of the Planning Commission I believe a year ago, and we've been trying to. And unfortunately when there are more items on an agenda and then all of a sudden three of them get continued and we get one left, I think that's what happened on one of these. We'll do better when we do get a lot of continuances to see what's left and try to reschedule the last remaining one. right? CHAIRMAN STRAIN: At the time you do your advertising, that's usually when you'll know, MR. BELLOWS: Yes. CHAIRMAN STRAIN: Okay. So maybe at that point if you've only got one to advertise, we could not advertise and just hold off until the -- at the time when everything is costing everybody so much, the -- MR. BELLOWS: There are instances -- CHAIRMAN STRAIN: -- less activity we have here, the better. MR. BELLOWS: -- where there are continuances after the advertising and they have five weeks to hold that meeting without re- advertising. CHAIRMAN STRAIN: Gotcha. Ms. Caron? COMMISSIONER CARON: Yeah, question. Do you usually advertise more than two weeks out? MR. BELLOWS: It has to be at least 15 days. And sometimes we try to -- you don't want to cut it to the last second, so we try to get it done a little bit earlier than the 15 -day limit MR. SCHMITT: We also have a lead time. We provide the ad and the backup material to the Clerk's Office so they can get it to the Naples Daily News. So there -- sometimes it's almost 20 days in advance by the time everything is packaged and sent. Page 3 6 a h 161 Jay 2. 2009 COMMISSIONER CARON: Usually they've been running pretty -- MR. BELLOWS: Yeah. COMMISSIONER CARON: -- close to that 15 -day period, that's why I was asking. MR. BELLOWS: Yeah, we try to -- MR. SCHMITT: Is this a I0 -day ad or -- MR. BELLOWS: I believe these are all 15 days. CHAIRMAN STRAIN: Okay, well, just something we can try to do better in the future. Item #5 APPROVAL, OF MINUTES -- JUNE 2, 2009 SPECIAL MEE HNG;_JUNE 4, 2009 CHAIRMAN'S STATEMENT OF RECORD With that, we'll move to approval of minutes. And we have two sections. One is for minutes of June 2nd, 2009. Is there a motion to approve`? COMMISSIONER VIGLIOTTI: So moved. CI ]AIRMAN STRAIN: Mr. Vigliotti. Is there a second? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Ms. Homiak, thank _you. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOI11 Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. The next one is the minutes for the sign code ordinance on June 4th -- or actually, the sign code ordinance and June 4th is the way it's read. Anybody -- motion to approve. COMMISSIONER CARON: I think you're the only one who can do that, because you were the only one here. CHAIRMAN STRAIN: Is that the day? Oh, well, I make a motion and I second it and I approve my minutes. If that's the day, that takes care of that. Are we sure that is the day? COMMISSIONER CARON: Yes, it is. I'm looking at it. CHAIRMAN STRAIN: This is the sign code ordinance and June 4th. Let's just do them separately then. The sign code ordinance, the minutes for those, is there a motion to approve those'? COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER CAROM: That's what you just approved, right? Page 4 161 1 July 2, 2009 CHAIRMAN STRAIN: No, there's two of them. There's June 4th, which is the one that you're referring to, and I lumped them together. I should separate them out. So there's a motion to approve by Mr. Vigliotti for the sign code ordinance minutes. Is there a second? COMMISSIONER SCHIFFER: I'll second it, Mark. CHAIRMAN STRAIN: Mr. Schiffer seconded it. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. As far as the June 4th minutes go, nobody else was here but me. And I like the way they're written. They're fine. You did a great job, Cherie'. That was a difficult day, wasn't it? fi"i °it BCC REPORT — RECAPS —JUNE 23, 2009, REGULAR MEETING Okay, BCC report. Ray? MR. BELLOWS: Yes, the Board of County Commissioners heard the variance for the Red Roof Inn. That was heard on the regular agenda. And the board approved it 5 -1, subject to staff stipulations, which included the two wall variances on the building, but denial of the pole sign variance. And the two other items, the Avow Hospice PUD rezone and the variance for the boat dock was approved on the summary agenda. CHAIRMAN STRAIN: Okay, thank you. Chairman's Report. We don't really have any today. Item #8A PETITION: CU- 2009 -AR- 14137. ST. MONICA'S EPISCOPAL CHURCH, INC. So we'll go right into consent agenda item. And it's Petition CU- 2009 -AR- 14137, St. Monica's Episcopal Church. That was the item we heard last time. We gave instructions to the applicant, they submitted new paperwork. Does anybody have any comments on the paperwork that was submitted? Mr. Wolfley? COMMISSIONER WOLFLEY: I remember we talked about this, and it was about item number Page 5 �6 0 July Z. 2009 one of the seven items, that no parking would be allowed along Autumn Oaks Lane for pickup and drop -off. And I remember we talked about monitoring that, and that I believe it said we were just going to rely on people calling in, if there was a problem with that. I just don't know if it's going to get into a swale monitor or if anybody on the road's even going to know any difference, since that's the way it's being done now. That was my concern when I went through that, and I don't remember what we came up with. CHAIRMAN STRAIN: I don't remember any more than us bringing up as an issue and -- COMMISSIONER WOLFLEY: I know. CHAIRMAN STRAIN: -- acknowledging that it would have to be self- monitored. And I don't know of anything -- we can't go back and change what we already did. COMMISSIONER WOLFLEY: No, no. I just was trying for my own clarification. Cl AIRMAN STRAIN: That seems to reflect all I remember of it. Heidi, I notice you're here, so do you have any -- MS. WILLIAMS: Good morning. For the record. Heidi Williams, Senior Planner with Grady Minor. THE COURT REPORTER: Would you like me to swear her in? CHAIRMAN STRAIN: Oh, yeah, I'm sorry. You'll have to swear in, since you are speaking. Thank you (Speaker was duly swom.) MS. WILLIAMS: We actually held our pre - application meeting yesterday for the site development plan. And Mr. Strain, I believe you're correct that we -- we were -- you know, your motion does speak about no parking being permitted on Autumn Oaks Lane. What staff has suggested is that our site plan provide for signs that say no parking on that location, so that it's very clearly noticed to everyone in the neighborhood. And we are considering that with our client. And we don't have a firm response on that, but that is the staffs suggestion, that we actually place signs in that location. COMMISSIONER WOLFLEY: Who's going to pay for those signs? MS. WILLIAMS: 1 assume that would be the applicant. COMMISSIONER WOLFLEY: You assume it's the applicant. What happens when normal bus pickup for children that live on that road that get bussed to other schools, are they not going to be allowed to park there and wait for their children? MS. WILLIAMS: I haven't looked into the location of the actual school bus pickup and drop -off. And I don't think that when they stop to pick up kids that's considered parking. They don't turn the car off. It's not being -- kids get on, they leave. I think if you're not at that bus stop, they leave without you. So I don't see them sitting there. COMMISSIONER WOLFLEY: Well. I just looked at it as the same thing. One's a -- it's just two different schools. Not that it's a big deal, it's just that I'm wondering if we're not being right to the people who live on the street. So that was my issue. item? CHAIRMAN STRAIN: Okay. Anybody else have any concerns with the St. Monica's consent (No response.) CHAIRMAN STRAIN: If not, is there a motion to approve? COMMISSIONER CARON: Motion to approve. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by Mr. Murray, motion made by Ms. Caron. Discussion? Page 6 (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARLN: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN Item #9A Motion carries 8 -0. Thank you. July 019 1 �1 PETITION: BD- 2009 -AR- 14192, MONTE CARLO CLUB CONDOMINIUM ASSOCIATION, INC. The next petition is our regular hearing petition, PD- 2009 -AR- 14892. It's the Monte Carlo Club Condominium Association, Inc. Lots one and two, Block B, Baker - Carroll Point. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of Planning Commission? And before we do that, I'd just like to get advice from the County Attorney. Are the disclosures needed for the rehearing of this now and that occurred since the last time it was heard, or do we have to go all the way back from prior to the last time it was heard? MR. KLATZKOW: You already disclosed the prior one, so it's just between then and now. CHAIRMAN STRAIN: Thank you. Okay, disclosures? Ms. Caron? COMMISSIONER CARON: Yes, I've spoken to the petitioners agent, Mr. Yovanovich, and I've spoken to Mr. Burkhard. petition. CHAIRMAN STRAIN: Okay, Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I had a phone conversation with Mr. Yovanovich regarding his CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: And I had a brief conversation with Mr. Yovanovich just this morning. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: And mine was quite brief with Mr. Yovanovich. CHAIRMAN STRAIN: Ms. Homiak? COMMISSIONER ITOMIAK: I spoke to Mr. Yovanovich also. CHAIRMAN STRAIN: And I did too. And whatever we brought up will be brought up again for discussion today. So with that in mind, we'll move into the hearing then -- or the presentation. MR. YOVANOVICH: Good morning. For the record, my name is Rich Yovanovich, and I'm Page 7 ,1 6 X09 1 /b i representing the applicant in this matter. I have Rocky Scofield and Quin Kurth, both of Turrell, Hall and Associates, here to answer any questions you may have regarding this petition. Most of you -- I think all of you except for Ms. I Iomiak have heard this petition in the past. The original request was for a boat dock extension for a total extension in the waterway of 35 feet. That request was basically for an extension of 15 feet over the 20 feet that's allowed under the code. We have submitted a new request, and that request is for a total extension of 30 feet into the waterway, which is a 10 -foot boat dock extension request. That is consistent with the 14 existing boat slips at the property. They extend a total of 30 feet out into the waterway from the seawall. When those docks were permitted, the code measured the extension from the property line. Those were permitted in 1988. The code was changed I believe in 1991 to require that you use the more restrictive of the property line, or the seawall in this particular case. Thus these new docks would require an extension because the 20 feet would be measured from the seawall, versus the property line. So that is what our request is. It's a 54 -unit condominiwn. We're asking for a total of 34 boat docks, 20 of which are new, 14 of which are existing. That is consistent with your criteria that there be one dock per multi - family slip -- multi- family unit. We have, since submitting the petition, met with representatives of the Vanderbilt Association up in that area. Mr. Burkhard is here. I believe that the association is not in opposition to the current request of the total extension of 30 feet. I could go into a much more detailed presentation. if you need me to, but your staff report in the backup information is all before you and you've heard most of this before. Rocky can answer any questions you have regarding specifics of the petition, if you need to. But with that, we're requesting that the Planning Commission approve the boat dock extension. Your staff is again recommending approval. And again, we believe that the documentation submitted supports that the criteria required to be evaluated for a boat dock extension have been satisfied. CHAIRMAN STRAIN: Okay, are there questions of the applicant? Anybody? Ms. Caron? COMMISSIONER CARON: Yeah, 1 want to go to the secondary criteria. And if you look at the very first one, it says whether there are special conditions not involving water depth related to the subject property or waterway which justify the proposed dimensions and location of the proposed dock facilities. So you need to -- in order to request an extension, you need to have some sort of special condition. And it suggests that you might have a particular shoreline configuration. And I would relate that to the boat dock extension we did for the Wafapoor (phonetic) dock. That was a very specific shoreline issue. Or if there are mangroves or sea grass beds that you must avoid. The criterion answer here says that because there's a seawall and you've designed something to be perpendicular, you're using that as a special condition. And l don't understand. There's nothing special -- there's nothing requiring a boat dock extension based on that criteria. MR. YOVANOVICH: Well, there's also the fact that in this particular case the seawall is 10 feet into the property versus onto the property line itself. And also the change in the code that occurred since the project was originally started with the 14 original docks and now the subsequent docks. So those are also, I would consider, special conditions applicable to this particular project that are not related to water depth. COMMISSIONER CARON: And 1 think that that's what it should say. MR. YOVANOVICH: Okay. 1 understand. COMMISSIONER CARON: Because right now this is not -- I could say to you it doesn't really matter, because A, you've got a dredge permit, so the seawall is not affecting you. B, you could put the Page 8 161 July 2, 2009 I �J docks parallel. You wouldn't be able to get as many, but you certainly could do that and then you wouldn't need extensions either. So I just want -- if everybody's going to make a big issue on the criteria and how the criteria gets used, then we need to start being specific about really what the special condition is. And this is just -- this isn't that. At any rate, beyond that, I would just like to say that I thank Mr. Burkhard and Mr. Yovanovich for getting together on this situation. I appreciate the fact they managed to come to an agreement. Thank you. CHAIRMAN STRAIN: Okay. Any other questions? Mr. Wolfley? COMMISSIONER WOLFLEY: Do we -- I looked at some stuff regarding the criterion. Do we know the linear property length along the waterway there? MR. YOVANOVICH: 712 feet. COMMISSIONER WOLFLEY: 712. And how much will the -- and how much will the -- once the boat docks are in, how many lineal feet will that take up of that property line, of the 712 feet? MR. SCOFIELD: For the record, Rocky Scofield, representing Monte Carlo. If you look at the aerial there, there's a 25 -foot setback on the south end. And on the north end we have 32 minus the eight. It's more than the 15 feet there on the north end. So the setbacks, if you take off the 25 feet and you have another 15, it's 40 feet off of the 712. You're around 370 -- excuse me, 670 feet -- or less than -- it's probably less than that, because there's more on the north end also. Is there a reason for that, I mean, your question? COMMISSIONER WOLFLEY: Yeah, there is. And I'm questioning criterion number three of the second criteria where it discusses single - family MR. SCOFIELD: it's not applicable. COMMISSIONER WOLFLEY: I understand that. And this is a multi - family. And why we are judging a multi - family with a single- family criterion is to me not applicable. And it should be multi - family. I mean, all of a sudden it takes up the entire -- except for the setbacks, it takes up the entire length of the property line. CHAIRMAN STRAIN: Mr. Wolfley, we really need to stick to what the laws in the code say are -- this isn't applicable. I mean I know you may want to think -- you may wish it wasn't, but the point is, it is. We've got to read it as it applies. It doesn't apply so, I mean, I guess we could philosophize about how we'd like to change the code, but I don't think that's a problem for the applicants at this meeting. Is that where you're trying to go? COMMISSIONER WOLFLEY: Well, I was reading over the Board of County Commissioners -- CHAIRMAN STRAIN: Well, they can recommend a code change if they want to. But we can't impose that on this applicant. This isn't the forum for it either, really. If we have a condition in the code that we don't like, then the Board of County Commissioners, upon a recommendation, can ask staff to change it. So that's -- COMMISSIONER WOLFLEY: Okay. And what I was next going to say is I just wanted for the record that I think that that ought to be changed in the future and that ought to be looked at. CHAIRMAN STRAIN: Mr. Klatzkow? MR. KLATZKOW: You can make a motion. MR. SCI­ MITT: And the Planning Commission has the authority to make recommendations for changes if there's a consensus. MR. KLATZKOW: You can make a motion, sir. And if you get this board -- enough commissioners to hear it, the recommendation will go forward. Page 9 6 a ib� my 2, 2009 COMMISSIONER WOLFLEY: Well, then I recommend that if we're speaking of multi -unit -- multi- family dwelling units that we ought to have a law that -- or ought to have a ruling here on the criterion that addresses that, and not discussing single - family criteria. CHAIRMAN STRAIN: Well, under the new subjects or old subject, if you want to add a discussion of this to today's meeting, you're more than welcome to. 1 think we ought to separate it out from this particular discussion though, and finish up with this hearing first before we get into a new subject. COMMISSIONER WOLFLEY: Al- righty. CHAIRMAN STRAIN: So when we come up for new or old business, David, if you want to add it, feel free and we can discuss it. Is there anything else? (No response.) CHAIRMAN STRAIN: Richard, I have one concept I want to understand. The docks that already exist go out 30 or 32 feet from the seawall. The seawall in that location is set 10 feet back in from the property line, as is the seawall on this entire project. MR. YOVANOVICH: Right. CHAIRMAN STRAIN: Do you know at the time this project was designed if it was intended to be set back 10 feet to -- because at that time the distance of a dock was measured from the property line. So that would have given them 30 -foot docks by design and still not exceeded or needed more or less an exception to the boat dock length because at the time they would have been consistent out to 20 feet. Even out 20 feet to the property line, even though they would have had a 30 -foot dock. I'm just curious, did someone think that far ahead and then the rules changed afterwards`? MR. SCOFIELD: 1 don't believe so. I go through a lot of these things. And when communities were platted, platted -- you know, when they started dredging these communities all over Naples, and I see this all the time, the shorelines don't necessarily follow the plats. Because once they get in there, they dredge it, they put a seawall in, and it may be within 10 feet of that property line. Could be out further, could be in further. 1 see it all the time. And I think that's just a result of the contractor's dredging and putting in a wall that's not actually surveyed and connected to the actual plat. And that's how that happens. It goes both ways. CHAIRMAN STRAIN: Okay. Well, this property seemed to be unique in the way it was laid out. I didn't know if that was a forth -- understood planning concept they did at the time based on the law at the time and the law changed and now that concept doesn't apply as equally as it did in the past. I was just curious. Okay, that's the only question I had. Anybody else have any others? Ms. Caron? COMMISSIONER CARON: Just based on a comment you made. It is my understanding that the existing docks are just 30 feet, not 32 feet -- MR. YOVANOVICH: Yeah, they're out -- COMMISSIONER CARON: -- is that correct'? MR. YOVANOVICI L The dock is out 30 feet. COMMISSIONER CARON: From the seawall. MR. YOVANOVICH: From the seawall. CHAIRMAN STRAIN: Okay, anybody else? (No response.) CHAIRMAN STRAIN: Thank you, we'll hear from the staffat this point. MS. CASERTA: Good morning, Ashley Caserta, Senior Planner with the Department of Zoning and Land Development Review. Page 10 161 9 As you're aware, we've seen this request before as AR -9061. And today we are here with a similar request that is five feet less of an extension, so a protrusion of 30 feet into the water. I've received three letters and I e- mailed them and I brought a couple copies, if anybody needs one. COMMISSIONER WOLFLEY: I only recall receiving one of those letters. There were three? MS. CASERTA: There's three. CHAIRMAN STRAIN: You guys, when you talk, you've got to be on the record, so -- MS. CASERTA: Yes, three letters. 1 sent them out as one attachment earlier this week, I believe. Staff review indicates that the request meets all of the applicable criteria, both primary and secondary, and a recommendation to approve is included in the staff report. And that concludes my presentation. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Ashley, is this site within the Vanderbilt Beach Overlay? MS. CASERTA: Yes, I believe it is. COMMISSIONER SCHIFFER: Is this facility a manna? MS. CASERTA: I'm song? COMMISSIONER SCHIFFER: Would this facility be considered a marina? And the reason I'm asking is, in the overlay marinas are conditional uses. In the overlay it refers you to 505.2 which states that anything over 10 slips is a marina. MS. CASERTA: Is that per the Manatee Protection Code? COMMISSIONER SCHIFFER: Well, it will get into there, but -- MS. CASERTA: This is a residential zoning end use. Now, as far as the Manatee Protection Plan, it might be, but I'm not familiar with that. But as for the code, it is multi - family residential. There's no commercial use at all on the site. COMMISSIONER SCHIFFER: But the definition of marina in our code doesn't require it to be commercial. And the section on marinas just states it's applicable to all -- MS. CASERTA: I'm sorry to interrupt. I'm having a hard time hearing you. COMMISSIONER SCHIFFER: Okay. The definition of marina doesn't state that it has to be commercial. In the marina section of the code that's referenced by the overlay, it states that it's applicable to any multi -slip docking facility with 10 slips or more and all manna facilities, under the title of marina. So just -- Ray? MR. BELLOWS: Yeah, for the record, Ray Bellows, Zoning Manager. The Land Development Code specifically says under the commercial zoning districts, commercial marinas. Residential -- multi - family residential zoning districts are allowed boat docks as accessory uses, and that's how this petition is being applied as, not as a commercial marina. "their definition may not clearly define that difference, but -- COMMISSIONER SCHIFFER: But in the overlay, it states as a conditional use marinas as per 505.02. And 505.02 does bring in multi -slip facilities -- MR. SCHMITT: No. COMMISSIONER SCHIFFER: -- and then commercial. MR. SCHMITT: Not applicable. It's not a marina. Marina clearly states there has to be a ship store, another activity associated with commercial operation. This is a multi -dock facility but it is not a marina, as per the definition of the LDC. COMMISSIONER SCHIFFER: The definition of marina in the LDC says it can have one or combinations of the above, one of which is just, you know, dock slips. So there's nothing in the definition of marina that states it has to be a commercial. MR. SCHMITT: Well, we differ on application of the code and I guess if that's your opinion -- Page I 1 16 1 lbi July 2, 2009 COMMISSIONER SCHIFFER: Just a question. Obviously you're saying no, it does not have to meet the conditional use. Actually, running down some of the criteria, in the application they really don't state the length, type and draft. They state the length as 30 feet, but the type and draft of the boat. So when you gave them that approval, how did you know that the boats wouldn't fit after they dredge it? In other words, they're intending to go in, dredge out the area. So essentially they would be able to I assume moor the boat that they're defining, other than the length, correct? MS. CASERTA: Is there a specific criteria you're referring to? COMMISSIONER SCHIFFER: Number two of the primary. MS. CASERTA: Again, on this one, that is described in the petitioner's application, so really we rely on the professionals, the petitioners, to provide that information to us and describe it in their application. I'm not a biologist or someone that is going to understand these depths and drafts. That's not my training. COMMISSIONER SCHIFFER: But I think the intent of two is that if the water area is so shallow, then they obviously need to extend the dock to get to deeper water. MS. CASERTA: Sure. COMMISSIONER SCHIFFER: You know, in this case, since all they're describing is a length that they want, they're not discussing the draft or anything, they are discussing the fact that they're going to dredge out, which essentially would give them the depth they need. So should we not -- you know. I mean. I'm not sure the criteria is met here, because they're going to achieve the water depth by dredging. I mean, I think -- MR. KURTH: Good morning. For the record, Quin Kurth of'furrell, Hall and Associates. To answer your question, we're requesting a total protrusion of 30 feet, meaning we can keep a boat 27, 28 feet long overall. With that, a maximum draft of two, two and a half feet would be attained. In addition to that, our state permit requires a one -foot clearance between the bottom of the vessel and total depth. COMMISSIONER SCHIFFER: But will after you do the dredging is the water too narrow to put a boat of-- MR. KURTH: We're dredging to minus tour mean -low water. Minus four feet mean -low water. Meaning that mean- average low tide you have four feet of water with a 2846ot boat drafting two feet, you still have plenty of clearance. COMMISSIONER SCHIFFER: The criteria states that all you have to do is be able to moor the boat. I mean, I know you want to get underneath it. But -- what is the dimension you need to moor the boat? MR. KURTH: The dimension? The draft'? COMMISSIONER SCHIFFER: At that low tide. MR. KURTH: At that low tide? COMMISSIONER SCHIFFER: Right. MR. KURTH: I mean, I can't specially give you a depth. Because, you know, whether it's a 16 -foot boat or a 28 -foot boat, they have a draft I would say between say 10 inches and -- 30 inches? MR. SCOFIEL.D: Excuse me, Rocky Scofield for the record. Also, Mr. Schiffer, they -- you know, we're also putting in boatlifts. Boatlifts require about 18 inches. There may be some tides that they can't get it on, but a lot of times the dredging -- you know, that's why we also dredge, so we can get these lilis down and try to get the boats on at any tide. And we need 18 inches beneath the boat to lower that lift and the cradle beams so it doesn't lay on the bottom. So that's another reason. COMMISSIONER SCHIFFER: Okay, my problem is that we're forced to stay on the black ink of Page 12 July 2, 2009 the criteria. And it doesn't state that we have to give you the room to put it on a boatlift. It says you have to be able to moor it. We could stretch -- it does say you have to be able to launch it, so I could see you may hang on the argument that if you have it on a boatlift and the water's too shallow you can't launch it, so -- MR. SCOFIELD: Right. COMMISSIONER SCHIFFER: Okay. Let me move on with Ashley then. I also had that question Donna has on number one. What is the special condition here other than the depth of water that exists? The seawall can't be it. Everybody in that neighborhood has seawalls. MS. CASERTA: True. COMMISSIONER SCHIFFER: Going perpendicular can't be it, because you can go 20 feet perpendicular. MS. CASERTA: Right. In my opinion it was because of the existing docks and they were just staying in consistency with the existing docks, doing the same things that the docks that were already there, and just extending them along their seawall. And 1 think that is a special condition, since they are existing there. COMMISSIONER SCHIFFER: Okay. So the other docks are lonely. Number three, it's not a criteria that's applicable, so I guess we assume we're met. If it's not applicable, does that mean we meet the criteria or ignore the criteria? Remember, were counting criteria here. MS. CASERTA: Yes. In my opinion, since there are six secondary criteria, we would just eliminate that one altogether and not count it as not counting or counting. It would just be a moot point. COMMISSIONER SCHIFFER: Okay. And in number six, the manatee protection, there's no real backup showing that this went through. In the manatee protection, there's different status of boat dock locations, preferred, moderate and everything. Do you recall how this thing came about, where this came out? It isn't a manatee zone that requires idle speed throughout that whole area. MS. CASERTA: I have had correspondence with Susan Mason from the environmental department, and I think she may be prepared to speak. And I've brought a copy of the site development plan insubstantial change that has that information on it. You want me to get that? MS. MASON: Good morning. For the record, Susan Mason, Engineering and Environmental Services Department. The Manatee Protection Plan review was actually performed substantially under the SDPI that Ashley just referred to. And their site, I know it's a moderate site and that they are requesting less docks than they would be allowed to have. 1 don't know the exact numbers, I don't have that information with me. But I imagine that Mr. Kurth would probably be able to supply more details for you. COMMISSIONER SCHIFFER: Okay. So -- but the question really is, it came out to be a moderate dock. I guess since it's in a low speed zone, even a preferred -- or the lowest rating, a protective, would move up to moderate because they're going slow, so -- MS. MASON: I'm sorry, I don't know the details. But I do know -- COMMISSIONER SCHIFFER: But the density -- MS. MASON: -- with the amount of shoreline they have and the density they requested, it was less than that. COMMISSIONER SCHIFFER: All right, thank you, I'm done. COMMISSIONER CARON: Susan? CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Before you go -- CIIAIRMAN STRAIN: Then Mr. Murray. COMMISSIONER CARON: -- in the Manatee Protection Plan is there not a recommendation in Page 13 161 1 f�� July 2, 2009 this area for drafts of three foot or less? MS. MASON: I do believe in this area that there is for three feet and less. And the length -- the depth they were referring to is less than that. COMMISSIONER CARON: Yes. exactly. Thank you. CHAIRMAN STRAIN: Okay, Mr. Murray. COMMISSIONER MURRAY: I have a question for either Susan or for Ashley, whoever's appropriate here. But under your recommendation -- so 1 assume it's you, Ashley -- number four, once before we had this conversation about all prohibited exotic species, and we directed that that be removed. And it's in there again. And I'd like to understand why. We're trying to figure out what exotic species we're going to find at the bottom of the water. MS. MASON: For the record again, Susan Mason. It's not exotics that are in the water, it's in the development area, which would be that site. And it does require that the -- the Land Development Code in a couple different sections refer to the requirement for removal of exotics in each phase of construction. It's in 4.06.05.F.3. And also in 3.05.08.A.3.B, that in each phase of an SDP they need to remove exotics prior to C.O. So it's really kind of a standard thing. Certainly removing that condition would not affect whether or not the exotic removal was to be performed. It's required. COMMISSIONER MURRAY: Well, we had this conversation previously, and I think that was the same conclusion that was reached. So it was a recormmendation. I think it was stronger than that that, that we remove that. But if you're citing the LDC, would not the original buildings, the actual club and all the structures, would they not have been required to conform to those? MS. MASON: Perhaps not. It depends on when they're built. And from looking at this area of the county, it may be old enough that that wasn't an original requirement. But when people come in for improvements, in certain cases they have to come up to more contemporary -- COMMISSIONER MURRAY: So then I ask this question: If these are for boat docks and they're strictly wood and so forth going into the water and you're employing that, does that now mean it's retroactive to the building and to the rest of the facility and they're now required to go into a program? MS. MASON: It would be because of the SDP. Since they have to amend their SDP, that's where the consideration -- COMMISSIONER MURRAY: Kind of a back door type of thing. I don't know. Well, I certainly don't think it belongs there for boat docks. Cl IAIRMAN STRAIN: Susan, to follow up with Bob's comment, though, if that wasn't there and they weren't asking for the boat docks, could they grow exotic species on that property? So, l mean, they can't do it regardless, so why -- and again.. I think Bob's right on the target that we previously commented, this is one of those paragraphs that's redundant. It's already stated clearly in the LDC and you don't really need it. MS. MASON: Right, 1 understand that. A lot of times, you know, we do still have some of these lingering comments and we do our best to try to get rid of them. With exotic vegetation, there is a lot of surprise for people when that becomes a requirement of some improvement. And I think there is a little -- since it can be expensive, depending on the site -- I don't anticipate this one would be, because it's largely manicured -- but some locations are unpleasantly surprised at how expensive it can be. And bringing it to their attention is more for the applicant's benefit. But I'll try to make sure that we get rid of those and any of the fi ture ones that you see. CHAIRMAN STRAIN: Thank you. MS. MASON: If it's on the one in two weeks, I'm sorry. Page 14 1 7uly 2, 200" V CHAIRMAN STRAIN: Donna? COMMISSIONER CARON: Well, except that it would require a Land Development Code amendment, not just removing it from criteria. Because these criteria are in the Land Development Code. MS. MASON: Right. But it's like since this is a condition of approval, we don't have to reference everything that's required by Land Development Code in our conditions of approval. CHAIRMAN STRAIN: Any other questions of the staff at this point? (No response.) CHAIRMAN STRAIN: I have one, Ashley. 1 think I heard earlier that the Manatee Protection Plan limits the draft depth to less than three feet. Is there any reason why that couldn't be in the staff recommendations, that we stipulate that there be no drafts in excess of three feet on this property? And the reason I'm suggesting that is, it's not in our Land Development Code, it is in the Manatee Protection Plan. That plan could be amended, and it's an old plan to begin with, and it wouldn't surprise me if down the road better science required the plan to be amended. It would be nice to know this one's locked into its depth by an ordinance as well. MS. CASERTA: Sure, there's no reason why that couldn't be in the staff report or the resolution. CHAIRMAN STRAIN: Is that any problem for the applicant? I heard them earlier state they're only looking at two and a half to begin with. But if it's three feet maximum, I don't know where the problem would be with that. MR. YOVANOVICH: I'll give the short answer as no. CHAIRMAN STRAIN: Good, thank you. MR. YOVANOVICH: Then we don't have to -- CHAIRMAN STRAIN: I'll accept your short answer. MR. YOVANOVICH: I'd like to give a longer one, but I'll take that. COMMISSIONER CARON: No, you wouldn't. CHAIRMAN STRAIN: Okay, are there any other questions of staff or applicant before we go into public speakers, if there are any? (No response.) CHAIRMAN STRAIN: Ray, do we have any public speakers? MR. BELLOWS: Yes, we have one public speaker, and that is Bruce Burkhard. CHAIRMAN STRAIN: And Bruce, you know the routine, so -- MR. BURKHARD: Good morning, Commissioners. For the record, my name is Bruce Burkhard, and I'm a representative of the Vanderbilt Beach Residents Association. We did indeed meet with Mr. Yovanovich and discussed the configuration of the docks. As you probably know, our association primarily is concerned with protecting our neighborhood environment and trying to keep it essentially attractive and keep it from being overdeveloped. And one of the things that we're always concerned with is setting precedence. And the original application called for a 35 -foot dock extension, which we felt was excessive for the area. The 30 -foot configuration, as shown, is a unique situation I think as Mr. Yovanovich and Mr. Scofield have pointed out in that the docks, although they're 30 feet, were originally 20 feet measured from the property line, which was the criteria at the time. Now we're dealing with most restrictive. We felt it would be excessive and really unnecessary and maybe even unsightly to require that they shorten the docks to meet the new criteria, the 20 feet from the seawall. You'd have sort of saw tooth uneven appearance. So for appearances sake for the neighborhood and also for precedent, we feel that in this case 30 feet is acceptable. However, we want to make sure that 30 feet is not going to be a new standard for the Page 15 1 6 y July 2.2009 county, that we would like to make sure that most restrictive is measured now from the seawall. And the criteria calls for 20 feet as a standard, and we think it should stay as that. However, in this unique situation, we're willing to -- we felt that going along with the applicant's request was a reasonable situation or reasonable compromise. And that's -- CHAIRMAN STRAIN: Thank you, we appreciate your time you took for your organization to work with the applicant, too. That does help these public meetings. Appreciate it Bruce. Thank you very much. Any other questions? (No response.) CHAIRMAN STRAIN: Any other public speakers, Ray? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Any rebuttal on the part of the applicant? He's not moving, so we'll close the public hearing and we'll entertain a motion. Before we do, I'd just like to mention there were two things that we discussed that the motion maker may or may not want to include, depending on the motion. One was that we eliminate staff recommendation number four, due to its redundancy. And the second one was that we consider adding a statement that there would be no boat drafts in -- boat drafts would be limited to three feet or less. COMMISSIONER MURRAY: I would make that motion. CHAIRMAN STRAIN: Okay. Mr. Murray made a motion with those two stipulations. Is there a second" COMMISSIONER CARON: I'll second. CIIAIRMAN STRAIN: Mrs. Caron made a second. Discussion? (No response.) CHAIRMAN STRAIN: I have one thing I'd like to say for the record. that I wish that this county would do a loading study on its estuaries. They have been done in other parts of the United States. I have several of them in my possession. A loading study would tell us what the waterways in impacts they can take, just like a concurrency study does on our road system. We haven't done that. And that criteria then cannot I don't think reasonably be held against these applicants. But it sure would be handy to know that there is a possibility of overloading an estuary inlet by either depth or size or quantity of boats. That involves a whole pile of things. But until that's done, the issue I have with this I can't impose on the applicant and 1 don't intend to, so I'll be going along with the motion. Is there any other discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA`l : Aye_ CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER C:ARON: Aye. COMMISSIONER VIGLIOTTL Aye. CHAIRMAN STRAIN: Anybody opposed? Page 16 161 1 July 2, 2009 (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. Thank you very much. Okay, we have old business and new business. Mix them up together. Mr. Wolfley, did you want to bring up a discussion under old or new business? Item #10 OLD BUSINESS COMMISSIONER WOLFLEY: Well, yes. In reading over the BCC's review of this petition, it became apparent that everything seemed to be based on the criteria, the primary and secondary criteria. And I believe it was also intimated that why do we even go over this if the staff, you know, shows that there is a meeting of the criteria, four out of the five and four out of the six. And I think that the criteria may be flawed, especially when it comes to multi - units. And maybe even in the -- what I thought was that if we were doing a commercial variance using single - family variances as the criteria And I just -- I feel that when we're talking about multi - family units the criteria should not be the same as for single - family units. CHAIRMAN STRAIN: Okay, but I think then what you're suggesting is that staff go back and look at the primary and secondary criteria to see if they could be better worded relevant to a wider range of slip applications and come back to us with suggestions or recommendations. Is that what -- COMMISSIONEM WOLFLEY: Yes. CHAIRMAN STRAIN: -- you're suggesting? COMMISSIONER WOLFLEY: It has very much to do with what you just mentioned about overloading of the estuaries, and that's where I was going. CHAIRMAN STRAIN: And I'm not sure how staff could apply the overloading application to that without doing the study that I referenced. And that's unfortunately a costly thing. And right now with staffs limited time to do anything, it's a matter of when this could be looked at. But I think the criteria -- the soundings I heard from the Board of County Commissioners led to the same issue, that these need to be looked at and possibly tweaked for future applications, and maybe an application where some of them are done by staff or -- depending on how the criteria come down. I don't see it as a bad idea and I think it would follow the direction of the BCC. And it would take this board's recommendation to get that moving. Does anybody on this panel see a reason why we shouldn't be moving in that direction? COMMISSIONER SCHIFFER: No, not at all. CHAIRMAN STRAIN: Mr. Wolfley, you want to make a motion that we request staff -- oh, Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I just wanted to say -- and I really think we should revisit the boating. I mean, this is a boating community. And the 20 -foot and the way we've argued it in the past, it would be good to totally come up with a different way to approach what boating's allowed, other than a number like 20 feet. CHAIRMAN STRAIN: Why the criteria was established at 20 feet and then the primary and secondary criteria in their methodology for application. MR. SCHMITT: I'm somewhat confused. Because I thought we addressed that when we last came to you to talk about the boat dock and boat dock criteria. Now we're opening that whole discussion again. I thought we settled that when we basically discussed the history of the boat dock extension. Are you asking Page 17 V 161 1r�i July 2, 2009 to bring that entire -- CHAIRMAN STRAIN: No, I think -- MR. SCHMITT: -- discussion back again? CHAIRMAN STRAIN: When we had this discussion last time, it was really on how to apply the existing criteria to this particular case, based on comments made during the first discussion of this case. MR. SCHMITT: Yes. CHAIRMAN STRAIN: That's the only limitation I saw on that. What we're asking now is I guess in somewhat alignment with the Board of County Commissioners. Some of the criteria doesn't seem to apply in all cases, or there may be more definition needed in how to apply the criteria. There was a question why 20 feet is the magical number. Maybe it should be a different number based on the way boating is being done. MR. SCHMLfT: I believe that Jeff, your staff had done a pretty thorough research on that. I think Heidi did a pretty thorough analysis. Go ahead. Jeff. MR. KLATZKOW: I'll say what I've been saying all along, okay, nobody knows why we have 20 feet. And since nobody really knows why we have 20 feet, nobody really knows why we have these criteria for what in essence is a variance of 20 feet. Now, Mr. Strain, your remarks as to loading capacity are dead on, because you really can't get into should it be 20 feet. should it be 30 feet, how many docks should we have per linear feet. unless you really talk about -- you know, I'll talk about a level of service with the various waterways. That's a very expensive process to try to figure out something along those (sic) nature. But I think I sort of agree with you, until you figure out what level of service you want on these boating areas, then the discussion as it should be 20 feet, 25 feet, 30 feet, how many docks should people get, it's secondary to that one issue. CHAIRMAN STRAIN: And right now I don't believe this county's in the position to fund any kind of level of service study on our waterways if'-- I mean, and 1 think something needs to be done, I just don't know how to move it forward at this point. Does anybody have any suggestions? MR. SCHMITT: Understand, if this panel directs it, it will be well over a year before we even look at this. The budgets are to the board. In order to fund for something like that, I'd have to identify -- well, it would have to be a general fund study, funded by the general fund, and 1 -- that money is not available, at least to my staff. MR. KLATZKOW: And quite frankly, we're not -- at least from my perspective, we're not getting a lot of complaints on this issue. I mean, we're getting the occasional boat dock extension, which I think at this point should be an administrative process to meet all the criteria. And then we even avoid that. But until we get an outcry by the public as to these issues, I'm not sure what the point would be. MR. SCHMITT: Is that more important? And t bring up the subject, watershed management plans, which we're still trying to bring to the board to, finish that, which is almost since the late Nineties. And the board was asking to delay that again, and we're bringing that back to the board. The board had already budgeted money. So if that's something that you feel is more important, I'm going to have to take money from -- recommend to the board that maybe they ought to look at spending the money elsewhere. Cl IAIRMAN STRAIN: No, Mr. Murray's going to speak, but the whole crux -- maybe the best thing, just to table to idea and keep track of where we're going and bring it back up at a more appropriate time. Mr. Murray? COMMISSIONER MURRAY: Well, that's possible, certainly. But when reviewing the secondary criteria, if something is applicable to multiple docks and then it Page 18 161 1 July 2, 2009 is excluded because it's applicable to multiple docks, you now have less criteria to work with. And it stipulates it has to be four of the six, or whatever the number is. So you've reduced by one criterion. Now that potentially puts you into a question. So while it's not a big deal, quite frankly, and I agree with Jeff, we don't have a lot of hue and cry, I'm not sure it's necessary to go too nuts on it. But I think it wouldn't be a bad thing to try to work, even if it's a year from now, on the idea of at least considering if it's a single dock you've already had a criterion, if it's a multiple dock what the other criterion would be in its place. Just an alternative for us to work with, rather than reduce the number of criteria for which we have to use as a judgment base. That's my contribution. MR. SCHMITT: Understand also, normally, normally, in a multi - family type development it comes in as a PUD that those docks are normally identified as an accessory use in the PUD. So it's already being discussed as part of the zoning. And then it also is part of the review process, if it's integrated in an SDP review. The only thing you're looking at here is the extension of the boat dock. So there are times when it's -- that debate has already been aired as far as how many docks and what's applicable. Now, the Monte Carlo, I don't know, I can't remember, is it straight zoning or was it a -- COMMISSIONER MURRAY: 1984. MR. SCHMITT: Yeah, '84. But normally the multi - family type developments, it's already a debate. I mean, you know, ones we've had in the past Cocohatchee, The Dunes. Shall I bring them all up? They're normally -- CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I'm very much in agreement with Mr. Strain, that a loading study needs to be conducted. However, I am equally if not more strongly agreeing with Mr. Schmitt that we do not have the money to do that now. When we are putting on hold stormwater management plans and other flooding issue plans, I think this is not the time. It may be something that the overlay can address when they go back to redo some of their issues. So I think at this point it should just be tabled. We're working through the criteria and I think we can, you know -- we can make a distinction between whether or not it's a single - family or a multi - family here and use the criteria to the best of our ability in that way until such time as it could -- we could get a loading study done. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Mark, are you able to send a link to one of those studies? CHAIRMAN STRAIN: I have them in hard copy. I could get them PDF'd and sent to staff, staff could distribute them to you. COMMISSIONER SCHIFFER: Okay, because I'd be curious. And we could just add it to the list of things we may buy when we can afford them again. CHAIRMAN STRAIN: Yeah,1 think that's probably the most cautious approach, I would agree. And my statement about the loading study was just getting it on record. I just -- it's needed. And I'm probably going to do that as often as multi - family issues come up, because it's a -- it's something that we need to look at as we move forward. I know we can't do it now, money is just a problem right now. And 1 don't think anything we don't need to spend we shouldn't be spending. Anybody else have any comments before we close this issue? (No response.) Item #11 NEW BUSINESS Page 19 16 i kf 6 I JUDY 2, 2009 CHAIRMAN STRAIN: Okay. MR. SCHMITT: Can we address the issue again about the next meeting? CHAIRMAN STRAIN: Sure. MR. SCHMITT: Go ahead, Ray. MR. BELLOWS: Yes, l have a note here from Heather Ramirez that the ad went out two weeks ago for the meeting on the 16th. But we still will work with the applicant to see if they will consider going to the August 6th Planning Commission. And just like last time, we'd have to formally continue that item to the 16th. But you don't need everyone to show up, you can -- CHAIRMAN STRAIN: I can just show up and have -- the minutes are really easy to approve in those kind of meetings. Okay, that's fine, because it's on my calendar, and 1 was planning to be here anyway, so that would work. MR. BELLOWS: But we still have to work that out with the applicant. CHAIRMAN STRAIN: If that happens, just e -mail us all and I'll follow up accordingly. MR. KLATZKOW: No offense, but you don't have to work that out with the applicant. I mean, we control the docket here. You can put it over, if you want. CHAIRMAN STRAIN: Well, the only problem is when we make commitments and time frames, we always should stick to them. And we're -- it's a convenience issue, it's not a necessity for us at this point. MR. KLATZKOW: Right. But it's also -- you know, this isn't cheap to put this on. I've got Joe's staff here, I'm here. I've got a court reporter, I've got all you guys. If it's one boat dock extension for two jet skis, and I think that's all we're talking about here. I mean, I'm okay telling the applicant you have to come back in another two weeks. CHAIRMAN STRAIN: Well, I might take that advice, Ray, and see how strong you can be with it. And 1 thought you were pro bono when you were here. But anyway, go ahead. COMMISSIONER WOLFLEY: Like us. CHAIRMAN STRAIN: Brad, go ahead. COMMISSIONER SCHIFFER: Jeff, can we do any kind of a vote to continue it now? MR. KLATZKOW: Yeah, I'm okay with that. And I'll stick somebody at the front door in case anybody comes down here, to direct them that it's been continued. COMMISSIONER SCHIFFER: So let's do that. Save Mark a trip. CHAIRMAN STRAIN: Well_ can we continue something that isn't even on our agenda to continue? MR. KLATZKOW: I'm okay ifyou continue this right now so you folks don't have to be here. CHAIRMAN STRAIN: Okay. MR. KLATZKOW: We'll give the applicant notice. And I'll post somebody at the front door, in case the public shows up, to let them know that this thing's been continued. CHAIRMAN STRAIN: You're the guy. So is there a motion to -- well, wait a minute, we don't even know what we're continuing. You know the -- COMMISSIONER WOLFLEY: How about just no meeting on the 27th? COMMISSIONER SCHIFFER: Mark, I've got an idea. Why don't four of us say we can't make it next meeting and -- COMMISSIONER W0I,1I.1?Y: I won't be able to make it. CI AIRMAN STRAIN: What's the petition number, Ray? MR. BELLOWS: Petition number BD- 09- AR- 14226, the Cowden (phonetic) boat dock extension. CHAIRMAN STRAIN: Okay. So what we're looking for, is there a motion to continue -- COMMISSIONER SCHIFFER: So moved. Page 20 161 16, July 2, 2009 CHAIRMAN STRAIN: -- that petition? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Motion made by Mr. Schiffer, seconded by Ms. Caron. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor to continue that, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTII: Aye. CHAIRMAN STRAIN: Motion carries, and we're going to continue it to the first meeting in August with the discussion. MR. SCHMITT: And understand, August, you've got a lot on your calendar for the August meeting. There's two meetings in August. At least six petitions on the 6th and looks like several, at least six or more on the 20th. CHAIRMAN STRAIN: Good, we might have a full day then. Give Cherie' something to do. Okay, is there any other issues? (No response.) CHAIRMAN STRAIN: Hearing none, there is -- well, there's no public. Anybody from the public wishing -- Bruce, you're the only one, you're shaking your head no. Is there a motion to adjourn? COMMISSIONER WOLFLEY: So moved. CHAIRMAN STRAIN: Seconded? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Motion carries. We're all out of here. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:45 a.m. COLLIER COUNTY PLA NING C7 SION MA C STRAIN, Chainnan These minutes approved by the board one q L L as presented (Z' or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 21 16i � K June 17, 09 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD F.� OF COLLIER COUNTY Fiala AUG 2009 Naples, Florida Henanin, p (,arrj ()i cxmnty ,_.OMT`sslont f's June 17, 2009 Coyle Coletta 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 Michael Boyd Eric Guite' (Absent) Lee Horn 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 Supervi,r Cones: nee: I b L3 0 Page 1x���� 161 1 p June 17, 2009 CHAIRMAN JOSLIN: Good morning, ladies and gentlemen. I'd like to call to order the meeting of the June 17th, 2009 Contractor Licensing Board. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceeding is made, which record includes that testimony and evidence upon which the appeal is to be based. And just for the record, we do have a court reporter that is taking notes and will have a verbatim record of this meeting. I'd like to open the meeting by starting with roll call to my right. MR. JERULLE: Terry Jerulle. MR. LANTZ: Kyle Lantz. MR. LYKOS: Tom Lykos. CHAIRMAN JOSLIN: Richard Joslin. MR. BOYD: Mike Boyd. MR. HORN: Lee Horn. MR. WHITE: Patrick White. CHAIRMAN JOSLIN: Good morning, board members. Staff, do you have any additions or deletions to the agenda? MR. JACKSON: Good morning. For the record, Ian Jackson, Contractor Licensing. Under new business, Edwin Moreles contesting citation will be continued to the next meeting. We have an addition of Tony Kirkland, and he is here to qualify a second entity. And upon approval, I will pass out documentation that you'll need for that. CHAIRMAN JOSLIN: Tony Kirkland was the name? MR. JACKSON: Correct. Under public hearings, Case No. 2009 -07 will be continued to the next hearing. And that's it for additions or deletions. Page 2 161 1, (�2g June 17, 2009 CHAIRMAN JOSLIN: Okay, I'll need a motion to approve the additions and deletions as amended. MR. LYKOS: So moved, Lykos. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: A motion and a second to approve. 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 7 -0. All right. Moving right along, I need a motion for -- has anyone looked over the minutes from the last meeting? Any additions or any changes anyone's found, or otherwise need a motion to approve them. MR. LYKOS: Motion to approve the minutes, Lykos. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Just one topic of conversation as far as the minutes go. There is a case coming before us today in which the minutes were read inside of here as far as the gentleman that's coming before us, again, Mr. Phillips; is that correct? MR. PHILLIPS: Yes, it is. CHAIRMAN JOSLIN: Keep the minutes handy. Motion and a second to approve the minutes of the last meeting. Signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. Page 3 161 1 &� June 17, 2009 CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: No opposed. Motion carries 7 -0. Okay, next thing on the agenda is the end of the month report for Contractor Licensing. There's a few items on here that a couple of us want to go over. MR. OSSORIO: Good morning, Mr. Chairman. For the record Michael Ossorio, Collier County Contractor Licensing Supervisor. This is something that you and I discussed that every month you will get an end of the month report. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: So this is for FY information. If you have any questions, I'm here to answer them for you. CHAIRMAN JOSLIN: Not really any questions for you, Michael, I think you're doing one fantastic job as far as between April and May. At the beginning of the month I had one of your attendants there -- one of your girls that work in your office pulled up the middle of the month and at that time we were pretty much way under citation issuance and dollars brought in. But by the end of the month, I can see where we're almost up to almost as much as we were in the previous months. So obviously the licensing investigator is doing one great job. Anyone else have anything to add or discuss? MR. LYKOS: Michael, how is the progress on the fee review going? MR. OSSORIO: I know that Joe Schmitt and Bob Dunn, our building director, have a contract with a company called PMG, and they're actually doing a study. We've met with them and we've given them all our documentation, salaries of our day -to -day operations, and I61 1 0� June 17, 2009 so they were going to review it and see where we are in a shortfall. So that's where we are right now. MR. LYKOS: Any idea when that study will be done? MR. OSSORIO: Soon. I've asked PMG to come to this meeting, but he had prior engagements and he could not do it. Supposedly he is very keen on licensing issues. He's doing a review for Brevard County and he just finished one in Broward County. So this particular company is very versed in licensing. So that is good news for us. So he's going to target where we need to be at for renewals, fees, licensing fees and the day -to -day operation of contractor licensing. So hopefully we'll get this thing fixed. He's also doing a study on 113, which is the whole building review and permitting department. So he's just not hired for us, he's actually working to look at fees, permitting fees, the whole spectrum. And that hopefully will be in a couple of months. MR. LYKOS: Thanks. CHAIRMAN JOSLIN: Does this have anything to do with the possibility of the -- I know this is a bad topic, but the 32 -hour workweek that the licensing has begun to work as of the 12th of this month? Is there a way that this can be reviewed or changed or maybe modified to where the investigators can be working a five -day workweek again? MR. OSSORIO: I couldn't answer that. I know that we just started the 32 -hour workweek. You know, we're not happy about it. You know, who doesn't like to have unlicensed contractors work Friday, Saturday and Sunday versus -- you know, it is what it is. CHAIRMAN JOSLIN: I can certainly -- MR. OSSORIO: I can see us going back to 40 in a couple of months, but other than that, I couldn't tell you. I think Bob Dunn's here to talk to you today. I think he'll be here around 10:00 when the meeting starts. Maybe you can ask him all those questions. Page 5 161 � p June 17, 09 CHAIRMAN JOSLIN: All right, then we'll defer that until he gets here. Because I do have several questions about that. And I think it's something that the board needs to discuss and find out. We can't -- we've got to make some kind of change here, or try. MR. OSSORIO: I just know our phone is off the hook why we're not working on Fridays -- CHAIRMAN JOSLIN: I understand. MR. OSSORIO: -- and it is what it is. CHAIRMAN JOSLIN: I had a couple calls myself on my personal phone for people that were trying to get a hold of licensing and couldn't because the building was closed so -- all right, moving right along. New business. Is there a Jason Schooley here? Would you please come to the podium here please and be sworn in. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Schooley, before me I have a citation that was issued to you on April 15th of '09; is that correct? MR. SCHOOLEY: Yes. CHAIRMAN JOSLIN: And there was a penalty issued to you for $300 for apparent Workmen's Comp violation; is that correct? MR. SCHOOLEY: Correct. CHAIRMAN JOSLIN: The citation was given to you by Ian Jackson. Mr. Jackson, have you been sworn in already? MR. JACKSON: I have not. (Mr. Jackson was duly sworn.) CHAIRMAN JOSLIN: Mr. Jackson, would you please tell the board the reasons for the citation and what you cited the man for. MR. JACKSON: On April 15th I observed construction activity at 633 Spinnaker, on Marco Island and approached the house and met with Mr. Schooley. There was installation of flooring and/or tile marble, which was determined that Mr. Schooley is a licensed flooring am 16 1 1 1�1� June 17, 2009 and tile and marble contractor. We talked for a while and determined that he was doing the work for his father -in -law, or future father -in -law, I'm not sure of the details of that, for a house that he was going to be residing in. Looking into the license in our database while on -site, it was -- it came up that there was a lack of documentation in the database for workers' comp. coverage, so I wanted to go back and talk with Mr. Schooley about that, get him up to date current with the county so we can get a new certificate for him, insurance certificate. And then it came up that Mr. Schooley had I believe his father and another gentleman by the name of Bernie who were there working with him, and no workers' comp. coverage at that time for those two individuals. And based on that, based on the first offense, I issued the $300 citation for not being properly registered with workers' comp. with the county. CHAIRMAN JOSLIN: Is the license that he has still active? It's an active license but no insurance certificate; is that what the case is? MR. JACKSON: At the time it was not active because of the lack of the updated insurance certificate. At this time I don't have accurate information as to whether he's active right now or not. CHAIRMAN JOSLIN: Okay. Mr. Schooley, would you like to give us a little oversight as far as what went on that day. MR. SCHOOLEY: Well, we started the work there. When Ian pulled up he basically -- we approached out in the driveway and he asked to look around. I let him look through the house. And he walked in and, you know, we were doing the work and doing some painting in the guest bedroom. And he decided to look around briefly, said have a good day, walked downstairs. He spent about 15 minutes or so in his truck. Came back and approached me on the fact that I didn't have coverage for my father who lives in the house, resides in the house with me, and my friend Page 7 obi I 0 June 17, 2009 that was also there helping me out. So I didn't kind of fully understand where we were going with this whole thing of not having coverage, because I don't have any employees and I wasn't getting paid, there was no contract. I was doing the work my own free will myself, so I didn't receive any payment in lieu of my work, so -- my father -in -law had the material itself, I did the work my own. I didn't have any work for about three weeks, so I worked on the house itself. So -- CHAIRMAN JOSLIN: Besides the tile work in the house, did you do any other kind of work on the house? MR. SCHOOLEY: No, we didn't. Just painted the guest bedroom and did the foyer, the stairways, carpeted the stairways, tiled the floor area. CHAIRMAN JOSLIN: So in your opinion do you think that, or do you assume that because you -- because it was family or going to be family that you could go in and do the work and then not be licensed or not have any kind of coverage if someone got hurt? MR. SCHOOLEY: Well, no, that's not -- I'm living in the house now. So, I mean, my father lives in the house with me. So, I mean, he lives in there just as much as I do. He works -- you know, he's working on the house with me, helping me out. I think because I got approached because I had my work shirt on I got looked at as I was doing a contract or contract work, so -- MR. JERULLE: I'm a little confused. Going through the material, the address that you went to, Ian, was 633 Spinnaker Drive? MR. JACKSON: Correct. MR. JERULLE: And is that a single - family home? MR. JACKSON: Single - family home. MR. JERULLE: And who owns that single- family home? MR. SCHOOLEY: Marvin Drummond? MR. JERULLE: And who is Marvin Drummond? MR. SCHOOLEY: He's the owner of the house. 161 � �$ June I 200 MR. JERULLE: Does he live there? MR. SCHOOLEY: No, he does not. MR. JERULLE: So Marvin Drummond owns the home and he's leasing the home to whom? MR. SCHOOLEY: To myself and his daughter. MR. JERULLE: To you or your father? MR. SCHOOLEY: To myself and his daughter, which is Natasha Drummond. MR. JERULLE: So Drummond owns the home, he leases it to you and your wife or -- MR. SCHOOLEY: Fiancee. MR. JERULLE: Fiancee, okay. And you were at that house doing tile work? MR. SCHOOLEY: Yes. CHAIRMAN JOSLIN: One other question. On the leased home -- I'm not certain about how the lease was written, but on a leased home is it normal for you to go in and make changes to a property that you don't own? MR. SCHOOLEY: I have done it before, yes. CHAIRMAN JOSLIN: Is this done at your own free will and your own expense and you just -- MR. SCHOOLEY: Well, places I've rented before I've never really negotiated with the homeowner as far as money or, you know, payment taken off on my rent. So if I have extra material on myself or something like that, I've done that before, kitchen backsplash or tile a bedroom or put wood floors in a bedroom. MR. JERULLE: The reason I said I was confused is one of the lease agreements I have in here is for a different address. And -- MR. SCHOOLEY: Well, I was just giving you that -- showing you the termination of my previous lease, just to show that I wasn't actually there doing contract work, I was moving in the house. I was cleaning the house up. Because the previous tenant that lived there 161 l h� June 17, 2009 didn't really keep up on the place. MR. JERULLE: Okay. So this is your former address. MR. SCHOOLEY: Yes. MR. JERULLE: Okay. And then the other lease I have here is the lease of the home that you're moving into? MR. SCHOOLEY: 633, yes. MR. JERULLE: So you're contending that you did tile work on a home that you were moving into on that leased premise? MR. SCHOOLEY: Yeah, it wasn't -- I didn't -- there wasn't a contract agreement or payment of any sort towards me. My father's helping me and Bernie was helping me himself also. MR. JERULLE: And did you know that at the time, Ian? MR. JACKSON: No matter what the arrangement was with Mr. Schooley and the owner of the house, no matter what kind of shirt he was wearing, whether there was a contract or not, obviously there was an arrangement for Mr. Schooley to do the work. And when that work commenced, that's a construction site. And Mr. Schooley did not have Workers' Comp. coverage for the people assisting him on that construction site. That's what the citation was based upon. CHAIRMAN JOSLIN: One other thought. If Mr. Schooley would have been working there by himself with no one in the home with a licensed contractor, even though he didn't have his own insurance at the time, would he still have been in violation? MR. JACKSON: Had he not been licensed at all, it would have been difficult for me to substantiate compensation between his further father -in -law and himself. So the licensing aspect wasn't really the issue. The issue was that was a construction site. Mr. Schooley did not own the home, so he has some sort of arrangement with the homeowner and there was no workers' comp. coverage for the people assisting him. CHAIRMAN JOSLIN: Do you understand what he's trying to tell you? Page 10 161 June 17, 2009 MR. SCHOOLEY: In some sort yes, I do. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: Mr. Schooley, didn't you just say that you received no compensation? MR. SCHOOLEY: I did not, no. MR. WHITE: So what kind of an arrangement did you have with the owner, Mr. Drummond? MR. SCHOOLEY: Actually, I asked him if I could do the work myself. He didn't come to me and present will you do this. I have nothing going on at work, so I wanted to clean the place up. MR. WHITE: To improve it because that's where you're going to live -- MR. SCHOOLEY: Yes. MR. WHITE: -- where you do now live. MR. SCHOOLEY: Well, yes, I do. MR. WHITE: Okay. I'm confused about what the arrangement was that the county considers to be essentially the basis of the case. And I guess I'm going to defer to the other gentlemen on the board and perhaps our board attorney as to whether there's an owneribuilder exemption here or some other kind of circumstance where those people who are helping you could have filed any kind of a Workers' Compensation claim, and if they had any legal right to do so. MR. SCHOOLEY: Well, I have -- I was exempted myself. And I think when I went down to the county, my license, they didn't have it active I guess in the actual system, but I was active. Because of the fact that I didn't have workers' comp. coverage, that's why they had me inactive. So when I went down and talked to Maggie, I actually had it cleared up. MR. WHITE: That even kind of complicates it more from my point of view. But I'm trying to get to the nut of what I think the county's case is, that because there was an understanding from the Page 11 161 June 17, 2009 investigator's point of view that there was some arrangement between you and the owner, that this therefore became a construction site and accordingly you were required to have either something that covered the people who were helping you or some otherwise qualified exemption that you didn't have to have Workers' Compensation for them. Am I getting the -- MR. JACKSON: I'll try to clarify. The arrangement between the contractor and the homeowner is irrelevant, due to the fact that he is a contractor. And had he not been a contractor, I certainly would have looked into the arrangement to determine compensation. It's absolutely irrelevant. When the work commenced, the installation of the flooring and/or tile, it's a construction site, and it's Mr. Schooley's construction site. CHAIRMAN JOSLIN: If it would have been an owner builder aspect, as far as what you're maybe thinking about, if the owner of the property, Mr. Drummond, would have been in there doing the tile work, he could have been able to do that totally legally, if he was the only one on the property. Because it's his property. But unfortunately Mr. Schooley does not own the property so therefore he becomes a contractor in a sense or it becomes a construction site. MR. BOYD: But he has a lease on the property. CHAIRMAN JOSLIN: It doesn't make a difference, he does not own the property, he's only renting it. MR. BOYD: So if I lease a piece of property, I can't paint my walls or -- MR. JACKSON: I'll touch on that. If you lease a property and you're compensated for it, for painting the walls and I can substantiate the compensation from the homeowner to you, I would cite you for unlicensed painting contracting. MR. WHITE: It sounds like we're right back where I thought we Page 12 161, bs June 17, 009 were about the idea of some arrangement or compensation where the only testimony that I've heard, sworn testimony, is that there was no compensation, so -- MR. JACKSON: Again, compensation is not the issue. Because he's a licensed contractor. It doesn't matter if he was paid or not paid. He had people working with him there without workers' comp. coverage on his construction site. MR. LANTZ: If it was an owner/builder job, the owner of the property would still be responsible for having workers' comp. on anyone he hires. Even though he doesn't have to hire someone licensed. So either way there's people working without workers' comp., if I'm not mistaken. that? CHAIRMAN JOSLIN: Correct, you are. MR. SCHOOLEY: Wouldn't his homeowners insurance cover CHAIRMAN JOSLIN: I'm sorry? MR. SCHOOLEY: Wouldn't his homeowners cover that? CHAIRMAN JOSLIN: No. MR. SCHOOLEY: No? My one question was what defines a construction site? I mean, there's many definitions of construction site. So that little bit of work details construction site? MR. JACKSON: Installation of flooring and tile and marble requires -- for instance, Mr. Schooley, you have a construction exemption for the licensing that you have. MR. SCHOOLEY: Yes. MR. JACKSON: It's determined by the state that that's construction. MR. SCHOOLEY: Okay. MR. NEALE: And just to go to the issue of exemptions on this, there are two reasons where I would opine that the county's citation is Page 13 16 1 1 (N June 17, 2009 probably valid. And one, that the -- this is in Section 489 -103, which is exemptions. And the subsection does not accept any person who is employed by or who has a contract with such owner who acts in the capacity of a contractor. So that removes the owner/builder exemption. And then the other potential exemption is the casual, minor, inconsequential nature exemption, work under $1,000. But that exemption does not apply to a person who advertises that he or she is a contractor or otherwise represents that he or she is qualified to engage in contracting. So I believe that those two would dispose of the potential exemptions. MR. WHITE: So I guess what I might call, Mr. Neale, a status violation, simply because he has the status of a contractor, that second exemption doesn't apply. MR. NEALE: Yeah. I mean, it's a specific status exemption. You know, there is an exemption for casual and inconsequential work under $1,000 if you're not a contractor. But if you hold yourself out to be a contractor, then that exemption no longer applies. MR. WHITE: And even in the context factually here where he's stated he's not operating as a contractor, he's rather doing some, I guess home improvement, for lack of a better phrase. It's simply the idea as Mr. Jackson has indicated, it's his status as a licensed contractor. MR. NEALE: The exemption is very -- in my reading, the exemption is -- or the lack of exemption, I guess for a better phrase, is very specific. And it says, to a person who advertises that he or she is qualified to engage in contracting. Well, by the simple act of having a license, they're advertising that they're qualified to engage in contracting. MR. WHITE: That helps clarify it in my mind. Thank you. CHAIRMAN JOSLIN: Okay. Page 14 161 June 17, 2009 MR. OSSORIO: I have a question for Ian Jackson, if you don't mind. CHAIRMAN JOSLIN: Sure. Go ahead, Mr. Ossorio. MR. OSSORIO: Ian, when you were talking to this gentleman, was it implied that he was a contractor? MR. JACKSON: Upon my arrival at the house, I determined that he was a contractor. Due to the advertisement on the shirts they were wearing, it was apparent that he was a contractor. MR. OSSORIO: And he said that he was a contractor, licensed? MR. JACKSON: Yes. CHAIRMAN JOSLIN: So he admitted that to you. The shirts. You mentioned shirts they were wearing, was there more than one person wearing a towel or a company shirt? MR. JACKSON: If I'm not mistaken, Mr. Schooley and his father were both wearing the shirts. CHAIRMAN JOSLIN: Okay. I need to have a motion, or we've made a decision? Unless you want me to do it. (No response.) CHAIRMAN JOSLIN: Mr. Schooley, I'm going to make a motion that under the circumstances you received the Citation No. 4699 for $300 for contracting without workman's comp. insurance. I'm going to make a motion that this citation be upheld. And on the citation itself, which is something we'll get into in a moment, but I'm going to give you 10 days after today to pay the payment. MR. SCHOOLEY: Okay. CHAIRMAN JOSLIN: That is the motion. MR. WHITE: Second, White. CHAIRMAN JOSLIN: A motion and a second on the floor. All in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. Page 15 161 1 0% June 17, 2009 CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. JERULLE: Aye. CHAIRMAN JOSLIN: Motion carries 6 -1. Okay, the next case is a Ron Palmer. Are you present? MR. PALMER: Yes. CHAIRMAN JOSLIN: Mr. Palmer, would you please come to the podium and be sworn in, please. MR. OSSORIO: Mr. Chairman, if you would give me a few minutes before Mr. Palmer comes up. I'll probably give you a -- you can sit right there, Mr. Palmer. I'm going to give you a little history of the issue with Mr. Palmer. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Mr. Palmer has a company in Collier County that specializes in stump grinding. He has a business tax receipt that actually states stump grinding only. One of my investigators was out in the field and issued Mr. Palmer a citation for working without a tree license. Under our code it says basically -- I'll read it to you verbatim so we -- tree removal and tree trimming contract requires a 12 months (sic) experience and a passing grade of a business and law test and means those who are qualified to trim and to remove trees and stumps. The licensing department has taken a stance for many years that if you are a stump grinding contractor, you are removing the stumps; therefore, you would need to be a tree service contractor. With good faith Mr. Palmer went and got a business tax receipt, and it was issued in error by the tax collector. And he conducted his business only strictly to do stump grinding. Page 16 16 I lbs June 17, 2009 One of my investigators saw him doing some stump grinding. It was a call -in complaint. We've issued him a citation. He brought his paperwork in. I dismissed the citation, due to the fact that he was issued something in error, so he was -- his envision was he was licensed to do stump grinding. We gave him the information to get a tree license. However, I sympathize with Mr. Palmer referencing that to be a stump grinding contractor he would have to take the tree exam. When the stump's there, there's no tree to trim or there's no leaves to cut. So under the code we are -- the licensing supervisor is not able to waive testing. Mr. Palmer was advised that if he petitioned the licensing board, we would support the waiving of the tree exam and Mr. Palmer would take the business procedure test to come into compliance and be a tree service contractor, restricted to stump grinding without taking the test. If Mr. Palmer has taken the tree exam and the business procedure test, the licensing supervisor could restrict him to stump grinding only. But I don't have the jurisdiction or the authority to waive a test. This is why Mr. Palmer's here today. I believe Mr. Palmer had second thoughts referencing taking the business procedure test, because this has been going on for several months, and he could have taken the business procedure test months ago and come to the licensing board with a full application and you could have reviewed it on that merit itself. However, I think Mr. Palmer had a change of heart. He doesn't want to take any test. So this is what Mr. Palmer is here to talk to you today about. Am I correct? Okay. CHAIRMAN JOSLIN: Would you please come up and be sworn in. MR. PALMER: Good morning. Do I need to be sworn in? CHAIRMAN JOSLIN: Yes, please. Page 17 16 I 1 oc� June 17, 2009 (Speaker was duly sworn.) MR. PALMER: Good morning. My name is Ron Palmer. Five years ago when I was looking into starting my stump grinding business, I called the county, asked them what I needed to become licensed. They told me what I needed, which was an occupational license. I went down to the county, and they wouldn't issue it to me because they found out I lived in the city and I needed the city occupational license first. So I went down to the city, got my occupational license from the city, went back to the county, and they issued me -- I thought it was an occupational license. Mike is saying that it is a tax receipt license or something. CHAIRMAN JOSLIN: Right, business tax. MR. OSSORIO: It probably was back when he first obtained it, it probably was an occupational license. CHAIRMAN JOSLIN: How long ago was this now? MR. PALMER: Five years. MR. OSSORIO: He's probably had it for quite a long time. And he's not the only one. There's several. CHAIRMAN JOSLIN: There are. MR. OSSORIO: So this is nothing that we haven't been dealing with for several months. I mean, there's other people out there. But when you say the City Clerk, it's really only one. It's just the location where you're at; am I correct? The Tax Collector is a tax collector. There's no City Tax Collector, it's just one. MR. PALMER: Well, I have two licenses, one from the city, one from the county. MR. OSSORIO: Yeah. CHAIRMAN JOSLIN: When this information was told to you, was this the procedure at that time, Michael? Was this something that is how the stump grinding I guess was handled? He didn't have to have a tree trimming test? 16 I 1 �jq June 17, 2009 MR. OSSORIO: Not that I remember. When I was out in the field, stump grinding was considered tree service. Usually they work hand -in -hand. If you're a tree. service company you have the stump grinding machine and you do both services. CHAIRMAN JOSLIN: Exactly. MR. OSSORIO: You don't find too many tree service contractors that don't have stump grinding. Some people elect not to do it. But I've called around, I've talked to a lot of tree companies, and they all said that, you know, they do stump grinding. But as far as my recollection, being here 15 years, is I think I've issued unlicensing (sic) contracting for stump grinding too. CHAIRMAN JOSLIN: I've been on this board for nine years now and I can't ever recall there not (sic) being a license for just stump grinding or something of that nature. I can't imagine who would have told you that or how it happened, but nonetheless. MR. PALMER: Well, I went right to the place where they issue licenses and they said that's all I needed and they issued it to me, and they've issued it to me for five years. MR. OSSORIO: No, there's no doubt about it, Mr. Palmer is correct. Because I even went up to the Tax Collector and they said no, we've issued it. And they've also stated that they made an error and they will correct it as well. This is why we voided Mr. Palmer's citation, because I don't -- in good faith that he thought he was working with a license. Therefore, I think that the spirit of the license, we should go ahead avoid it as of -- and get Mr. Palmer in compliance. THE COURT REPORTER: Mr. Ossorio, excuse me, I need to swear you in. (Mr. Ossorio was duly sworn.) CHAIRMAN JOSLIN: So Mr. -- we're going to make this real short and sweet, I guess then, because obviously there was a mistake Page 19 161 1 b June 17, 2009 made by the Tax Collector, and give you the license and probably gave out more than just that one, so I don't think it's -- I think it's more of a moot point that we stand here and try to ask you a bunch of questions about it. Because all I'd like to know is are you willing to go and take a tree trimming and tree removal license (sic), if necessary? Or are you not interested -- MR. PALMER: Well, I mean, I guess if necessary. I mean, I can't lose my way of making a living. So, I mean, if I have to, yes. I mean, I was going to ask you, since it's been five years, to grandfather me in. I have the contract with the City of Naples. I've done all their work for four years. CHAIRMAN JOSLIN: I don't think I have a problem with grandfathering you in as far as for the stump grinding. But as far as for doing anything else -- MR. PALMER: Oh, I don't do anything else. CHAIRMAN JOSLIN: -- tree trimming or tree removing or anything of that nature -- MR. PALMER: I do none of that. I don't even carry a chainsaw with me. When I get there, all I have is a stump. CHAIRMAN JOSLIN: And no tree climbing and no spikes and MR. PALMER: No, no. Heck no. I'm too old for that. MR. OSSORIO: Mr. Joslin, just to make sure, it's not actually grandfathering it in. It's more -- CHAIRMAN JOSLIN: Waiving the test. MR. OSSORIO: -- if the board feels that taking the exam would be superfluous, pretty well moot not to take the exam, they can waive testing and go on your experience. If I'm correct, Pat Neale, I'm not sure. MR. NEALE: Right. MR. OSSORIO: But the county's contention is, is that he should take the business procedure test. And he doesn't wish to take the 16 I 1 (�$ June 17, 2009 business procedure test, so this is where we're at right now. MR. PALMER: Well, personally I just don't see what OSHA rules and the different things that I would have to do have anything to do with what I do. I mean, I would be more than willing -- as you know, Mike, I've supplied to you from Tallahassee my workman's comp. exemption. I'd be more than happy to take a competency test of any type relating to that. But any -- to take a test that has really nothing to do whatsoever with what I do doesn't make any sense to me. CHAIRMAN JOSLIN: Sure, I can understand what you're saying. MR. OSSORIO: There's no doubt about it, Mr. Palmer. However, the -- our code, there are a lot of -- MR. PALMER: I think that's an interpretation. MR. OSSORIO: -- licenses that don't require -- some trades tests require a business procedure test. And that is about your business taxes, insurance and making sure that you are -- we check your workers' comp. insurance and your credit report to make sure that you are something that we need in the community. However, it's up to the licensing board. MR. JERULLE: How much is the test, Michael, the cost of the test? MR. OSSORIO: One exam is $100 for it to get sponsored, and the test is I think 78 bucks. It's about 178. The exam is taken every day in Gainesville or once a month from Thompson Prometric, which is in Fort Myers or Bonita Springs. MR. PALMER: You had mentioned that there's other -- a competitor is here with me. I called all the ones in the phone book, the competitors that don't do trees, just do stumps. All of them said the very same thing, they went to the county and that's the license they were issued, same license I have. CHAIRMAN JOSLIN: I can believe that, because of the Page 21 16! IN June 17, 2009 comment that Mr. Ossorio made about the Tax Collector making a mistake in issuing that license. We're not questioning that fact. I'm sure they're all that way. I'm just concerned at the fact of having a stump grinding license. If it's a restricted license, I wouldn't have a problem, because of the fact of knowing that you're not going to be up in trees. MR. PALMER: You can restrict it till the cows come home. CHAIRMAN JOSLIN: If did something come down and let's just say one of these five or six or seven companies that had this particular license, if they were out in the field and I -- they came before this board and they were trimming trees, you can rest assured, I would not feel very well about it. That would be a -- MR. PALMER: Oh, I understand. CHAIRMAN JOSLIN: -- bad thing going on. Just so you're aware of that. MR. PALMER: Yes. CHAIRMAN JOSLIN: Otherwise, a restricted license I wouldn't have a problem with, or waiving the exam. MR. NEALE: Yeah, if you're seeking to restrict his ability to trim trees and so forth, then it would have to be issued as a restricted license. CHAIRMAN JOSLIN: Right. That's probably the only way that I would want to go with it. But if we -- MR. NEALE: And just I'd like to make one further point. CHAIRMAN JOSLIN: Okay. MR. NEALE: In the definition of the tree removal and trimming contractor in the ordinance, it does say requires 12 months experience with a passing grade on a business and law test. It means those who are qualified to trim and remove trees and stumps. All new applicants applying for a tree service license are required to obtain a passing grade on an approved exam pertaining to tree pruning and safety, in addition to the business and law. 161 V)% � June 17, 219 So if you were going to permit him to do tree pruning, then there's this -- and deemed him to be a new applicant, two tests there, then you would have to require him to take or waive the second exam. MR. PALMER: Which I totally understand. I mean, to prune the trees you've got to know what you're doing. CHAIRMAN JOSLIN: Okay. And should we do that, would that still then, waiving the exam, would that then allow him to be able to do that work? MR. NEALE: As long as -- yeah, if the board chooses to make it a restricted license -- CHAIRMAN JOSLIN: Right. MR. NEALE: -- solely for stump grinding, then the board could then also deem that he does not have to take the tree pruning exam because he's not going to be able to do tree pruning. CHAIRMAN JOSLIN: Okay. MR. JERULLE: And Mr. Ossorio, you're recommending that he takes the business exam. Let me rephrase that. Can you tell us what you're recommending? I don't want to put words in your mouth. MR. OSSORIO: Well, my recommendation is that he takes the business procedure test, and that's always been pretty well standard. MR. JERULLE: A restricted license with taking the business. MR. OSSORIO: Exactly right. CHAIRMAN JOSLIN: Well, in reverse, you want to have him take the business and law exam, we're going to waive the test -- or the license for his actual trade as far as the tree trimming. And then he's allowed to have a restricted stump grinding only license. Is that the case? MR. OSSORIO: We would give him a tree license. And on the license itself it would say restricted to stump grinding. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Unfortunately Mr. Palmer is the test case. But I Page 23 161 � f�$ June 17, 09 would like to see once -- whatever you decide today is give the authority or the finding of facts that the licensing supervisor shall do this for not just Mr. Palmer but for, you know, four, five, six others so we're not here every month with Mr. Palmer's case. CHAIRMAN JOSLIN: Gotcha. MR. OSSORIO: This is why we're here today too as well. MR. JERULLE: Set a precedence for the future. MR. OSSORIO: Yeah, I just want to make sure that the licensing board can give the contractor licensing supervisor direction to do this if it meets all the other -- on the application of 1.4 of the procedures of obtaining application and getting their license. CHAIRMAN JOSLIN: Rather than have all five or six of them come -- MR. OSSORIO: Yeah. CHAIRMAN JOSLIN: -- before the board and do the same thing again. Understand. Okay, in that case then all -- MR. WHITE: Just one question, Mr. Chairman? CHAIRMAN JOSLIN: Sure, go ahead. MR. WHITE: Mike, do you know what the relative level of experience and the kind of length of time that the other stump grinding businesses have been ongoing? Five years or more? MR. OSSORIO: It very well could. We're going to treat if anyone that comes to our office with a business tax receipt that has stump grinding, we're going to treat him the same as Mr. Palmer. However, the business tax people are not actually issuing that certificate anymore so we've stopped the bleeding, of course, but now there's four or five others. And Mr. Palmer's stated that there's a lot more. I don't know if there is or not, I couldn't tell you. I know there's one or two I've talked to. And we've given the same information that we just gave Mr. Palmer, go ahead and take the business procedure test, this is what the Page 24 161 s June 17, 2009 county recommends. However, you don't have to take our recommendation, you can petition the licensing board on your own behalf and go on your own. So this is what Mr. Palmer is here today for. CHAIRMAN JOSLIN: Is this something that would be in the Collier data base as far as these people that are licensed with only this license, or would this only be for the business and tax portion? MR. OSSORIO: Business /tax. CHAIRMAN JOSLIN: Only. So we would have no real record MR. OSSORIO: We've had some -- if you look in the licensing database, CD Plus, we do have some stump grinding contractors in there. And we also have stump grinding contractors that have been canceled. So we've had stump grinders come in and take the business procedure test. Not the tree exam, because the tree exam is somewhat fairly new, in the last couple of years. MR. PALMER: This test, I don't see how that's going to help in any way in my business. How does it help? CHAIRMAN JOSLIN: Mr. Palmer, I would disagree with you there. Now, we're not talking about a test that has to do with your trade of stump grinding. MR. PALMER: Right. CHAIRMAN JOSLIN: Because like you said, there is no test that's going to give you the capability to do that. But we're talking about the business and law test that allows you to know how to do your books, know how to pay your taxes, know how to do -- just handle the business overall. Even though maybe you've done it over the years -- MR. PALMER: I owned three Wendy's franchises for 10 years, I had a well drilling company out in Golden Gate for nine years. CHAIRMAN JOSLIN: And I'm not -- MR. PALMER: So, I mean, I've been familiar with business for Page 25 161 1 p)�, June 17, 2009 sure. CHAIRMAN JOSLIN: I'm not disputing what you're saying, I'm only saying that this is the way that we're going to try to set up a way, because not only yourself but possibly these other stump grinding companies that have the same license, and they also need to know how to run a business. And we want to be sure that that's happening. So in a sense, yes, maybe it is a mute (sic) point in your thoughts. But in our thoughts this is the way that we need to have it done, in order for you to be so- called grandfathered or allowed to do this business that you work. MR. PALMER: Well, it's not really grandfathered because you're saying that I still got to take the test. Is that what you're saying? CHAIRMAN JOSLIN: Only a business and law test. MR. PALMER: Okay. Can I ask one more thing? Can I run my license till it expires, which is September, to give me time to prepare for this test? I mean, the way the -- CHAIRMAN JOSLIN: We're going to allow you to probably operate, I would think, for a period of time and give you time to take the test, yes. We're not going to just close you down -- MR. PALMER: When the inspector that came in gave me the ticket said that I'm red tagged, I can't work anymore, I'm done. You know, just took my living away. CHAIRMAN JOSLIN: At that moment, yes. But now you're before us, so maybe we can make some consensus here, okay? MR. JERULLE: You say they -- excuse me, Michael, you say they take the test every day at Gainesville and once a month? MR. OSSORIO: Yeah, this is nothing new. Mr. Palmer has been told this for several months. It's nothing that's out of the blue. You know, this went from the Board of County Commissioners down to -- issued down to me writing Mr. Palmer and letting him know that the county wants you to take the exam. This has been supported by the CDES division. Page 26 161 O� � June 17, 009 You can take the exam every single day in Gainesville. I know some people just sign up, drive up and take the exam. If they fail it, they take it again the same day. They could take it four or five times in one day, if they need -- if they wish to. So this is -- and if Mr. Palmer's been a franchise owner for Wendy's, then he's been -- then this test should be not a big deal to him. CHAIRMAN JOSLIN: Very simple. MR. PALMER: It's still something I've got to study for. MR. OSSORIO: I believe it's an open book exam. CHAIRMAN JOSLIN: Yes, it is an open book exam. Anyone like to make a motion or any more discussion? MR. LANTZ: I just personally think -- I sympathize with him. I kind of think if I've been in business for five years and now someone told me I had to take a test to continue, you know, I wouldn't want to take either of them. And so my personal opinion is I don't think he should have to take either one. I would like to see something -- maybe if you've been in business for a certain amount of years, if we're setting a precedence. If he's been in business for five years and he hasn't had any problems, I don't personally think that the business and law test means anything. If someone got their license issued three weeks ago, then I would say they should need to take the test. MR. JERULLE: And you're not wrong really, but as we're saying, we're not looking at his case individually. I think what we're trying to do is set a precedence -- what the county's trying to do is set a precedence for the future on all the other stump grinders -- MR. LANTZ: Right. What I'm saying is how about if we put a time frame in, okay, if you've had your license for three years, you've had whatever, the business tax for three years, then you shouldn't have to take the business law. But if you've had it for less than three years then you should. Or whatever that day being. Page 27 161 ��� June 17, 2 9 But I don't -- I mean, somebody else might have that stump grinding license and been doing it for 20 years, who knows? And that's kind of a -- I mean, I don't think the test is very hard by any means, but I wouldn't want to do it either. Besides the difficulty the spending the money on the test, the books, whatever. I mean, it's still an expense. MR. LYKOS: Mr. Chair, two comments. CHAIRMAN JOSLIN: Sure. MR. LYKOS: One is that Mr. Palmer, if I'm correct, you're workers comp. exempt now -- MR. PALMER: Correct. MR. LYKOS: -- is that correct? One of the reasons that we want Mr. Palmer to take the business and law test is that let's say a year from now Mr. Palmer decides that he's winding down his career and decides to pick up a few employees to do the work that he doesn't want to do anymore. If historically Mr. Palmer has been workers' comp. exempt and hasn't had to deal with employees and workers comp. and the laws involving workers compensation, he might not be aware of his obligations, not only to his employees but also to consumers. And this test will make him aware of those laws, number one. Number two, the way that our economy has been in the past, you didn't have to be a very good businessman to stay in business. And now that the economy is difficult there's a lot more people coming in front of us that have credit problems and have business problems, because you didn't have to be a good businessman to run a business when there's a lot of money and there's a lot of business and you paid for the last job with the deposit from the next job. And quite frankly, if anybody wants to operate a business in this community and doesn't think that taking a test is the minimum threshold to operate in this community, then don't do business here. MR. PALMER: Well, I think -- I'm just asking to be Page 28 161 � June 17, 2009 grandfathered because of my tenure. MR. LYKOS: I understand. But if you're not willing to put in the minimum effort to take a business practice exam -- MR. PALMER: It's five years after the fact. MR. LYKOS: -- don't insult the level of effort that people have to put in to open and maintain a business in this community. If you're not willing to put that effort in, then don't own a business in this community. MR. PALMER: I'm not quite sure why you have that attitude. You know, I've been self - employed in this county for 30 years, so -- CHAIRMAN JOSLIN: The thing is we don't have a history on you. We don't know that. We have no idea -- there's no real evidence that shows us that you are a legitimate, honest, good businessman. All we're going by is what you're saying and your license that you've had for five years. It doesn't tell us how you run your business, it just tells us that you're here before us to ask us in a sense allow you to do this work, under the circumstances that the tax collector maybe did make a mistake. However, barring that, we're saying to you the tax collector made the mistake, we're going to go ahead and consider the fact of allowing you to work here, but these are the restrictions that we're going to put on you, at least now where the board as a board knows -- MR. PALMER: The restriction I have no problem with at all. CHAIRMAN JOSLIN: -- that you can run this business in a correct manner and that we feel confident that that's the case. Not only yourself, but again the other four or five that you told us that are out, or six, however many there are, that are probably going to come in and want the same treatment. So this will be a carryover to all of them then. So all of your people that you know in this business that are doing your work will be able to do the same basic thing without having to come before this board. As long as they follow that procedure, you can do it, they can do it, everyone can do it. And this is what we're trying to do. Page 29 e117, 09 Otherwise, the only other determination that we can make is that we say okay, we're not going do this for you at all, go take both tests. MR. PALMER: I understand that. CHAIRMAN JOSLIN: Okay. MR. PALMER: I agree with Kyle, though. CHAIRMAN JOSLIN: I'm sure you do. I'm still waiting for a motion or any other discussion, gentlemen. MR. WHITE: Mr. Chairman, this one's something that I see is almost two separate actions we're being asked to take today. The county would like to give us a bundle decision to make that sets a precedent for the others. I think we have two separate issues. I think we have the question of first what's the procedure going to be, and then second, relative to that procedure, does this gentleman qualify for any kind of treatment different than that based upon him coming before us and the testimony he's put on, the sworn testimony about operating a series of businesses that no one has disputed. So from my point of view, I don't want to make him a test case if the facts that someone else comes forward with aren't as compelling as his. I think he's in a position where he's testified he's got the degree of business acumen and there's nothing that says he doesn't. There's no bad credit report, there's nothing in the record that says he's not capable of operating a business. And if he's as qualified to go out there and grind a stump, then I guess he's as qualified to understand what his obligations are now only with respect to workman's comp., but also to not defrauding any of his customers. So I want to treat that as a separate issue. I think the policy, the practice ought to be that unless you have some demonstrated business capability for three or five years, good credit history in the business, all those kinds of things, that you would qualify for an administrative approval. And that if you otherwise don't, you'd have to come before this board to demonstrate to our satisfaction that you met not only the Page 30 161 1 0% June 17, 2009 business aspect, but if there was any question about your actual qualifications under the license. Especially for those who want to restrict it to just stump grinding. MR. NEALE: What I'd like to do is just -- and for Mr. White and the rest of the board sort of refer to the relevant statute and sections of the Collier County ordinance so that everybody knows what the ordinance requirements are in these cases. And then, you know, as Mr. White suggested, you can base it off of those to weigh a further going procedure. Under Section 22 -184 of the Collier County Ordinance, which is standards for the issuance or denial of a Certificate of Competency, there is a list of things that have to be submitted by a contractor in order to obtain a license. And that application is the base application, a determination of experience, which is set forth in Section 183 and 162, which basically, to summarize, is affidavits from previous employers and so forth. A credit report that they meet the requirements for financial responsibility, as set forth in the Florida Administrative Code. That they have either taken and passed an exam or meets all license and requirements provided for, all required affidavits are paid, fees paid, that they possess a current occupational license. So the license he currently has is nothing more really than a predicate to the issuance of regular license, if you want to look at it that way. That the applicant or qualifying agent is at least 18 years of age. I think -- not to cast any aspersions of Mr. Palmer, but I think we can all observe that he is that. And then in this case there's a provision also in part B of 184 that says a referral of application to Contractors Licensing Board. And in that section it says if it does not appear on the face of the application the applicant has complied with the requirements of this article, so as to be eligible for a Certificate of Competency, then the contractor licensing supervisor shall refer the application, which is Page 31 161 , b June 17, 2009 what he did in this case, to the board for a decision regarding approval or denial. And then sub -part C says, when the application is referred to the Contractor Licensing Board, the board shall take testimony from the applicants and shall consider other relevant evidence regarding whether the application meets the requirements of this division. The -- under Subsection 22- 183(B), there's the list of evidence that should be -- that needs to be considered as to experience, and that is: The Contractor Licensing Supervisor or his designee shall consider the following forms of proof of experience. Number one, affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information, copies of other certificates of competency, that's part two. Number three, affidavits from any building director. Four, affidavits from any union organization. And five, affidavits from any other source within the trade applied for. What I would respectfully suggest to the board is that bare testimony on its own may or may not in this board's opinion fulfill the requirements as set forth in the ordinance, as I think was suggested by one of the board members. However, if he had brought forth additional evidence in the form of affidavits from other people in the business, the board would have more to go on. So I would propose to the board that you have a couple of choices here. Either you can go on the evidence that you currently have in front of you, or you can request that the applicant come back with affidavits stating that he has the experience, which would give you a greater basis to make the decision on. MR. PALMER: I'd be more than happy to do that. MR. NEALE: And so I think those are the choices that this board has. The applicant can withdraw his application, he could come back in with affidavits, and then the board could make a decision Page 32 16 1 1 I')� June 17, 2009 based on further evidence. CHAIRMAN JOSLIN: Okay, under that, is it possible that at this time we could still carry out those same ideas as far as him waiving the testing requirements, waiving the test for the pruning and for the tree trimming requirements, restrict the license and restrict his application, or the license that the licensing will give him. And then also under the presumption that if he presents a complete packet with a credit report, and Michael being the supervisor for licensing can review that packet. And if it is all in line for the past five years and there's nothing derogatory in the packet, he can bring us affidavits that shows his experience level, that Michael can make the decision and he can be then issued a restricted stump grinding license in effect? MR. NEALE: Certainly it's within the board's purview to issue what I would probably deem a provisional restricted -- it would be a provisional restricted license, which would give him the opportunity to practice his trade during a limited -- for a limited period of time until he presents other evidence which the board and the contractor licensing supervisor would have the opportunity to review, and that the license would be restricted to stump grinding only. So it would be a doubly restricted license, but at least it would allow the applicant the opportunity to practice his trade, which he's practiced in the past for a period of time, until he meets the requirements of the ordinance. And that's certainly within the board's purview. I'm not suggesting one way or the other that the board do that, but that is something that the board can consider as an option, I would suggest. CHAIRMAN JOSLIN: And then by the last comment would be that if Mr. Ossorio, in his review of that packet that he brings before him, determines that the credit report is let's say not good or there are some issues in there of other things that the board can now have to look at this packet, that he would now then have to go and take a business and law test. Page 33 161 1 p June 17, 200 MR. NEALE: Yeah. I mean, that would be a situation where the waiver of the examination would still be something that would have to come before the board. Because that's not something that's within the power of the contractor licensing supervisor. CHAIRMAN JOSLIN: Right. MR. NEALE: So the fact that he hasn't taken an examination or not still has to come before the board. But the board could then at that time waive the taking of the license based on affidavits given. So, you know, the contractor licensing supervisor still can't just take the packet in and waive the licensure, the taking of examination for the licensure. CHAIRMAN JOSLIN: I mean, what I was driving at is that we could approve that now, to waive the testing requirements, providing he gives us all his information within the next period of time. I don't know what period of time we can put on to it. But as long as he provides us information, brings it in to the supervisor, if he looks at it then he can make that ultimate decision. Or no? MR. NEALE: I have a question on that, just simply because that's a delegation of an authority that the board has, which is the waiver of license requirements, to an administrative staff person. And I'm a little uncomfortable with the delegation of that authority. CHAIRMAN JOSLIN: Okay. Then in that case then there's no way to really add the other five or six people that have the same license to allow Michael to do what he has to do, which would be to review their history also and this (sic) to give them a license when they come in. They'd have to all come before the board. MR. WHITE: Mr. Chairman, if I may, maybe what we could do is create that procedure and kind of -- maybe I'm going back against when I was suggesting before as these are two separate things. Because I think with what Mr. Neale said, it seems a little clearer in my mind that in this instance and all other ones we could direct the staff that they are -- to those people who come in, I don't know, in the Page 34 161 1 og June 17, 2009 next 30 days, that the staff would be able to issue a provisional restricted license, with the understanding that if within some period of time that applicant came in and took the business and law exam and passed it, they would be able to, from the staff level only, issue that license. Today we would be essentially allowing them to have a provisional restricted license, subject to taking the business law exam and passing it. That could be handled administratively. Anybody who wanted that -- who had that same status with a provisional license to stump grinding that did not want to take the business and law exam and chose, as perhaps Mr. Palmer may yet do, to come back before us and demonstrate with the additional types of evidence beyond just bare testimony, affidavits as suggested in our regulations, that they're free to do that as well. If they want to take the extra time to do that, and effort, as opposed to just pay the money and take the exam, they're welcome to their election of that option. To me, it would probably seem simpler to just -- MR. JERULLE: Take the exam. MR. WHITE: But that's not me. It's not my choice. I'm just -- MR. JERULLE: Everybody in the county has to take the exam, do they not, Michael? MR. PALMER: I respectfully disagree with that. I mean, the lawn guys don't have to and they got bigger equipment than I do. Pressure washer guys. I mean, there's just many, many trades out there that you issue occupational licenses that don't have to take this test. And this is a no- brainer. MR. JERULLE: I understand. But everybody that does the work that you're doing has to take the exam. MR. WHITE: Right. It's pretty clear that -- MR. PALMER: Well, new guys. I understand that license for tree guys. MR. JERULLE: So to me it's simple. Page 35 161 � PA June 17, 09 MR. NEALE: Yeah, I would -- MR. BOYD: Even the lawn people take the business and law, correct? MR. OSSORIO: No, that's not correct. MR. BOYD: It's not correct? MR. OSSORIO: Business -- the lawn -- if you are just lawn maintenance, that's considered just a business tax, it's not regulated by the construction licensing board, no. MR. NEALE: But if you are landscaping, you do. MR. OSSORIO: If you are landscaping, you do. CHAIRMAN JOSLIN: Then you're a contractor. MR. PALMER: But this is considered non - construction. MR. OSSORIO: So is tree stumps. MR. NEALE: I would respectfully suggest that the suggestion made by Mr. White I think is a very good one. It follows with the ordinance in that, you know, everybody out -- essentially everyone who is in the similar situation of Mr. Palmer by order of this board would then be issued a restricted provisional license subject to meeting one of two conditions: Either taking the exam, bringing proof of the exam to Mr. Ossorio, okay, I passed the exam, I've got all the other stuff here that shows that I've got the experience and so forth. Mr. Ossorio then would under the ordinance even have the opportunity to issue them a license. But it would give them the opportunity -- it would also give them the ability to practice their trades during the interim time, as decided by this board, without having to -- while they're in the process of applying. If they decide not to take that licensure exam, then they would still have to come before this board to request a waiver. So it's a two -part set there. And I think it -- you know, it clears up several issues, if the board would follow what Mr. White's suggesting, which is it allows the people who have experience, who are out there, who are doing this job but got misled somehow by the tax collector to WWI 161 i�t June 17, 2009 continue practicing their trade for a limited period of time under a limited manner until they meet one of two requirements. And then once they meet those -- one of the two requirements, they continue practicing. If they don't meet one of those two requirements, they're unlicensed contractors. CHAIRMAN JOSLIN: So they have a choice of either /or. MR. NEALE: They really have three choices. CHAIRMAN JOSLIN: Either do it -- MR. NEALE: Either do it one way, do it the other way where they're unlicensed, and Mr. Jackson will come out and cite them. MR. WHITE: If I may, Mr. Chairman, can I ask Mr. Ossorio what he feels may be a reasonable period of time for these group of folks to come out and make and file a completed application? And then the second time period would be how long you think it would take them to make the election and demonstrate either the exam being passed or making their request to come to the board. So I'm thinking 30 days may be enough for both, but I definitely wanted staff s input on it. CHAIRMAN JOSLIN: I would also have to ask them then how this information is going to get transferred from each individual company that's out there right now without having staff pull it up in the computer or find a data base of these people, send them a letter, let them know that this is available and have them come in and do all this. It's going to be difficult to do, I believe. MR. WHITE: I guess one way would be to look at the city and county records for those occupational license or business taxes that have been issued for stump grinding only. And that would be the place to start. Plus I think there may be word of mouth in the industry, I don't know. CHAIRMAN JOSLIN: Mr. Ossorio, what's your thoughts? MR. OSSORIO: I just want to make sure I understand this. Page 37 161 1 b% June 17, 2009 If we do this, you're asking the county to accept the applications from people in the industry without taking the exam, apply the ordinance for making sure they have proper liability, workers' comp. exemption, all the affidavits necessary to be a stump grinding contractor, issue them a provisional restricted license for 60 days. Within 60 days they would either have to petition the licensing board and -- to waive the exams or to take the exams -- CHAIRMAN JOSLIN: Yes. MR. OSSORIO: -- within 60 days. CHAIRMAN JOSLIN: If they take the exam, you can -- as long as their packet is correct then you can issue the license directly from your office. MR. OSSORIO: Yeah, but we're still -- CHAIRMAN JOSLIN: If they choose to come in and waive the examination, and they just want to bring evidence before us, then they have to come back before the board individually. MR. PALMER: And evidence would be how many letters of competency? Three or four letters? MR. OSSORIO: We'll take care of that in- house. CHAIRMAN JOSLIN: Yeah, they'll do it. MR. OSSORIO: The application procedure is very simple and that's not our concern. I just want to make sure we understand that I don't think 30 days is enough, due to the fact that the licensing board probably won't be meeting next month, it would be in August. So let's go ahead and give them the benefit of the doubt so we can get the word out there, give them 60 days. As long as the application is met on the level of workers' comp. insurance and affidavits, and the credit issue might be an issue as well for some of these applicants. And if so, we can issue them a provisional restricted license for 60 days. And within 60 days you would take the exams or you would go ahead and get them on the docket for the licensing board within 60 days to prove to the board with a full application, without just taking hearsay or . `. 161 1 0� June 17, 2009 testimony, you would have something in front of you saying basically this is why I don't -- taking these exams would be imperfluous (sic) to doing my job and you can do it on the merit of each individual person or applicant. That makes sense to me. MR. LYKOS: Now, when you say taking the test, are you talking about both tests? MR. OSSORIO: I'm talking about both exams. MR. LYKOS: I think the business practices should be mandatory. MR. OSSORIO: Well, that's something you should be able to take into con -- if you have an applicant that is -- has a CPA and he doesn't feel that he wants to take the exam and he wants to petition the licensing board, I think he has an opportunity to do so. And you can address him on his merit. MR. LYKOS: I agree with that. MR. OSSORIO: So let's not, you know, cut him short. Let's give him an opportunity to be heard in front of the licensing board. I think that's what Patrick White is probably telling you. MR. WHITE: That's what I was suggesting, is that they basically get to make the choice at some point in the process of whether they're going to take that exam or they believe that they can successfully demonstrate through affidavits and the other things that were listed in the ordinance to our satisfaction that they would otherwise not have to take the business law. MR. OSSORIO: But make no mistake about it, we do give recommendations to every applicant out there, no matter if it's this particular item, testing requirements. We tell them that the licensing board's pretty strict and their feeling is that you should take the business procedure test, so just to get yourself ready maybe you should take the business procedure test, because he still has to petition the licensing board anyway to waive the tree exam due to the fact that he's not trimming trees. I don't have that authority to restrict him to Page 39 161 10 June 17, 2009 stump grinding, due to the fact that I can only look at both testing, per the ordinance. CHAIRMAN JOSLIN: I think that's what makes the board feel a little more uncomfortable about even issuing this license is because at least now we have some kind of proof that the man has at least gone through the effort of taking this test, at least the business and law. Because we can't prove his experience, we can't prove what he does, we're just going by the merit that we're hearing now. MR. LYKOS: Well, I would concede that somebody could prove their understanding of financial statements and how to run a business financially, and somebody could prove that they've taken workers' comp. classes and then come to us with that verification. And I would be more comfortable that they have the knowledge to run a business, regardless of what circumstances might arise that would alter their current plan. Understand what I'm saying? MR. PALMER: Not 100 percent, no. MR. LYKOS: If you're going to petition us to not take the business and law, then come to the table with some proof that you understand those things. MR. PALMER: Oh, I -- MR. LYKOS: Have you ever had a workers' comp. class? MR. PALMER: Oh, yeah. I had 130 employees. Yes. MR. LYKOS: You've taken a workers' comp. class? MR. PALMER: Yes. MR. LYKOS: Okay. Have you ever had an OSHA class? MR. PALMER: Yes. MR. LYKOS: So if you can verify those things, I'll be more comfortable that whatever circumstances might arise within your company, that you're prepared to handle those circumstances and that your customers won't be put at risk, your creditors won't be put at risk. MR. PALMER: My license the county issued me I believe is restricted already. Because it says right there restricted to me only, no Page 40 161 2 0% June 17, 2009 employees. MR. OSSORIO: It's a business tax receipt. You know, I don't want to split hairs with you. You're absolutely right. MR. LYKOS: We get people here all the time that are workers' comp. exempt and they go out and hire a few employees, and well, he didn't really work for me or I didn't understand. And I'll tell you, those workers' comp. cases that come in front of us don't go very well for the respondents. So what I'm saying is I'll back off of my mandatory business practices test if you can verify that you have that experience and that knowledge. You don't have to prove it right now, because that's not what we're talking about. What I'm saying is I'm willing to back off of that. As part of this agreement, I'm willing to back off of that if people come here with the verification that they have received -- that they've taken those classes and have that experience. So I'm just hoping that you, when you hear this, you understand what we're looking for. We're trying to give you a head's up. MR. PALMER: I understand totally. MR. LYKOS: Okay. MR. JERULLE: Mr. Neale? MR. NEALE: Yes. MR. JERULLE: We're setting a precedence here, it appears, for stump grinding. How is this going to relate to other subcontractors that may be watching this or hearing this that may be in a similar situation? MR. NEALE: I think what it does is you're creating a very limited subset based on a very limited group of people that have a specific set of facts that they were directly -- you know, we have testimony on the record that they were directly misled by the tax collector's office that this was an adequate license for them -- for this. And further, you're not just letting them go willy -nilly running off and okay, you've got a grandfathered license, go and sin no more. Page 41 161 1 0:� June 17, 2009 What you've actually done is say we're now going to bring you all under the tent, we're all going to make you get licensed, and you've got a couple of choices, or you become an unlicensed contractor and then you're going to be subject to sanctions on that basis. So it's a very -- to my view, this procedure suggested by Mr. White and the rest of the board is one that would provide great protection for the people of Collier County and not just let anybody think well, you know, I got mistakenly issued a business tax receipt, I'm going to be able to go do whatever I want. Because I think the board in this case is setting a very clear precedent that if you're in the situation, you'd better have some solid evidence on your behalf or you're going to -- the contractor licensing staff is going to be after you. MR. JERULLE: So you don't feel that another subcontractor, another trade will be in this situation that will use this as precedence against us for taking the test? MR. NEALE: I think if they did come before the board, the board would have this as precedence to look back on and say okay, but here's what we did before. We either required you to take the test or come in front of the board and prove why you didn't. Or you lost your license. Because the board's setting out some very clear guidelines, I believe, with this suggested procedure. MR. JERULLE: Okay. MR. ZACHARY: And if I might add, I think the contractors have always had the opportunity to come before this board to waive any licensing procedures or testing -- I mean not licensing procedure but testing. And Mr. Ossorio always gives that opportunity. So you're not really setting a precedent in this case because they've always had that opportunity. If you find that, you know, the testing would be superfluous even for the trade or business and license, you know, that's always been your prerogative. CHAIRMAN JOSLIN: We're just trying to set a standard I guess Page 42 16 I June 17, 2009 to bring everyone in compliance with the ordinance. Basically that's what we're doing, or trying to do. And unfortunately you are the first one here before us, so we're trying to work with you, not against you. We're just trying to come up with a nice overall way so that it satisfies the whole -- everything at once. Mr. White, I'll ask you if you are -- anymore discussion, if you'd like to turn it into a motion or put it into a motion, I'd be more than willing to listen. MR. WHITE: Thank you, Mr. Chairman. Move that in the instance of Mr. Palmer and those that are able to demonstrate similar circumstances, that a provisional restricted license be granted to those individuals who make full application and otherwise qualify. And, in addition, demonstrate either by taking the business and law exam and passing it that staff would have the opportunity to be able to issue them that provisional -- or excuse me, restricted license to stump grinding only. In the alternative, for those who may choose to not take the business and law exam, they would have to, consistent with the ordinance, provide evidence of demonstrated prior business operation and management to this board's satisfaction. CHAIRMAN JOSLIN: Okay, just to clarify one other point. MR. WHITE: Within 60 days. CHAIRMAN JOSLIN: Within 60 days. Does that mean that today Mr. Palmer will be able to maintain his business now for the next 60 days? MR. WHITE: I would say that he falls into those set of facts that the motion provides for. CHAIRMAN JOSLIN: And he will be able to then have an opportunity to go and either take the business and law test and get a license that way or table his motions right now and -- MR. WHITE: Well, he -- CHAIRMAN JOSLIN: -- come back with a full packet. Page 43 16 I 1 bi June 17, 2009 MR. WHITE: -- qualified (phonetic) the motion, as I am making it, to have that option and come back before us within 60 days. That would be I guess in our August meeting. MR. OSSORIO: Yes. If this passes, Mr. Palmer, what he would do is get a full application, fill it out, pay the fee. I would review it. I would then issue him, if everything meets the criteria other than the testing, I will issue him a provisional restricted license for 60 days, it would say 60 days on it, and in that time he would have to either petition the licensing board in the future within the 60 days to show that he is -- taking the business procedure test would be irrelevant and superfluous due to his job, or he would have to take the business procedure test, pass it with a 75 and then get a restricted license, not a provisional license. MR. WHITE: Exactly. MR. JERULLE: So are we talking about one test or two? MR. WHITE: Business and law. CHAIRMAN JOSLIN: Business and law. MR. JERULLE: Just the one test. CHAIRMAN JOSLIN: Right. MR. LYKOS: Mr. White, if you would add to your motion that we give Mr. Palmer 30 days from today to submit his full application, then that's when the 60 -day clock starts. MR. WHITE: Absolutely. MR. LYKOS: If you would add that 30 days to your motion, then I would be happy to second that motion. MR. WHITE: I'm agreeable. MR. NEALE: If I would suggest to the board that that be not for Mr. Palmer but all other similarly situated, so that -- CHAIRMAN JOSLIN: Right. MR. WHITE: Accepted as well. MR. BOYD: I have a question. CHAIRMAN JOSLIN: Okay. One discussion. Page 44 161 1 b June 17, 2009 MR. LYKOS: We have to second it before we discuss it. CHAIRMAN JOSLIN: You did second it. You said -- MR. LYKOS: I said if you would add -- you're right. Okay, keep going, I'm sorry. CHAIRMAN JOSLIN: Discussion on the motion. MR. BOYD: So the way I understand this, we're granting a license before you have a packet? MR. WHITE: No. CHAIRMAN JOSLIN: No. MR. OSSORIO: That's not correct. He is -- any applicant who must come into compliance with the provision of the ordinance, minus the testing. So he would still have to come in, get a full application, he would have to go ahead and show affidavits of experience, he would have to show affidavits of his -- if he's been in business for over one year, he would have to have a business credit report. His personal credit report. Pay the necessary fees. And then I would review it and if it meets the criteria of the ordinance, then I will issue him a provisional restricted license. And then -- so we're not waiving anything other than we're not going to shut his business down for 60 days. We're going to let him continue with a full application for 60 days until which time he has a choice to make: Either petition the board with a full application so you can judge it on the application itself; or two, he takes the necessary business procedure test and then I will restrict him, take away the provisional license and restrict him to restricted to stump grinding only, no tree service. MR. WHITE: I think, if I get your point, it's the idea that those people that are out there presently are at risk. And what they're at risk for is the discretion that staff will utilize relative to issuing them potentially a citation for unlicensed work versus the idea of coming in and getting in underneath the umbrella, the regulations and being legitimized. So I'm hoping that that's what is going to happen and that as staff Page 45 16 i i p June 17, 2009 has demonstrated repeatedly, they will exercise sound judgment. But for those folks that seem to be unwilling, they have to know they're going to be coming in front of us very soon. CHAIRMAN JOSLIN: Right. All right, any other discussion? MR. LANTZ: I have one more. As it stands this afternoon, can Mr. Palmer go grind a stump? Or he can't grind a stump until he's done the application, the credit report and everything? CHAIRMAN JOSLIN: No, he's got a 60 -day window -- no, I'm sorry, 30 -day window. MR. OSSORIO: He's unlicensed as we speak. He needs to go to our office, if the motion passes, fill out a full application, minus the testing. I will review it and then I will either issue him a restricted -- a provisional restricted license to stump grinding. Once that certificate is issued, he comes into compliance for 60 days. After 60 days, if he hasn't done two things: One, take the business procedure test and pass it with a 75, or two, petition the licensing board to show on his full application that he meets the criteria of why he should not be taking the business procedure test, other than just hearing testimony. CHAIRMAN JOSLIN: Okay, I have one other last question then in that case. If that's the case, then he is doing stump grinding as we speak, or as of yesterday. Now he can't do it no longer. What about the people now that are out in the field that we're trying to add this other provision into that allows the other people out in the field to come and do this? Are they unlicensed as we speak now too? MR. O S S ORIO : Mr. Chairman, any stump grinding contractor that comes to my office who gets issued a citation that has a business tax receipt that says stump grinding only, we're going to treat that as insubstantial and we're going to go ahead and take care of the citation, we're going to get him in compliance. You're absolutely right, Mr. Palmer, when he was issued the Page 46 161 1 �b June 17, 2009 citation, the stop work order, I told Mr. Palmer that if I caught him tree servicing after the date of the citation, he is considered unlicensed. He's unlicensed until the licensing board gives him direction. And it looks like you're giving him direction to get down to my office, fill the application out, full credit report, minus the testing, to get him in compliance for 60 days. So then he has two choices to make, and that's two choices that any stump- grinding contractor has, not just Mr. Palmer. CHAIRMAN JOSLIN: So Mr. Palmer received a citation? MR. OSSORIO: Yes, he did. CHAIRMAN JOSLIN: Okay, that's why -- I don't have any copies of that so that's why I questioned. Okay, I understand. MR. WHITE: My understanding, it was withdrawn? MR. OSSORIO: The citation was withdrawn due to the fact that he was issued a business tax receipt showing that he could do this business. CHAIRMAN JOSLIN: Okay, I understand. MR. OSSORIO: And the board has set precedence in the past with another citation that was issued, and he had the same thing, for some carpentry, whatever it was. So we took that as a standard policy. CHAIRMAN JOSLIN: Okay, I understand now. MR. LYKOS: Well, here's the question then. I asked Mr. White to add to his motion that we give Mr. Palmer 30 days to submit his application. So my question now is, in that 30 days is he allowed to work or is he not allowed to work in those next 30 days? CHAIRMAN JOSLIN: Right. MR. NEALE: That's the board's decision. MR. LYKOS: That's why I threw it out there, try to clear up the specific case of Mr. Palmer. MR. WHITE: Then let me make the suggestion that, Mr. Chairman, we vote on the motion and we separately consider the facts of Mr. Palmer's case in terms of anything we may want to do about his Page 47 161 Ju 17,09 os status up to the point where he gets an application in. CHAIRMAN JOSLIN: I'm just really confused now as far as what we're trying to say. I mean, I have to honestly say, I bet the audience is confused, because I am definitely confused. MR. OSSORIO: Mr. Chairman, it's very simple. I don't agree with the 30 days. Mr. Palmer, he came to his own accord. He has a stop work order for several months. He knows what he needs to do. He's going to leave our office and go down there and get it. He knows what he needs to do. So if my staff or Ian Jackson goes out there in three or four days and he is stump grinding and he does not have an application on my desk, he's unlicensed. Simple. It doesn't (sic) take a person to come down to the office, pick up an application, fill it out. So let's just stick with the motion and let me worry about the 30 days. I'm sure Mr. Palmer's going to be coming down to my office today or tomorrow to fill out the paperwork -- MR. PALMER: I've got work this afternoon and tomorrow. MR. OSSORIO: -- and take care of it. And any other contractor that's in the same situation as Mr. Palmer's going to be coming down there tomorrow. So let's not reinvent the wheel, let's just go ahead. MR. NEALE: But the motion and second as made included a 30 -day provision. MR. LYKOS: And the reason I did that, Michael, is the application has to have a credit report. MR. OSSORIO: Credit report you get within two days -- I mean two hours. MR. LYKOS: Yeah? MR. OSSORIO: Yeah. They fax you right to the office. MR. PALMER: How do you do that? MR. LYKOS: I guess I'm getting old. MR. OSSORIO: There's a company in town that's right on Radio Road that he can go to and they fax it to our office and he has a license 161 1 06 June 17, 2009 within a couple of hours, you know. MR. LANTZ: I've got one more question. I understand for Mr. Palmer he'll be in your office probably this afternoon with his check for whatever it is and the application filled out. What about the -- is there going to be a way -- are you guys going to notify? Thirty days to me to get your application is -- I mean, I don't know how -- MR. OSSORIO: I said 60 days. MR. LANTZ: Sixty days to get -- MR. OSSORIO: Sixty days of -- MR. NEALE: But the motion as stated -- MR. WHITE: Was for 30. MR. NEALE: -- is to give everyone -- MR. LYKOS: Give Mr. Palmer 30 days. THE COURT REPORTER: Excuse me, we have several talking at once. CHAIRMAN JOSLIN: One at a time, please. MR. LYKOS: Sorry. MR. NEALE: We may want to read back, because the way I have it recorded is that it was a motion that all similarly situated would have 30 days to apply, not just Mr. Palmer. MR. LANTZ: So my question is -- CHAIRMAN JOSLIN: Which means -- MR. LANTZ: -- how long would it take for the other people to get -- I mean, obviously -- I'm sure they're not, you know, watching this on TV because they're so concerned about this. So is somebody going to notify them? I mean, I can't imagine -- MR. OSSORIO: Yes, we will. MR. LANTZ: And it will be quick enough where 30 days is a reasonable time. MR. OSSORIO: Yeah, that's not a big deal. We can pull the i l` 16 1oc, June 17, 2009 records from the tax collector. I don't know if Mr. Palmer -- but there's not that many. I would say there's maybe five or six at the most. MR. PALMER: Four or five. MR. OSSORIO: And we'll deal with it when it comes through. So I'm sure these two gentlemen know in the business and we'll take care of it. CHAIRMAN JOSLIN: So the -- CHAIRMAN JOSLIN: Does that clarify the motion as far as to how the motion goes? Because we're motioning it seems like on two different -- three separate issues: Once for the overall people that have their stump- grinding license, and then we have another one that's going to allow them a particular ample either /or way to come in and get it done. But we also have Mr. Palmer in front of us who we have to make a decision on this factor. So is this one motion going to take care of all three situations? MR. NEALE:. Well, the motion as stated would take care of everything. CHAIRMAN JOSLIN: The whole thing. MR. NEALE: The motion as stated basically says that every one similarly situated to Mr. Palmer would have 30 -- would be issued a temporary provisional license for 30 days, giving them the opportunity to apply. Then they would apply within 30 days, full application. Mr. Ossorio would then make a decision based on that application and whether they had taken the test or not to issue them either a permanent license or an additional temporary license. That's at least the way it currently would read. The elections that they would have are either apply and submit that they had taken the test, apply and submit for a waiver, which would be heard at the next board meeting in August, or not apply at all and then they're unlicensed contractors. So there's -- at least that's the way I perceive the motion. If that's what correctly reflects what Mr. White moved, I would suggest that he Page 50 161 � 6S June 17, 09 incorporate that, Mr. Lykos second it or amend as needed. MR. WHITE: I feel that that accurately reflects what the motion was and would ask if the second agrees. THE COURT REPORTER: Who was the second? CHAIRMAN JOSLIN: Mr. Lykos seconded. MR. NEALE: Mr. Lykos had seconded. CHAIRMAN JOSLIN: But that was with the 30 -day provision. MR. NEALE: Which Mr. White accepted, so therefore the motion and second stood. MR. LYKOS: I said I would second it he added the 30 day provision, which he then subsequently added. So then I guess by default I seconded. CHAIRMAN JOSLIN: So I have a -- I'm going to call for the vote, get this over with. I have a motion and a second on the floor. All in favor of the motion, please 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: Are there any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries unanimously. MR. PALMER: Thank you very much. CHAIRMAN JOSLIN: You are welcome. Thank you for coming in, your time. MR. NEALE: What I will do is I will draft an e -mail to go to Mr. Ossorio that can be distributed to the board so that everyone knows what they just did. Page 51 161 �% June 17, 209 CHAIRMAN JOSLIN: Yeah, because it was very confusing. We solved a bunch of bases it seems like' all at once, but -- MR. NEALE: Yeah. The board solved in I think a very creative manner a minor but significant problem. I think that was very well done. CHAIRMAN JOSLIN: There's no doubt there's going to be more of them that are going to want to come before us regarding that. I need to see a -- THE COURT REPORTER: Excuse me, could we take a brief recess? CHAIRMAN JOSLIN: We certainly can. It's 10:26. How about till 10:40. (Recess.) CHAIRMAN JOSLIN: I'll call the board meeting, Contractors Licensing Board meeting back to order again, please. And one quick comment. Through all the conversation that we've been going through today and in most meetings, I would appreciate it if the board members have a question or would like to raise a question, just for the court reporter's courtesy, that if you raise your hand, please, for a question you have and then I'll recognize you and then allow you to speak, no problem. Okay? That way we can keep the court reporter on a good note when she's typing. We get too confused and we all speak at once. And I'm probably guilty also, so I'll make sure I raise my hand. Is there a Marisol L. Santos in the room, please? (No response.) CHAIRMAN JOSLIN: No? All right, I'm going to put this on the burner for the moment and see if she shows up. MR. OSSORIO: Mr. Chairman, if Mrs. Santos does not show up, would you want to still have a review of her application, due to the fact she comes in tomorrow, we have something for her, or do you want to just go ahead and say she's not here, we won't hear it? Page 52 16 + � P)% 17, 09 CHAIRMAN JOSLIN: I think probably in fairness to her it would be better if she was here than just to act on anything before us without having, you know, the respondent present. Mr. Neale, can you -- MR. NEALE: I would suggest that would be the better course for the board. Because at least in my experience with the board in cases such as this, the credit reports, it's the testimony of the applicant that probably the board I think weighs as much as they do the bare facts on the paper. So granting her a continuance or an ability to reappear I think would be a good thing to do. CHAIRMAN JOSLIN: Was there a reason why possibly she wasn't here, or you do have knowledge? No. Okay, we'll just set it out for a little bit, maybe she'll come in. Okay, I'm looking for a Ronald M. Burns. Are you present? MR. BURNS: Yes. CHAIRMAN JOSLIN: Would you please come up to the podium and be sworn in, please. MR. JACKSON: Mr. Chairman, if I may? CHAIRMAN JOSLIN: Yes, sir. MR. JACKSON: Ian Jackson here. Mr. Burns requested that some additional documentation be distributed, which I just did. That's the paperwork beginning with a CPO that I had just handed out. CHAIRMAN JOSLIN: Okay. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Burns, you're here today to review your experience factors regarding a license you are trying to obtain to own and run a swimming pool maintenance business; is that correct? MR. BURNS: Pool cleaning service, yes. CHAIRMAN JOSLIN: Pool cleaning only? MR. BURNS: Yes. MR. OSSORIO: Mr. Chairman, just to give you a quick Page 53 16 1 11. O� June 17, 2009 overview, Mr. Burns came to the office, filled out the appropriate paperwork, took the business procedure test and applied for a swimming pool cleaning only. Mr. Burns also took the certified pool operator exam course through I think it's human services -- CHAIRMAN JOSLIN: Right. MR. OSSORIO: -- to clean pools for commercial use under a qualifier, owner or company. Unfortunately Mr. Burns is reinventing himself and doesn't have the necessary years of experience under a pool cleaning company, so this is why Mr. Burns is here today. CHAIRMAN JOSLIN: Okay. Well, you're in luck. I'm a state certified pool contractor, so I'm going to have to ask you some serious questions. What experience do you have? MR. BURNS: Well, I provided a packet that has my experience in the packet. Some before and after photos. Has anybody had a chance to review my packet? CHAIRMAN JOSLIN: We have. Have you ever done any business at all or worked for any pool service companies of any sort here in Collier County? MR. BURNS: I've never worked for a pool company, no. I can't live off of a pool tech income. So I did the next best thing, which was to educate and gain experience on my own. And also by taking the CPO, certified pool operators course. CHAIRMAN JOSLIN: Do you realize what that CPO license allows you to do? MR. BURNS: Yes. My intentions are just to do private residential pools. That's all. No commercial, no nothing. CHAIRMAN JOSLIN: Yes, Kyle. MR. LANTZ: Well, I did a little research. Personally I don't feel he needs a license to clean a pool. And the reason why is when you Page 54 161 1 A June 17, 2009 look at the county statutes under residential pool /spa contractor, it says on the bottom, water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. So -- MR. BURNS: It's confusing. MR. LANTZ: -- I mean, if I looked at that I would say he doesn't need one. And I couldn't find anyone that said -- I couldn't find a license that said a pool cleaning contractor. I found a pool /spa servicing contractor which allows him to do other stuff. But just for cleaning, my opinion is he doesn't need a license at all. CHAIRMAN JOSLIN: Okay, in some reading on that particular license that you're speaking of, is this a state -- a Florida license or is this a Collier County license? MR. LANTZ: Well, it's on both of them. But it's on the Collier license one. I don't know what the original thing, but it's 1.6.2.8 on that form. That's what I was given. MR. BURNS: Statute 514 states that I am a certified pool service technician. MR. LANTZ: And also, on the construction industry website, on the same -- under the same license, I mean it's not the statute, but when it has a residential pool /spa contractor it also says, however, the uses are the same -- I mean, they're the exact same statutes. But the installation, construction, modification or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool /spa requires licensing. However, the usage of such equipment for the purpose of water treatment or cleaning shall not require the licensure unless the usage involves construction, modification or replacement of such equipment. CHAIRMAN JOSLIN: Okay. According to the ordinance, the Page 55 161 t P s June 17, 2009 2006 -46 ordinance for Collier County, there is a separate entity, there's a separate license necessary, which is in 1.6.2.9.1. MR. LANTZ: But that's a servicing contractor, which allows him to maybe fix a coping tile or -- CHAIRMAN JOSLIN: No. MR. LANTZ: -- change the filter. CHAIRMAN JOSLW: No. No. MR. BURNS: Yeah, it says -- CHAIRMAN JOSLIN: A servicing license that is required in that particular entry is a swimming pool /spa servicing contractor. Servicing, by their definition of servicing, meaning a maintenance license. Basically what he wants to do. The other three licenses are either service spa repair, which entails all of the things you're speaking of And then there is another classification for a license regarding a residential contractor who can do residential construction or repair. And then there is a commercial license who allows you to do basically anything in the pool business, construction, repair or servicing. MR. BURNS: I just want to clean pools. CHAIRMAN JOSLIN: Now, just to clarify this, one moment. There is a discrepancy, which I've noted this many times already, in the two codes. Because of the fact that the State of Florida code now does not have the fourth license, which would be the swimming pool servicing contractor license only. According to the State of Florida, if it's a state certified license, then you do not need to take a test, you do not have to have a license. But Collier County is just one step more stringent and has kept this into the ordinance. So this is the ordinance I am assuming that we must follow, because this is our ordinance. Even though it is more stringent, Collier County has their ability to be more stringent than the state code. MR. BURNS: I've been pursuing this for quite some time. It 161 1 0 June 17, 2009 wasn't a sudden change. This was something that has been progressing over a period of years. And that's how I gained my knowledge and my experience. And then to top it off, I wanted to make sure that, you know, I was 100 percent on my own knowledge and experience by taking the certified pool operator's course, which is offered by the National Swimming Pool Foundation. It's a nationally recognized course. And if I had to work for a -- if I worked for a pool cleaning company for the 24 months and I was trained maybe not so well, maybe not the right way and I did that for the 24 months and then I went out and started my own pool company and carried on those bad habits, you know, that's where the certification comes in. That's where the proper training and knowledge comes in. There's no training and knowledge requirements, but there's just a 24 -month experience requirement. CHAIRMAN JOSLIN: I have to agree with you in some ways, but in other ways, no. Because there are many of the service companies that are operating here in Collier County, and also in the State of Florida. In order to work for certain companies, this is one of the tests that they require you to take, which is a CPO course, which familiarizes you, yes, a little bit more knowledge, a little bit -- you gain a little bit more knowledge because it is a pretty thorough course, no doubt. MR. BURNS: It's a great course. CHAIRMAN JOSLIN: But it is not in no way an affidavit that says you have experience to be able to go and maintain swimming pools. MR. BURNS: It says I have experience to operate an aquatic facility. CHAIRMAN JOSLIN: Under the direction of a third party. MR. BURNS: Did you read the two documents that I submitted, that Ian submitted to you? That basically gives you a description of a Page 57 161 I 0% June 17, 2009 certified pool operator. It's not necessarily under a pool cleaning company. It's the first page, the two pages that are stapled together. Read the first page, if you would, please. CHAIRMAN JOSLIN: I'll read it aloud. MR. BURNS: Sure. CHAIRMAN JOSLIN: CPO says a CPO graduate might be a maintenance person with part -time pool responsibility. A CPO graduate could have a position on an engineering staff with full -time pool operations responsibility. Again, engineering staff. A CPO graduate could be a manager with hands -on responsibility or who has management authority over other operators in staff positions. A CPO graduate could be an outside service technician providing third -party support to a pool operation. A CPO graduate might be a lifeguard providing pool operations management when not surveilling. And finally, a CPO graduate could be a facility owner who recognizes that the ultimate responsibility for the supervision and responsibility of any aquatic facility resides at this level. Whether owner or technician, manager or lifeguard, the certified pool operator is one thing an aquatic facility professional -- and that's it. First page. MR. BURNS: Have you seen any of the pictures? CHAIRMAN JOSLIN: I've seen pictures that are somewhat -- enclosed in your packet you're speaking of? MR. BURNS: Yeah, these are the conditions -- some of the conditions of some of the pools that I've had to maintain. CHAIRMAN JOSLIN: Were these pools that you were maintaining or pools that you began maintaining? MR. BURNS: This pool -- every picture in here except the green pool is my family's pool which I've been maintaining. CHAIRMAN JOSLIN: Well, that doesn't say very much as far 16I � p� June 17, 2009 as looking at the pictures. MR. BURNS: Well, if you look at the pictures you can see the conditions, the bad conditions. I mean, that takes some experience. And, you know, I'm trying to prove that I've gained a lot of experience through all these conditions. I mean, take a look at -- CHAIRMAN JOSLIN: I'm looking at some stains on the second page which is -- MR. BURNS: You see one green pool. CHAIRMAN JOSLIN: -- third, no, fourth page? MR. BURNS: Can I -- could I come up and show you? CHAIRMAN JOSLIN: We can just go through the pages, if you like. MR. BURNS: Yeah, the first pool -- CHAIRMAN JOSLIN: The first page? MR. BURNS: The pool that's green, the before and after? CHAIRMAN JOSLIN: Is this the one with your picture of your face on it? MR. BURNS: Yeah, I just wanted to give you an idea of some of the experience that I've -- I'm not just somebody who wants to just start cleaning pools. I've gained experience over a period of years. But I haven't been able to work for a pool cleaning company. I can't support myself on eight to $12 an hour. So I did the next best thing, which is to take it upon myself to gain as much knowledge and experience as I can on my own. CHAIRMAN JOSLIN: Well, quite honestly, bringing pictures in here of showing me a green pool doesn't tell me you know how to take care of a pool, because the pool should come in here blue, not green. MR. BURNS: Between these pictures and the certified pool operator, I think that should be substantial enough. CHAIRMAN JOSLIN: Mr. Lykos? MR. LYKOS: Michael, I'm a little confused, if you could help me a little bit. Page 59 161 i h% June 17, 2009 Exactly what license is Mr. Burns applying for? And Kyle said earlier that there may be -- it may be that Mr. Burns doesn't even need a license based on what -- MR. BURNS: I just -- MR. LYKOS: Please let me finish my question and let Mr. Ossorio answer. MR. BURNS: I'm sorry. MR. LYKOS: So the first question is what license is he applying for? Second question is, does he need a license for what he's applying for? Does that make sense? MR. OSSORIO: Yes. And like I stated before, Mr. Burns is applying for a swimming pool maintenance license, which is a two -hour business procedure test, and he or she has the ability to clean pools. Clean pools only. Now, there are other -- there's other trades tests you could take to be a repair contractor or be a certified pool company or a residential pool or commercial pool. He is applying for a swimming pool cleaning license only. MR. LYKOS: And is there a -- does the county have a license for -- MR. OSSORIO: Sure. MR. LYKOS: -- swimming -- MR. OSSORIO: You have a copy of the ordinance in front of you? MR. ZACHARY: Mr. Lykos, it's technically called a swimming pool /spa servicing contractor. CHAIRMAN JOSLIN: Correct. MR. OSSORIO: And what section is that? MR. ZACHARY: That's 1.6.2.9.1. MR. OSSORIO: And what page is that on? MR. ZACHARY: Well, of ordinance itself it's Page 12. I think Mr. Neale can tell you about the -- � -- 'I ( 16 I 1 t% June 17, 2009 MR. LYKOS: I didn't get that in my packet, Michael. That's why I'm at a little bit of a loss. CHAIRMAN JOSLIN: Here, I'll show you. MR. LYKOS: Yeah, I don't have that. It wasn't in my packet. MR. OSSORIO: Well, we don't usually -- MR. JERULLE: 162. -- MR. OSSORIO: Mr. Lykos usually -- CHAIRMAN JOSLIN: One at a time, please. Michael? MR. OSSORIO: We usually don't give a copy of the ordinance, per se if somebody wants to waive an exam which is in the ordinance. But if you will like us, we will do so in the future. MR. LYKOS: So according to this ordinance, the license that Mr. Burns is applying for is a swimming pool and spa servicing contractor. MR. OSSORIO: That is correct. MR. LYKOS: Okay. CHAIRMAN JOSLIN: And that license allows him to go and service maintenance only with chemicals, treatment, water quality only. That's the only operation that the man can carry on. No matter if he has one employee or 100 employees, that's what his license allows him to do. To do any other work with pools he would have to go to the next layer or next level of licensing, which would be the spa servicing repair contractor license, which is under 1.6.2.9. And then on so forth, there are other licenses in construction and commercial construction. Right now the way our ordinance reads, it requires 24 months of experience. And what Mr. Burns is asking us to do is accept his CPO certificate that he takes through Collier Health Department, which gives him a little more knowledge as far as the essence behind a swimming pool function and how the chemicals are read and how to read test kits. I mean, it gets a little more involved than if someone just Page 61 16 1 1 �s June 17, 2009 trained you out of a truck that you worked for a servicing contractor. So it's a little more involved. But I don't think it gives enough -- I don't feel that it gives enough affidavit or knowledge to be able to open a business and be able to start doing this as a business entity. Because he does not have the experience. He's passed the test. MR. O S S ORIO : Mr. Chairman, just to make sure, when you look at an affidavit for experience, and Mr. Neale can probably tell you this, is that some -- we can take some certificates, some education, some training, but it cannot take all the respects to experience. You have to work under a licensed contractor for the business, supervision, training, ordering, supplying, the whole nine yards, the whole field of working, opening up a business and running a business. CHAIRMAN JOSLIN: Correct. MR. NEALE: To be specific, and I concur with Mr. Ossorio, in the codified Ordinance 22 -183 -C states that education at an accredited school may be presented to satisfy a portion of the experience requirements of the section. Specifically each full year of school level work in the trade for which application is made shall be credited to the applicant as .75 years of experience, but such credit shall be for no more than one -half of the total experience required by this section. So taking the broadest possible interpretation of the education, it potentially could count for one of the two years required under the ordinance. CHAIRMAN JOSLIN: Right. MR. BURNS: Combined with my experience as far as the pictures that I provided, I mean, these are extreme conditions that I've had to maintain a pool. I've gained a lot of experience and knowledge from this. MR. JERULLE: How long have you been maintaining that particular pool? MR. BURNS: Roughly seven years. There's others that I've Page 62 16 I 1 Ot June 17, 2009 helped people with. Hurricane Wilma, I've helped people's pools. With neighbors. I voluntarily -- I pursued this because I can't work for a pool cleaning company, I can't live off of that income as a service tech. I did what I could to gain the necessary education and experience. And I did all that I could. And I feel that I am qualified to clean pools. I honestly do. MR. NEALE: Just going further on 22- 183 -A, as a prerequisite to and as a requirement for the issuance of a Collier County or city certificate of competency, an applicant shall submit satisfactory evidence of experience in the trade for which he desires certification. Sub point one, contractor's experience shall be in that particular trade with at least one year of said experience being as a supervisor. CHAIRMAN JOSLIN: Well, that's my thoughts. I mean, I'm -- I've been in this business for 27 years, and I'm telling you that I feel as though I am not comfortable with issuing a license to someone that has never been in the business before, is not willing to spend any time with a pool company to learn the trade and only comes in here with a test that is really not that difficult to pass. MR. BURNS: There's a lot of people that don't pass that test. CHAIRMAN JOSLIN: I'm sure there are, believe me. MR. BURNS: It's very credible. It's a nationally recognized organization -- CHAIRMAN JOSLIN: I understand that too -- MR. BURNS: -- it carries a lot of weight. CHAIRMAN JOSLIN: -- it certainly is. I know that. And it carries a lot -- MR. BURNS: It allows me to walk out and work on -- and operate public pool facilities. Public. Which, you know, that's -- if something goes wrong, that's a huge risk. I mean, that's saying a lot. CHAIRMAN JOSLIN: And you're going to honestly sit here and tell me -- stand up there and tell me that without any experience at all as far as working for a national pool service company that you pass Page 63 16 I � 6� June 17 this test and you're going to go down and you're going to maintain the Golden Gate Aquatic Center? MR. BURNS: I told you I just want to do private residential. Everybody has to start somewhere, and this is where I want to start. And I feel like I've provided adequate documentation that I'm competent and knowledgeable and experienced enough to clean and chemically balance pools. And I won't -- I'll be the person who's choosing which pool to do. There won't be any pools forced upon me. So I'll make my own educated decision based on my knowledge and my skills. You know, I'll be making the choices and no one will be saying you have to do this pool, that pool or that pool. CHAIRMAN JOSLIN: Okay. MR. BURNS: So I feel based on my knowledge and experience that I'll be able to handle this starting out this business. CHAIRMAN JOSLIN: Okay. Mr. Jerulle? MR. JERULLE: Michael? MR. JACKSON: I'll try to field it, Mr. Jerulle. MR. JERULLE: We're here because you did not -- obviously did not deny him the license? Do you have a recommendation? MR. OSSORIO: There's a couple of things. One, under the ordinance it says the contractor licensing shall review the application. If it meets the merit of the criteria, then we proceed with the license. If it doesn't for any particular reason, credit issues, experience or whatever that might be, it gets forwarded to the licensing board. I told Mr. Burns, just like, you know, Mr. Neale said, is that we would take his -- be very liberal and we would -- show me one year of working for a licensed company, up north, whatever it might be, and I'll take that application, that CPO license, as credit of one year. It would be two years and we could proceed with the license. I have no recommendation to the licensing board how they want to proceed if they hear testimony if he's qualified or not through the Page 64 16 I 1 g June 17, 2009 application process. That's really up to the licensing board. But I can tell you this: Having a pool in Naples, Florida and having a pool up north, totally different. How you clean it, how you prepare it and how you address it and how you conduct business, so -- but that's up to the board's decision. MR. BURNS: No, I've been cleaning pools here for roughly seven years in Florida. CHAIRMAN JOSLIN: I know. And the conversation I'm hearing, I'm not really hearing it correctly or I don't think you need to say anymore, because -- MR. NEALE: Mr. Joslin, Mr. White has -- MR. WHITE: Question, Mr. Chairman? CHAIRMAN JOSLIN: I'm sorry, Mr. White? MR. WHITE: If I may, of staff. And perhaps your knowledge can help, too. But when I'm reading through the contractor requirements, one of the things it says is that it's to provide servicing or water treatment of any public or private swimming pool, et cetera. Under the heading of public, does that include condominiums? Which way do they fall? Are they public or -- CHAIRMAN JOSLIN: Public. MR. WHITE: -- private? CHAIRMAN JOSLIN: Public pool would be a public pool detouring (phonetic) with condominiums that are regulated by Collier County Health Department or what's called HRS, health and rehabilitative services. Those are commercially licensed and they have to run by licenses and they are governed by the State of Florida. MR. JERULLE: I could -- MR. WHITE: So they fall under public. CHAIRMAN JOSLIN: Public, yes, sir. MR. WHITE: Okay. So private would be limited essentially to single- family residences? CHAIRMAN JOSLIN: Right. Single - family homes, residential Page 65 16 ! 2 � June 17, 2009 pools. Anything with a residential marketplace. Some of the condominiums fall under what's called a -- another portion of a statute. If it's 32 apartments or less, it can be exempt from the commercial status. So it can be also considered a public -- private pool. MR. WHITE: So my next and last question I hope is could we issue a restricted license to just private swimming pools, hot tubs or spas? I don't know if there's any precedent for it -- MR. OSSORIO: Yeah, Mr. White, but the only point -- MR. WHITE: -- but I'm asking -- CHAIRMAN JOSLIN: We could do that, but under the circumstances, I mean, we can surely talk about that and probably put a motion on the floor if you like, but I know that I won't be in favor of lt. MR. WHITE: Understand. I'm just trying to split the baby. MR. OSSORIO: Mr. White, if anything, Mr. Burns is more qualified to work on commercial pools therefore because he's taken the CPO test, and he could work on a commercial pool under the direction of a licensed company. Versus then he goes to a residential home and does, you know, 15 homes a day times seven and runs his business that way and coordinates on a daily basis, so -- MR. WHITE: I understand. MR. OSSORIO: -- it's totally the opposite. CHAIRMAN JOSLIN: Mr. Neale, did you have a question? MR. NEALE: Well, just a point, that this really does go to the same issue that the board was reviewing on the Palmer issue where this application, you know, as stated, was referred to the board by the Contractor Licensing Supervisor because it did not appear from the face of the application that they've complied with the requirements of the ordinance. When it's referred to the Contractor Licensing Board, the board shall take testimony, consider other relevant evidence, and then upon 161 16 June 17, 2009 the evidence presented here, the Contractor Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which the application has been made. So that's the determination being made here by the board is he -- based on everything presented to you today at this hearing, is he qualified or unqualified to perform the tasks set out in the ordinance. MR. BURNS: The certification that I have right now would allow me to be hired by a hotel. CHAIRMAN JOSLIN: Yes, it will. MR. BURNS: To maintain -- CHAIRMAN JOSLIN: And you're under their supervision, though, see? That's the difference. MR. BURNS: But I'm the person who's responsible for the maintenance. CHAIRMAN JOSLIN: You would be responsible for the maintenance to do the job, yes -- MR. BURNS: Yes. CHAIRMAN JOSLIN: But it doesn't mean you are liable for anything, because you do not work as a business, you are working for an entity that hired you. MR. BURNS: But that means -- CHAIRMAN JOSLIN: That's the difference. MR. BURNS: -- that I'm qualified. CHAIRMAN JOSLIN: And that could be an experience factor when you look at it. That could be part of your experience, if you went and did that. MR. BURNS: By them hiring me, that means that they're saying that I'm qualified enough to do the job to maintain their pool. CHAIRMAN JOSLIN: Well, yes, I guess they would say that, yes. MR. BURNS: So I am qualified. CHAIRMAN JOSLIN: Whether you are or not is still to be Page 67 161 � V� June 1 2009 subject to -- MR. BURNS: But I am qualified enough -- CHAIRMAN JOSLIN: -- looking at. MR. BURNS: -- is what I'm trying to -- CHAIRMAN JOSLIN: They are saying that. MR. BURNS: No, the certification says that. CHAIRMAN JOSLIN: Yes. MR. BURNS: Yes. CHAIRMAN JOSLIN: Under supervision, yes. Mr. Lykos? MR. LYKOS: Michael, can you come and take your paperwork back? I'm going to have you follow along with me on something, if you would. This looks like it would be pretty straightforward when we started out, and it's getting a little complicated. I'm going to ask you about 1.6.2.8, this lower section down here. And I'm going to borrow Kyle's paperwork. MR. OSSORIO: Go. MR. LYKOS: Sometimes this gift of start at the beginning to understand what they mean at the end, so I don't want to misunderstand what's in this ordinance. But if you follow along with me, the last two sentences of that section it says, water treatment that does not require such equipment, which is referring to permanently installed equipment up above, does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. CHAIRMAN JOSLIN: That phrase -- MR. OSSORIO: That tells you that if you have a residential pool and spa license you don't need to get a cleaning license. No license required, because you have a residential pool license. So you don't need to get two. 16 I O� June 17, 2009 CHAIRMAN JOSLIN: Actually, Mr. Ossorio, that's not quite correct. But it's under 1.6.2.9 is where that's coming from. That's where it begins at. This is a swimming pool /spa servicing repair contractor. That ties into the sentence that you're reading at the end of the page where it says water treatment. Because if you start at the top like you said, it begins with a 1.6.2.7, which is a commercial spa /pool contractor. All of those items that we're talking about that fall under each one of the those headings from that point lower all fall into the same idea that water treatment is not necessary, because your license allows you to do that in that license as being a commercially (sic) spa/pool contractor. The residential pool contractor is the one that you're reading, which is the 1.6.2.8, which you have to have a residential pool /spa contractor license, then you don't have to have any other licensure till you're allowed to do any other things regarding maintenance or servicing it. And then 1.6.2.9. says the same thing, but it just limits you on what you can do. And you're allowed to do repairs with that license. But the license that you're speaking of or this gentleman is wanting does not have that in that clause. That is a strictly maintenance license only. And you have to have a license for it; 24 months of experience and a passing of a two -hour business and law test. MR. LYKOS: I understand. CHAIRMAN JOSLIN: Okay, thank you. MR. OSSORIO: Mr. Chairman, didn't I say that, or no? CHAIRMAN JOSLIN: I thought you did, but I just wanted to clarify it one more time. MR. OSSORIO: All right. MR. LANTZ: I just have one more. I still don't agree with your interpretation. In other sections of the license, instead of saying in addition a license shall not be required, it would say, an additional 0-.= 16 1 1 V% June l], 2T709 license shall not be required, as in if you look under -- I don't know where it is but -- and I don't have the paper so I'm going by memory. On a plumbing contractor it says if you want to do septic systems, you don't need an additional license to do septic systems, your plumbing contractor license does it. CHAIRMAN JOSLIN: Right. MR. LANTZ: But it's specific in saying an additional license. Whereas this doesn't say an additional license. I mean, I'm not an attorney. Mr. White would be able to -- I'm sorry, Mr. Neale would be able to answer -- MR. WHITE: Blame Mr. Neale. MR. LANTZ: -- this. MR. NEALE: Yeah, blame me. MR. LANTZ: I'm looking at him and saying your -- but in my opinion, unless it says an additional license, that it means a license is not required. So I feel -- CHAIRMAN JOSLIN: Well, this interpretation -- MR. LANTZ: -- he doesn't -- it's an interpretation and that's for MR. BURNS: I know what pool cleaning techs are doing out there, and I feel like the community would benefit from an individual like myself. CHAIRMAN JOSLIN: Mr. Neale? MR. NEALE: I agree that there's distinctly a conflict in the ordinance. I would suggest to the board, because this is within the board's purview, that this be reviewed at some future meeting and a suggestion made to the Board of County Commissioners to amend the ordinance to eliminate the conflict, in whatever way the board sees fit. I would suggest to this board that the typical practice that it has followed in the past is to err on the side of the more restrictive. Since a licensed category has been created and the licensed category for which this gentleman is applying was created I believe subsequent to the Page 70 161 �qP� original drafting of this ordinance that included this no license required language, that the subsequent drafting would probably take precedence and therefore the more restrictive language would take precedence. And that would be my suggestion. I certainly would be open to doing research on it and seeing which is the case, but I would suggest that subsequent amendments to the ordinance and more restrictive language would be the controlling matter in this issue. CHAIRMAN JOSLIN: Correct. MR. NEALE: So therefore the more restrictive would probably be the case. Because it says no license is required, but it appears that that language was written before there was a license that existed to cover that area. Once the license existed to cover that area, then the new license I would believe would take precedence. CHAIRMAN JOSLIN: Any other questions of any other board members? (No response.) CHAIRMAN JOSLIN: Anything further? I'll give you more opportunity to state your case. MR. BURNS: I feel I've proved beyond a reasonable doubt that I'm more than qualified to clean residential private pools. Especially if the CPO certification states that I'm qualified to operate and maintain public pools, which is a greater responsibility. Technically it isn't, but the risk is higher. CHAIRMAN JOSLIN: I do -- I guess I'm going to agree with you in some ways. But -- MR. BURNS: I've done everything I can -- CHAIRMAN JOSLIN: -- as far as the experience factor goes, I feel as though you don't have it. MR. BURNS: But I've provided you -- CHAIRMAN JOSLIN: Mr. Jerulle? Page 71 16 i ib� June 17, 2009 MR. JERULLE: I'm sorry, were you done? MR. BURNS: No, go ahead. MR. JERULLE: As experienced as you have (sic), Mr. Chairman, what is the risk of granting someone like him a license? CHAIRMAN JOSLIN: Well, you have things that are in swimming pools that are very detrimental to a person, children, persons. How the system functions. There are so many brand new laws that have come out regarding the most recent law, which is the Virginia Graeme Baker Act, in which children were getting hurt in pools, and one died. And now there are major, major changes to the construction portion of it, as well as the maintenance of it. And actually tomorrow I do have another meeting with Mr. Dunn at Collier County regarding this act and how we're going to act on it. So there are lots of issues in even a private swimming pool. The pool that he gave us the pictures of that shows green in the pool, if a child went in there, they could very easily get ear infections, they could get e coli, they can get a lot of things, especially in a spa. MR. BURNS: It shows also -- CHAIRMAN JOSLIN: So there are -- MR. BURNS: -- that it was clean. CHAIRMAN JOSLIN: -- lots of things that can go wrong in a swimming pool that people aren't aware of. MR. BURNS: But the green pool is the pool that I fixed, that I cleaned. CHAIRMAN JOSLIN: Well, I can't deny that because I don't have pictures of it clean, I've got pictures of it green. MR. BURNS: No, I showed. This is the before and this is the after. It's simple to see that. I don't know -- I feel like there's a conflict of interest or something. CHAIRMAN JOSLIN: No, there's no conflict of interest, sir. I would be more than happy to give anyone a license in the swimming Page 72 16i 1M June 17, 2009 pool trade -- MR. BURNS: I feel like you're saying -- CHAIRMAN JOSLIN: -- because the more good people we have, the better it is, no doubt. MR. BURNS: I feel like you're saying the National Swimming Pool Foundation doesn't mean anything. I honestly feel that I am more than qualified. It's just all I want to do is just clean swimming pools and balance the water. That's it. I've been doing it for over seven years here in Florida. CHAIRMAN JOSLIN: Have you been cleaning other people's pools in town? MR. BURNS: Yes. CHAIRMAN JOSLIN: Have you? MR. BURNS: I've been doing it to gain experience. CHAIRMAN JOSLIN: You've been doing it without a license then, huh? MR. BURNS: I'm sorry? CHAIRMAN JOSLIN: You've been doing it without a license? MR. BURNS: I'm helping. I'm gaining experience. There's nothing wrong with helping people to gain experience. CHAIRMAN JOSLIN: Okay, that's enough. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Sir. MR. WHITE: The thing I'm hung up on is the phrase within the trade. It sounds like he has what otherwise might be the types of experiences he would get if he was operating within the trade. And what I see the regulation telling me that I should have evidence from the applicant on are his experiences or level of experience within the trade. I'm okay with the idea that he probably can supervise himself, so I'm not getting hung up on the one -year supervision requirement. I recognize there may be techs and then supervisors within the trade. Page 73 �6 117, 210 9V� une But it's the idea of whether his own statements and testimony about his experience gets him within the trade if he has not actually worked for someone in the trade, as opposed to done what may be the equivalent types of tasks not within the trade in the sense that he wasn't employed. So I'm kind of down here stuck on that hair and trying to split it in a way that makes most sense to be consistent with the intent of the ordinance and protect the consumers in the community. And so I'm just interested in other board members' perspective on it. CHAIRMAN JOSLIN: Anyone else have any other comments? MR. LYKOS: Mr. Chairman, I'm not going to go anywhere near whether or not I can understand if Mr. Burns has the expertise to clean pools to the level that you would understand that. I have other issues that I made notes on reviewing this case. Mr. Burns, you do have experience in running a business up in New Jersey, and -- MR. BURNS: Delaware. MR. LYKOS: I'm sorry, in Delaware. I apologize. So you do have some business experience. MR. BURNS: Absolutely. MR. LYKOS: But I have concerns about running a business in Florida. Again, if you do a great job and your business was to grow and you took on some employees or you needed some help, you don't have real business experience working for a Florida company. I question whether or not you've had to go through a chemical emergency working for another company, if you've had the training that other pool companies would offer as an employee of another pool company. I wonder about your ability to schedule work for several clients. I wonder about your ability to manage the finances of a pool service company. All those things are the kind of things that you learn when you work for somebody else, and you don't have that experience. Page 74 16 1 PS June 17, 009 So you might be a Ph.D. in chemistry, but if you don't understand how to service a client, if you don't understand how to run a business within the pool industry, I don't know that I'm comfortable issuing you a license with that other experience lacking as well. MR. BURNS: Is it likely that I would be able to learn all those things in a 24 -month span with a particular company? They just might keep me as a -- you know, if anybody wants -- if anybody finds out that I want to open up my own business, they're going to keep me down. They're not going to want to do anything with me or train me or see me go any further than just a pool cleaning tech. This is my opportunity to start a small business for myself and to try to survive in today's economy. This is a perfect example of a person struggling -- MR. LYKOS: Mr. Burns -- MR. BURNS: -- I've done everything I could -- MR. LYKOS: -- I applaud your entrepreneurial spirit, I truly do. However, you are concerned about another pool company investing in you, and what you're asking us to do is to let the general public be your school of hard knocks. And that's why you're in front of us. Because I don't know that I'm comfortable allowing you to continue your education at the expense of the general public. MR. BURNS: Everybody has to start somewhere. This would be my first pool cleaning service. When I started my first body shop, I learned as I went. I gained experience. That's how life works, you gain experience. This is my opportunity to gain my experience and to take off. This is -- that's what happens in life. CHAIRMAN JOSLIN: Okay, Mr. White? MR. WHITE: I just merely point out, I think I've come to some sense on that within the trade issue for my own way of seeing this. And I understand what the gentleman is saying. I agree with his efforts. But many of those life experiences are things that don't require licensure by boards such as ours. And in our community there's a Page 75 161 1 6 June 17, 2009 standard. And to me volunteering, no matter how good you are at it, is not the equivalent of experience within the trade. I think to be within the trade you either have to have had business experience somewhere else that's equivalent in a different jurisdiction, or you have to have worked for someone effectively in similar circumstances here. I don't see that. I'm willing to take on face value what the gentleman is saying and willing to accept the educational experience as a component, but it does not get me. If he wants to volunteer for a business enterprise to gain experience and have someone who's within the trade demonstrate by affidavit that he has that experience, I'm more than willing to consider it. But at this point I don't even think I'm comfortable with a restricted license to private and making it temporary. Because I believe that you don't get your experience on the job for this type of license. CHAIRMAN JOSLIN: Or like Mr. Lykos stated from the hardship of the people that he's going to be servicing, to learn his trade. Okay, I think we're ready to make a motion. MR. JERULLE: One more thing, if I may. CHAIRMAN JOSLIN: I'm sorry, Terry, go ahead. MR. JERULLE: You've taken the test and passed? MR. BURNS: I've done everything. MR. JERULLE: You have insurance? MR. BURNS: Yes. I'm legitimate. MR. JERULLE: And I'm assuming you're workmen's comp. exempt? MR. BURNS: Yes. MR. JERULLE: So here's a guy that's trying to start a business and trying to do it the right way -- MR. BURNS: Yes. MR. JERULLE: -- okay? And from my experience, I've hired pool companies to come service my pool and I've serviced my pool Page 76 161 V8 1 June 17, 2009 myself, and without knowing anything, I've done a better job than some of the pool companies that I've serviced (sic). MR. BURNS: Absolutely. MR. JERULLE: And I'm just convinced that this person, by the means of doing what he's done and taking the course that he has, is going to end up being a better pool tech than some of the people that I've hired. MR. BURNS: That's what I'm trying to get across. MR. JERULLE: So -- in my mind. And I'm not trying to convince you. I'm just -- I'm on the record saying in my mind I think I would be comfortable giving him a -- MR. BURNS: I don't understand why you'd want to hold back someone like myself. I'm not a bad person. I have no ill intentions. I've done everything I can to -- with the exception of working for a pool cleaning service. I can't afford to support myself on that kind of a income, so I went around that. I did everything that I could. I've done everything that I could. CHAIRMAN JOSLIN: One other question. MR. BURNS: I've got business experience. I owned and operated a collision repair facility for six years. CHAIRMAN JOSLIN: Okay, one other question? MR. HORN: Thank you. I don't think we need to go there with it, sir, but the other issue we haven't even started on was the credit report, credit history on this packet. Have you reviewed it? MR. BURNS: We're not here for the credit report. MR. HORN: It's our job to review all areas of that. We're just reviewing the experience because we haven't gone to that at this point. MR. BURNS: I've attached a letter with my credit report, if that helps. CHAIRMAN JOSLIN: I reviewed it earlier and I didn't think that that would fall into the issue. But yes, it does fall into portions of Page 77 16 E 1 b% June 17, 2009 the issue, because there are some things that are derogatory on his credit report, which is just another strike that we haven't even opened up yet. I'm going to go ahead and make this short and sweet. I'm just going to say that, Mr. Burns, at this particular time, without the experience knowledge and without the affidavits where you can verify that you have enough knowledge in the business to be able to own and operate a pool servicing company, I have to make a motion to deny this application. MR. BURNS: I strongly disagree. CHAIRMAN JOSLIN: Sir. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: I have a motion and a second on the floor. All of those in favor of the motion, signify by saying aye. MR. BOYD: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LANTZ: Nay. MR. JERULLE: Nay. CHAIRMAN JOSLIN: Motion carries 5 -2. I'm sorry, I think the best thing that you can do would be to either try to get some more experience from another pool contractor, work for them, or maybe go and do one other thing; you could go and -- you could go to Gainesville or you could go to Mr. Ossorio, he will guide you in how to go and take a full spa servicing repair contractor's test, which would eliminate all of this. And then you'll be able to do that as well as go and work on pumps and filters, and as you gain your knowledge, once you have that test, you're still going to need the Page 78 161 1 6 June 17, 2009 affidavits in order to get that license. MR. BURNS: Yeah, it's still -- CHAIRMAN JOSLIN: But wait up. If you pass the test, then we can come back and look at you and we may be able to just take away the repair portion of it and give you a servicing license and not let you do repairs yet because you haven't proven that portion. But with your CPO and passing that test, I'd be more apt to give you a license for sure. MR. BURNS: Minus the experience. CHAIRMAN JOSLIN: Minus the experience. Because I can use portions out of that experience because you passed the test. When you pass that test, I know it's not a very easy test to pass, it's all open book. But you will still have another knowledge to pass that test. And if you're telling me you're as good as you say you are, and I'm not doubting that you are, at -- MR. BURNS: I'm better -- CHAIRMAN JOSLIN: -- least then you'd have two credentials MR. BURNS: -- than half the people out there. CHAIRMAN JOSLIN: -- that I could go on, and I'm sure the board would go a different direction. I thank you but I'm sorry. MR. OSSORIO: Mr. Joslin. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: Let's -- we need to move on. CHAIRMAN JOSLIN: Yes, we do. MR. OSSORIO: I would like to go ahead and go out of order, if you may. CHAIRMAN JOSLIN: Sure. MR. OSSORIO: And have Edward Lee Whitsett, Case No. 2009 -08 under public hearing. He's here and present. CHAIRMAN JOSLIN: You want to then -- we only have one Page 79 161 b% June 17, 20 more entity here for a Tony Kirkland. MR. OSSORIO: Yeah, we have one, we have a credit report and then we have a second entity, but this is -- we need to hear this case first -- CHAIRMAN JOSLIN: Okay, I gotcha, I understand. MR. OSSORIO: -- so we can get moving. CHAIRMAN JOSLIN: Thank you, sir. MR. OSSORIO: Rob Ganguli will be presenting for the county. (Speakers were duly sworn.) CHAIRMAN JOSLIN: Okay, I'm just going to go through this little opening statement here as far as how this meeting runs. This is a Contractor Licensing Board Meeting and it's in regards to Case No. 2009 -08; License No. 23418 on RR 282811095. It's for Edward Lee Whitsett, Whitsett Construction, Inc. I'm just going to give you a little opening statement on how this is going to run. For general reasons the general process of the hearing is for the county to present opening statement where it sets out the changes in general terms how it intends to prove them. Respondent then will make an opening statement, setting out the general terms in his defenses to the charges. The county then presents its case in chief, calling witnesses and presenting evidence. The respondent may cross - examine these witnesses. 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, examine witnesses, introduce exhibits, et cetera. After respondent puts on his 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 with the county, getting a second chance to rebut (sic) after the respondent's 161 1 [�q June 17, 2009 closing argument. The board then closes the public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the board will give them a charge, much like a charge to the jury, setting our parameters on which they base their decision. During deliberations the board can ask for additional information and clarifications from parties. The board will then decide two different issues: First, whether respondent is guilty of the offense as charges (sic) in the administrative complaint. A vote will be taken in this manner. 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 (sic) sanctions 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, myself, or in his absence the vice chair will read the order to be issued by the board. The summary will set out basic outline of the order, but will not exactly be the same language as the final order. The final order will include full details required under state law and procedure. One quick question. Is there an attorney for the defendant here? No, you're going to do the case yourself. Okay. All right. I'll bring the county to state your case. You're going to do this? MR. JACKSON: Mr. Ganguli will be presenting the case for the county. CHAIRMAN JOSLIN: Rob Ganguli. I'm sorry. Would you like to have an opening statement, Mr. Ganguli? MR. GANGULI: Yes, Mr. Joslin. CLB Case No. 2009 -8, Edward Lee Whitsett, doing business as Whitsett Construction, Incorporated. On May 22nd, 2009, I addressed a complaint against the Respondent Jeffrey Scott Mitchell regarding the advertisements on his business card, which included several contractor license trades, as well Page 81 161 1 �� June 17, 2009 as the licensing information, RR282811095. My investigation revealed that this registered residential contractor number was in no way associated with Mr. Mitchell but was that of the company Whitsett Construction, Incorporated, Collier County Certificate No. 23418. In the process of issuing the appropriate fines to Mr. Mitchell for the violations represented on his business cards, I learned that he had obtained permission from the qualifier of Whitsett Construction, Incorporated, Edward Lee Whitsett, to use his contractor's license. These activities of authorizing an unlicensed contractor to use one's certificate or registration and of performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting construe violations of Section 4. 1.1 and Section 4.1.9 of Collier County Ordinance 2006 -46, as amended. CHAIRMAN JOSLIN: Okay, I have one quick stoppage for the moment. I need a motion to enter this packet No. 2009 -08 case against Edward Lee Whitsett into evidence, please. I need a motion to do that. MR. WHITE: So moved, White. CHAIRMAN JOSLIN: We have a motion. And a second? MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Second, Jerulle. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKO S : Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Okay, so moved. Page 82 161 W) June 17, 219 Mr. Whitsett, could you please come to the podium and be sworn in, please. THE COURT REPORTER: I have sworn him in. CHAIRMAN JOSLIN: Oh, you already did. All right. Would you like to give an opening statement on the charges that are against you? MR. WHITSETT: Yeah, there's not much to say, as I didn't give the guy permission to use my license, so. I mean, he works for me sometimes. Because I was in jail, he came and saw me. And he was supposed to finish up a pressure cleaning job for me. And he printed business cards and things like that up without my knowledge. CHAIRMAN JOSLIN: Okay, just for the record, I'm going to read the count that's against you. This is Count I of Collier County Ordinance 2006 -46, Section 4.1.1, you knowingly combining (sic) and conspiring with an unlicensed contractor by allowing one's certificate of competency to be used by an unlicensed contractor with intent to invade (sic) provisions of this ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under the ordinance to represent this said firm, such act shall constitute prima facie evidence of intent to invade (sic) the provisions of this ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, control of other such companies, such an act constitutes prima facie evidence of an intent to evade the provisions. Active participation requires job site supervision, knowledge and participation in the business operations of the company, including all contractual matters. And Count No. II, Collier County Ordinance 2006 -46, Section 4.1.9, performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed 161 1 �� June 17, 2009 contractor knows or should have known that the person or entity was unlicensed. Did you know this was going on? MR. WHITSETT: No. Like I say, he worked for me. He actually is a worker, an employee of mine. CHAIRMAN JOSLIN: How long did he work for you? MR. WHITSETT: He's worked for me on and off for 10 years. And he was just pressure cleaning, stuff like that. He's a carpenter, stuff like that. But he didn't -- he had no permission to use my license whatsoever. He was supposed to be following up on one of my jobs because I couldn't get to it, that was it. CHAIRMAN JOSLIN: Mr. Ganguli, do you have any comments or questions of the defendant? MR. GANGULI: I'd just like to present my case. CHAIRMAN JOSLIN: Okay. MR. GANGULI: We'll go after that. CHAIRMAN JOSLIN: Go ahead. MR. GANGULI: On May 22nd, 2009, the Collier County Office of Contractors Licensing received a preliminary complaint consisting of a business card for Jeffrey Scott Mitchell, which included advertisements for several contractor license building trades. In addition to this, Mr. Mitchell's business cards also displayed the registered residential Contractor License No. RR282811095. In your evidence packet this exhibit is listed as E -10. Gentlemen, as always, if you could follow along with what I'm talking about, it would probably help you. During the course of my investigation, it was discovered that this license number was in no way associated with Mr. Mitchell, but was that of the company Whitsett Construction, Incorporated, Collier County Certificate No. 23418. It was further discovered that Mr. Mitchell was neither a bona 161 1 e June 17, 2009 fide officer of this corporation, nor had any insurance coverage under the workers' comp. exemption held by this company. During a scheduled meeting in which appropriate fines were issued for his advertising violation, Mr. Mitchell produced a signed and dated note which appeared to grant permission from the qualifier of Whitsett Construction, Incorporated, Edward Lee Whitsett, to operate in the manner being addressed. This exhibit is marked as E -8 in your evidence packets. Gentlemen, the only defense I could anticipate Mr. Whitsett having was claiming that the signature wasn't his. So in your packets, there are two handwriting samples of Mr. Whitsett. Exhibit E -9 depicts his signature as it appears on a page taken from his contractor license application, and E -7 contains a photocopy of his driver's license which also depicts the same. The board can conclude the authenticity of the dated note at their discretion. Should the validity of the note be determined, it would construe violations of Collier County Ordinance 2006 -46, as amended, Section 4.1.1, which regulates unlawful authorization of an unlicensed contractor to use one's certificate or registration, as well as Section 4.1.9, regulating any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting. MR. OSSORIO: Mr. Ganguli? MR. GANGULI: Sir. MR. OSSORIO: Just one question. Did you confront Mr. Whitsett with this information? MR. GANGULI: I did. MR. OSSORIO: And what did he state to you? MR. GANGULI: He didn't deny that the signature was his. MR. OSSORIO: I have no further questions. If the board has questions, they're more than happy to answer (sic) of Mr. Ganguli. CHAIRMAN JOSLIN: Mr. Ganguli, in your expertise, in your I 61 1009 June 17, review of this case, do you feel as though the signature on this section of page number E -8 of the right to whom it may concern, I have given Jeff Mitchell permission to use my contractor's license number RR282811095; we sometimes work together and at other times Jeff works alone, that this was signed by Mr. Whitsett? MR. GANGULI: If Mr. Neale allows me to answer that question. MR. NEALE: You may. MR. GANGULI: It's my opinion that the signature's the same. MR. NEALE: Take into account that obviously Mr. Ganguli in that case is not testifying as an expert but only as a lay person. CHAIRMAN JOSLIN: Right. I'm just finding out what led him to believe that, that's all. Any questions? Go ahead. MR. HORN: Question for our defendant. Is this your signature on the page, sir? MR. WHITSETT: I've seen that. That looks like a forgery to me. The date's even wrong on that. And I don't know if he took my signature and photocopied the words different. I did write a letter saying -- or I signed a letter saying that he was acting as my agent to do a pressure cleaning job. I did sign something like that. But that doesn't -- I've never seen that before until I saw the evidence. MR. WHITE: So if I may follow up? So your testimony, your sworn testimony, is that that's not your signature? MR. WHITSETT: It looks like my signature. But I don't know if the -- the letter's not the letter that I signed. So I don't know if that's a way they can photocopy or whatever, but it's -- MR. WHITE: Let me try it again. It's your testimony today that you did not sign this document? MR. WHITSETT: That letter, yes. MR. WHITE: Thank you. 16 1 1 0% June 17, 2009 MR. GANGULI: Gentlemen, I do want to put on the record that when I visited Mr. Whitsett to serve him his subpoena and his notice of hearing and showed him this letter, he did relay to me that the date, May 20th, '07 that's on the document was actually done during the time that he was incarcerated. And it's my understanding he hasn't been there since '07. MR. WHITE: Well, those were some other questions, Mr. Chairman, I did want to delve into, but I wanted the county to finish its case. CHAIRMAN JOSLIN: Sure. If you're concluded right now? I'll give you an opportunity to cross then, if you'd like to ask any questions of the county. MR. WHITSETT: No. CHAIRMAN JOSLIN: No? MR. WHITSETT: I mean, the date's wrong. I mean, I don't know, this is all new to me. I know that I can't -- I just know that I had a partner before and I had a corporation. And that's where you have -- the only way somebody could use my license or work with me is if I made him a corporate partner. And this guy was an employee. And what he's done on his own, it actually happened while I was in jail. I had no control over it. CHAIRMAN JOSLIN: Okay. What I'm asking you then is the letter that is here that has your signature on it that gave them authorization to use your license, that was dated on 5/20 of '07? MR. WHITSETT: Yeah, but I didn't -- I've never given him permission to use my license. CHAIRMAN JOSLIN: Were you incarcerated at that time? MR. WHITSETT: In '07, no. CHAIRMAN JOSLIN: No. Were you working at that time? MR. WHITSETT: Yes. I've only been incarcerated for six weeks. 161 1 June 17, 200P� CHAIRMAN JOSLIN: Just a question. MR. WHITE: In fact, one of the -- if I may, Mr. Chairman? CHAIRMAN JOSLIN: Yes. I'm sorry? MR. WHITE: If I may? CHAIRMAN JOSLIN: Sure. MR. WHITE: One of the documents that I thought I saw here actually looked like it might have been part of some kind of an application, whatever showed an August '08 date. And my question, Mr. Whitsett, is what was your status as of August of '08? Were you -- MR. WHITSETT: I was working. MR. WHITE: Working. MR. WHITSETT: Uh -huh. MR. WHITE: Okay. CHAIRMAN JOSLIN: Go ahead, Mr. Jerulle. MR. JERULLE: Mr. Whitsett, how many employees do you have? MR. WHITSETT: Right now I have none. Just the one part -time, which was him. MR. JERULLE: How many -- at the maximum how many employees did you have? MR. WHITSETT: I had nine. That was four or five years ago, I had nine employees. MR. JERULLE: And how long have you had your license? MR. WHITSETT: Seven or eight years. CHAIRMAN JOSLIN: Do you have any jobs at the moment that are still ongoing or under permit right now? MR. WHITSETT: No. CHAIRMAN JOSLIN: Nothing. So there's no work underway under your license number. MR. WHITSETT: No. Nothing permanent. We were pressure cleaning, but there's nothing going on at all right now. Nothing. :: 161 1 0 June 17, 2009 CHAIRMAN JOSLIN: We were pressuring cleaning, meaning we. Who's we? MR. WHITSETT: Just the guy Jeff was pressure cleaning with me. CHAIRMAN JOSLIN: Is he still an employee of yours? MR. WHITSETT: No. Not now. He was going to do a job -- this all came about -- he was going to a job for me while I was incarcerated. And then I found out he was doing all this. That's how this came out. CHAIRMAN JOSLIN: So it's your testimony that he was allowed to go and do one job for you, is that the case? MR. WHITSETT: Paid by the hour, yes, as an employee. Just to go pressure clean a house. That was it. That's all he was supposed to do. CHAIRMAN JOSLIN: I'm sorry, go ahead, Mr. Lykos. MR. LYKOS: Mr. Ganguli, just to get a better understanding of everything that's included in this packet, if you look at document E -7, it looks like a license application? MR. GANGULI: Yes. MR. LYKOS: And then it looks like E -8 was probably inserted in between -- E -7 and E -9 probably go together; is that correct? MR. GANGULI: E -9 is from Mr. Whitsett's application to be a licensed contractor. I took this page out of his application because of his handwriting sample that was afforded to it. Same thing with E -7, it has his driver's license with his signature on it and that's the reasoning for me to include it in the packet. MR. OSSORIO: Mr. Lykos, E -7 and E -9 are, you're absolutely right, the application itself that's submitted probably simultaneously. Rob just put it in between the two so you could see in between. MR. LYKOS: I understand. MR. OSSORIO: Okay. CHAIRMAN JOSLIN: That was put in there for more or less for _ 6011 161 1 ks June 17, 2009 signature purposes; is that correct? MR. GANGULI: That's entirely why it was put there. CHAIRMAN JOSLIN: That's what I thought, okay. MR. LYKOS: So it looks like a lot of this case revolves around this letter, page E -8, which you received from Mr. Mitchell; is that correct? MR. GANGULI: Yes, sir. MR. LYKOS: And could you please remind me again, when was it you received this letter from Mitchell? MR. GANGULI: The citations for the violations that Mr. Mitchell received were -- they were about May 22nd, sir. I can't give you the exact date that I wrote the citations. But at the time that Mr. Mitchell was brought into the office to receive his fines, he produced this, I'm presuming as some sort of defense so he wouldn't receive his fines. MR. LYKOS: I'm trying to get my brain around how soon after you caught Mr. Mitchell and the time -- how much time passed between when you first caught him and when he came into the office and whether or not there was enough time to forge the document. Just trying to determine -- MR. GANGULI: To the best of my recollection, it was two days, Mr. Lykos. MR. LYKOS: Okay, thank you. CHAIRMAN JOSLIN: Yes. MR. BOYD: Rob, what was Mr. Mitchell doing or charged with? MR. GANGULI: Mr. Mitchell was charged only with his advertising. I didn't catch him on a job site performing any function that he wasn't licensed to do. It was the presentation of his advertising, which is depicted in E -10. MR. OSSORIO: Mr. Boyd, one -third of our complaints are usually for advertising. Constituents or contractors come in and say Page 90 161 1 A June 17, 2009 this particular person is advertising that this license doesn't match this corporation. So that's not uncommon that we get just an advertisement citation due to the fact that we get those complaints. MR. BOYD: Thank you. CHAIRMAN JOSLIN: Excuse me, the other item I'm looking at -- I'm sorry, Terry? MR. JERULLE: Do we know how many permits were pulled under this license? MR. OSSORIO: No, we do not. I don't think -- I think I checked CD Plus and I don't think -- if he did, he didn't pull that many, maybe one or two. But Mr. Whitsett can probably ask (sic), maybe he just worked as -- MR. WHITSETT: Maybe three or four at the most. MR. OSSORIO: I stand corrected. He's pulled two. MR. JERULLE: Two. By Mr. Whitsett or by the other gentleman? MR. WHITSETT: Not me. Yeah, your picture's in the computer at the courthouse. You have to go pull the permit yourself. You can't -- MR. JERULLE: So Mr. Mitchell's pulled permits? MR. WHITSETT: No, no. MR. JERULLE: That's what I'm asking. MR. WHITSETT: No, I pulled the permit. There's only been two or three, maybe four at the max. And I'm the only one that can pull them. CHAIRMAN JOSLIN: Mr. Whitsett, do you still reside your residence at 1145 Cherrystone Court? MR. WHITSETT: No. CHAIRMAN JOSLIN: No? MR. WHITSETT: My address is on the -- CHAIRMAN JOSLIN: How long have you not lived there? MR. WHITSETT: Three years. CHAIRMAN JOSLIN: Three years? Page 91 161 � t June 17, 2009 There's no copy in the packet of his license number. License or copy of his license at all, his contractor licensing? MR. OSSORIO: Mr. Chairman, I believe if you look on E -3 -- MR. BOYD: E -6. MR. OSSORIO: -- and maybe E -6 as well. But definitely -- E -6 is the state -- when you become a state residential registered contractor, you need to register with Tallahassee. And that's what E -6 is. And then when you're licensed with us, this is our certificate of detail on E -3, the top right. It says state number and the certificate number too as well, showing that -- depicting that he's a residential registered contractor, locally licensed by our office. CHAIRMAN JOSLIN: Right. The mailing address on the application, or the license application, is 190 Pebble Beach Boulevard; is that where you live now? MR. WHITSETT: I've moved several times in the last couple of years. Right now I live at 5305 Trammel Street. MR. OSSORIO: Which is depicted on E -6. So he changed his state registration, but he forgot to change his certificate down in Collier County. CHAIRMAN JOSLIN: Okay. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes, sir, go ahead, Mr. White. MR. WHITE: Mr. Whitsett, the county's E -3 shows under the expiration date for your state license that it's due to expire August 31 st of '09. MR. WHITSETT: Uh -huh. MR. WHITE: Have you made any application to renew or continue that license? MR. WHITSETT: No, everybody's license expires on that date. We just have to go down and pay the county to renew it. Everybody's expires that day. 161 1 ps June 17, 2009 MR. NEALE : Yeah, that's standard. MR. OSSORIO: Well, when you're a state registered contractor, you have to renew your license every year. And when you are state registered, you need to register with Tallahassee every year to make sure you do your credit hours. So Mr. Whitsett, if he hasn't done his credit hours, his continuing education, they won't reissue him a state registration number, and therefore his license with us will go inactive as well. That's one of the things we require when he renews is to make sure his state registration is current. CHAIRMAN JOSLIN: The state license is done in the odd years, correct? Every two years in the odd years? MR. OSSORIO: When you are a state certified contractor it's every even year, and when you're a state registered I believe it's every odd year. CHAIRMAN JOSLIN: But he is a -- just a registered license with Collier County, correct? MR. OSSORIO: Yes, state registered. CHAIRMAN JOSLIN: And that's every year. MR. OSSORIO: Yes. He has to redo his license every year with us and every even year with the state to get himself state registered. I think it's on EA I think it probably shows you the expiration date. Yeah, it expires 8/31/2009. So if you're state registered, you renew every odd year, if you're state certified -- CHAIRMAN JOSLIN: Every even year. MR. OSSORIO: -- like yourself, then you renew every even year. CHAIRMAN JOSLIN: Correct, okay. MR. NEALE: And there's not an application. Those are contractors, you know, there's not really an application process other than you have to submit to the state proof of your continuing education requirements. Page 93 161 1 b� June 17, 2009 CHAIRMAN JOSLIN: Right. MR. NEALE: And if you complied with that, then you pay your money, you submit your CEU's and get your license back. CHAIRMAN JOSLIN: Correct. MR. NEALE: In the county it's just they follow the state. CHAIRMAN JOSLIN: Any other questions from the board? Mr. White? MR. WHITE: Yes, Mr. Whitsett, have you gotten the requisite number of hours for training this year to maintain your license? MR. WHITSETT: No. I just -- when I get out of jail I'll just go on my computer. So it takes two days on the computer. And I have til' August. MR. WHITE: So it is your intention to renew? MR. WHITSETT: Yes, sir. CHAIRMAN JOSLIN: All right, if that's the case, then any other comments, questions? MR. WHITE: Just one for counsel, if I may. CHAIRMAN JOSLIN: Go ahead. MR. WHITE: You had indicated, when Mr. Ganguli was commenting about his opinion on the signature, that it was a lay opinion. What is the status of the law relative to us as board members being qualified to review a signature and make a determination about its authenticity or not? MR. NEALE: I think, you know, in this case you'd sort of look to yourselves as jurors in any other case and you use your knowledge and experience in these matters. You don't have any expert testimony as to whether that's his signature or not. You have the testimony of the two witnesses and that's really all that you can go on, plus the documents presented to you. So certainly that's one piece of evidence that you can weigh, and it's not based on expert testimony at all. So it's really just a matter of your own knowledge and experience in this matter, you know, based O-. •i 161 1 ��6 June 17, 2009 on the testimony given. MR. WHITE: Thank you. CHAIRMAN JOSLIN: Any other questions? (No response.) CHAIRMAN JOSLIN: All right, if that's the case then, I'll ask for Mr. Ganguli for a closing statement then. MR. GANGULI: All right, gentlemen, obviously Mr. Whitsett is facing some issues that -- or will be on the officer of the contractor licensing prosecution here today. But I'd like the board to be aware of some of the unusual circumstances. The notice of this hearing and subpoena were served in a variety of ways, including visits to the Collier County Jail to make personal contact. During these visits I inquired if Mr. Whitsett was even concerned about the welfare of his contractor's license and his present situation. At no time did he ever express anything but immense concern about the welfare of his license, stating that his livelihood depended entirely on retaining it. Mr. Whitsett's concerns were demonstrated with his inquiries about the ramifications of a felony conviction on his ability to remain a contractor in Collier County and whether or not he would be permitted to attend this hearing to testify if he were still incarcerated. I feel that the board should be aware that Mr. Whitsett specifically requested the unlicensed contractor who was fined for using his licensing information to also be issued a subpoena to attend this hearing so that he may have an opportunity to present his defense to the board. A subpoena was served to Mr. Mitchell. Obviously he's not here today. CHAIRMAN JOSLIN: Okay, that's it? MR. GANGULI: (Nods head affirmatively.) Mr. Whitsett, I'll give you an opportunity to give a closing statement. Page 95 161 .� June 17, 200 MR. WHITSETT: I really don't have anything to say. I just -- you know, I want my license, I want to keep my license. I didn't do this. This guy did this on his own. I'm innocent. That's all I can say. I want to keep on contracting. CHAIRMAN JOSLIN: What is your home phone number now? MR. WHITSETT: 239 - 234 -0884. CHAIRMAN JOSLIN: The reason I ask that, gentlemen, this is a very difficult situation we're in here, because we don't have a whole lot of evidence that is really I guess what you would call over and above a reasonable cause. We've got a signature on a card. We've got a card written, we've got another man's name on it. And I've got a different phone number than his home phone number. I'm just a little bit concerned as far as if we have enough to go on to go too far. Now, Mr. Neale, I'm going to have to ask you for a little advice here. MR. LYKOS: We've got to close the hearing first. CHAIRMAN JOSLIN: Well, okay, we'll do that first. MR. NEALE: Yeah, let everyone finish their statements, then -- CHAIRMAN JOSLIN: All right. Last statements, either side. One more time I'll give you. Mr. Ganguli, you're done? MR. GANGULI: (Nods head affirmatively.) CHAIRMAN JOSLIN: Mr. Whitsett, you're done? MR. WHITSETT: (Nods head affirmatively.) CHAIRMAN JOSLIN: I need a motion then to close the public hearing. MR. OSSORIO: Mr. Chairman, let me just -- can I just speak? I just want to make a statement. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: When Mr. Ganguli did confront Mr. Whitsett about this document, there was no cause. Ganguli thought that -- and due to the fact that Mr. Ganguli did not know Mr. Whitsett, that Mr. 16 i 1, p� June 17, 2009 Whitsett didn't know what Mr. Ganguli was here for. And when he presented that documentation, Mr. Whitsett seemed, in Rob's opinion, that very aloof; in other words, yeah, okay, I did it and basically yeah, that's my signature. And he didn't know that he was doing something illegal or immoral by signing that documentation. This is why we went forward, not just because of the signature, but Mr. Whitsett's candor about saying okay, yeah, I know the guy, yeah, I'm trying to help him out, whatever it might have been. No time or shape did Mr. Whitsett say that's not my signature. If it was your signature or anyone else's signature or not his signature, the very first thing Mr. Whitsett would say is that's not my signature, I didn't do it. This is why we proceeded with the information on top of E -7 and E -9 of the signature. So therefore we ask you find him in violation of these two sections of the code. CHAIRMAN JOSLIN: Go ahead. MR. JERULLE: May I ask the witness a question? CHAIRMAN JOSLIN: Yes, you may. MR. JERULLE: Have you taken any legal action against Mr. Mitchell? MR. WHITSETT: No, but I asked -- I thought he -- I asked this man right here if he could prosecute him for fraud and arrest him, because it's a felony to contract without a license. He said no, they have to catch him in the act of doing something. But I would like to. MR. JERULLE: So you have not taken any legal action. MR. WHITSETT: I'm incarcerated, sir. I mean, I have no access to an attorney or anything. Until if I get out of jail I can do something, but I'm just going on what the prosecutor said here, so -- I would prosecute, yes, if I could. MR. JERULLE: That's it. CHAIRMAN JOSLIN: Okay. Last questions? (No response.) Page 97 161 1, p� June 17, 2009 CHAIRMAN JOSLIN: No. Then I'll ask for a motion to close the public hearing. MR. BOYD: So moved, Boyd. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: All in favor of the motion, 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 7 -0. You can have a seat if you like for a moment. MR. HORN: Mr. Chair? CHAIRMAN JOSLIN: Yes. MR. HORN: If I may, I want to have the board members look at the signature. I have some concerns. I'm not a forensic expert, never have been, never claimed to, but I've owned a sports company since '97 that deals in sign memorabilia. Now people's signatures change over time, but there's about six different things that kind of concern me. So just comparing, we have two known signatures of the defendant versus the signed letter. Just looking at the letter versus that, the first concern is on the letter E in the first name. It has an extra loop in the bottom. The next letter, the D, it is two known samples. The D has a loop for the round part of the D. The letter that we have does not have the D. What else was there? On the E, there's a loop to make a -- let's 0 • �, 161 z gi June 17, 2009 just call it an opening on the Whitsett on the second part. The other two, it doesn't have an opening. On the H, it appears on his H's he doesn't do a loop, but it's not certain. On this one there's a big loop before the H. And there were a couple other things, like it looks like there's an extra S in this signature, like there's two S's, when there's only one in his name, obviously. So there's a couple of things. It's just questionable. CHAIRMAN JOSLIN: I have to agree -- MR. HORN: I wish we had a forensic expert. CHAIRMAN JOSLIN: It would have been nice, yes. MR. BOYD: Well, there's some real differences in the numbers. If you compare the numbers, the 5/20/07 to some of the numbers on the application. They're not even close. Because somebody that draws a slash through their seven would do that all the time. CHAIRMAN JOSLIN: Exactly. MR. WHITE: Bingo. MR. BOYD: There's not a single one. CHAIRMAN JOSLIN: I agree. MR. BOYD: So the numbers definitely are not the same, if Mr. Whitsett filled out the application for his contractor license. CHAIRMAN JOSLIN: I see the same things in the signature portions of it that I think that maybe everyone was looking at. But I mean, someone that's trying to forge a signature did a pretty close job. But again, I just don't think that this piece of paper, us not being forensic scientists, that we can actually say without a reasonable doubt that that signature is one in the same. I mean, let's just look at it in other fashions. This is a case that involves -- MR. NEALE: Gentlemen? CHAIRMAN JOSLIN: -- pressure cleaning. MR. NEALE: Mr. Joslin, if I may, before the board starts -- 16 1 June 17, 009 CHAIRMAN JOSLIN: Okay. MR. NEALE: -- because you're in the midst of deliberation, let me just -- CHAIRMAN JOSLIN: Go ahead, I'm sorry. MR. NEALE: -- lay out the rules a little bit here so -- CHAIRMAN JOSLIN: Yes. MR. NEALE: Everybody's heard this before, I think, but we're going to go through it again. Because it seems to be of particular interest and importance in this case. In this matter, the board shall ascertain in its deliberations that fundamental fairness and due process were afforded to the respondent. However, pursuant to the Collier County Ordinance, the formal rules of evidence as set out in Florida statutes shall not apply. The board shall consider solely the evidence presented at this hearing in the consideration of this matter. The board shall exclude from its deliberations irrelevant, immaterial and cumulative testimony. It shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. This is whether or not the evidence so admitted would be admissible in a court of law or equity. As noted several times and previously, hearsay may be used to explain or supplement any other evidence in a case such as this, but by itself it is not sufficient to support a finding in this or any other case unless it would be admissible over objection in a civil court. The standard of proof in this type of case wherein the respondent may lose his privileges to practice his profession is that the evidence presented by the complainant must prove the complainant's case in a clear and convincing manner. The burden of proof on the complainant in this case is a larger burden than the preponderance of evidence standards set for regular civil cases. The standards in evidence are to be weighed solely as to the June 17, 2009 charges set out in the complaint as Collier County Ordinances 90 -105 or 96 -46, Sections 4.1.1, which was previously read in the record as knowingly combining or conspiring with an unlicensed contractor by allowing one's certificate of competency to be used by an unlicensed contractor with intent to evade the provisions of this ordinance. When an unlicensed contractor acts as the qualifying agent for any firm without first making application under this ordinance to represent said firm, such acts shall constitute prima facie evidence of intent to evade the provisions of this ordinance. When a certificate holder allows his certificate to be used by one of our more companies without having any active participation in the operations, management and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company, including all contractual manners. That is Count I. And Count II is section 4.1.9, performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the unlicensed contractor knows or should have known that the person or entity was unlicensed. In order to support a finding that the respondent is in violation of the ordinance, the board must find facts to show that the violations, as set out, 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 96 -- of 2006 -46. These charges are the only ones the board may decide upon, as these are the only ones to which the respondent has had the opportunity to prepare a defense. Any damages that the board may find, should they find him in Page 101 161 1 June 17, 200 violation, must be also directly related to these charges and may not be for any matters not related to these charges. The decision made by this board shall be stated orally at this hearing, as effective upon being read by the board. The respondent, if found in violation, has certain appeal rights to this board, the courts and the State Construction Industry Licensing Board, as set out in the Collier County ordinance and the Florida statutes and rules. If the board is unable to issue a decision immediately following the hearing because of the 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, adopt the administrative complaint. The board shall also make findings of fact and conclusions of law in support of its findings on the charges set out in the administrative complaint. Now please proceed. CHAIRMAN JOSLIN: Okay. Discussion? MR. LYKOS: Well, I question what the motivation for each of the two parties would be for this letter and what the benefit was to each party. Seems like Mr. Mitchell had a lot more to gain from this than Mr. Whitsett did. Not to say that, you know, there was nothing in it for Mr. Whitsett, but Jeff Mitchell had a lot more to gain from this than Mr. Whitsett did. MR. WHITE: And I question the use of the tense have given. It seems a little awkward, rather than if I were signing a document contemplating moving forward. I hereby give, or something. CHAIRMAN JOSLIN: Right. MR. WHITE: And someone who's preparing a document where having had the permission earlier in time was essential may have Page 102 161 1 June 17, 2009 subconsciously influenced the use of tense. I don't know. We're all kind of, you know, reading things as best we can using our prior experience in life, but I don't see we're at, for me, a clear and convincing standard of evidence, let alone a reasonable doubt. So for me that's a key thing in looking at what the weight of the evidence is here. Even if this were a 50150 case, meaning preponderance was the test, it would be a close call for me. But under a clear and convincing, I don't see, it as being clear nor convincing. It may have been if Mr. Mitchell were here and we were able to inquire of him some of the specifics and some of the questions about intent. But I'm not convinced. CHAIRMAN JOSLIN: I have to agree with you. It's a -- you know, it's the duty of the board to I guess try to be as clear as we can be and as convincing as we can be when we're dealing with someone's livelihood on a license. But I know the board well enough to know and I know myself well enough to know that if there was any kind of an idea, thought that this man was out there doing this with this license, that I'd be the first one to make sure it's removed. But I just don't feel as though there's enough evidence in this packet to proceed too far. Unless someone else has something else that they can add or help me out on this. Because I just -- there's a lot of loopholes. I can't see any reason why for a pressure washing job there'd be a lot to gain. But the fact of this Jeff Mitchell being able to use that license and go out and do a lot of different types of jobs, if he chose to, or if he got phone calls on. Has anyone found out what Mr. Mitchell's phone number was on the business end of it, business card? On the business card it's different from any of the other phone numbers that we have on this packet. There's a 465 -3165 number for Jeff Mitchell. Now, it's possible that he just could have clear -cut stole the license for his gain. Now, I'm not saying that a 14 -year old relationship that the Page 103 16 I Z �j June 17, 2009 man's worked together -- I'm sure they're friends. So there's no doubt that if one hand fed the other one, then he wouldn't care. But I don't know that there's a way to prove that at the moment. MR. JERULLE: We have subpoenaed, did you say, Rob? We have subpoenaed Mr. Mitchell? MR. GANGULI: Yes, Mr. Jerulle, I served him a subpoena as well. MR. JERULLE: What are the consequences of him not appearing? MR. GANGULI: Mr. Neale, would you like to answer that question? MR. NEALE: Well, I'm just going to that. This board does have the power to issue subpoenas. The problem is within the statute and the ordinance the board doesn't have any direct enforcement power of subpoenas. They're more of a -- unfortunately of a persuasive nature than they are of a mandatory nature. The board would have to apply through the courts to obtain a subpoena and then utilize that subpoena, which then would have the force of law to compel the appearance here. So it's not really a -- and Mr. Zachary, would you concur? MR. ZACHARY: Yeah, I concur with that. CHAIRMAN JOSLIN: So we can issue a subpoena, but in essence we really can't force them to act on the subpoena? MR. OSSORIO: Mr. Joslin, just for the record, Mike Ossorio. Yes, when you sign the subpoena, if it's not obeyed or adhered to, we take it to the judge and we affirm it with the county attorney, and then he issues another subpoena with the two. So there is some bite to it and we're going to look into it. I'm going to have a meeting with the county attorney and the judicial system probably in the near future to find out what we're going to do about this subpoena not being -- Mr. Mitchell not here today. Page 104 6 June 17,'&2009 So with that said, we do have a bite and we will be pursuing this with the county attorney under Robert Zachary. MR. JERULLE: So if -- CHAIRMAN JOSLIN: So then there is the possibility then that we could table this particular case until we heard more evidence from Mr. Mitchell? MR. OSSORIO: That's up to the licensing board. MR. JERULLE: And that's along the thoughts of me asking the question is I would like to hear from Mr. Mitchell before I make a decision. Because there are some questions on both sides. CHAIRMAN JOSLIN: Right. I totally see. I agree. Yes? MR. BOYD: Has Mr. Mitchell been here before? MR. JACKSON: I can't think of any reason that he would have. He's not a contractor. MR. BOYD: Okay. MR. NEALE: Just as a point of reference, I as a legal matter would have difficulty recommending to the board that they table this matter because of the failure of a witness to respond to a subpoena issued by this board and thus not appear. Remember one of the primary roles of this board is to ensure that due process is afforded to the respondent. And by -- you know, the old adage of justice delayed is justice denied certainly would apply in this matter. And so therefore I would caution the board against continuing this matter solely to allow a witness who was validly noticed and attempted to have appear, I would have some real difficulties in supporting that decision. CHAIRMAN JOSLIN: Okay. That makes sense, I suppose, yes. MR. JERULLE: Under the circumstances, and I don't know how long he's going to be incarcerated, but under the circumstances, I don't know that's necessarily the -- believe me, I'm not trying to practice law here. Under the circumstances, I don't know that it's going to make Page 105 16 I 1 eS June 17, 2009 any difference. MR. NEALE: However, it's very important for the board to note, and this I should have said at the outset, the conditions of Mr. Whitsett's incarceration or lack thereof, the conditions of his other legal matters are completely beyond the purview of this board and must be ignored in any deliberation. CHAIRMAN JOSLIN: Sure. MR. ZACHARY: Mr. Joslin, I would point out that Mr. Mitchell, who's not here, may very well be at home in his living room watching this on television, and you would run the risk of -- if you continued it and had him testify, his testimony would be influenced by what he's heard here today. CHAIRMAN JOSLIN: Okay, I understand. MR. ZACHARY: Obviously he has an opportunity to do that. I want to just caution you. CHAIRMAN JOSLIN: Okay. MR. WHITE: And Mr. Chairman, even if he wasn't watching, he certainly would have the opportunity to see it later in time. CHAIRMAN JOSLIN: See it later. MR. WHITE: From my point of view, although I may have gained some additional insights and direct observation from the testimony of Mr. Mitchell, I think there's a strong presumption in my mind that anything he would have to add would be couched in terms of what was in his own best interest. And it is evidence to me that that would be the case just from the facts we have so far. I'm prepared to make a decision today and comfortable with it over time. If there's going to be anything that's going to be a problem with Mr. Whitsett in the future, I'd have to imagine it's something we're going to know about rather quickly. CHAIRMAN JOSLIN: Okay, I can certainly understand that. I was just looking -- I think Terry and I were both looking at just a way to make it a little more clearer and convincing in our decision, but I Page 106 June 17, 2009 can see your point and I can see definitely Mr. Neale's point about if our friend Mr. Mitchell would be watching this, it could be detrimental to either side. And we probably wouldn't learn anything new anyway. MR. WHITE: That doesn't mean that I'm not disappointed by him ignoring the subpoena. CHAIRMAN JOSLIN: No, I would definitely like to make that a conversation -- a topic of conversation down the road after this case is over, for sure. Because that's not something that should be -- we shouldn't be doing that. A subpoena is a subpoena. They should be here. So I'm going to ask for anymore conversation, anymore discussion or a motion. MR. LYKOS: I will make a motion that we find Edward Lee Whitsett d/b /a Whitsett Construction, Incorporated not guilty of Count I and Count II of Case No. 2009 -8. CHAIRMAN JOSLIN: I have a motion. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: And I have a second. Any discussion? (No response.) CHAIRMAN JOSLIN: All in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Are there any opposed? MR. JERULLE: Aye. CHAIRMAN JOSLIN: Motion carries 6 -1. Page 107 161 1 O� June 17, 2009 Just a little bit of paperwork now I have to read. The order of the board is: This cause came on for public hearing before the Contractor Licensing Board on June 17th, 2009, consideration of the administrative complaint filed against Edward Whitsett d/b /a Whitsett Construction, Inc. Service of the complaint was made by certified mail, personal delivery of publication in accordance with Collier County Ordinance 90 -105, as amended. The board, having hearing testimony under oath, 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 Edward Lee Whitsett is the holder of record of Certificate of Competency No. 23418 and RR2811095. That the Board of County Commissioners of Collier County, Florida, is the complainant in this matter. This cause came on -- whoops, sorry. That's it. And Mr. Neale, am I lost here? MR. NEALE: Yeah, the next is the board has jurisdiction -- board has jurisdiction of the person of the respondent, and -- CHAIRMAN JOSLIN: I'm sorry, yes. The board has jurisdiction of the person of the respondent in that Edward Lee Whitsett was present at the public hearing and was not represented by counsel at the hearing on June 17th, 2009. 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 -- MR. NEALE: No. CHAIRMAN JOSLIN: That is not in violation -- MR. NEALE: Right. CHAIRMAN JOSLIN: -- of Collier County Ordinance and is the one who did not commit the act. That the allegations of fact as set forth in the Administrative Complaint as to Count I, Collier County Ordinance 2006 -46, Section 161 1 �� June 17, 2009 4.1.1, being that knowingly combining or conspiring with an unlicensed contractor by allowing one's certificate of competency to be used by an unlicensed contractor with intent to evade the provisions of this ordinance. When licensed (sic) contractor acts as the qualifying agent for any firm without first making application under this ordinance to represent said firm, such acts shall constitute prima facie evidence of intent to evade the provisions of this ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management or control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this ordinance. Active participation requires job site supervision, knowledge and participation in the business operations of the companies, including all contractual matters. And also of Count II, Collier County Ordinance 2006 -46, Section 4.1.9, performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. The conclusions of law alleged and set forth in the administrative complaint as to Count I are approved, adopted and incorporated herein -- MR. NEALE : Are not. CHAIRMAN JOSLIN: Are not. Sorry, are not approved, adopted and incorporated herein; to wit: Respondent did not violate Section 4. 1.1 or 4.1.9, as amended in the performance of his contracting business in Collier County by not acting in violation of the sections set out in the administrative complaint with particularity. Order of the board: Based on the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance 90 -105, as Page 109 161 1 irs; June 17, 2009 amended, by a vote of six in favor and one opposed, a majority -- a non - majority (sic) vote of the board members present, the respondent has been found not guilty or not in violation as set out above. MR. NEALE: And the rest you don't need to -- because there's no order. CHAIRMAN JOSLIN: No order to read, right? MR. NEALE: And you said a non - majority of the board members present. You need to say that it was a majority. CHAIRMAN JOSLIN: A majority of the board members present. Sorry. Is that it? MR. NEALE: That's it. Case is closed. MR. OSSORIO: Mr. Chairman, it's 12:20. We could do two things: One, we can go to lunch or three; we can take a break and finish up. We have four items. I don't think they're going to take too long. CHAIRMAN JOSLIN: I'd just be apt to take a break and come back and be done with it, huh? Maybe 15 minutes or so? MR. WHITE: I'm okay without one, if you want to just move forward. Oh, you're not. So sorry. CHAIRMAN JOSLIN: Let's take a 15- minute recess and then we'll be right back. So it's 12:21, so 12:35. (Recess.) CHAIRMAN JOSLIN: Call the meeting of Collier County Contracting Licensing Board, June 17th meeting back to order again. And we'll begin where we left off on new business. And I'm going to go back to the one that we left, because the lady wasn't here. I believe she's here now. A Mirasol L. Santos, are you here? MS. SANTOS: Yes. CHAIRMAN JOSLIN: Would you please come to the podium on this side, please, and be sworn in. Page 110 16 I 1 �� June 17, 2009 (Speaker was duly sworn.) CHAIRMAN JOSLIN: Ms. Santos, you are in front of us today to -- review of a credit report that you have in your business that you're trying to establish -- MS. SANTOS: Yes, sir. CHAIRMAN JOSLIN: -- is that correct? MS. SANTOS: Yes, sir. CHAIRMAN JOSLIN: You want to give us a little bit of insight on what kind of happened? I've looked at your packet and I've got several questions for you, but maybe you want to give us a little oversight view as far as why the credit is in this condition that it is in. MS. SANTOS: I have a lot of medical, unpaid medical bills. And I had employed a credit repair company and assumed that it would be reappeared by now. I've been doing this -- it's been going on almost a year now I've been trying to get licensed and the school and everything like that. And when I submitted by application, I didn't check. I should have checked before I submitted my application. But I figured it had already been about four months into it and that my credit should be way better than what it was on the report. CHAIRMAN JOSLIN: Most of these are medical? I see most of them are. MS. SANTOS: I have a few charge -offs. I think one cable bill or something like that. But most them are medical bills. MR. OSSORIO: Mr. Chairman, just to clarify real quick, Mrs. Santos applied for a -- landscaping license, or was it tree? MS. SANTOS: Tree. Landscaping restricted, tree service. MR. OSSORIO: She took the exam, tree exam. I don't have any questions about her experience, she has some good credentials. And we, the licensing board -- or licensing division doesn't really take into account medical. But unfortunately that she hasn't had her business open for more than 12 months, we really look hard on her personal Page 111 161 t� l June 1 T, 2009 credit, and there are some things in there that -- the Sprint bill, the Direct TV bill, et cetera, et cetera, et cetera. My recommendation is that we put her on 12 -month probation and within four months a new credit report to see how she's doing. CHAIRMAN JOSLIN: Within four months? MR. OSSORIO: Yes. CHAIRMAN JOSLIN: Okay, I looked at the packet seriously myself, and there's nothing on here that's really -- I mean, there's no thousands and thousands and thousands of dollars. They're all basically medical payments. Are you going to -- I assume you're going to make a pretty much hard effort to try to get rid of these charges or these collections that are against you. MS. SANTOS: Oh, yes, absolutely. I put on my letter six months, just to be safe, but I imagine that it should be substantially better in at least three months. And that was back in May. So I figure another two months it should be substantially better. In four months it should be even better. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: I've looked at a lot of credit reports in the time I've been doing this, and it's safe to say that the ratio of collections and charge -offs to current accounts is probably the worst I've ever seen. I understand it except what the applicant is saying in terms of the medical bills and the idea that it's going to be improved. And I appreciate the staff s recommendation about the credit report. And the applicant agrees that four months may make some sense. I'm not comfortable with 12 months of probationary. I'm wondering whether six months makes more sense, because we would then be able to take a look at that credit report six months from now and see what's on there and kind of go from there. And I'm just wondering if that's an option for us, as opposed to the 12. Page 112 161 June 17, 209 CHAIRMAN JOSLIN: That is an option, sure. MR. WHITE: I just wanted to ask. CHAIRMAN JOSLIN: Twelve months probation is quite a long time to be on probation with a license. However, it does give us a little more -- MR. WHITE: History. CHAIRMAN JOSLIN: -- a little more control and a little more history on being able to monitor a little closer, providing that we are giving her a license, or allowing her to have a license. And also, this license that you're asking for is a restricted landscaping, where all you're going to do is what? MS. SANTOS: Tree trimming, some tree removal. Right now just basically residential tree trimming, picking up shrubs, stuff like that, landscaping. Any rock removal and put back, stuff like that. MR. OSSORIO: Mr. Chairman, it -- MS. SANTOS: Right now it wouldn't be anything big, because we're just starting out. MR. OSSORIO: It's a tree servicing contract, not a landscaping restricted, so she'll be -- it will be a full -blown tree trimming contractor. MS. SANTOS: Yes. CHAIRMAN JOSLIN: Go ahead, Mr. Lykos. MR. LYKOS: Mr. Neale, in line with the recommendation of staff, if we did a six -month probationary license, she'd have to come back in six months, come in front of us, we could review her credit again, we could extend it six more months, we could remove probation. So I think the length of probation isn't really critical. MR. NEALE: Right. MR. LYKOS: Whenever we have her come back, we can choose to extend probation or just release it altogether. MR. NEALE: Precisely. Yeah. And the board, you know, has in the past put forth a -- for example, a 12 -month probationary license Page 113 161,11 0% June 17, 2009 with quarterly reporting during that 12 -month period, things like that. Just as a point of reference, the State of Florida, for its contractors under Florida Administrative Code Section 61 G4- 15.006 sets forth as the standard for state contractors a FICO score of 660 or higher as being what is a good score for them. So just for the board's reference, that's the current standard at stake. CHAIRMAN JOSLIN: That's basically the minimum that you can have to -- MR. NEALE: Well, either -- if you don't have a 660 at the state level, you have to put up a financial stability bond or a letter of credit. CHAIRMAN JOSLIN: And hers was what, a 574, something of that nature? MR. NEALE: Uh -huh. CHAIRMAN JOSLIN: Well, I think she has the experience. As far as the experience goes, she's worked -- apparently the affidavits that you have in here are all from Santos, so I take it this is family? MS. SANTOS: Yes. CHAIRMAN JOSLIN: Mother, father and sisters and brothers and -- MS. SANTOS: Father -in -law, uncle. CHAIRMAN JOSLIN: Okay. Obviously you've had your hands in the pie quite a long time, right? MS. SANTOS: I grew up around trees. My dad had a nursery; my grandfather was a lawn guy. I helped when I was a kid all growing up and throughout school and on the side. And then as I became an adult, also did stuff on the side. And while working, I also worked as a bookkeeper for 12 years. So I have the experience and trade and the administrative part of it. And I believe if I'm given a chance, I know I will do well. I know I will. you. CHAIRMAN JOSLIN: Well, that's a good heart thought. Thank Page 114 16Jun 1e 1712009b� MS. SANTOS: Thank you. CHAIRMAN JOSLIN: Any other comments? MR. LYKOS: Mr. Chairman, I make a motion that we approve this license with a six -month probation, and that Mrs. Santos comes back in front of the board at six months and then we review her credit and make a further determination at that point. CHAIRMAN JOSLIN: I have a motion on the floor. MR. WHITE: Second. CHAIRMAN JOSLIN: Second, Mr. White. A motion and a second to approve the license. 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 7 -0. Congratulations. MR. JACKSON: Ms. Santos, your license won't be ready until tomorrow. MS. SANTOS: That's okay. MR. JACKSON: You'll be able to get it tomorrow. MS. SANTOS: Great, thank you. CHAIRMAN JOSLIN: Now, you do understand it's for six months. MS. SANTOS: Yes. CHAIRMAN JOSLIN: Okay, at the end of the six month. And then also in the -- well, yeah, in four months you'll bring back a credit Page 115 161 P% June 17,2 9 report? MS. SANTOS: Yes, sir. MR. LYKOS: No, six months. CHAIRMAN JOSLIN: I'm sorry, six months. MS. SANTOS: Six months, okay. CHAIRMAN JOSLIN: Just to make sure that you are doing what you said you were going to do with your people that are reviewing your credit. I would stay on them daily until they get it done, okay? MS. SANTOS: I have been. Since then I have been. CHAIRMAN JOSLIN: Okay. Good luck to you. MS. SANTOS: Thank you very much. CHAIRMAN JOSLIN: You're welcome. All right, next one in line here is -- who did we skip? Colleen Martinez, are you here? MS. MARTINEZ: Yes. CHAIRMAN JOSLIN: Please come to the podium and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Ms. Martinez, you are here to -- the review of your credit report, or a license that you are trying to obtain here. MS. MARTINEZ: Yes, sir. CHAIRMAN JOSLIN: For professional painting? MS. MARTINEZ: Yes. CHAIRMAN JOSLIN: As a painting contractor. MS. MARTINEZ: Uh -huh. CHAIRMAN JOSLIN: All right, would you like to give us a little bit of insight as far as what's going on with your credit? MS. MARTINEZ: Mine majorly is a lot of charge -offs due to a divorce. And my ex- husband is responsible for the debt in our divorce. And then there's a few medical things for my daughter. I was a single Page 116 161 1�% June 17, 2009 mother for a while. I have recently remar -- not recently, but I've remarried since then, and I have been working towards repairing my credit. CHAIRMAN JOSLIN: You said that your -- this credit or some of the items in your credit report that are listed are actually in your husband's name also? MS. MARTINEZ: Yes, sir. CHAIRMAN JOSLIN: And through a divorce decree he was the one that was supposed to have taken care of these items? MS. MARTINEZ: Yes, because he has kept the accounts current and he also has kept all the items that were charged with that account, so he's responsible for them now. CHAIRMAN JOSLIN: How long has this been going on? MS. MARTINEZ: As far as the credits that were charged off to him? CHAIRMAN JOSLIN: Right, or when the divorce decree was initiated. MS. MARTINEZ: I was divorced from him I guess eight years now. And so he's -- I don't know if he has paid those accounts or not. They do say that they are charged off to his name. If he's paying on them, I'm not sure. CHAIRMAN JOSLIN: And you have something in your divorce decree that clearly states that he -- MS. MARTINEZ: Yes, that he is -- CHAIRMAN JOSLIN: -- is responsible for the debts that -- MS. MARTINEZ: -- responsible for the debt. CHAIRMAN JOSLIN: -- are on here? MS. MARTINEZ: Uh -huh. CHAIRMAN JOSLIN: Is that in the packet maybe? MS. MARTINEZ: No, I did not include that, but I could bring it in if I need to. CHAIRMAN JOSLIN: How long have you been painting? Page 117 16 I � 09K June 17, MS. MARTINEZ: I've been painting off and on. My husband does the majority of the painting and I've kind of been painting off and on with him for a few years. CHAIRMAN JOSLIN: What does he allow you to do? Or what did he allow you to do? Did you paint or clean the brushes or, you know -- MS. MARTINEZ: Yes. I'm allowed to do the prep work and any of the cleanup, of course. And he trusts me with a few things here and there. CHAIRMAN JOSLIN: Anybody else? Mr. Lykos? MR. LYKOS: Mr. Ossorio, are you comfortable with the applicant's experience? MR. OSSORIO: I haven't really checked the -- her references. I did skim over it when I was reviewing her credit application. And I was going to call Coleman Homes, Mr. Coleman himself, and ask him about this, but I haven't got that far yet. MS. MARTINEZ: Excuse me, my father is actually -- he's my father, and he's actually here, if you would like to direct any questions towards him, for my experience. MR. OSSORIO: Is he a licensed painter? MS. MARTINEZ: He is a licensed contractor -- or he was previously -- I'll let him speak. I don't know what he's doing. (Speaker was duly sworn.) THE COURT REPORTER: May I have your name, please. MR. COLEMAN: Mark Coleman. CHAIRMAN JOSLIN: Mr. Coleman, has Ms. Martinez worked for you in the past? MR. COLEMAN: She's my daughter, and I was building homes, yeah, I had all the kids in there cleaning and prepping and sanding and whatever we needed to do. Mainly sweeping floors and making sure the job site was nice and clean. Page 118 161 1 p�� June 17, 2009 CHAIRMAN JOSLIN: See, I told you that's what you were allowed to do. MS. MARTINEZ: It was our punishment. CHAIRMAN JOSLIN: Any other questions from the board members? MR. JERULLE: No, if I could just -- you can go ahead and ask your question, but 20 years ago I worked with Mr. Coleman and know who he is. I don't know his daughter. But Mark used to do nice homes and did nice work. He was a very good builder on Marco Island. CHAIRMAN JOSLIN: Any other questions? Mr. White? MR. WHITE: I heard what Ms. Martinez said about the divorce decree and yeah, it would have been helpful to have seen how the distribution of debt was handled by that judgment. But there are a number of items on here, certainly four or five of them, that seem to originate from the past year or two and are in collection account status. Now, maybe they originally -- maybe they relate back to something original that was a medical debt and they're in a new credit agency's hands for collection, but Planet Fitness, is that one of the ones that you know was something that -- MS. MARTINEZ: There are a couple on there that I have never seen before. So Planet Fitness and Styles for Less are the two that I do not know -- I've never been a member of Planet Fitness so I don't know where it came from, and I have taken steps to resolve that with them. And also Styles For Less, I actually was employed by them at one time and they owe me my last paycheck, and I don't understand why it's showing that I owe them money. But I also have contacted them and they are no longer in business. MR. WHITE: Well, it's $62. I mean, it's not -- MS. MARTINEZ: I know, that's why I don't understand why it's on there. Because -- Page 119 161 1 b� June 17, 2009 MR. WHITE: Well, we understand that certainly there are all kinds of things that end up in a credit report and why it's important to keep an eye on it. But I just was trying to get to the root of some of these that seem to be maybe a little newer than the time period after -- MS. MARTINEZ: Yes, I understand. MR. WHITE: -- the divorce, so -- MR. LYKOS: Well, I know that Colleen is here because of her credit, but I still haven't heard anything that convinces me that she can run a painting company. She's swept floors and she did prep work and she sanded. And I used to work for my father and I know what it's like to work for your father, so I give you a lot of credit for surviving that experience. MS. MARTINEZ: Thank you. MR. LYKOS: But I still haven't heard anything that convinces me that she can go out and run a painting company. MR. COLEMAN: Sir, I have had her at home painting the walls with a roller, rolling some paint on the walls. She's excellent in cutting in. She's learning how to cut in. You know, the prep work I always felt like is the most important thing. Having that thing caulked, sanded properly, sweeping the floors before you spray or before you roll so that that baseboard's not like sandpaper, she has done all that part. Has she used the sprayer? No. But has she used the roller? Yes. Has she used the brush? Yes. And I've been doing this since '82 in Collier County. Of course she hasn't. She was only about two years old then. But she has been around the job sites forever, ever since I've been doing it. CHAIRMAN JOSLIN: The other thing that I see that is a plus is that she did take the painting contractor test, which I know isn't rocket science to pass. Mr. Bartoe, who used to be one of the investigators here for years, was a painting contractor. And I know if he could pass it, a lot of people can. Page 120 161 1 h June 17, 2009 MR. OSSORIO: Well, he took it several times. CHAIRMAN JOSLIN: I know. It'd take it a couple of times to pass. But I mean, she got 80 percent on that. And also on the business procedure she got a 92, which tells me she knows a lot about the business and law end of it. MR. COLEMAN: Well, A lot of the people that she'll be working with have -- will probably be contacts that I have made over the years, and those people with me kind of overseeing her and working with her will -- not working with her, but overseeing it, going in there. Because I'm very picky. Those jobs have to be neat, clean. And that's what sells jobs. And be priced right and just do what it takes to get it done and done right and finish the job. And those are the people that she'll be working for, a lot of the contacts I have, to get started. CHAIRMAN JOSLIN: You might want to caution yourself just a little bit, because if she doesn't get this license, you may end up working for her. MR. COLEMAN: You know -- MS. MARTINEZ: We've discussed that. MR. COLEMAN: -- that wouldn't be a bad thing, because I like to go to North Carolina in the summers and then in winter come here and just do a little bit. CHAIRMAN JOSLIN: Payback. MR. COLEMAN: I'm getting to that age. CHAIRMAN JOSLIN: It's payback they call it, you know that. MS. MARTINEZ: We've discussed it. CHAIRMAN JOSLIN: I'm sure you have. Any other questions? Mr. Lykos? MR. LYKOS: Who's Adrian Martinez who's going to be vice - president? MS. MARTINEZ: That would be my husband, and who has Page 121 161 ,� (�� June 2009 been painting for eight years. MR. LYKOS: Okay, because I was going to ask what his painting experience is. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: May I ask a question of the applicant? CHAIRMAN JOSLIN: You sure can. MR. WHITE: One of your verification and construction experience is for Keith Leonia? MS. MARTINEZ : Uh -huh. MR. WHITE: There's no time period filled in when you worked for him or -- can you tell us how long that period of time was that you spent with Sunset Builders or working on their behalf? MS. MARTINEZ: Sure. MR. COLEMAN: Well, I've been working with them since 1999. And my sons are now working with Sunset Builders doing trim work, as well as I am too. And she's been on the jobs with us, helping us, assisting us. MR. WHITE: Mr. Coleman, that's a very good answer for you. I was asking your daughter. MR. COLEMAN: I'll sit down then. MR. WHITE: Thank you, sir. MS. MARTINEZ: I'm sorry. I would have to say I've been off and on there for the last two, maybe three years helping out my father and now my husband. MR. WHITE: Were you an employee or -- MS. MARTINEZ: Of Sunset Builders? MR. WHITE: Of Sunset Builders. MS. MARTINEZ: No, I am not an employee of Sunset Builders. Whenever my dad needed me to come sweep, that's when I would show up. Or whatever he needed me to do. But I'm not an employee of Sunset Builders. Page 122 161 �% June 17, A09 MR. WHITE: Was it the same type of a relationship that you had with Steven Henell? MS. MARTINEZ: Yes. I am not an employee of them, I just come -- Steve Henell. I just help my dad with trim and my brothers with trim whenever they need me. CHAIRMAN JOSLIN: Anyone else? (No response.) CHAIRMAN JOSLIN: Okay, I'll make a motion that we approve the license for Professional Painting of Southwest Florida, Ms. Martinez, for a six -month period. In six months you come back as a probationary license. And I want to at least hopefully bring back some kind of a better little credit report (sic). And also if there's a way that you can get a copy of your divorce decree -- MS. MARTINEZ: Sure. CHAIRMAN JOSLIN: -- that verifies what you told us today regarding the debts that don't belong to you. MS. MARTINEZ: Okay. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: A motion and a second. All in favor signify by -- any discussion first? (No response.) CHAIRMAN JOSLIN: No. Any discussion, no. All in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LYKOS: Aye. Page 123 161 M June 12009 CHAIRMAN JOSLIN: Motion carries 6 -1. MS. MARTINEZ : Thank you. CHAIRMAN JOSLIN: You're welcome. Good luck to you. And you can't get your license today; it'll have to be tomorrow, okay, when they are down there again. Good luck to you. MR. COLEMAN: Thank you. CHAIRMAN JOSLIN: You're welcome, Mr. Coleman. A Tony Kirkland, are you in the room, please? MR. KIRKLAND: Yes, sir. CHAIRMAN JOSLIN: Would you please come to the podium and be sworn in. (Speaker was duly sworn.) CHAIRMAN JOSLIN: You'll have to just bear with us for a second, Mr. Kirkland, we just got this packet. I know you're here for -- to qualify a second entity; is that correct? MR. KIRKLAND: Yes, sir. CHAIRMAN JOSLIN: Okay. And right now you own -- what company do you own right now? MR. KIRKLAND: TK Pump and Irrigation. CHAIRMAN JOSLIN: Okay, that's what I thought. Which does what? MR. KIRKLAND: Irrigation work. CHAIRMAN JOSLIN: Irrigation work. MR. KIRKLAND: Yes, sir. CHAIRMAN JOSLIN: Is this irrigation of homes or is it irrigation for any place, lakes? MR. KIRKLAND: Pumps, homes, residential, commercial, new installs. I'm licensed to do all that. CHAIRMAN JOSLIN: How long have you been in business? MR. KIRKLAND: A little over five years. CHAIRMAN JOSLIN: Staff have any comments as far as any Page 124 16 I June 17, 2009 problems that Mr. Kirkland has had with his other business? MR. OSSORIO: No, I think he's a good contractor. He calls us on many occasions to turn in unlicensed contractors. He's out there. CHAIRMAN JOSLIN: All right. MR. OSSORIO: So he's doing it the right way. CHAIRMAN JOSLIN: The new business you're opening is called Earthcare Landscape Services; is that right? MR. KIRKLAND: Actually, I'm going to be qualifying Sean McGuinness -- CHAIRMAN JOSLIN: Right. MR. KIRKLAND: -- Earthcare Landscape. CHAIRMAN JOSLIN: Well, qualifying, that means that you're part in there, you're part of Earthcare Landscapers. MR. KIRKLAND: Yeah. CHAIRMAN JOSLIN: Okay. What's your reason for doing that? Being that you're in the pump and irrigation business, what makes you want to get into landscaping? MR. KIRKLAND: He's been doing it for 19 years. We've been working together for over five now, you know. And he wants to get his license real bad. So after I can qualify him for I think two years, he can get his irrigation license on his own later on. It's just basically to help him out. MR. OSSORIO: Mr. Chairman, just to give you a quick overview. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Tony Kirkland has an irrigation license. The company he wishes to qualify has a landscaping company restricted, meaning he can't do irrigation. So the landscaping company, the gentleman wants to take the irrigation exam, but he doesn't have the experience. Tony has been doing all his work for many years, all the irrigation for him by the homeowners association, whatever it might Page 125 161 b� June 17, 219 be. And Tony wishes to qualify his company, a landscaping company, and be in charge of it, day -to -day operations of the company, hiring, firing, supervise the job to make sure it gets done right. And then within a period of three or four years when, you know, this gentleman gets more acclimated with the irrigation, Tony Kirkland can sign off his qualifications truthfully and say he's an irrigation contractor, therefore he's ready to take the exam. So they're just doing it the right way. CHAIRMAN JOSLIN: I understand. Very good. MR. KIRKLAND: That's what I meant to say. CHAIRMAN JOSLIN: That's okay. He always says the right words. We just kind of search out those words, that's all. I like to hear it from you. Just so you know what you're getting yourself into. You understand that you're liable for the company, both companies now? MR. KIRKLAND: Yes, sir. CHAIRMAN JOSLIN: Okay. Now, we're going to get into something else that I'm looking at here. And I'm wondering. I've got a credit report here from TransUnion showing Tony Kirkland, which I assume is you. MR. KIRKLAND: Uh -huh. CHAIRMAN JOSLIN: I'm seeing a lot of collections, a lot of medical bills. MR. KIRKLAND: The only thing you should see on there is medical. CHAIRMAN JOSLIN: Medical, yes. A lot of medical. MR. KIRKLAND: Uh -huh. CHAIRMAN JOSLIN: Can you kind of give us a little insight of what's going on there? MR. KIRKLAND: Yeah, about 10 months ago I almost died. They still don't know what -- I spent $40,000 -- well, the medical bills totaled $40,000. And I paid a lot of them off. I think there's a balance of 17,000 that's left. Page 126 41 1175 2k9 CHAIRMAN JOSLIN: I assume you didn't have insurance at the time when you -- MR. KIRKLAND: No, sir. I have paid thousands and thousands of dollars to them, though. MR. OSSORIO: Mr. Chairman, I can contest. I was there when I saw TK Pumping. I mean, he went through -- one day he was fine, the next day he's on ICU. So it does happen. But his credit report on his business looks pretty clean. CHAIRMAN JOSLIN: Just a question. Mr. Ossorio, what's your recommendation? MR. OSSORIO: We approve the license. MR. NEALE: And this has happened before, and I think it's more an administrative issue sometimes, is the only credit report that actually should be in there is the business credit report, because he's been in business for more than one year. So that credit report actually is in error and shouldn't even be looked at. CHAIRMAN JOSLIN: Okay. Any other questions? MR. BOYD: I move we approve the license. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Motion and a second to approve the license. 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 7 -0. Congratulations. Page 127 161 b% ;09 June 17, MR. KIRKLAND: Thank you. CHAIRMAN JOSLIN: Have fun. Okay, that pretty well does the minor stuff. Now we've got one - MR. OSSORIO: We have old business. CHAIRMAN JOSLIN: -- item in old business. MR. OSSORIO: Case No. 2009 -06, and Rob Ganguli will be discussing it with you. CHAIRMAN JOSLIN: Okay. This is in regards to a Bobby J. Phillips, Jr., d/b /a Bob's Air Conditioning and Refrigeration, Inc. Seems like this morning I saw that gentleman here. And he just must have left on his own I guess, huh? MR. GANGULI: Do you need me to swear in again, ma'am? THE COURT REPORTER: Yes. (Mr. Ganguli was duly sworn.) CHAIRMAN JOSLIN: Mr. Ganguli? MR. GANGULI: Mr. Joslin, the last time we met, the board gave an order for several things. Mr. Phillips needed to obtain a permit and get the work done for the residence at 6901 Compton Lane. As of this morning, no permit was in issue status. The old one that he had obtained was still in cancel status. I called him and informed him several times that we'd be meeting here today and that there were several things he needed to take care of before he appeared in front of you. This morning I found Mr. Phillips in the office of the County Commissioners and escorted him into the chambers here. And somehow I can't help but feel that when you called the first recess he thought the hearing was over and he left. I remember Mr. Guite' at the hearing inquired of Mr. Phillips whether or not he felt he'd be better off with legal representation. He seemed to be playing a different role here today. But the fact is he never got the permit. CHAIRMAN JOSLIN: All right. Well, that was the order of the 16 I jb� June 17, 2009 board, I'm quite certain, to get that permit. And that was the only permit that he was allowed to be able to honor -- MR. GANGULI: That's correct. CHAIRMAN JOSLIN: -- Collier County was going to honor. MR. GANGULI: That's correct. CHAIRMAN JOSLIN: And if it didn't happen, then we would make our ruling on that pretense. MR. GANGULI: That's correct. MR. OSSORIO: Mr. Chairman, you can see on your packet, the first part of it is a letter to G.W. Harrell, who is the executive director of the licensing board, letting him know what we're doing with the state certified contractor. Then you also see your finding of facts, signed by yourself, and the order of the board on count number one, permit pulling privileges. We recommend that you go ahead and find him guilty of 4.2.2 and suspend his building privileges indefinitely, and I'll rewrite the letter to the construction board. MR. WHITE: So moved, White. CHAIRMAN JOSLIN: Second, Joslin. We have a motion and a second on the floor. 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: Are there any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 7 -0. Now, do I need to read the orders of the board again, or no? Page 129 161 1P� June 17, 2009 MR. NEALE: No, I think -- CHAIRMAN JOSLIN: It's already in here already, right? MR. NEALE : Yeah. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Mr. Joslin, one more housekeeping item. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: We're going to be trying to have a scheduled licensing board in August, and we're going to try to do it every other month for convenience and plus to try to save a little bit of tax dollars. So if nothing really happens this month, we're going to definitely have it in August. So we'll see how it plays out in July. CHAIRMAN JOSLIN: Okay. MR. JERULLE: When you say cost savings, I guess I don't understand. MR. OSSORIO: Well, court reporter, probably the renting of the room. And, you know, the board members are expensive too as well. MR. JERULLE: Which means that we need to schedule our time differently then. Instead of just a couple of hours once a month, it's going to be several hours every other month? MR. OSSORIO: Could be. CHAIRMAN JOSLIN: If the caseload is such, right? MR. OSSORIO: You know, for right now July, we typically have an agenda for August, and it does fill up. And we tried to make sure that -- we try to make sure that we don't go past noon. If not, we push it back till two more months. Unless something happens in the next couple of days and we need to have a July meeting. I'll let you guys know. If something pressing happens or we have an emergency issue we need to go ahead and schedule, then we will do so. MR. JERULLE: Okay. CHAIRMAN JOSLIN: So right now the every other month is something that will be just on a basis that we're going to do, unless the something comes up differently? Page 130 16 1 0 June 17, 2009 MR. OSSORIO: Yes. CHAIRMAN JOSLIN: Okay. MR. LYKOS: Couple of things, if I could make some requests? I don't like getting these credit report cases the day of our meetings. Unless they're an automatic slam dunk for you, I really like to take the time to go through and try to understand a little bit about the applicant. And to have to do those reviews while the person is standing there waiting for us, I really don't like those. So if we can avoid that. Now, I understand sometimes you do it -- like the one today was pretty much a slam dunk. But if we can avoid it, I'd rather to avoid it. I don't like feeling pressured to go through that report and make a good decision without the time to review it. MR. OSSORIO: Since we're here, I know Patrick White was on the construction licensing board in Lee County. Do they have a board meeting every month, or is it every other month? MR. WHITE: It was Cape Coral, they had monthly meetings. And I represented the Lee County board and they also had monthly meetings. MR. OSSORIO: And that was several years ago, though, so -- MR. WHITE: Yeah, that probably goes back to '95 that's been the practice. CHAIRMAN JOSLIN: Well, there's no doubt that with the economic factor the way it's falling into play, there's several other items that are out there that I'm not real content with. Having been on this board for this many years, I just feel as though somehow or another we have to get message across to the commissioners or Collier County or whoever the powers to be may have to be done too to try to keep the investigators that work here in Collier County against unlicensed contracting in the field on a five -day basis. I know the economic time is bad, I know the money is tight, but there's got to be a way that these investigators need to be out there. Page 131 161 1(� June 17, 2009 Just so that you know for the record, Mr. Lykos and myself attended the board of commissioners meeting here the beginning of June, I believe it was, and we hung around just about all day, but we never could get on the agenda. We were supposed to be able to talk about asking them and presenting them right to the commissioners. But their agenda was so tight and so booked and it went on and on. And at 4:00 Mr. Lykos walked out, and we still couldn't get in. So we did try our best to try to get this out into the open. But if code enforcement can be out there working and they're issuing the same types of citations for different offenses that Collier County residences are calling in about, I know we're getting calls and I know licensing is getting calls. And I think now more than ever is the time when we really need to be out there, with the way that their workload is right now, people laying off people, they're all going to be looking for work and we're going to see more of it, I'm sure. So just so that you know I'm doing everything in my effort to try to do something to keep it open or try to keep at least the office open, even if it's on a satellite or a temporary operation. But at least keep the phone lines there. 800 number doesn't work. I tried it myself. I tried it myself Saturday, and got a machine and that's it. If there's someone working that I find out there in the field that I know is unlicensed and shouldn't be there, I make a call, they're going to be out there next time. So these are all just things that I just want to at least let people know here on the board that I'm trying to do anyway. Anything else? Any other reports, meetings? (No response.) CHAIRMAN JOSLIN: Next meeting I guess is August 19th, unless we hear differently from Mr. Ossorio. I just need a motion. MR. LYKOS: Motion to adjourn, Lykos. MR. LANTZ: Second, Lantz. Page 132 16 r 1 o June 17, 2009 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. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:12 p.m. COLLIER COUNTY CONTRACTOR LICENSING BOARD RICHARD JOStIIN Chairman These minutes approved by the board on or as corrected presented M Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 133 Fiala Halas Henn! Coyle Coleft 16 1 1 �I July 1, 2009 OF THE MEETING OF THE COLLIER COUNTY WMENT SERVICES ADVISORY COMMITTEE RECEIVED Naples, Florida, July 1, 2009 AU6 11. 2009 (3oard'f County Commissioners LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business therein, met on this date at 3:00 P.M. 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: William Varian Vice Chair: Thomas Masters Charles Abbott James Boughton Clay Brooker (Excused) Laura Spurgeon DeJohn Dalas Disney David Dunnavant Marco Espinar Blair Foley (Excused) George Hermanson (Excused) Reed Jarvi Robert Mulhere Reid Schermer Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES — Staff Liaison Bob Dunn, Director, Building Review and Permitting Nick Casalanguida, Director, Transportation Mi�d36hm:ning Susan Istenes, Director, Zoning & Land Dev- ment D�� Phil Gramatges, Interim Director, Public Utilities —TM—vision Derr 1b 1 1 1'�A July 1 200 I. Call to Order The meeting was called to order at 3:05 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 Marco Espinar moved to approve the Agenda as submitted. Second by Thomas Masters. Carried unanimously, 10 -0. III. Approval of Minutes — June 3, 2009 Meeting Robert Mulhere moved to approve the Minutes of the June 3, 2009 Meeting as submitted. Second by Dalas Disney. Carried unanimously, 10 -0. IV. Public Speakers (None) V. Staff Announcements /Updates A. Public Utilities Division Update — Phil Gramatges • The Public Utilities FY 2010 Budget was presented to the Board of County Commissioners at a recent Budget Workshop • The BCC will approve it in September, 2009 • Major allotment is for maintenance projects B. Fire Review Update — Ed Riley, Fire Code Official (Not present. Fire Plan Review — Time Frame and Activity Report was distributed to Committee.) C. Transportation Division Update — Nick Casalanguida • Existing Capital projects slated for completion within the next twelve months: • Santa Barbara Extension • Collier South o State project (I- 75 /Immokalee) • Bids will be accepted for new projects within the next two months: o Oilwell Road o Design project for 951/41 Constructions bids will be accepted on Davis Blvd. (between 951 and Radio Road) and Collier Blvd.(between Davis Blvd. and the canal) within the next six months (Charles Abbott and Mario Valle arrived — 3:10 PM) • Water Management permits will be finalized and DOT /Federal Highway approved a 4 -inch variance for 951 saving the County $4M • A pathway is being installed on the inside of the guardrail along the canal by the golf course on 951 • Transportation Department received a $500,000 Grant from the Department of Energy for a study to reduce carbon emissions on County roads 16 1 k9 July 1, 2009 • Bids were received on the Industrial Park MSTUs and consultants have been chosen • The pathway project on Vanderbilt Drive will be submitted for Engineering review D. CDES Update — Joe Schmitt, Administrator • A consultant has been hired to review Building Permit fees and anticipated new fees will be between 30 to 40% higher • The BCC decided to not allow augmentation from the General Fund • Chairman Varian will be advised of the dates and times when the consultant will meet with Mr. Schmitt • The new fee schedule will be presented to the Committee in August for review before presentation to the BCC • Fund 131 will not be permitted to receive any subsidy, per the BCC • Commercial Building Permits are taking longer to issue due to lack of personnel to conduct Zoning Reviews • Commercial Building Permit fees will be increased • May obtain a temporary loan from Fund 603/604 of $1.4M to pay costs for the remainder of the year (Fund 603/604 is a Capital Fund from Parks & Rec) • The BCC has accepted there will be a fee increase in order to recover costs Mr. Schmitt stated there are no large subdivisions being built and subdivision fees supported other uses. A suggestion was made to establish a process to eliminate certain types of building reviews and /or costly Code requirements. VI. Old Business A. Contractor Licensing Staff Schedules — Bob Dunn • The decision was made to keep the Friday closing schedule instead of implementing a Monday /Friday schedule shift • It will cost $124,000 to operate the Department for the remainder of the year on a five -day schedule but no funding is available • Contractor licensing fees are very low and should be revised/raised B. Discussion on Friday Closings and Effects - Joe Schmitt • Standard work week is now 4 days /32 hours • Friday is no longer considered a "normal" business day • If a permit was pulled in January — March, there is no credit for the prepaid services and it will cost an additional $220 to obtain a Friday inspection Committee questions: • IIas the impact of increased fees on local business been accounted for? • Can the County hire a private provider to operate the Building Department? (Fees will not be reduced in this scenario.) • Is it possible to combine Code 1?nforcement with Contractor Licensing as was once done in Collier County? 161 M July 1, 200 Joe Schmitt stated without fee increases, he may have to eliminate fifteen positions in the Building Department and operate at "caretaker" status. The purpose of the increased fees is to help rebuild Fund reserves. C. City View update - Joe Schmitt • Phase II — Engineering Plan Review and Zoning Module has been implemented and "bugs" are being worked out • Phase III — Building Department — final schedule is being prepared • One hurdle is building the database • Project was scheduled to "go live" in October but may not happen due to personnel changes D. Permit Fee study update - Bob Dunn, Mike Levy, Laura Wells • Draft of study will be completed prior to first meeting in August • As soon as Consultant provides numbers, a "prep meeting" will be scheduled prior to meeting with DSAC Two Subcommittees were formed to attend meetings with Staff and Consultant. Building Fee Subcommittee: 1. Bill Varian 2. Dalas Disney 3. Mario Valle 4. David Dunnavant Zoning Fee Subcommittee: 1. Reed Jarvi 2. George Hermanson 3. Bob Mulhere 4. Blair Foley (Bob Mulhere left — 4:30 PM) VII. New Business A. Review Times and Staffing from Funds 113 & 131 - Joe Schmitt, Bob Dunn and Susan Istenes Chairman Varian stated he has been contacted by three different A/C companies complaining of the wait time to obtain an HVAC change -out permit. He asked if the problem was due to the review times or a staffing issue. Discussion ensued concerning procedures, staffing issues, and the new Energy Code requirements. (Reid Schermer left 1:37 PM) B. Records Management - Jamie French Discussion ensued regarding the sign -in (tracking) system, the process of obtaining off-site records, inventory control issues, staffing considerations, the backlog situation, volunteer options, and scanning to the County's hard drive. ��� �J, July 1, 2009 (Dalas Disney left — 4: 40PM) The "SIRE" System was also discussed: • When portal is installed, public will be able to access • Digital conversion of paper goods from "jpeg" and "TIFF" to "PDF" format VIII. Committee Member Comments A question was asked concerning obtaining copies of the Minutes. Member were advised that final Minutes were available through the Clerk's Office website: • www.collierelerk.com • "Clerk to the Board" (pull -down menu) • "Advisory Board Minutes" • "Developmental Services Advisory Board" — 2009 Minutes Next Meeting: August 5, 2009 at 1:00 PM DSAC Meeting Dates: September 2, 2009 —1:00 PM October 7, 2009 —1:00 PM November 4, 2009 — 3:00 pm December 2, 2009 — 3 :00 pm There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 4:45 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE c William Varian, Chairman The Minutes were a �oras by the Board /Committee on as presented , amend ed 5 F! , P; i ! .,Oyle Coleti 14 k C &ab May 6, 200 0 5 2009 Foam it counrr (,ommiwoners MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, May 6, 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 in Building "F" of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: VICE CHAIRMAN: William Hughes Dr. Judith Hushon Noah Standridge David Bishof Michael V. Sorrell Ninon Rynerson Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manages: Chris D'Arco, Principal Environmental Specialist thy: n D 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 6, 2009 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order II. Roll Call Ill. Approval of Agenda IV. Approval of April 1, 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU- 2009 -AR -14148 Transportation Facility For School District of Collier County CU Section 4, Township 49 South, Range 28 East VII. New Business VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment 161 1 b�f Council Members: Please notify Susan Mason with Environmental Services no later than 5:00 p.m. on April 30, 2009 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (252- 2987). 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. 161 May 6, 2009 Call to Order Chairman Hughes called the meeting to order at 9:04AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Dr. Hushon moved to approve the agenda. Second by Mr. Sorrell. Carried unanimously 7 -0. IV. Approval of the April 1, 2009 Meeting Minutes Mr. Bishof moved to approve the minutes of the April 1, 2009 Meeting subject to the following correction: Page 7, paragraph 4, line 4 — from "assertion and/or perception members on the EAC are bias" to "assertion and /or perception members on the EAC are biased." Second by Mr. Sorrell. Carried unanimously 7 -0. V. Upcoming Environmental Advisory Council Absences Susan Mason, Principal Environmental Specialist noted the Environmental Advisory Council Meeting for June has been canceled. VI. Land Use Petitions A. Conditional Use CU- 2009 -AR -14148 Transportation Facility for School District of Collier County CU Section 4, Township 49 South, Range 28 East The presenters were sworn in. Bruce Anderson, Roetzel and Andress provided an overview of the project highlighting the following: • The project is an ancillary plant (satellite transportation facility) for the Collier County School District. • The site may be utilized for a satellite transportation facility, warehousing, offices, vehicle maintenance facility, administrative offices, etc. • The property was deeded from the Board of County Commissioners to the Collier County School District with the restriction the property must be utilized for School Facilities. • If the property is not utilized for these purposes, the deed reverts to the control of the Board of County Commissioners. Laura Herrero, Johnson Engineering provided an overview of the environmental aspects of the proposal highlighting the following: • The property is 11.38 acres located east of Desoto Blvd and 8th Ave. 2 161 l� May 6, 2009 • It is abutted by single - family residential, agricultural uses and vacant land. • There is 10.16 acres of native vegetation, 2.96 acres of jurisdictional wetland. • The wetlands are located on the north and south side of the property • 2.49 acres of wetlands (primarily on the southern side of the property) will be impacted. • The South Florida Water Management District and US Army Corps of Engineers will review the wetland impacts as required (Environmental Resource Permit, etc.) a As required, 1.52 acres of Preserve is proposed with .47 acres being wetland. • It has been determined Florida Black Bear and Florida Panther utilize lands in the vicinity the project area. • The applicant will provide Management Plans for Black Bear and Big Cypress Fox Squirrel. Following the presentation, discussion occurred on the status of the Florida Black Bear and Florida Panther impacts and whether or not "take permits" are required. Laura Herrero noted the applicant will coordinate with all necessary State and Federal Wildlife Agencies to obtain any required permits or biological opinions regarding wildlife habitat. Chris D'Arco, Principal Environmental Specialist noted the County will address the item in the projects next Development Order. Discussion took place on the status of the Storm Water System Design and how drainage issues will be addressed including the hydrology of the wetland and possible site flooding during times of storm events. Jerry Brown, Johnson Engineering noted the items have not been addressed. The discharge point has not been formally identified; however it will probably be on the north side of the site into the existing canal. Impacts on the hydrology of the existing wetland have not been determined. Laura Herrero noted the seasonal high water elevation has not yet been determined and will be addressed through further Development Orders with the County and the South Florida Water Management District permitting process. Stan Chrzanowski, PE, Engineering Manager provided an overview of the LIDAR Map for the property and adjacent properties. Members questioned if the review by the EAC is premature due to the lack of specific environmental data on the issues identified (possible impacts on the water table, wetland impacts /preserve impacts from stormwater drainage etc.) 161 1 psi May 6, 2009 Susan Mason noted EAC concerns could be formulated into a motion in the form of "conditions." It was noted with residential properties adjacent to the site, the applicant should utilize downward- shielded lighting in the final design of the site. Chris D'Arco stated staff recommends approval of the Conditional Use CU -2009- AR -14148 Transportation Facility for the School District of Collier County subject to the following conditions: (contained in the Staff Report). Stormwater Management 1. A Surface Water Management and Environmental Resource Permit must be obtained from South Florida Water Management District prior to Site Development Plan approval. Environmental 2. Provide Florida Black Bear (Ursus americanus floridanus), Big Cypress Fox Squirrel (Sciurus niger avicennia) and wading bird management plans as part of the next development order. In addition, based on today's review: 3. The applicant is required to obtain Florida Panther, Florida Black Bear, wading bird, (or any other applicable species) consultation from the US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission Bruce Anderson stated a Neighborhood Information Meeting (NIM) was held with all persons located within 1000 feet of the site provided proper notification. Discussion occurred on the depth of fill required to ensure the site is not subject to undue flooding. Jerry Brown noted the plan is conceptual and it is undetermined at this time exactly which uses will be developed on site, so details cannot be provided at this time. Dr. Hushon moved to accept the recommendation (by Staf)i for the site (CU -2009- AR -1414& Transportation Facility for School District of Collier County) with the following additional provisions: 1. Shielding lighting be utilized for the development of the site. 2. US Army Corps of Engineers and South Florida Water Management District permits be obtained and reviewed by Staff. 3. County Staff reviews the impervious structures (areas) to determine if there is any potential to make the areas pervious. 4. Oil waste separators to be designed and constructed to County Design Standards. Second by Mr. Sorrell. Dr. Hushon amended the motion to add the following conditions: S. The project review ensures the hydrology of the Preserve Area is maintained. 4 161 �� Ic May 6, 2009 Second by Mr. Sorrell. Motion carried 7 -0. VII. New Business Chairman Hughes noted with past applications presented to the EAC, discussions have consistently occurred on the environmental parameters the EAC is limited to in its review. In areas of stormwater drainage /water quality /wetland issues, etc., at periodic times, the Council has been advised, the areas subject to review by the South Florida Water Management District are not in the purview of the Council. He requested clarification on the source of this determination. As the Environmental Advisory Council (EAC) moves forward, should Council members consider reviewing applicable sections of the Land Development Code empowering the EAC, for posssible amendments to clarify these parameters? Steve Williams, Assitant County Attorney noted 8.06.03 0.2 of the Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated storm-water to be discharged in Preserves as allowed in section 3.05.07. " Discussion ensued on the purpose of the EAC, its related environmental reviews and its responsibility for protection of the public interest. To ensure any necessary information is available to adequately address issues affecting environmental quality, at which phase in Development Orders should EAC reviews occur? Dr. Hushon thanked Chairman Hughes for his service to the Council as he has chosen not to reapply for EAC membership. VIII. Old Business A. Update members on projects Susan Mason stated the Board of County Commissioners approved the Mirasol Project by a vote of 4 — 1. IX. Subcommittee Reports Dr. Hushon noted the Habitat Conservation Plan Advisory Committee continues to meet and is in the process of finalizing a draft Habitat Conservation Plan as directed by the Board of County Commissioners. There are currently 2 vacancies on the Committee. X. Council Member Comments None XI. Public Comments None 5 161 10) May 6, 2009 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:24 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCII, irman, These Minutes were approved by the Board/Chairman on �u b as presented , or as amended �( ,11� Fiala �6 t Halas RECEIVED Henning ust s, 2009 SEP 0 2 2009 Coyle Colette 9oard of county ConYnWOi am MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August 5, 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 in Building "F" of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon Andrew Dickman Noah Standridge (Excused) Michael V. Sorrell Patrick Peck (Excused) Chris Stephens (Alt.) (Excused) ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager 'terr . 16I 1D° August 5, 2009 I. Call to Order Steve Williams, Assistant County Attorney, directed Susan Mason to call the meeting to order at 9:01 AM. II. Roll Call Roll call was taken and a quorum was established. III. Elect Chair and Vice Chair Mr. Dickman moved to nominate himself for Chairman of the Environmental Advisory Council. Without a second, the motion was not considered. Dr. Hushon moved to nominate herself for Chairman of the Environmental Advisory Council. Second by Mr. Sorrell. Carried unanimously 3 -0. Dr. Hushon moved to nominate Mr. Dickman as Mice Chairman of the Environmental Advisory Council. Second by Mr. Sorrell. Carried unanimously 3 -0. Dr. Hushon assumed the chair. IV. Approval of Agenda Mr. Sorrell moved to approve the Agenda. Second by Mr. Dickman. Carried unanimously 3 -0. V. Approval of May 6, 2009 meeting minutes (note: June and July meetings were canceled - meeting minutes) Mr. Sorrell moved to approve the minutes of the May 6, 2009 meeting subject to the following spelling correction: Page 5, paragraph 2 - line 1 - "Assitant County Attorney..." to "Assistant County Attorney..." Second by Mr. Dickman. Carried unanimously 3 -0. VI. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions (it should be noted this is the number sequence as shown on the Agenda) A. Site Development Plan SDP -AR -13491 Storage at Old 41 (previously known as North Naples Storage) Section 25, Township 48 South, Range 10 East. Stan Chrzanowski submitted Section 8.06.03 of the Collier County Land Development Code which states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD) are exempt from review by the EAC except to 161►�i August 5, 2009 evaluate the criteria for allowing treated storm water to be discharged into Preserves as allowed in Section 3.05.07. " He noted it was a reminder for Council members when reviewing projects. In addition, for properties less than 40 acres in size, the County is relinquishing its delegation for Storm Water Reviews back to the South Florida Water Management District The presenters were sworn in Stan Chrzanowski provided an overview on the LIDAR (Light Detection and Ranging) map for the project area. Brian Howell of Phoenix Associates presented an overview of the project highlighting the following: • The project is located on Old 41 in North Naples • The applicant is processing through the South Florida Water Management District, US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission as necessary. • The Preserve areas meet the requirements of Collier County. • The site will be utilized for open -air storage of vehicles and boats. Jason Hunt of Passarella Assoc. provided an overview regarding the requirements for the Preserve Areas. Chairman Hushon noted a letter from Maria Minno of Eco Cognizant Inc. dated January 22, 2006 indicated the site was investigated for presence of Curtiss Milkweed. None was identified, but noted "excellent scrub habitat" associated within the site was found. Based on the quality of the Preserve habitat, Ms. Minno recommended the plant be introduced to the site as it may be obtained from sources such as "The Nature Conservancy" or "Bok Towers Rare Propagation Projcct." Chairman Hushon also requested clarification if it is the intent of the Applicant to relocate any "desirable plants" found on site (in any areas to be cleared) to the Preserve Areas (East and West of the railway which bisects the property). Jason Hunt stated the applicant will be subject to the Preserve Area Management Plan. Attempts will be made to relocate any "rare" plants found on site to the Preserve west of the railway. Dr. Hushon recommended, and Mr. Hunt agreed, in managing the Preserve, it would be beneficial to introduce other species of plants into the Preserve (Curtiss' Milkweed, etc.) as indicated in Ms. Minno's letter. Gopher Tortoise Burrows were found on both the East side and West side of the railway. The Applicant has submitted an application to the Florida Fish and Wildlife Conservation Commission for "on site relocation" of the Gopher Tortoises. It is proposed to relocate the Gopher Tortoises to the Preserve on the East side of the railway. 16 :1 � to 1 August 5, 2009 Susan Mason, Principal Environmental Specialist stated Staff recommends approval of Site Development Plan SDP —AR -13491 subject to the following stipulations: Environmental "The previous SDP 2003 -4620 included a condition required by the Environmental Advisory Council (EAC) in 2005. The condition was placed on the site plan and states "Full review by County staff and all concerned agencies such as USFWS and FFWCC will be required." The condition was requested as a result of Curtiss' Milkweed (Asclepias curtissii) being observed on the site. The condition will be met as a part of the permitting through the USACE and SFWMD." Mr. Dickman moved to approve the Petition subject to the recommendations by Staff (The previous SDP 2003 -4620 included a condition required by the Environmental Advisory Council (EAC) in 2005. The condition was placed on the site plan and states "Full review by County staff and all concerned agencies such as USFWS and FFWCC will be required." The condition was requested as a result of Curtiss' Milkweed (Asclepias curtissii) being observed on the site. The condition will be met as a part of the permitting through the USACE and SFWMD') and the applicant to replace exotics (removed in the Preserve) with what would be native plant material typical of that region. Second by Mr. Sorrell. Motion carried unanimously 3 -0. VII. New Business A. Welcome new members Andrew Dickman was welcomed as a new member to the Environmental Advisory Committee. B. Set date for EAC workshop There will be a Special Meeting for the Environmental Advisory Council at 9 a.m. on August 25, 2009 at the Community Development and Environmental Services Building located at 2800 Horseshoe Drive, Naples, FL. VIII. Old Business A. Update members on projects None IX. Subcommittee Reports Dr. Hushon reported the Habitat Conservation Plan Advisory Committee approved a Draft Habitat Conservation Plan for Red Cockaded Woodpecker on August 4, 2009. X. Council Member Comments Mr. Sorrell requested Staff provide Council members with a defined list of acronyms (USFWS, USACE, etc.) applicable to Environmental Advisory Council business. 4 16 1 1 '61,0 August 5, 2009 Chairman Hushon requested Staff provide an overview of the County's Transfer of Development Rights regulations at the Workshop on August 25, 2009. Staff was requested to supply Council members with the instructions for accessing their Countv e-mail accounts. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:37 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL �! C airman, Dr. Judith Hushon These Minutes w re approved by the Board/Chairman on c� ctn 9 as presented — , or as amended 161 t 4 R F S' -t' ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 August 12, 2009 Agenda I. Call to Order II. Attendance Ill. Approval of Agenda IV. Approval of Minutes - July 8, 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 Ne-xt tneeting s Septeniber 9. 201)9 r Drri(.� -wles, FL 34104 I Misc. Cones: Date: Rem Copies to: I N 161 'OREST R 0A 111N -N I) 1) I'll \ IN I 1. , 1'.1 , -. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 August 19, 2009 Agenda I. Call to Order II. Attendance 111. Approval of Agenda IV. Approval of Minutes — July 8, 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 Vill. Public Comments IX. Adjournment Next meeting is Septers h r 9 20119 1 f�l1 ,EGEIVED SEP 0 3 2009 my r'00ml�iem F0REN ROADWAY AND Fiala Halas fJ Henning Coyle DRA1I'$I W.' ;;Z= -- LAKES ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 11, 2009 Minutes I. Call to order Meeting was called to order at 10:05 AM by Robert Jones. A quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones, Virginia Donovan County: Tessie Sillery — Operations Coordinator, Darryl Richard — MSTU Project Manager, Caroline Soto — Budget Analyst, Pamela Lulich — Landscape Operations Manager Other: Sue Flynn — Mancan III. Approval of Agenda George Fogg moved to approve the agenda as submitted. Second by William Seabury. Motion carried unanimously 5 -0. IV. Approval of Minutes — January 14, 2009 George Fogg moved to approve the minutes as submitted. Second by William Seabury. Motion carried unanimously 5 -0 V. Transportation Services A. Budget — Caroline Soto distributed and reviewed the Budget Report. (See attached) • Collected Ad Valorem Tax - $177,969.51 • Available Improvements General - $2,126,646.88 • P.O. Paid to date - $640,285.64 Darryl Richard suggested the Committee approve a Blanket PO for an electrician to provide lighting maintenance. According to FPL and Traffic Operations it is not their responsibility. The MSTU is paying the invoice. It was suggested Staff addresses the repairs with FPL since the MSTU is paying, as FPL should be responsible. Misc. Corres: Discussion took place concerning details of the light pole apd was determined the Contractor was no longer responsible. Clem at:� 161 1 �" George Fogg moved to set up a fund for electrical repair and maintenance not to exceed $5,000. Second by William Seabury. Motion carried unanimously 5 -0. B. Project Manager Report — Darryl Richard / Chris Tilman - Malcolm Pirnie — distributed and reviewed the Forest Lakes Master Project List. (See attached) It was noted the report designates the shaded projects have been completed. • F43 Quail Run Swale Restoration — Regrade Swale Nos. 7 -11 is partially completed. • F45 Regrade Swales Nos. 12 -17- Out to bid. • F50 Woodshire Lane Improvements - Out to bid. • F53 Quail Run Lake Shoreline Restoration and Stabilization —In final stages of getting the ERP permit from SFWMD. Pam Lulich stated White Flies are infecting Ficus Hedges in Naples and has been found on Shirley Drive. County is in the process of getting quotes to take preventive measures and will do the spraying. Harold Bergdoll questioned why "F -38 Construct Engineered Partitions" in Lakes 8 and 10 had been deleted. Darryl Richard responded the lake separation between 8 and 10 is no longer necessary. SFWMD, in coordination with a discussion with Chris Tilman; agreed it was only necessary to separate the reused water from the Stonewater System. It is no longer an expense to the MSTU and it will save damage to the golf course. Harold Bergdoll asked for an update on the caps on end walls (F43). Darryl Richard responded there is a Change Order with Quality Enterprises for remobilization to finish due to previous high water. They requested to modify the Change Order. Darryl will set up a meeting with Harold Bergdoll and Chris Tilman at the site to review the plans and the Change Order and the funds they are asking for to see if there is a cost reduction. (See drawing attached) Harold Bergdoll also requested the screening of culvert # 5. "The County will inspect a Ficus Tree on the Island which may have been infected with White Flies. The Committee will be advised of the solution. VI. Old Business Drainage Structure between MSTU and Downstream Golden Gate Structure — AMIL Gate — Darryl Richard suggested the Committee discuss the item when Chris Tilman was available. VII. New Business - None 161 1 pt VIII. Public Comments Robert Jones stated George Wildy, a resident of Woodshire Villas, is complaining about the dangers of speeding traffic and the possibility of pedestrians getting hit. He requested having the Sheriff patrol Woodshire Lane and Forest Lakes Blvd with approval to patrol at undisclosed times. Darryl Richard will contact the Sheriffs office. IX. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:07 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee 4.,r Ro rt Jones, Chairman These minutes approved by the Committee on as presented or amended _ The next meeting is March 11, 2009, 10:00 AM CCTransportation Bldg, East Conference .' Horseshoe Drive South 1b1 M F O E S ., x..> . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 July 8, 2009 Minutes I. Call to order Meeting was called to order at 10:00 a.m. by George Fogg. A quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones (Excused), Virginia Donovan (Excused) County: Tessie Sillery— Operations Coordinator, Darryl Richard — Project Manager, Caroline Soto - Budget Analyst, Pam Lulich- Manager Landscape Operations Other: Chris Tilman — Malcolm Pirnie, Darlene Lafferty — Mancan III. Approval of Agenda Add: Vl. C. Review of Bids- Project F55 VII. A. Golf Course questions on construction Harold Bergdoll moved to approve the agenda as amended. Second by William Seabury. Motion carried unanimously 3-0. IV. Approval of Minutes — May 27, 2009 Change: V. B., Pg 3, Paragraph 6, should read. the Wall length will be "approximately 2000" linear feet Vl. A., Pg 3, Bullet 2, should read. It is essential to reduce the Gordon River "contror elevation and stabilize "it at that level." VI. A. Pg 3, remove Bullet 3, sentence should be entered as a separate line entry. William Seabury moved to approve the May 13, 2009 minutes as amended. Second by Harold Bergdoll. Motion carried unanimously 3 -0. V. Transportation Services A. Budget Report — Caroline Soto reviewed the following: • Collected Ad Valorem Tax $223,354.01 • Investment Interest $30,000.00 was anticipated » Actual received $163,79 7.76 • Available Improvements General $1,717,263.96 ,a Y $1 o Reserves for Contingency 900.00 1 347 > 161 It was questioned if County Administrators were aware of the substantial cost savings on Forest Lakes Projects. It was determined the information was conveyed in the Chairman's 4 Year Report to the BCC. Additionally Robert Jones submitted a letter to the BCC. Darryl Richard will confirm the BCC received the letter and will distribute to the Committee It was stated the Purchasing Department was informed on the following due to reduced spending on Projects: • Interest is accruing rapidly • Staff received a recommendation from the Budget Department to spend monies on Projects as penalties will be applied on earned Interest • Was perceived as a facilitator for approvals on Projects It was noted Forest Lakes MSTU is well under Budget while accomplishing their goals. Caroline Soto resumed: ■ Southern Services P.O. $2,800.00 is pending Darryl Richard reported Southern Services halted services due to pending P.O. Caroline Soto responded the Contract had expired which requires closure of the current P.O. and initiation of a new P.O. It was stated Southern Services will resume mowing upon receiving a P.O. B. Project Manager Report — Darryl Richard / Chris Tilman - Malcolm Pirnie — The Forest Lakes Master Project List was distributed and the additional information was reviewed. (See attached) ➢ Project (F-45) Regrade Swale Nos. 1-6 & 12 -17 * 95% complete » Floratam Sod is temporarily unavailable * Cart Crossings » Headwalls and Piping are installed » Pouring of concrete toppers and Wing Walls will begin by next week » Asphalt will be installed by next week Chris Tilman reviewed photos: o Main drain (at Emerald Lake) -all of eastern side of Forest Lakes now drains to the west side lakes o Massive rock was encountered o North side of Fairway 5 to (F -54) Culvert-Swale was raised 1 ft. o He has flow tested the system during rain storms and confirmed the system is working as designed o Stated all the work being performed in Forest Lakes is dependant on the Gordon River level Fa 161 1 0�i o He conveyed to the Golf Course the control structure must remain closed unless in the event of an emergency o Remaining material was utilized at entry points to the ponds (Project F -53) o A Change Order is needed for rock removal Harold Bergdoll inquired on areas with missing sod. Chris Tillman replied irrigation does not reach sections of the area therefore Floratam Sod will be reinstalled. Chris Tilman continued: o Lakes 8 and 10 (reclaim water) are isolated as required by the ERP Permit » The line on the drainage structure Fairway 14 (south from Lake 10) was plugged to abandon in place Harold Bergdoll reported 15 -20 ft of standing water on Fairway 14 since the line was plugged. Chris Tilman will investigate the standing water. William Seabury inquired on the low drain pipe between building 11 and 12 (from Forest Lakes Blvd.) It was concluded the existing drain pipe was installed 2 ft. below water level. Project (F -55) includes installation of a 21 inch outfall line to direct flow to Lake 10 and will replace the low drain pipe. Chris Tilman resumed: o Restoration of an operable drain which was covered with Sod (East side of Woodshire and Forest Lakes Blvd. intersection) ➢ Project (F -53) Quail Run Lake Shoreline Restoration and Stabilization- Bid Documents are being fine tuned per Manufacturers recommendation ➢ Project (F -56) South Woodshire Ditch Improvements » South end of Woodshire there are several cross drains coming in low — May install inlet structures to correct the low cross drains ➢ Project (F -63) Property Line Wall along Woodshire Lane » Tree removal to clear a pathway is a big portion of the Project C. Review of Bids - Project F55 -Darryl Richard distributed and reviewed 2 bids by annual Contractors. (See attachments) He noted Better Roads was the lowest qualified bidder $88,718.50. William Seabury moved to approve the bid (Better Roads) for Project F -55 in the amount of $88,718.50. Second by Harold Bergdoll. Motion carried unanimously 3 -0. 3 161 i � VI. Old Business A. Drainage Structure between MSTU and Downstream Golden Gate Structure — AMIL Gate — Chris Tilman reported he has not received a response from Storm Water. The gate has been monitored during storm events and it is being operated by cable in an open position. Darryl Richard noted the resolution requires a report from Jerry Kurtz - Storm Water. After much discussion it was concluded communications between Storm Water and the Corp of Engineers is vital. Darryl Richard will coordinate a meeting with Chris Tilman, George Fogg, and Jerry Kurtz to strategize prior to meeting with the Corp of Engineers. VII. New Business A. Golf Course questions on construction Harold Bergdoll on behalf of the Golf Course requested monies to install fountains in Lake 9 and 14 as a good faith gesture. He noted the Golf Course consented to an easement variance in exchange for installation (by the MSTU) of Lake Partitions to improve water quality. Subsequently installation of the Lake Partitions did not occur. After much discussion it was agreed to install fountains to improve water quality for irrigation purposes. William Seabury moved to install fountains in Lakes 14 and 19 for water quality improvement not to exceed $12,000.00. Second by George Fogg. Motion carried unanimously 3 -0. Darryl Richard suggested amending Project F -53 to include installation of fountains. VIII. Public Comments — None IX. There being no further business to come before the Committee, the meeting was adjourned by the Vice -Chair at 11:58 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee Georg 4 161 1 bu These minutes approved by the Committee on as presented or amended Next rneeting is August 12, 2009 at 10-00 a nn Transportation &JIding 2885 HcrEcsho� —, Drive So,uth , I Nl��pcs, PL 34104 Fiala Halas Henning Coyle Coletta 161 FOREST RO Dk\ XN ,AND I)I� �1� �f�l: �►�.�. r.� d I �'._"� ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS July 8, 2009 III. Approval of Agenda Add: Vl. C. Review of Bids- Project F55 Vll. A. Golf Course questions on construction 1 bN RECEIVED SEP 0 3 2" Board of County Commis. i , Harold Bergdoll moved to approve the agenda as amended. Second by William Seabury. Motion carried unanimously 3 -0. IV. Approval of Minutes — May 27, 2009 Change: V. B., Pg 3, Paragraph 6, should read: the Wall length will be "approximately 2000" linear feet Vl. A., Pg 3, Bullet 2, should read. It is essential to reduce the Gordon River "contror elevation and stabilize "it at that level." Vl. A. Pg 3, remove Bullet 3, sentence should be entered as a separate line entry. William Seabury moved to approve the May 13, 2009 minutes as amended. Second by Harold Bergdoll. Motion carried unanimously 3 -0. V. Transportation Services C. Review of Bids - Project F55- Darryl Richard distributed and reviewed 2 bids by annual Contractors. (See attachments) He noted Better Roads was the lowest qualified bidder $88,718.50. William Seabury moved to approve the bid (Better Roads) for Project F55 in the amount of $88,718.50. Second by Harold Bergdoll. Motion carried unanimously 3 -0. VII. New Business A. Golf Course questions on construction Harold Bergdoll on behalf of the Golf Course requested monies to install fountains in Lake 9 and 14 as a good faith gesture. After much discussion it was agreed to install fountains to improve water quality for irrigation purposes. William Seabury moved to install fountains in Lakes 14 and 19 for water quality improvement not to exceed $12,000.00. Mft6+adiiby George Fogg. Motion carried unanimously 3 -0. Drlr. �+R to. RFQ 85045FLM Forest Lakes MSTU Proiect F -55 Vendor Company: APAC- Southeast, Inc. Vendor Username: apacse Item Number Item Description 1 Mobilization 2 Maintenance of Traffic 3 Cold Milling 11/2" Asphalt 4 Prep Potholes and Tie -ins 5 Asphalt Leveling Course 6 Tack Coat 7 Asphalt Surface Course 8 Density Testing 9 Pavement Markings 10 Utility Adjustments 11 Drainage Structure 12 21" PVC Pipe 13 Tree Removal 14 Tree Replacement Vendor Company: Better Roads Vendor Username: Robbie Item Number Item Description 1 Mobilization 2 Maintenance of Traffic 3 Cold Milling 11/2" Asphalt 4 Prep Potholes and Tie -ins 5 Asphalt Leveling Course 6 Tack Coat 7 Asphalt Surface Course 8 Density Testing 9 Pavement Markings 10 Utility Adjustments 11 Drainage Structure 12 21" PVC Pipe 13 Tree Removal 14 Tree Replacement 1b1 1 Quantity Unit Price Unit of Measure Total 1 $4,500.00 LS $4,500.00 1 $4,600.00 LS $4,600.00 3500 $1.55 SY $5,425.00 16 $89.00 TON $1,424.00 200 $73.00 TON $14,600.00 3500 $0.25 SY $875.00 500 $61.75 TON $30,875.00 15 $62.00 LS $930.00 1 $7,057.00 LS $7,057.00 10 $212.00 EA $2,120.00 1 $6,551.00 EA $6,551.00 250 $41.00 LF $10,250.00 1 $369.00 EA $369.00 1 $365.00 EA $365.00 Grand Total $89,941.00 Quantity Unit Price Unit of Measure Total 1 $4,291.00 LS $4,291.00 1 $2,612.00 LS $2,612.00 3500 $2.50 SY $8,750.00 16 $15.50 TON $248.00 200 $62.70 TON $12,540.00 3500 $0.35 SY $1,225.00 500 $62.70 TON $31,350.00 15 $12.90 LS $193.50 1 $6,910.00 LS $6,910.00 10 $159.00 EA $1,590.00 1 $2,937.00 EA $2,937.00 250 $60.00 LF $15,000.00 1 $536.00 EA $536.00 1 $536.00 EA $536.00 Grand Total $88,718.50 �Ik Ova CD Cr m m 7, T y n A m -► N A O tD O co to O ,.t w W W W W W W 1N� N N N N N Np N ► .� r r r -� r fa O V O N A W to N A CO N+ O fD 00 V Ov O A W Al O t0 O V O fJi A W N O -1 �� -IW W -�-I 0-I— oor- EMEPM92mom q -4 q-Izoo -11-1 M22110 Qurnicmia�vv �D_� um=0mzcmchm2m�GZ)= yy1Gmi > ; >u mm � Z� Nmrn vaiczn ��O ��rD- ���01-- n;am mml w o- M< -l<a) a7�cn =D mm�� mp�orn=vai0nc -�1m0 �AZtmncmnpp��rn 1m�A ��OC)D� y�smm0om�a°m�0 �0z0 ,�- r,�'1�17r rn �Ozz r.-i<Zm mm2G) - �i7�alcnDr'rt 5�►�7Dymmm�c —O� 0 ZU)cn C Dm� ��pZ Cn��� O<M�KK A0.Z.{Zm Z�c�iv Z-< Wm Z-1�m a)cm� Z ° °-y1�DCmMz� -� n-v 0 0Z N 0 c D D3.m -1 0G) %�mmm 0 0 o rn r r�-v W mz0�m0�m m m nbr, O -4 d! fA M fA fA a fA fA f!9 fA M fA fA W fA fA 69 fA fA 4A fA (A fA fA H► fA 69 fA fA d► 69 69 in f,H th -C) -0 N Nw W A Ja N N V i CT N N C -4-4 (y, -M W W OO Q00 W 01 C"N)(000 V C) V CL cc to to pV O D CL MQC)p0py oo ov -4 8 O8 0 o IBp m O0) -&00 ) 8 oY -4C1 O , CL Oo 0° 0 moD X000 °0 °o009°o o ° 2Oo °0 0 O - o 0 "19 °0 fA fA M 69 fA c-, ray € I _p rn N fA W A fA fA GA 69 fA fA 0 r T.. �J! 69 M 69 69 fA EA M fA to -11 CT N 1*"M& O i WON v 1 j fAIfAIfAIfA 69 ffl 69 69 fA fA 69 fA f!! fA 69 fA W V O 4 CQ CT V CT -• V OQ W V O O O O OD 0) O O CT fA fA fA fA bi fA fA fA $A fA 6 i . i . fA fA fA 69I W 64 fA 40 fA fA 69 69 O 3 i W W w % c -40 W(11 C d m O , -4 W O y i fA fA fA ..b 40h P � � -� A OD 0 -4 COI N W W 40 -4 A J� V O^J tD-+ NN iOD N CT N�NppCOOD N W +00 0))CODtA K) r%) to0p80p0NPOWDOp8 O W Vo V0 -~+W Co W? 0100 OVN , t4pfp0�Wp T -11 )pOOOODp�0o0 oO V p4 pVppOQVpO NO V OOt N00 OtCOD9 OfO8 s0000NA08 888 • S PO twco0) co Co. < <'c 0 0 2 c: °' w oS') w m_ m off) m cam0)) R w_ w 2 RE R w O r r X 0 c c o m o W .0.o D O �' a tD _ ___ ==r- D D D °' O m o g o g $ ai y y 'm CO(O M n - CD m '� CL ca 3 a 3 N7 3 3 3 3 3 3 (n Ep O 3.3. o m ' :3 aoz m FD'FD' to tam' to to FD* FD' mmCDmm ;r;r5 y 3 m _m co m °��2 m U) � � m O y 7 A? pJ►laA1' pJ�.A� .p .0-.1%, CST V U 0Z7 C�Tt�T�+TA (A CT G,)t tlJi CT T" C)1. 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Monthly Budget — Annie Alvarez VII. Member Comments VIII. Public Comments IX. Adjournment The next meeting will be on June 1, 2009 at 6:00 PM Collier County Golden Gate Community Center 4701 Golden Gate Parkway, Conference Room "C" Naples, Florida 16I l t�l/ Misc. Comes: Nffn ltlLt.'L� q-, Copies to: 161 v COLLIER COUNTY DIVISON OF PUBIC SE VICI Parks and Recreation Department 15000 Livingston Road -- Naples, Florida 34109 — Phone (239) 252 -4000 — Fax (239) 514 -8657 Website: colliergov.net AGENDA August 31, 2009 I. Call to Order II. Attendance — Establish a Quorum III. Approval of Agenda IV. Approval of Minutes — June 22, 2009 V. Old Business A. Recreation Highlights —Vickie Wilson VI. New Business A. Monthly Budget — Annie Alvarez VII. Member Comments VIII. Public Comments IX. Adjournment The next meeting will be on October 5, 2009 at 6:00 PM Collier County Golden Gate Community Center 4701 Golden Gate Parkway, Conference Room "C" Naples, Florida 161 May 4, 2009 Fiala ES OF THE MEETING OF THE COLLIER COUNTY H Henning , GOLDEN GATE COMMUNITY CENTER Coyle — ADVISORY BOARD Coletta Naples, Florida, May 4, 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: VICE CHAIR: Jim Klug (Excused) Ellen Shaw (Excused) Kaydee Tuff Bill Arthur Darrin Brooks ALSO PRESENT: Annie Alvarez, Regional Manager /Regiis, D*: IMm # ^opies to: RECEIVE SEP 03 20 Board of County Commia I. II. III. IV. ky 161 May 4, 2009 Call to Order The meeting was called to order at 6:07 PM by Bill Arthur. Attendance — Establish a Quorum A quorum was established. Approval of Agenda Add: VI. B. Grant Proposal Darrin Brooks moved to approve the Agenda as amended. Second by Kaydee Tuff. Motion carried unanimously 3 -0. Approval of April 6, 2009 Meeting Minutes Change: The meeting adjourned by order of the Chair at 7:25 PM Kaydee Tuff moved to approve the April 6, 2009 Minutes as amended. Second by Darrin Brooks. Motion carried unanimously 3 -0. Old Business A. Recreation Highlights — Annie Alvarez reported the following: v Spring Family Event attracted 200 attendees. v Latin/American Festival had 800 attendees. Senior Lunch Program started. 12 people attended Greg Torres has completed and received his Playground Certification y Camp Registrations are open with current enrollments at 57. She also gave the following Facility Update: ➢ Gym wall mats have been replaced. i� Kitchen has been updated. Sound panels in the Auditorium are scheduled to be reupholstered next week. r Pressure cleaning quotes have been received. B. Grant Proposal — Annie Alvarez distributed a copy of an Executive Summary and reported both the Golden Gate Community Center and the Immokalee Sports Complex qualified for Hazard Mitigation Grant Program that would provide partial funding for hurricane shutters. (See attached) Staff asked Committee for their approval and recommendation. Annie Alvarez stated FEMA will pay 75% of the expenses for shutters and labor and the County will share the remaining 25 %. The remaining 25% will come out of County Fund 306. 2 16 1 l� May 4, 2009 VI. New Business A. Monthly Budget — Annie Alvarez distributed and reviewed the Monthly FY 2009 Budget Report. She stated the 130 Fund was on track. (See attached) She distributed the Budget FY 2010 Report after the Budget Office worked on the Budget. (See attached) She noted if the 25% Budget were to be approved by the BCC it will affect the following: Eliminate the Inflatable Movie Screen and Latin Festival. y The outdoor lighting project associated with the amphitheater would be implemented over 3 -years y No other operating capital projects would be pursued this year. Two Job Bank positions associated with the After School and Wheels Program would be eliminated. y Reduces the transfer from MSTD General Fund 111 by 25 %. Discussion ensued on the outdoor lighting. The Committee decided to extend an invitation to Musco Representation and to the Centers" neighbors to attend a meeting on the outdoor lighting and ask for public approval. Will research what percentage of the public approval had to be met. Kaydee Tuff moved to take part of the HMGP Grant FEMA 1785 -DR- FL with the understanding the funding would come from the County Fund 306. Second by Darrin Brooks. Motion carried unanimously 3 -0. VII. Member Comments — None. VIII. Public Comments — None. There being no further business for the good of the County, the meeting was moved and seconded to adjourn. The meeting adjourned by Bill Arthur at 6:40 PM. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD Bill Arthur, Committee Member 16 1 1 bil) May 4, 2009 These Minutes were approved by the Advisory Board Chair on as presented or as amended 4 161 1 O\v Public Services uivision Parks & Recreation Department Golden Gate Community Center (130) Mission Statement To benefit the well -being of the people, community, and environment of Collier County. Program Summary Golden Gate Community Center The Golden Gate Community Center serves as a meeting place for community groups and provides structured programming for all ages via classes, activities, and special events and offers informal gathering opportunities throuah open oame room and droo -in recreation oroarams. Childcare /Preschool, Afterschool, No School, Vacation Camp Strive to meet family needs by providing a safe and supervised environment for all children to attend throughout the year. Provide recreational and enrichment experiences for self - esteem, self- reliance, learning, pleasure, health and well being. Community Center Maintenance Protect resources, provide a pleasant, clean, safe and enjoyable environment for community center visitors to allow quality passive and organized recreational experiences by the public. Unfilled Positions Reserves/Transfers FY 2010 FY 2010 FY 2010 FY 2010 Total FTE Budget Revenues Net Cost 7.00 718,684 445,800 272,884 50,020 48,100 1.00 191,696 3.50 - 127,500 594,000 Base Level of Service Budget 11.50 1,087,900 1,087,900 1,920 191,696 -466,500 Fiscal Year 2010 3 Public Services Uroision FY 2010 FY 2010 FY 2010 FY 2010 Tax Neutral Program Summary Total FTE Budget Revenues Net Cost Restore funding for the Golden Gate Community Center 1.00 189,900 189,900 Change Inflatable movie screen and Latin Festival would be eliminated. The outdoor 522,384 580,700 462,100 555,000 lighting project associated with the amphitheater would be implemented over a (4.4 %) Operating Expense 322,696 334,600 three year period; however, no other operating capital projects would be 371,500 371,500 11.0% Indirect Cost Reimburs pursued. Two job bank positions associated with the after school 289,200 289,200 77,400 77,400 programming and "Wheels" BMX/Skate Park would be eliminated. This reduces 21,450 2,800 2,800 the transfer from MSTD General Fund N 111 by 25 %_ 132,500 4,632.1% Capital Outlay Tax Neutral Program Summary 1.00 189,900 189,900 Total Proposed Budget 12.50 1,277,800 1,277,800 - 1,136,400 (5.9%) Trans to Property Appraiser 3,300 3,200 FY 2008 FY 2009 FY 2009 FY 2010 Program Performance Measures Actual Budget Forecast Budget 9,200 742 - 750 750 Fee Based Facility Rentals 2,872 56,800 - 2,800 2,800 Fee Based Program Registrations 287 - - 300 300 GGCC Memberships Reserves For Capital Fiscal Year 2010 3 Public Services Uroision FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 FY 2010 Program Budgetary Cost Summary Actual Adopted Forecast Current Expanded Proposed Change Personal Services 522,384 580,700 462,100 555,000 555,000 (4.4 %) Operating Expense 322,696 334,600 324,500 371,500 371,500 11.0% Indirect Cost Reimburs 257,300 289,200 289,200 77,400 77,400 (73.2 %) 21,450 2,800 2,800 132,500 132,500 4,632.1% Capital Outlay Net Operating Budget 1,133,830 1,207,300 1,078,600 1,136,400 1,136,400 (5.9%) Trans to Property Appraiser 3,300 3,200 3,200 3,000 3,000 (6.3 %) Trans to Tax Collector 8,376 9,500 7,400 9,200 9,200 (3.2 %) - 66,000 - 56,800 56,800 (13.9 %) Reserves For Contingencies - 68,600 - 72,400 72,400 5.5% Reserves For Capital Total Budget 1,145,506 1,354,600 1,089,200 1,277,800 1,277,800 (5.7%) Total FTE 12.50 12.50 12.50 12.50 12.50 0% Fiscal Year 2010 3 Public Services Uroision 161 1 Patti Program Funding Sources Ad Valorem Taxes Delinquent Ad Valorem Taxes Charges For Services Miscellaneous Revenues Interest(Misc Trans frm Property Appraiser Trans frm Tax Collector Trans fm 111 MSTD Gen Fd Carry Forward Negative 5% Revenue Reserve Total Funding Public Services Division Parks & Recreation Department Golden Gate Community Center (130) FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 FY 2010 Actual Adopted Forecast Current Expanded Proposed Change 415,086 381,700 343,500 369,800 369,800 (3.1 %) 1,750 - 100 - - na 176,552 187,40D 174,600 191,300 191,300 2.1% 22,788 6,000 6,000 6,000 6,000 0% 13,721 15,000 11,000 8,000 8,000 (46.7 %) 523 - - - - na 4,165 - - - - na 594,300 525,200 525,200 392,700 392,700 (25.2 %) 271,216 268,100 367,100 338,300 338,300 26.2% - (26,800) - (28,300) (28,300) (1.7 %) 1,500,101 1,354,600 1,427,500 1,277,800 1,277,800 (5.7 %) Fiscal Year 2010 4 Public Services Division 161 1M(L; Public Services Division Parks & Recreation Department Note: The performance measures for the Golden Gate Community Center have changed from the prior years. The Parks and Recreation Department has fully implemented the Class Program for tracking memberships and activities at the various facilities. This program gives consistent, reliable data that has been tailored to be more useful for management decisions and the Performance Measures are consistent with this use of data. FY 2009 - Personal services are forecast at $118,600 below FY 2009 adopted budget. This is the result of continued reduction in personnel through attrition, which has resulted in nine unfilled positions (4.5 FTE). Additionally, Golden Gate Community Center received a rebate on workers' compensation insurance in the amount of $17,100. Ad Valorem revenues are down approximately 10% due to a diminished level of collections. Carryforward has increased because the Community Center had a substantial tum -over in personnel in the prior year, resulting in savings over budget. Additionally, the carryforward offsets the reserve for capital replacement of the roof and air conditioning at $68,600. Base Level of Service Budget: FY 2010 - In order to meet this level of service, the Golden Gate Community Center must eliminate two part-time positions, one for the Wheels program and one afterschool childcare employee. Operating Expense reductions include not purchasing an inflatable movie screen for the amphitheatre and elimination of the Latin Festival. Nearly all repairs and maintenance items to the Community Center will be deferred. The outdoor lighting project associated with the amphitheatre would be implemented over a three year period, deferring $55,000 for this project. All other necessary capital projects, totaling $47,500 would be deferred. Tax Neutral Program Summary: FY 2010 - Personal services are $25,700 less than FY 2009 adopted budget with the anticipated replacement of three positions resulting in increased program registrations. In FY 2009, these positions became vacant and with the uncertainly of ad valorem revenues and program revenues, the Community Center elected not to fill these positions during FY 2009. Operating Expenses are $174,900 less than FY 2009 adopted budget. The indirect cost reimbursement process was changed to reflect just the Golden Gate Community Center direct portion of this fee. The portion that is funded by the MSTD General Fund (111) was paid at a top -level and the transfer from the MSTD General Fund (111) was reduced accordingly. The indirect cost reimbursement allocated to the Golden Gate Community Center Fund (130) decreased by $191,800. Information Technology Allocation was new for the year and totals $20,000. Additionally, the Community Center had to defer some repair and maintenance items in the prior year. This budget does include some funding for minor repairs and maintenance to the facility and grounds. Capital Expenditures include replacement of the cement pad at Wheels start gate ($8,000); repair and re- lamination of the front desk area ($13,500); balance of the installation of the outdoor lights for the amphitheater ($55,000); purchase of a Toro riding blower machine ($15,000); a pressure washer ($6,000) and replacement of the sound and light system in the auditorium ($5,000). Reserves for capital include funding set aside for the purchase of a roof and a new air conditioning system. Current FY 2010 totals $72,400 which represents $45,100 for the air conditioning system and $27,300 for the roof_ No additional funding was added for the air conditioner as this accumulation has reached the projected replacement cost. Ad Valorem revenues are decreased from the prior year adopted budget due to the projected 23.4% decrease in taxable values. Fiscal Year 2010 5 Public Services Division 16I 1�j(� 23 1\4arch 2009 Ivlt-. Miles .Anderson Division of Emergency vanagement Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tall alhassee. FL 32399 RE: TS Fay (FEIYIA 1785- DR -FL) H1YIGP Project Priority Letter Dear Mr. Anderson: The following projects are contained in the Collier County Hazard Mitigation Plan and have been endorsed by the LUIS Working Group for Hti1GP funding under the FEMA 1785 -DR -FL disaster. They are numbered & listed in the order we would like them funded. Fed .. ;,,, ;,,. Name - Project Description I� Waste -Water Treatment Plant Wind Protection. Install 1 1 windscreen protection on two Membrane Bio Reactor skids. I Haldeman Creek Stormwater Improvements and Loche Louise Weir Reconstruction - Reconstructing one weir, constructing a new weir, installing a double 4' X box culvert & reconstructing 400' of existing ditch... Collier Co. Pub. `NI. Ops. Ctr wind retrofit - Upgrade 33 garage doors. Collier Co. Environmental Compliance and Landfill Scale 4 I House Wind Retrofit - Install 13 roll -down hurricane shutters. iCollier Area Transit Facility Wind Retrofit - Installation of generator powered electric steel shuttering system ..r.._, _.- r r.! f vntpr Wind Retrofit and Flood Applicant I cog psi Share a 1_ ; $;6.3K 6 Est City of Marco Isl. - 1.1&3.1 $53.0K facility. Station Transfer Switches - purchase & installation of 3 3.1-2 S33-SK Collier Co. Trans. =7erator transfer switches to b5 lift stations. Svs. Div.. 1.1 -.3 &.7, S386AK Stormwater M.A. 6.4 -6.5 8 Dept. Recreation Dept. Collier Co. Public 3.1 & $42 OK Utilities Div. 33 installation - Install pipe to parallel 4 -inch pipe. Collier Co. Solid 1.1&.5 s1.3so.0K I Waste Management 3 $38.OK Dept. Collier Co. Alt. 1.2 & $15O.OK Trans. Modes 3-1 Collier Co. Parks & j For turther intcrmation- picunc c,u„ f: Richard A. Zyvoloski Jr.. LNIS Chair Collier County LNIS Working Group 3 I Proofing - Install generator- powered electric shutters and Recreation ep . a 1_ ; $;6.3K 6 i water pump system. Build concrete water - bander around facility. Station Transfer Switches - purchase & installation of City of Naples 3.1-2 S33-SK =7erator transfer switches to b5 lift stations. Golden Gate and Immokalee Community Centers Wind Collier Co. Parks & 4.1­3 $93.8K 8 Retrofit - Install hurricane shutters at all building openings. Recreation Dept. Collier County Landfill teac-hate six inch HDPE pipe Collier Co. Solid 3 S24t1 OK o installation - Install pipe to parallel 4 -inch pipe. Waste Mgt. De t p City of Marco lsl. 1.1&.5 s1.3so.0K 1i) Rte 92A Rehab -raise the road elevation. ^`^ cnnn For turther intcrmation- picunc c,u„ f: Richard A. Zyvoloski Jr.. LNIS Chair Collier County LNIS Working Group 3 16 1 EXECUTIVE SUMMARY Commissioners provides after -the- Recomrnendation that the Board of County lication that was fact approval for a Hazard Mitigation Grant Program ( MGPfopphe Golden Gate submitted to the Florida Department kalee Sports Complex in the amount of $146,260. Community Center and Imm Commissioners provides after -the- Obiective: Recommend that the Board of County lication that was submitted to fact approval for a Hazard Mitigation Grant Program app the Florida Department Community Affairs for the Golden Gate Community Center and Immokalee Sports Complex. Considerations: On April 6, 2009, the County Manager approved this grant application submittal in accordance with Collier County CMA #5330, Grant Administration. The Parks and Recreation Department joined the Local Mitigation Strategy work group arch on February 17, 2009 and developed the project ideas Dpe tott et mel'constra nt, lit was 24, 2009 Board of County Commissioners approval. for the Parks and Recreation Department to request the approval of the necessary application to meet the County Manager in compliance with application at 30 submittal. to tThe April 28, 2009 Board of April 6, 2009 deadline for the p lication was also been delayed County Commissioners approval for this grant app pending the approval by the Golden Gate Advisory Board for the Golden Gate Community Center project. The proposed work will include installation of hurricane shutters would be ll building o openings like windows, doors and vents. These community ower in the community for an stations" in the event of a hurricane that disrupted p extended period of time. Fiscal Im act: Matching funds for the project are FEMA will contribute up o 75% of project. Under the Hazard Mitigation Grant Program, cost expenses and the County will share the remain ing S Complex �sa$146J260 and t e Golden Gate Community Center and Immokalee Sports County's share is $36,565. ($88,900 for GGCC and $57,360 for ISC) Growth Mana ement Im act: The proposed work will further P t ididentify and main a n Management Plan which states that, The County shall continue 000 by 2010. Shelter space capacity will be determine shelter space fora at00e rate of 20 squ0are feet per person." Legal Considerations: This item is not quasi-judicial, legally sufficient forl Board requires only a majority vote for approval, an action. — CMG - 161 1b2 Rec ommendation: That the Board of County Commissioners approves the after -the- fact submittal of the grant application for the Golden Gate Community Center and Immokalee Sports Complex to the Hazard Mitigation Grant Program. Prepared by: Vicky Ahmad, Project Manager, Parks and Recreation Department • Y HY as row �rAnd Retrofit W0�S ee Please fill out this worksheet completely. A separate worksheet is required for each st =ti rs to be wind rettofitted ® Attach photographs (two copies) of each side (North, South, East and Rest) of the building to be retrofitted. Try to Photos should have a clear and unobstructed view of each side of the building. Sequential frames should overlap to get an overall layout of the structure and show all openings (see note 12 on Notes) Provide evidence that the shutter s1•stem complies with the Miami Dade County or Florida Building Code Specifuations. The best evidence of this bs a certificate issued h), the Miami Dade Couno Building Department or Florida Building Code stating that the proposed shutter products have been tested, approved and comply with the Miami Dade County or Florida Building Code and also with the Local Codes & Standards for the specific location. Non-certifted shutters or products can't be used. A. Project Information (I) Building Name Golden Gate Community Center (2) Address 4701 Golden Gate Parkway (3) City, State and Zip Naples, Florida 34116 (4) Owner /Applicant Collier County Government (5) Contact Person Project Manage' — Vicky Ahmad (6) Disaster Number FEMA -1795- DR -FL ( Hurricane Fay) (7) Project Number (g) Application Date (9) Analyst B. Building Data (1) Select Building Category ❑ Wood Frame Slagle Fai1y (Bide 1 -2), MNF1 }. These buildings are typical of old wood frame single- familY homes. 1 12.stmy dwellings marginally engineered or non -erg° ' �� or "� for to wind design See Nate # (1) on Notes Theme have s e roofs with attached . S roof geometry ❑ M..&cbured HnwhT Mft 5-9), (!<WHUD1MH76HUD/MH94HUD): These MamdactUred Housing units represent 3 types of shvcriu es based on regulatory requaemixits governing tbetr design, pre -1976 Manufactured units, 1976 -1994 manufachued units and post -1994 mane &ct red units. ❑ Fire Statimra (Bldg26 -28) (WSF2/MSF2) - These buildings are 1 -2 story Sri stations with both apparatus bay areas witb large overhead doors and o1BceJbarrac3is /support areas. Typical of older buildings marginally engineered or ❑ Masonry Industrial (Bldg 33 -34), (MLRI) — Thew buildings are typical of URM and RM structures. Typical oflarge depatinen t swm. May be designed by Enginow prior to wind design requirements guidelines. specify structure type ( masonry, concrete or steel) and roof covering (BUR or SPM). ® Commercial (Bbdg 3548), (M ECBM/SECBIJSECBM) Typical of multi stM concrete or steel frame buildings or fully reinforced masonry and reinforced concrete structures. 2 to 4 story office buildings and hospitals deigned to ASCE 7-88 or later revision specs. Specify structure type and roof covering same as above. ❑ Other — ( Select from Table l Insbuction for FEMA Wind Hazard Damage Function manual vl.1.Apr" 2006) Site (Myles � ) l tie nodwz dzCault �aluz of 1 mile See Note 1( j on Notes. S tulles —See Exhibit J (4) Construction Date provide support documentation; Letter from Engines. 1976 —See Exhibit K (5) Historic Building Controls N/R es and �}tictutarts of the (6) New: A structural Analysts Report bUstructural ing need tolbeistreport from reinforced Am lu t . 'd d See notstructural ( n NTo�b tee L� Ihlblt I. 161�� Fwano nezrom wyo s 3ee` - HiwGp only MD RETROFIT FROJECTS ®1yLy A Buildin Value $5_460,000 See Exhibit M C. Building Size and Use (1) Total Floor Area (SF) Provide support documentation Letter from Engineer, Architect or Building Official, Copy ofsketch with the Area, Property Appraiser Report showing actual Total Square Feet- See Note # ( 3 ) on Notes. (2) Project Useful Life (Years) 27,295 S.F. See Exhibit M (2) Area Occupied by Owner or Public/Non -Profit Agencies 27,295 S.F. (1) Building Replacement Value Prrnide supporting documentation for Building Replacement Value. It can be from the Local building inspector, contractor, builder or construction company architect or builder engineer. See (3) Mitigation Project Costs $ga, 900 Note # (4 ) on Notes_ 2009 (5) Annual Maintenance Costs ($/year) $2,975,155 See Exhibit M E. Building Contents (1) Contents Description 5 security cameras, sport equipments, furniture, files, etc.. (2) Total Value of Contents Provide list of the equipment, furniture, etc in dollars if the contents are more than 30% of Building Replacement Value (FEMA defaults). Insurance Policy Docummts are acceptable. See Note # ( 5 ) on Notes $17,400 See Exhibit M F. Displacement Costs Due to Wind (1) Rental Cost of Temporary Building Space ($ /sf/month) Provide support documentation if it is more than SI /SF/Month,S500/month$500/rrrnth (FPMA default). A similar building rental cost in the same area is acceptable. See Note # ( 6 ) on Notes. $27,295 / month G. Value of Public Non -Profit Service (1) Description of Services Provided Indicate hpe of service provided EL Emergence_ Security, Educational Services, Etc. See Note 9 ( 7 ) on Notes. See Exhibit N (2) Annual Budget of Public Non -Profit Agencies Provide support documentation, copy of the Annual Budget for the current fiscal year and make sure is related ONLY to the operation of the specific building to be retrofitted, not for the entire department, city or county. See Note # ( 8 on Notes. $ 1,207,300 See Exhibit 0 H. Mitigation Project Data (1) Project Description Describe the Proiect: Esc Installation of Shutters in all rvindows. doors. bay doors, vents_ louvers, skyGghu, Etc. See Note # ( 9 ) on Notes. Install electric hurricane shutters in all building openings. (2) Project Useful Life (Years) For Shutter: if it is more than 15 years it is necessary to provide support documentation, letterftom the vendor assuring the Shutter Useful Life. See Note p ( 10 ) on Notes. 20 years See letter from the vendor — Exhibit C (3) Mitigation Project Costs $ga, 900 (4) Base Year of Costs 2009 (5) Annual Maintenance Costs ($/year) Provide support documentation for Annual Maintenance. See Notc k (11) on Notes $1001year 161 STATE OF FLORIDA - JOINT HARD MiTIGATION GRANT PROGRAM FLOOD MITIGATION ASSISTANCE APPLICATION THIS SECTION FOR STATE USE ONLY FEMA- - DR -FI_ ❑ Standard HMGP ❑ 5% Initiative Application ❑ Application Complete ❑ Standard FMA ❑ Initial Submission or ❑ Re- Submission Support Documents Eligible Applicant Project Type(s) ❑ Conforms w/ State 409 Plan ❑ State or Local Government ❑ Wind ❑ In Declared Area ❑ Private Non - Profit (Tax ID Received) ❑ Flood ❑ Statewide ❑ Recognized Indian Tribe or Tribal Organization ❑ Other: Community NFIP Status: (Check all that apply) Reviewer Phone#: ❑ Participating Community ID#: Reviewer Fax#: ❑ In Good Standing ❑ Non - Participating ❑ CRS Reviewer E -Mail: Date Application Received: State Application State Reviewer— Signature: Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922 -5269. A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project General Application Sections: pp. 1-5: All Applicants must complete these sections Environmental Review: pp. 6 -9: All Applicants must complete these sections Maintenance Agreement. p. 10: Any Applications involving public property, public ownership, or management of property Acquisition Worksheet: pp. 11-13: Acquisition Projects only -- one worksheet per structure Elevation Worksheet: pp. 14-19: Elevation Projects only — one worksheet per structure Drainage Worksheet: pp. 19 -21: Drainage Projects only Wind Retrofit Worksheet: pp. 22 -24: Wind retrofit projects only (HMGP only) -- one worksheet per structure pp. 25 -27: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure Attachment A: FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable. Attachment B: HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete this checklist B. Applicant Information FEMA -1785 -DR FLDISASTER NAME: Tropical Fay Ex FEMA - 1609- DR -FL: Hurricane Wilma Title / Brief Descriptive Project Summary: Golden Gate and Immokalee Sports Complex Shutter Project 1. Applicant (Organization): Collier County 2. Applicant Type: ® State or Local Government ❑ Recognized Native American Tribe ❑ Private Non -Profit 3. County: Collier 4. State Legislative District: Florida Congressional District(s): 14 House: 76 Senate: 37 5. Federal Tax I.D. Number: 59- 60000558 6. FIPS Code *: 021- 00021 -00 ( *if your FIPS code is not known, please fill out FEMA Form 9049 (Attachment A) so the Department may obtain a FIPS code for you) 7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map for your area): 120067 8. NFIP Community Rating System Class Number (FMA ONLY): N/A 9. NFIP Last Community Assistance Visit Date (FMA ONLY): N/A 10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number: 0 Attach any continuations or additional items to this page j Form No. 131%4GP/FMA -001, Eff. 08/17/07 STAT-F OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM & FLOOD MITIGATION ASSISTANCE APPLICATION 11. Point of Contact OMs. [—]Mr. ® Mrs. First Name: Vicky Last Name: Ahmad Title: Project Manager Street Address: 15000 Livingston Road City: Naples State: Florida Zip Code: 34109 Telephone:(239)252 -4047 Fax: (239)252 -3973 Email Address (if available):ViekyAhmad(a)coUier ov.net 12. Application Prepared by: Elms. ❑Mr. ®Mrs. First Name: YiEky Last: Ahmad Title: Proiect Manager Telephone: (239)997 -3857 Fax: (239)252 -3973 13. Authorized Applicant Agent (proof of authorization authority required) Elms. ® Mr. ❑Mrs. First Name: James Last Name: Mudd Title: County Manager Telephone: (239)252 -8383 Fax: (239)252 -4010 Street Address: 3301 Tamiami Trail East Buildina. 3rd. Floor City: Na les State- Florida Zip Code: 34112 G 1\ Signature: Date: 14. All proposed projects should be included in the county's Local Mitigation Strategy (LMS). Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. X Yes ❑ No 15. Has this project been submitted under a previous disaster event? If so please provide the disaster number and project number if available. N/A Section I. Project Description A. Hazards to be Mitigated / Level of Protection 1. Select the type of hazards the proposed project will mitigate: ❑ Flood ® Wind ❑ Storm surge ❑ Other (list): 2. Identify the type of proposed project: ❑ Elevation and retrofitting of residential or non - residential structure ❑ Acquisition and relocation ❑ Acquisition and demolition ® Wind retrofit ❑ Minor drainage project that reduces localized flooding ❑ Other (please explain) 3. List the total number of persons that will be protected by the proposed project: 250 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the 100 -year (1 %) flood) structure(s) protected against the -year Flood (10, 25, 50, loo, or 500 year) 2 structure(s) protected against 150 mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. (Other special project types include drainage and other engineered projects. These projects are unlike acquisition, elevation or wind retrofits /shutters.)) Attach to this page ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for 20 years (i.e., what is the useful life of the project) Attach any continuations or additional items to this page 2 Form No. HIvIGP/FMA -001, Eff. 08/17/07 161 1 oo--, B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. Description of the existing problems- The Golden Gate Community Center, located at 4701 Golden Gate Parkway in Naples is one of our oldest community center in Naples with no Hurricane Protection. The center has a multi function auditorium with capacity of 150- person, game room, lobby, meeting room, office and rest rooms. The Immokalee Sports Complex, located at 505 Escambia Street in Immokalee is also one of the oldest community Center in Immokalee with no Hurricane Protection. Located in the center of town, the facility is always filled with children after school. Center is also home to the Immokalee indoor soccer league, basket games and the exclusive site for children's and adult swimming lessons. Describe the type(s) of protection that the proposed project will provide - Both projects will provide hurricane protection on all openings including doors and windows throughout the building. The shutters will provide a barrier from flying debris and high winds often generated by hurricane force winds. Electrical connections will be retrofitted in these centers to allow connection to the generator. Scope of Rork (describe in detail, what you are planning to do)- Both projects will include installation of Roll Down Shutter 2- 58mm Super T -End Retention System. Both centers will receive a total of 39 motorized roll down and 13 manual operated shutters. The selected vendor will install the shutters and the project oversight will be provided byParks and Recreation staff- Approval of the project, bidding, vendor selection, contract, etc. may take 3 months, permitting maybe another 3 months, material fabrication - 2 months and installation — 2 months. See Exhibit C for Cost Estimate and Product Specifications. Describe any other on -going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or FMA project - N/A Sectiou II. Project Location (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and �; „�rA� f�T t}ie site utilizing a hand -held global -. � - - - -- 16I Section II. Project Location (Fully describe the location of the proposed project.) A. Site eet 1. Describe the physical location tis project, ude and latitude including st coordinates sfo� the site utilizing ) and global if available, please pr precise positioning system (GPS) unit or the equivalent: The Golden Gate C 2mm 006 N and Longitude located tde 84.4 701 Golden Gate Parkway in Naples, Florida 34116. It has a Latitude of The immLati�tud of 26.253m3 )l Nis and located gat 50 81-252318 cambia Street in Naples, Florida 34142. It has a Z. Title Holder: Collier County See Exhibit D 3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑S ®NO 4. Provide the number of each structure type (listed below) in the project area that will be affected by the project. That is, all structures in project area. ❑ Businesses /commercial property: ❑ Residential property: Schools/hospitals/houses of worship: ® Public buildings: ❑ Other: B. Flood Insurance Rate Map (FIRM) showing Project Site ❑ Attach two (2) copies of the FIRM trap, a copy of the panel information from our area). I Aso, all attached e Floodway Map. FIRM maps are required for this application (if p Fps are typically available from map. maps must have the project site and structures clearly marked on the zoning, or en ineerin office. Maps can also your local floodplain administrator who may be located in a planning, zonin,,, engineering be ordered from the Map Service Center at 1- 800 - 358 -4616. For more information about a/MSC contact your local agencies or visit the FIRM site on the FEMA Web -page at http / /www fema �ov/home/MSC/hardcopy.htrn Using the FIRM, determine the flood zones) of the project �si eck all zones in (see FIRM legend for flood zone explanations) (A Zone muentified) ❑ VF_ or V 1 -30 ❑ AE or A 1 -30 ❑ AO or AH ❑ A (no base flood elevation given) ® B or X (shaded) ❑ C or X (unshaded) ❑ Floodway ❑ Coastal Barrier Rcoolydinate with your) state agency before submitting an apph application for CBRA Zone project). l this Zone, please ❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHB"-) for your area, with the project site and structures clearly marked on the map. C. City or County Map with Project Site and Photographs ® Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. ® Attach a USGS 1:24,000 TOPO map with project site clearly marker Ma Pro e Identification Map, etc.) the map. ® For acquisition or elevation projects, include copy of Parcel Map ( P� rty P showing each property to be acquired. The map should include the Tax ID numbers onr each e photographs should ® Attach photographs (at a minimum 2 photographs) for each project site per app areas, which be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage affect the project site or will be affected by the project. For each structure, please include the following angles: front,back and both sides. Attach any continuations or additional items to this page 4 Form No. HMGP/FMA -001, Eff. 08/17/07 161 1 brti`� Section ffi. Budget /Costs scale, do not include them in the In this section, provide details of all the estimated . administrative cos arescalculated � is used slidingr the Benefit -Cost Analysis, reasonable cost estimates are essential. Since project budget. Also, do not include contingency costs in the budget. Avoid the use of lump sum costs_ A. Materials nnsts -- please indicate all "soft' or in -kind matches) Pn,,ts associated with the project. Total Estimated Project Cost 5146,264 ari�itional.items to this page S Form No. HMGPIFNIA-001, Eff. 08/17/07 D. Funding Sources (round flares to the mearest dollar) Tlse ana dyn= FEMA share for BMGP/FMA projects is 75%. The other 25% can be made up of State and Local funds as well as in- kind services. Moreover, the FMA program requires that the maximum in -kind match be no more than 12.5% of the total project costs. HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match. Estimated FEMA Share Non - Federal Share Estimated Local Share $ 109.696 % of Total (maximum of 75 %) $36,565 % of Total (Cash) $ % of Total (In- land *) $ % of Total (Project Global Match * *) other Agency Share $ %of Total (Identify Other Non - Federal Agency and availability date: ) Total Funding sources from above $146.260 100Total % (should equal 100 %) *Identify proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B) * *Separate project application must be submitted for each project (Global) Match project E. Project Milestones/Schedule of Work List the major milestones in this project by providing an estimated time -line for the critical activities not to exceed a period of 3 years for performance. (e:g. Designing, Engineering, Permitting, etc) Milestone Number oQays to Complete [Ex., Demolition of 6 structures and removal of debris Request for bid from three vendors Prepare Construction Documents 14 days 100 da s 100 days Permits 100 days Order materials and slit d to project site 100 days IU=n shutters, switches and generator Inspection and close out 100 300 s Attach any continuations or additional items to this page 6 Form No. IUv1GP/FMA -001, Eff. 08/17/07 16 1 1 �) �I, Section IV. Environmental Review and Historic Preservation Compliance (7VOTE. This application cannot be processed if this section is not completed) Because the HMGP/FMA are federally funded programs, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. 1. The following information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The State Environmental Staff provide comprehensive NEPA technical assistance for Applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. ® Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section Ill (p. 5) of this application). ® Project area maps (Section 11, part B & C of this application (pp. 3 -4)). ® Project area/structure photographs (Section II, part C of this application (p. 4)). ® 'Preliminary project plans. ® Project alternatives description and impacts (Section IV of the application (pp. 6 -8)). ® Please complete the applicable project worksheets. Dates of construction are required for all structures. ® Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type (page 9 of this application). 2. Alternative Actions The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the "No Action Alternative ". 1. No Action Alternative Discuss the impacts on the project area if no action is taken. If no action is taken, both Golden Gate and Immokalee Sports Complex would continue to be in danger of losing approximately $ 140,200 worth of contents and maybe even losing their building during the hurricane season. Both facilities will also serve the community as "cooling centers" during period of without electricity due to disaster. Attach any continuations or additional items to this page 7 Form No. 14MGP/FMA -001, Eff. 08/17/07 Section 1V. Environmental Review; continued (NOTE. This application CANNOT be processes) if this section is not completes.) 161 1 ba) Alternative Actions, 2. Other Feasible Alternative Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Complete all of parts a -e (below) and include engineering details (if applicable). a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or provide protection from the hazard(s). An alternative project that was considered was to replace all existing glass windows and doors with an impact -rated windows. See Exhibit C for proposed quote from vendor. The original structures were designed to withstand wind pressure of 110 mph. The installation of the alternative would involved windows capable of resisting pressures developed by winds slightly over 130 mph, 3- second gust, which is approximately equal to sustained 110 mph wind. The net result is the windows would be capable of withstanding pressures slightly exceeding the design criteria of the original building. The net result windows are not impact rated and are subject to major damage during a windstorm, whereas the impact -rated replacement windows would protect the glazed from wind bome debris in accordance with the current codes. It is estimated that 3,100 quare feet of glass would need to be removed and replaced including 3 single doors, 4 pairs of double doors. Once windows are removed, repairs to the stucco, window sills and paint would be required.. b. Project Location of the Alternative (describe briefly) ® Attach a map or diagram showing the alternative site in relation to the proposed project site ® Photographs (2 copies) of alternative site Project location of the alternative will be the same location for both community centers - Golden Gate Community Center located at 4701 Golden Gate Parkway in Naples and Immokalee Sports Complex located at 505 Escambia Street in Immokatee. c. Scope of Work for Alternative Project - Request quotes to replace windows from three vendors. - Remove existing windows - Repair window sills, stucco and paint to match existing walls. - Install new windows. Attach any continuations or additional items to this page 8 Form No. 1B4GP/FMA -001, Eff. 08/17/07 Section IV. d. e. Environmental Review; Impacts of Alternative Project 16I 1 ri/L/ Alternative Actions, continued Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials. Estimated Budget /Costs for Alternative Project In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum budget is acceptable. 1. Materials 2. Labor (Include equipment costs -- please indicate all "soft" or in -kind matches) 3. Fees Paid Include any other costs associated with the project. Total Estimated Project Cost $_204,120_ Attach any continuations or additional items to this page 9 Form No. HMGP/FMA -001, Eff. 08/17/07 161 1 b�'' HMGPIFMA ENVIRONMENTAL, REVIEW Information and Documentation Requirements by Project Type Retrofits to Existing Facilities/Structures Elevations Acquisitions with Demolition ✓ Dates of Construction ✓ Concurrence from State Historic Preservation Officer if structure is 50 years or older or if work to be done is outside the existing footprint. Drainage Improvements ✓ Engineering plans /drawings ✓ Permit or Exemption letter to address any modifications to water bodies and wetlands • Department of Environmental Protection • Water Management District • U.S. Army Corps of Engineers ✓ Letter from State Historic Preservation Office addressing archeological impacts. ✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. ✓ If the project is in coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. ✓ Concurrence from Natural Resource Conservation Service if project is located outside city limits and may impact prime or unique farmland. Note: This is a general guideline for most projects. However, there will be exceptions. Consult with environmental staff on project types not listed lul 161 1 V2 Section V. Maintenance Agreement All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting their application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The QouM of Collier, State of Florida, hereby agrees that (City, Town, County) if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by James V. Mudd, the duly authorized representative (printed or typed name of signing official), County Manager. (title) this 6th (day) of April (month), 2009 (year). 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"NOOxUH H�HH OHaz W 0174 0 4�HUah'��P N9 ow z W H H UaC zz O;�H c/! 00 o,w a4 mw Poo o moUw�mwHw pU U oU�+cnr.� U wocaz m Hc4 wcnca w a 0,98M 0 w Hzz Haaca a o wzHHw caoozz a o oHHH 9 04 pf,HH H z H Q4�W �H+H m H Wz HH OH 8 1 i(�U� a PHM co IN22HN T+zUU�s wAwwt*w>4wH4WH WUt4AWWa�Ui >+ooHHaOOAHamHoUaUU�a4rl�a�AC wzaDOaHHx P4��7�-Il�WxxH Tcj E- IwOHzC�Q� a QAZa I HIM H4 aHamoow� w H w a9OOa wa 000z U a �xmowwawAooca 00000.- i1n�Ol ��U1000N000OOOOU 'IOOOOOOOOOOOOOOOOOriNO►OOOI -l0 t0 .i N rl H M (� crl Cr) c�) f+') c*1 �! v v U) )� O).-� .-i O O O O� O! .-) N Uf O� ri .-1. -1 N Or1 v u'f h O1 C) Of 0► Oi Of .-1 N c+) H rn vtntntOtOlOtDtOtOtOIOtOtOtDIOtOtOtD[ �mOt010�Q�Of.- 1.- 1 .- 1.-INNNNNNNNNNNNNN':f�7�F -i�I vvvvvvvvvvvvvvv�%r -w vq -q -w v v ui ui w) vi Lo Lo in gnu Ln Ln tnrntnLnini LnLninLnato ��o�tototnto�oto�oto�nto�oto�otntoto�ocat��owtotototototuw�otototo�cwto�ototo�n�otow�oFC� U 161 1 bil-, Fiala Halas Henni Coyle Coletl 16 1 l bl�,v June 22, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD RECEIVED Naples, Florida, June 22, 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 SEP 0 4 2009 Board of County CommkWor s Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present: CHAIRMAN: Jim Klug VICE CHAIR: Ellen Shaw Kaydee Tuff Bill Arthur Darrin Brooks (Absent) ALSO PRESENT: Annie Alvarez, Regional Manager /Region III Vickie Wilson, Community Center Supervisor Misc. Corres: Date: Item #: I. II. III. l61 I June 22, 2009 Call to Order The meeting was called to order at 6:03 PM by Chairman, Jim Klug III. Attendance — Establish a Quorum A quorum was established. Approval of Agenda Jim Klug moved to approve the Agenda as submitted. Second by Ellen Shaw. Motion carried unanimously 4 -0. IV. New Business Annie Alvarez distributed and reviewed the FY 2009 - 2010 Revenue Line Item Service Level Budget for Golden Gate Community Center. (See attached) • Budget to be presented to BCC on June 29. 2009. • Service Level 1 column represents a budget cut of 15%. • Service Level 2 column reflect the amount of the budget cuts. • FY 2010 Budget column represents a budget cut of 3 %. The Operating Expense shows more money back in the Budget. Funds returned back into budget will cover the expense of 3- Staff positions and the Light Pole Project. There is not a big difference in Funding from 2009 to Level 1. • FY 2009 Adopted was $1,354,600 • Actual is $1.089,200 • Next year projection is $1,169,700 The Committee asked the Staff if they were satisfied with the Budget. Annie Alvarez responded she had no concerns. Vickie Wilson said all her requests were covered in the Budget. Staff recommended the Committee approve the Budget to be submitted to the BCC. Bill Arthur moved to accept the Budget FY 2010 as presented by Staff to be submitted to BCC on June 291h. Second by Ellen Shaw. Motion carried unanimously 4 -0. It was noted Barry Williams and Annie Alvarez will present the Budget on June 29`x' to the BCC. The Staff will notify the Committee on the approximate time of the presentation. Chairman Jim Klug III commended the Staff on the great job in putting the "Budget" together. He spoke for the Committee stating they wanted to be a part of this process and this is the first year they were involved. 2 P) p-,, 16 1 1 � 1z June 22, 2009 VII. Public Comments — None. There being no further business for the good of the County, the meeting was moved and seconded to adjourn. The meeting adjourned by order of the Chair at 6:25 PM. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD r ►%� K[u. W. James Klug III, Chairman These Minutes were approved by the Advisory Board Chair on as presented k or as amended 161 10 j?, FY 2010 Revenue Line Item Service Level Budget grouped by Business Center, Business Unit, Org Code Collier County Govemment Fiscal Year 2010 Account FY 2008 FY 2009 FY 2009 r SG/6 FY 2010 Service Level Totals FY 2010 Code Account Description Actual Adopted Annualized Level 1 Level 2 Level 3 Level 4 Budget Gi/ r 3"a 08 Public Services Division 0807 Parks & Recreation Department 157710 -130 Golden Gate Community Center 311100 Current Ad Valorem Taxes 415,086 381,700 343,500 323,600 46,200 0 0 369,800 311200 Delinquent Ad Valorem Taxes 1,750 0 100 0 0 0 0 0 341446 SALES OF XEROX COPIES - 42 100 100 100 0 0 0 100 TAXABLE 347230 PERMIT MEMBERSHIP SALES 6,023 12,600 12,600 12,700 0 0 0 12,700 PARKS AND REC 347270 ATHLETIC PROGRAMS 378 0 10,500 10,500 0 0 0 10,500 PARKS AND REC 347290 RECREATION CAMPS PARKS 18,769 12,500 12,500 11,800 0 0 0 11,800 AND REC 347400 SPECIAL EVENTS 21,146 17,500 15,100 20,300 0 0 0 20,300 347903 Merchandise Sales Taxable 8,381 22,400 22,400 22,400 0 0 0 22,400 347905 ADMISSION 1,658 2,000 1,000 2,000 0 0 0 2,000 347908 CONCESSION FEES 17,410 4,000 4,000 4,000 0 0 0 4,000 347911 FACILITY RENTALS 19 0 0 0 0 0 0 0 TAXABLE 347920 COURT USER FEES 9,849 0 0 0 0 0 0 0 347940 FACILITY RENTALS CULTURE 23,185 14,000 20,000 21,000 0 0 0 21,000 REC 347990 INSTRUCTIONAL SERVICES 69,692 102,300 76,400 86,500 0 0 0 86,500 CULTURE REC 361320 Interest Tax Collector 333 0 0 0 0 0 0 0 366900 Contributions Private Source 11,956 6,000 6,000 6,000 0 0 0 6,000 369300 Reimbursement For Prior 10,832 0 0 0 0 0 0 0 Year Expenditure 167710 -130 Golden Gate 616,509 575,100 524,200 520,900 46,200 0 0 567,100 Community Center 919010 -130 Reserves 489200 Carryforward 271,216 268,100 367,100 338,300 0 0 0 338,300 489900 Negative 5% Estimated 0 - 28,800 0 - 26,000 -2,300 0 0 - 28,300 Revenues 919010 -130 Reserves 271,216 239,300 367,100 312,300 -2,300 0 0 310,000 929010 -130 Interfund Transfers - Bcc 481111 Transfer From Uninc Area 594,300 525,200 525,200 328,500 84,200 0 0 392,700 Mstd General 111 929010 -130 Interfund Transfers - 594,300 525,200 525,200 328,500 64,200 0 0 392,700 Bcc 959010 -130 Transfers - Elected Officers 486600 Transfer From Property 523 0 0 0 0 0 0 0 Appraiser 486700 Transfer From Tax Collector 4,165 0 0 0 0 0 0 0 959010 -130 Transfers - Elected 4,688 0 0 0 0 0 0 0 Officers 989010 -130 Interest Income Bcc 361170 Interest Sba 1,762 0 0 0 0 0 0 0 361180 Investment Interest 11,626 15,000 11,000 8,000 0 0 0 8,000 989010 -130 Interest Income Bcc 13,388 15,000 11,000 8,000 0 0 0 8,000 0807 Parks & Recreation 1,600,101 1,364,600 1,427,600 1,159,700 108,100 0 0 1,277,800 Department 08 Public Services Division 1,500,101 1,354,600 1,427,600 1,169,700 108,100 0 0 1,277,800 Report Total 1,600,101 1,354,600 1,427,500 1,169,700 108,100 0 0 1,277,800 GovMax • 1 6/22/2009 161 1 0iz FY 2010 Expenditure Line Item Service Level Budget grouped by Business Center, Business Unit, Org Code 0807 Parks & Recreation Department 157710 -130 Golden Gate Community Center Fiscal Year 2010 Collier County Government FY 2008 FY 2009 FY 2009 1 57,p FY 2010 Service Level Totals FY 2010 Account Code Account Description Actual Adopted Annualized Level 1 Level 2 Level 3 Level 4 Budget 0 0 302,702 512600 Er 457 Deferred Comp 380 08 Public Services Division 1,000 1,000 0807 Parks & Recreation Department 157710 -130 Golden Gate Community Center 512100 Regular Salaries 297,242 332,797 261,100 281,384 21,318 0 0 302,702 512600 Er 457 Deferred Comp 380 1,000 1,000 1,000 0 0 0 1,000 512700 Cell Phone Allowance 180 0 0 0 0 0 0 0 513100 Other Salaries And Wages 35,598 50,000 50,000 72,620 0 0 0 72,620 514100 Overtime 0 17,800 17,800 0 0 0 0 0 518100 Termination Pay 10,152 0 0 0 0 0 0 0 518200 Voluntary Separation 18,600 0 0 10,554 0 0 0 10,554 Incentive Program 519100 Reserve For Salary 0 14,090 0 0 0 0 0 0 521100 Adjustment Social Security Matching 26,478 30,406 23,300 25,392 1,632 0 0 27,024 522100 Retirement Regular 33,053 37,956 29,200 35,230 2,450 0 0 37,680 523150 Health Insurance 87,588 92,403 92,500 84,432 0 0 0 84,432 523160 Life insurance Short And 1,893 1,948 2,000 988 0 0 0 988 Long Term 524100 Workers Compensation 11,400 20,100 3,000 18,000 0 0 0 18,000 Regular 527200 Allowance for Cell Phone -180 0 0 0 0 0 0 0 590000 Attrition Reserve 0 - 17,800 - 17,800 0 0 0 0 0 634204 It Direct Client Support 9,658 0 0 0 0 0 0 0 634210 Info Technology Automation 0 0 0 20,000 0 0 0 20,000 Allocation 634970 Indirect Cost Reimbursement 267,300 289,200 289,200 77,400 0 0 0 77,400 634999 Other Contractual Services 32,635 40,000 40,000 40,300 4,800 0 0 45,100 639965 Locksmiths Services And 0 1,000 500 1,000 0 0 0 1,000 Supplies 639966 Pest Control 0 500 500 500 0 0 0 500 640200 Mileage Reimbursement 680 900 900 600 0 0 0 600 Regular 640300 Out Of County Travel 1,266 2,800 2,000 3,400 0 0 0 3,400 Professional Devel 640410 Motor Pool Rental Charge 54 300 300 100 0 0 0 100 641700 Cellular Telephone 890 700 700 700 0 0 0 700 641900 Telephone System Support 5,976 3,750 5,800 5,800 0 0 0 5,800 Allocation 641950 Postage Freight And Ups 106 300 200 200 0 0 0 200 641951 Postage 38 0 0 0 0 0 0 0 642100 Bank Fees 0 0 100 0 0 0 0 0 643100 Electricity 65,723 84,000 84,000 68,000 0 0 0 68,000 643300 Trash And Garbage Disposal 5,009 6,400 6,500 6,500 0 0 0 6,500 643400 Water And Sewer 10,374 10,800 10,800 11,000 0 0 0 11,000 644170 Rent Temporary Storage 570 0 0 0 0 0 0 0 644600 Rent Equipment 2,746 4,000 3,400 6,900 9,200 0 0 16,100 644620 Lease Equipment 1,156 0 2,400 2,400 0 0 0 2,400 645100 Insurance General 8,800 6,600 6,600 6,900 0 0 0 8,900 645200 Property Insurance 34,100 38,400 28,300 30,100 0 0 0 30,100 646110 Building R And M Outside 1,747 5,000 2,500 5,000 0 0 0 5,000 Vendors 646180 Building R And M Isf Billings 2,902 5,000 5,000 5,000 0 0 0 5,000 646311 Sprinkler System 0 500 300 1,000 0 0 0 1,000 Maintenance 646315 Athletic Court And Ball Field 1,563 2,000 2,000 2,500 2,000 0 0 4,500 Maint 646316 Maint Bleachers Picnic Tables 0 2,000 2,000 2,000 2,000 0 0 4,000 Etc GovMax 1 6/22/2009 FY 2010 Expenditure Line Item Service Level Budget grouped by Busine Collier County Government Account FY 2008 FY 2009 FY 2009 1570, Code Account Description Actual Adopted Annualized Level 1 08 Public Services Division 0807 Parks & Recreation Department 161 1 btti as Center, Business Unit, Org Code Fiscal Year 2010 FY 2010 Service Level Totals FY 2010 Level Level Level Budget Gv r 3 010 157710 -130 Golden Gate Community Center 646317 Fencing Maintenance 1,436 2,000 2,000 2,000 0 0 0 2,000 646318 Mulch 2,591 3,000 3,000 2,000 2,000 0 0 4,000 646319 Tree Trimming 1,260 2,000 2,000 2,000 0 0 0 2,000 646320 Landscape Materials 2,390 2,000 2,000 2,000 3,000 0 0 5,000 646430 Fleet Maintlsf Labor And 2,004 1,200 1,200 900 0 0 0 900 Overhead 646440 Fleet Maint isf Parts And 893 1,300 1,300 400 0 0 0 400 Sublet 646452 Playground Equipment 2,082 2,000 2,000 2,000 0 0 0 2,000 Maintenance 646510 Machine Tools R And M 257 1,500 1,500 1,500 0 0 0 1,500 Outside Vendors 646710 Office Equipment R And M 159 2,350 100 0 0 0 0 0 646970 Other Equip Repairs And 7,238 4,000 4,000 3,000 0 0 0 3,000 Maintenance 647110 Printing And Or Binding 2,896 7,200 7,200 8,200 0 0 0 8,200 Outside Vendors 648170 Marketing And Promotional 12,592 8,500 8,500 8,000 0 0 0 8,000 649010 Licenses And Permits 765 2,000 1,000 1,200 0 0 0 1,200 649100 Legal Advertising 350 0 0 0 0 0 0 0 649930 Credit Card Discount Fee 44 0 2,500 3,000 0 0 0 3,000 649960 Reimbursement Prior Year 12 0 0 0 0 0 0 0 Revenues 649990 Other Miscellaneous Services 10,214 9,300 9,300 9,400 0 0 0 9,400 651110 Office Supplies General 4,659 5,200 5,200 5,200 0 0 0 5,200 651210 Copying Charges 989 1,000 1,000 3,600 0 0 0 3,600 651910 Minor Office Equipment 500 500 500 500 0 0 0 500 651930 Minor Office Furniture 1,680 1,000 1,000 1,000 0 0 0 1,000 651950 Minor Data Processing 38 0 0 0 0 0 0 0 Equipment 652110 Clothing And Uniform 2,430 2,100 600 1,500 0 0 0 1,500 Purchases 652130 Clothing And Uniform Rental 377 500 500 500 0 0 0 500 652140 Personal Safety Equipment 536 500 500 200 0 0 0 200 652210 Food Operating Supplies 5,883 5,800 3,600 5,000 0 0 0 5,000 652310 Fertilizer Herbicides And 3,397 1,500 1,500 2,000 0 0 0 2,000 Chemicals 652490 Fuel And Lubricants Isf 3,682 2,500 2,500 3,800 0 0 0 3,800 Billings 652510 Household And Institutional 1,641 2,400 2,400 2,400 0 0 0 2,400 Supplies 652720 Medical Supplies 2,021 500 500 1,500 0 0 0 1,500 652910 Minor Operating Equipment 19,139 10,000 14,300 10,000 6,000 0 0 16,000 652920 Computer Software 293 0 0 0 0 0 0 0 652940 Merchandise Resale 19,583 16,000 16,000 16,000 0 0 0 16,000 652990 Other Operating Supplies 19,556 14,000 14,000 14,500 0 0 0 14,500 652991 Electrical Supplier 735 2,000 2,000 2,500 0 0 0 2,500 652992 Electrical Contractors 979 2,500 2,500 2,500 0 0 0 2,500 652999 Painting Supplies 0 1,000 1,000 1,000 0 0 0 1,000 654110 Books Publications And 0 200 200 400 0 0 0 400 Subscriptions 654210 Dues And Memberships 316 600 600 600 0 0 0 600 654360 Other Training Educational 1,066 1,500 1,500 2,300 0 0 0 2,300 Expenses 763100 Improvements General 21,450 0 0 0 21,500 0 0 21,500 GovMax 2 8/2212009 16I 1 pi" FY 2010 Expenditure Line Item Service Level Budget grouped by Business Center, Business Unit, Org Code Collier County Government Fiscal Year 2010 Account FY 2008 FY 2009 FY 2009 s 6 FY 2010 Service Level Totals 5,100 FY 2010 Code Account Description Actual Adopted Annualized Level 1 Level 2 Level 3 Level 4 Budget 0 72,400 919010 -130 Reserves 0 134,600 Cuy" 124,100 5,100 3� 0 129,200 08 Public Services Division 0807 Parks & Recreation Department 930600 Budget Transfers Property 3,300 3,200 3,200 3,000 167710 -130 Golden Gate Community Center 0 0 3,000 Appraiser 763501 Lighting Poles 0 0 0 85,000 0 0 0 85,000 764150 Heavy Equipment And 0 0 0 0 21,000 0 0 21,000 Trailers 969010 -130 Transfers - Elected 11,676 12,700 10,600 11,100 764370 Audio Visual Equipment 0 0 0 0 5,000 0 0 5,000 764900 Data Processing Equipment 0 2,800 2,800 0 0 0 0 0 157710 -130 Golden Gate 1,133,830 1,207,300 1,078,600 1,034,500 101,900 0 0 1,136,400 Community Center 08 Public Services Division 1,146,506 1,354,600 1,089,200 919010 -130 Reserves 991000 Reserve For Contingencies 0 66,000 0 51,700 5,100 0 0 56,800 993000 Reserve For Capital Outlay 0 68,600 0 72,400 0 0 0 72,400 919010 -130 Reserves 0 134,600 0 124,100 5,100 0 0 129,200 959010 -130 Transfers - Elected Officers 930600 Budget Transfers Property 3,300 3,200 3,200 3,000 0 0 0 3,000 Appraiser 930700 Budget Transfers Tax 8,376 9,500 7,400 8,100 1,100 0 0 9,200 Collector 969010 -130 Transfers - Elected 11,676 12,700 10,600 11,100 1,100 0 0 12,200 Officers 0807 Parks & Recreation 1,146,606 1,364,600 1,089,200 1,169,700 108,100 0 0 1,277,800 Department 08 Public Services Division 1,146,506 1,354,600 1,089,200 1,169,700 108,100 0 0 1,277,800 Report Total 1,145,506 1,364,600 1,089,200 1,169,700 108,100 0 0 1,277,800 GovMax 3 6122/2009 �A Public Services Division Parks & Recreation Department Golden Gate Community Center (130) Mission Statement To benefit the well -being of the people, community, and environment of Collier County. Childcare/Preschool, Afterschool, No School, Vacat on amp Strive to meet family needs by providing a safe and supervised environment for all children to attend throughout the year. Provide recreational and enrichment experiences for self- esteem, self - reliance, learning, pleasure, health and well beinc. Community Center Maintenance 1.00 191,696 181,686 - Protect resources, provide a pleasant, clean, safe and enjoyable environment for community center visitors to allow quality passive and organized recreational exoeriences by the public. Unfilled Positions 3.50 - - - Reserves/Transfers - 132,200 640,800 - 508,600 Base Level of Service Budget 11.50 1,169,700 1,169,700 - FY 2010 FY 2010 FY 2010 FY 2010 Tax Neutral Program Summary Total FTE Budget Revenues Net Cost Restore funding for the Golden Gate Community Center 1.00 108,100 108,100 - Inflatable movie screen and Latin Festival would be eliminated. Capital operating capital projects will be deferred in the amount of $47,500. One job bank positions associated with the after school programming and "Wheels" BMX/Skate Park would be eliminated. This reduces the transfer from MSTD General Fund (111) by 15°/ ". Tax Neutral Program Summary 1.00 108,100 108,100 Total Proposed Budget 12.60 1,277,800 1,277,800 FY 2008 FY 2009 FY 2009 FY 2010 Program Performance Measures Actual Budget Forecast Budget Fee Based Facility Rentals 742 - 750 750 Fee Based Program Registrations 2,872 2,800 2,800 GGCC Memberships 287 - 300 300 FY 2010 FY 2010 FY 2010 FY 2010 Program Summary Total FTE Budget Revenues Net Cost Actual 7.00 796,784 480,800 314,984 Golden Gate Community Center Change Personal Services 522,384 The Golden Gate Community Center serves as a meeting place for community 462,100 555,000 555,000 groups and provides structured programming for all ages via classes, Operating Expense 322,696 334,600 activities, and special events and offers informal gathering opportunities 371,500 371,500 11.0% throuoh open aame room and droo -in recreation oroorams. f C - 50,020 48,100 1,920 Childcare/Preschool, Afterschool, No School, Vacat on amp Strive to meet family needs by providing a safe and supervised environment for all children to attend throughout the year. Provide recreational and enrichment experiences for self- esteem, self - reliance, learning, pleasure, health and well beinc. Community Center Maintenance 1.00 191,696 181,686 - Protect resources, provide a pleasant, clean, safe and enjoyable environment for community center visitors to allow quality passive and organized recreational exoeriences by the public. Unfilled Positions 3.50 - - - Reserves/Transfers - 132,200 640,800 - 508,600 Base Level of Service Budget 11.50 1,169,700 1,169,700 - FY 2010 FY 2010 FY 2010 FY 2010 Tax Neutral Program Summary Total FTE Budget Revenues Net Cost Restore funding for the Golden Gate Community Center 1.00 108,100 108,100 - Inflatable movie screen and Latin Festival would be eliminated. Capital operating capital projects will be deferred in the amount of $47,500. One job bank positions associated with the after school programming and "Wheels" BMX/Skate Park would be eliminated. This reduces the transfer from MSTD General Fund (111) by 15°/ ". Tax Neutral Program Summary 1.00 108,100 108,100 Total Proposed Budget 12.60 1,277,800 1,277,800 FY 2008 FY 2009 FY 2009 FY 2010 Program Performance Measures Actual Budget Forecast Budget Fee Based Facility Rentals 742 - 750 750 Fee Based Program Registrations 2,872 2,800 2,800 GGCC Memberships 287 - 300 300 Total FTE 12.50 12.50 12.60 12.50 12.50 0% Fiscal Year 2010 57 Public Services Division FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 FY 2010 Program Budgetary Cost Summary Actual Adopted Forecast Current Expanded Proposed Change Personal Services 522,384 580,700 462,100 555,000 555,000 (4.4 %) Operating Expense 322,696 334,600 324,500 371,500 371,500 11.0% Indirect Cost Reimburs 267,300 289,200 289,200 77,400 77,400 (73.2 %) Capital Outlay 21,450 2,800 2,800 132,500 _- 132,500 4,632.1% Net Operating Budget 1,133,830 1,207,300 1,078,600 1,136,400 1,136,400 (5.9 %) Trans to Property Appraiser 3,300 3,200 3,200 3,000 3,000 (6.3 %) Trans to Tax Collector 8,376 9,500 7,400 9,200 9,200 (3.2 %) Reserves For Contingencies - 66,000 - 56,800 56,800 (13.9 %) Reserves For Capital - 68,600 - 72,400 72,400 5.5% Total Budget 1,145,506 1,354,600 1,089,200 1,277,800 1,277,800 (5.7 %) Total FTE 12.50 12.50 12.60 12.50 12.50 0% Fiscal Year 2010 57 Public Services Division ,I i I a) Public Services Division Parks & Recreation Department Golden Gate Community Center (130) (2 Fiscal Year 2010 58 Public Services uivision FY 2008 FY 2008 FY 2009 FY 2010 FY 2010 FY 2010 FY 2010 Program Funding Sources Actual Adopted Forecast Current Expanded Proposed Change Ad Valorem Taxes 415,086 381,700 343,500 369,800 - 369,800 (3.1 %) Delinquent Ad Valorem Taxes 1,750 - 187,400 100 174,600 - 191,300 191,300 na 2. 1% 2. Charges For Services 176,552 22,788 6,000 6,000 6,000 6,000 0% Miscellaneous Revenues 13,721 15,000 11,000 8,000 8,000 (46.7 9/6) InterestfMisc Trans frm Property Appraiser 523 - - - - na Trans frm Tax Collector 4,165 594,300 525,200 - 525,200 - 392,700 - 392,700 na (25.2 %) Trans fm 111 MSTD Gen Fd 271,216 268,100 367,100 338,300 338,300 26.2% Carry Forward - (28,800) - (28,300) (28,300) (1.7 %) Negative 5% Revenue Reserve Total Funding 1,600,101 1,364,600 1,427,600 1,277,800 - 1,277,800 (6.7 %) Fiscal Year 2010 58 Public Services uivision 161 1 biq,, Public Services Division Parks & Recreation Department NOTE (1): The performance measures for the Golden Gate Community Center have changed from the prior years. The Parks and Recreation Department will monitor performance measures with a recreational software program for tracking memberships and activities. NOTE (2): The performance measures for this department are reflective only of the tax neutral budget. Should a level less than tax neutral be adopted, the performance measures would need to be revised. FY 2009 - Personal services are forecast at $118,600 below FY 2009 adopted budget due to unfilled positions and a rebate on worker's compensation insurance. The unfilled positions represent a continued reduction in personnel through attrition, which has resulted in nine unfilled positions. Of these nine positions, six (6) for a total of 3.5 FTE are unfunded. Three (3) of these positions are vacant and approved for funding; however hiring is being delayed. Ad Valorem revenues are down approximately 10% due to a diminished level of collections. Car yforward has increased because the Community Center had a substantial turn-over in personnel in the prior year, resulting in savings over budget. Additionally, the canyforward offsets the reserve for capital replacement of the roof and air conditioning at $68,600. Millage Neutral: FY 2010 - In order to meet this level of service, the Golden Gate Community Center must eliminate one part-time afterschool childcare position and one part-time recreation assistant position at Wheels BMX/Skate Paris. Operating Expense reductions include not purchasing an inflatable movie screen for the amphitheater and elimination of the Latin Festival. Repairs and maintenance items to the Community Center that can be deferred will be Capital expenditures of $47,500 will be deferred. Ad Valorem revenues are decreased from the prior year adopted budget due to a decrease in taxable values of 24.95 %. The millage neutral budget provides for a decrease in Ad Valorem revenues of $46,200 and a decrease in funding from the MSTD General Fund of $64,200. Tax Neutral Program Summary: FY 2010 - Personal services are $25,700 less than FY 2009 adopted budget with the anticipated replacement of three positions resulting in increased program registrations. In FY 2009, these positions became vacant and with the uncertainly of ad valorem revenues and program revenues, the Community Center elected not to fill these positions during FY 2009. Operating Expenses increased slightly over the FY 2009 adopted budget. Information Technology Allocation was new for the year and totals $20,000. Additionally, the Community Center had to defer some repair and maintenance items in the prior year. This budget does include some funding for minor repairs and maintenance to the facility and grounds. The indirect cost reimbursement process was changed to reflect just the Golden Gate Community Center direct portion of this fee. The portion that is funded by the MSTD General Fund (111) was paid at a top -level and the transfer from the MSTD General Fund (111) was reduced accordingly. The indirect cost reimbursement allocated to the Golden Gate Community Center Fund (130) decreased by $211,800. Capital Expenditures of $132,500 include replacement of the cement pad at Wheels start gate ($8,000); repair and re- lamination of the front desk area ($13,500); full installation of the outdoor lights for the amphitheater ($85,000); purchase of a Toro riding blower machine ($15,000); a pressure washer ($6,000) and replacement of the sound and light system in the auditorium ($5,000). Reserves for capital include funding set aside for the purchase of a roof and a new air conditioning system. Current FY 2010 totals $72,400 which represents $45,100 for the air conditioning system and $27,300 for the roof. No additional funding was added for the air conditioner as this accumulation has not reached the projected replacement cost. Fiscal Year 2010 59 Public Services Division Yfafdeman CreekWaintename Dredging 16111 � 1 9W.S.TVAdvisoty Committee 2885 S. Horseshoe Drive Naples, FL 34104 November 13, 2008 AGENDA I. Call Meeting to Order I1. Attendance III. Approval of Agenda IV. Approval of May 8, 2008 Minutes V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager's Report - Darryl Richard C. Review of MSTU Boundary Map D. Member Terms and Expirations VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting 2. Marine Patrol of Haldeman Creek B. Joe Patton — Monitor / Interface with Naples MSTU on Technical Aspects of Dredging - Portion of HC inside Naples City boundary not in MSTU C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) D. Sharon King - Storm Water Runoff and Drain Maintenance E. Roy Wilson — 1. Property Tax Valuation and MSTU Boundary 2. Speed Zones VI. New Business A. Election of Officers VII. Member Comments VIII. Public Comments IX. Adjournment Next meeting is scheduled January 11, 2009 at 3:00 p.m. misc. Cones. Collier County Transportation Bldg /East Conference Room ® ?J ® 9 2885 S. Horseshoe Drive Daft, Naples, FL 34104 Item# [ 1 Copies to: gfardeman Cree Waintenance omdging 161 9K.S.`I: v. Advisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 February 12, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of November 13, 2008 Minutes V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager's Report - Darryl Richard VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting 2. Marine Patrol of Haldeman Creek B. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) C. Sharon King - Storm Water Runoff and Drain Maintenance D. Roy Wilson — 1. Property Tax Valuation and MSTU Boundary 2. Speed Zones VI. New Business VII. Member Comments VIII. Public Comments IX. Adjournment Next meeting schedule is TBD Collier County Transportation Bldg /East Conference Room 2885 S. Horseshoe Drive Naples, FL 34104 9140!man CreekWaintenance Dredging 9K.S. 2: V. Advisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 AUG 2 5 2009 <a3i� of C'"nty Commissioners March 26, 2009 Fiala Halas AGENDA Henning Coyle Coletta I. Call Meeting to Order I1. Attendance III. Approval of Agenda IV. Approval of February 26, 2008 Minutes V. Transportation Services Report A. Budget — Caroline Soto 1. Finance Department — Mark Isackson B. Project Manager's Report - Darryl Richard VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection B. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) C. Sharon King - Storm Water Runoff and Drain Maintenance D. Roy Wilson — 1. Speed Zones — Marine Patrol Deputy 2. Report on Naples Bay Dredging Committee Meeting 3 -9 -09 VII. New Business A. Allocation of funds for Core Testing of Haldeman Creek Rock B. Proposed Budget FY 2010 VIII. Member Comments IX. Public Comments X. Adjournment Next meeting schedule is TBD Misc. corres: CC Transportation Bldg /East Conference Rogp1: 2885 S. Horseshoe Drive Naples, FL 34104* ?fa(deman CreekW aintenance edging 51K.S.2: v. Advisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 May 8, 2008 RECEIVED AUG 2 5 2009 g03rd of (,;,I MINUTES nt t:onu? iss d I. Call Meeting to Order Meeting was called to order by Roy Wilson at 3:13 P.M. K.. Fiala Halas Henning Coyle Coletta .n II. Attendance: Members: Roy Wilson, Tom Briscoe, Joe Patton, Sharon King (Absent), Vicki Tracy County: Darryl Richard — Project Manager, Tessie Sillery — Operations Coordinator Others: Bryan Flynn — PBS &J, Darlene Lafferty — Mancan III. Approval of Agenda Add. 1V. A. Bryan Flynn — PBS &J Tom Briscoe moved to approve the Agenda as amended. Second by Roy Wilson. Motion carried unanimously 3- 0. IV. Approval of April 10, 2008 Minutes Change: Vl. D. Pg 3, Paragraph 3 should read, in that we are not here to beautify the area but to "maintain the waterways." VII. A. Pg 4, Paragraph 4 should read Marker "13" Joe Patton moved to approve the April 10, 2008 Minutes as amended. Second by Tom Briscoe. Motion carried unanimously 3- 0. Vicki Tracy arrived at 3:18 A. Bryan Flynn — PBS&J reviewed the following obstacles associated with Rock removal: ► Difficult Permitting Process i. DEP considers rock removal as creating new waters of the state ii. Improbable unless you possess a previous Permit for rock removal iii. Rock removal may be possible for a small isolated area ► Research required — Process is Labor intense i. Use Sonar Imaging Equipment ii. Probe used to determine depth of rock that was located during the Sonar imaging iii. Estimated time for Permitting — 5 years for "small sectio#i%fA M rock removal Date: 1 %M 0. ,ifn to: 16I i 0i3 ► Estimated Cost i. Permit cost - approximately $250,000 ii. Rock removal - $100 per cubic foot iii. Construction cost - starting at $1,000,000 iv. Removal of "all" rock in Haldeman Creek would increase cost to $2,000,000 - $3,000,000 ► DEP Dredging depth limit for rock removal — 5 ft. unless a prior Permit was obtained or explanation given that it is necessary to dredge deeper ► Navigation is not a primary focus for DEP Discussions ensued. Roy Wilson stated the Sandpiper area is consistently the shallowest with a strata area causing depth problems Tom Briscoe perceives that the rock level is 2 ft and the rest of the canal is lower. He expressed that rock impedes the waterway from "flushing." This is causing a bottleneck and stagnant water. Bryan Flynn stated the DEP Hydrology Division is required to review and approve the flushing. He reported that a Flushing Study is being conducted on the East side of Bayshore. Darryl Richard distributed Haldeman Creek Restoration Project Feasibility Study. (See attached) Discussions continued. Bryan Flynn stated that the DEP wanted installation of Channel Markers (S Curve) to protect the mangroves and oyster bars. The possibility of a Homeowner permitted to piggy back off of the existing permit to dredge to the main canal was discussed. It was suggested that the Homeowner summit the following to DEP: • Haldeman Creek Feasibility Study • Survey • Sediment samples • Homeowner waiver for seawall to seawall Dredging as it can cause instability Roy Wilson noted that in the event that dredging for new dock installation on the East side of Bayshore encroaches on a dredged sector of Haldeman Creek, the Property Owner should be required to restore the area to the previous state. Bryan Flynn responded DEP issues Notice 30 days prior to issuance of Permit for Comments. He recommended contacting the Ft. Myers Office to request a hearing. Roy Wilson questioned the Haldeman Creek Ordinance concerning the inconsistency in the idle and slow speed zone signs. Bryan Flynn responded that he would contact FWC (Florida Fish and Wildlife Conservation Commission) for an answer. 2 161 1 1� It was questioned how an individual would know if the posted sign was owned by the County or FWC. Bryan Flynn responded that there is a Data Base that lists the location for the County and FWC. He will have Haldeman Creek added to the distribution list. Darryl Richard stated only 2 quotes have been received for replacing Channel Marker #13. Discussions ensued concerning Expense and Labor involved with the Marker replacement. Bryan Flynn suggested storing the material that was collected during the drilling of Channel Marker #13 for future DEP review. Discussions continued and it was agreed that rock removal would only benefit larger boats going to Royal Yacht. Tom Briscoe stated that Haldeman Creek is meant to be a "Creek' and should remain as such. Darryl Richard questioned if a Funding source is available. Bryan Flynn responded possibly the FWC FBIP (Florida Boater Improvement Program) which aids Public boater access. He is unsure if rock removal would fall under the guidelines. Vicki Tracy reported Haldeman Creek Maintenance Dredging MSTU is eligible for "four" Grants. Bryan Flynn recommended adding the MSTU to the FWC email list for FBIP. Vicki Tracy left 5:03 Break: 5:03 Reconvened. 5:08 V. Transportation Services Report A. Budget - Darryl Richard distributed. (See attached) Roy Wilson reviewed questions raised with Caroline Soto on the FY09 Proposed Budget Report. (See attached) Caroline Soto is researching. ➢ Program Funding Sources i. FY08 Adopted Ad Valorem Taxes $25,100 ii. FY08 Forecast Ad Valorem Taxes $14,100 iii. FY09 Proposed Ad Valorem Taxes $14,600 iv. Was the FY09 Proposed Ad Valorem Tax calculated at the .50 millage rate increase B. Project Manager's Report - Darryl Richard distributed and reviewed. (See attached) • (H -6) 5 Parcels add to the boundary of MSTU — Pending County Attorney review and preparing Executive Summary. • (H -7) Replacement of Channel Marker #13 —Distributed and reviewed 2 quotes. (See attached) 3 161 1 t13 Discussions ensued concerning required additional information on the hourly rates and "Note:" on the Naples Dock and Marine quote. It was agreed to obtain additional quotes. VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting - Tom Briscoe - None 2. Marine Patrol of Haldeman Creek Reported he is at an impasse. He was requested to compile and submit an address list of all derelict docks so they may be contacted by Code Enforcement. Recommended drafting a letter to Residents of Haldeman Creek MSTU concerning derelict docks & boats, trees and lawn waste going into the Canal Discussions ensued and it was noted that it is not the MSTU's responsibility to take pictures and report to Code Enforcement. It was agreed to appoint Tom Briscoe as the Working Group Leader. Darryl Richard will request a quote from Mancan for mailing the letter to the Haldeman Creek Residents. Roy Wilson recommended Tom Briscoe attend the Coastal Zone Management meeting to address the derelict boat issue. B. Joe Patton — Monitor / Interface with Naples MSTU on Technical Aspects of Dredging (to include) 1. Portion of HC inside Naples City boundary not in MSTU - None 2. Bedrock near Sandpiper— Previously discussed IV C. Vicki Tracy — Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) — Roy Wilson announced that he had asked Vicki Tracy to contact Windstar concerning Pine Trees that might fall into Haldeman Creek. Additionally - should the Board of County Commissioners approve the property additions. Vicki Tracy will devise and implement a plan to inform the Property Owners. D. Sharon King — Storm Water Runoff and Drain Maintenance — None E. Roy Wilson — Property Tax Valuation and MSTU Boundary — Previously discussed V. B. VII. New Business — None M �L VIII. Member Comments Discussion ensued concerning adjournment of meetings until fall. Joe Patton moved to adjourn (meetings) until October (9, 2008). Second by Tom Briscoe. Motion carried unanimously 3 -0. IX. Public Comments — None. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:51 PM. Haldeman Creek Maintenance Dredging MSTU Advisory Committee ; Iv4n Roy Wilsorl, Chairman These minutes a proved by the Committee on f (., 1 _ 0 as presented or amended Next meeting is scheduled October 9, 2008 at 3:00 p.m. YCaCdeman Creek5lWaintenance Dredging 9W.S. `I: v. Advisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 May 8, 2008 SUMMARY OF MINUTES & MOTIONS III. Approval of Agenda Add: IV. A. Bryan Flynn - PBS &J 1kib5 EC ED AUG 2 5 2009 80a111 Of County Commissioners Fiala Halas Henning Coyle Coletta Tom Briscoe moved to approve the Agenda as amended. Second by Roy Wilson. Motion carried unanimously 3- 0. IV. Approval of April 10, 2008 Minutes Change: VI. D. Pg 3, Paragraph 3 should read, in that we are not here to beautify the area but to "maintain the waterways. " Vll. A. Pg 4, Paragraph 4 should read Marker "13" Joe Patton moved to approve the April 10, 2008 Minutes as amended. Second by Tom Briscoe. Motion carried unanimously 3- 0. V. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 2. Marine Patrol of Haldeman Creek The recommendation was made to draft a letter to Residents of Haldeman Creek MSTU concerning derelict docks & boats, trees and lawn waste going into the Canal Darryl Richard will request a quote from Mancan for mailing the letter to the Haldeman Creek Residents. VI. Member Comments Discussion ensued concerning adjournment of meetings until fall. Joe Patton moved to adjourn (meetings) until October (9, 2008). Second by Tom Briscoe. Motion carried unanimously 3 -0. Marc. Cones: Date:--- .___.__ 161 Z OD 7.0 FLOODPLAIN MANAGEMENT PLAN B5. HALDEMAN CREEK BASIN Description The Haldeman Creek Basin is another small drainage area in the west and northwest portion of the District No. 6 Area. It is approximately 3 square miles in area and is bound by the Rock Creek Basin to the north, the Naples Bay estuary to the west, and the Lely Canal Basin -Main to the northeast and southeast. This basin is highly developed for residential and commercial use in accordance with the urban land use designation. Some of the existing developments include the completed Glades and Lakewood subdivisions, the Cricket Lake, Pinebrook Lakes, Winter Park, Largo Verde (Queens Park), Collier (Courthouse Shadows) and Kings Lake PUD's, the Collier County Government Center, the Town Center and Town Center South shopping plazas. There is also extensive commercial development along US-41 and Airport- Pulling Road. Historical Background 7 -20 Collier County Hazard Mitigation Plan April 15, 2005 The Haldeman Creek Basin was created by the constuction of residential developments as the Naples community began to expand eastward in the 60's and 70's. Haldeman Creek is a natural channel that has been dredged and altered years ago. A lack of maintenance has allowed the channel to become restricted by sediments southwesterly of US-41. Upstream of US-41, the channel depth was generally terminated when developers encountered a hard rock strata which results in a varying channel profile. Existing culverted road crossings of the channel take on many configurations. Description of Existing Facilities Although the area of this basin is small, there are approximately 3 miles of secondary canals and channels that have been constructed in accordance with the numerous residential and commercial developments. These discharge into the natural Haldeman Creek channel which discharges into Naples Bay. There is one County maintained water level control structure in Haldeman Creek at the US-41 crossing which functions as a salinity barrier. A second County maintained water level control structure is located near the Lakewood Country Club which is a part of the Lakewood subdivision. An earthen weir has also been constructed as a part of the Lake Kelly Outfall Ditch to prevent saltwater intrusion into the old Lake Kelly pit. This weir is also maintained by the County. Existing Condition/Capacity of Facilities The condition of the various facilities within this basin varies considerably depending on the age and location. Maintenance is performed by the Collier County Road Maintenance Department and/or the various homeowner associations of the residential developments. The maintenance primarily consists of the control and removal of aquatic vegetation when this becomes excessive and hinders the flow of stormwater through the system. Some sediment removal work is also done to return the channel to its approximate original cross section when excess sediment accumulations become a problem. Most of the water management facilities that have been constructed in accordance with the newer developments are sufficient to pass the design storm flows. The drainage facilities for the older developments, which often form the main canal connectors to Haldeman Creek, are generally of insufficient capacity. Additionally, the lower portion of Haldeman Creek has become restricted by excessive sediment deposition. 161 1 Q�t3 Proposed Improvements The County is in the midst of a design and permitting effort for removing sediments in the main Haldeman Creek channel downstream of US-41. It is anticipated that dredging operations will be contracted during 2005. B6. WINTER PARK OUTLET BASIN Description The Winter Park Outlet Basin is a very small drainage area in the west portion of the District No. 6 Area. It is approximately 0.3 square miles in area and is bound by the Rock Creek Basin to the north and west, and the Haldeman Creek Basin to the east and south. The Winter Park Outlet Basin discharges into the Haldeman Creek Basin but is considered a separate basin. This basin is highly developed for residential and commercial use in accordance with the urban land use designation. Some of the existing developments include a portion of the completed Glades subdivision, the Winter Park PUD, portions of the Collier County Government Center, and the Home Depot and Wal -Mart retail establishments_ Historical Background 7 -21 Collier County Hazard Mitigation Plan April 15, 2005 The Winter Park Outlet Basin is another drainage basin that was created by development activities. In similar fashion to the Haldeman Creek Basin, the Winter Park Outlet Basin channel is very small and shallow with older residences adjacent to it. This basin has seen newer development activities in the headwaters that incorporate modern stormwater design practices. Description of Existing Facilities Although the area of this basin is small, there is approximately 1 mile of secondary canal and channels that have been constructed in accordance with the various residential and commercial developments. There is one County maintained water level control structure at the point of basin discharge into Haldeman Creek a short distance upstream from US-41. Existing Condition /Capacity of Facilities The condition of the channels within this basin varies considerably depending on the age, location, and degree of involvement in maintenance by the developments and included golf course. Maintenance is performed by the Collier County Road Maintenance Department and /or the various homeowner associations of the residential developments. The maintenance primarily consists of the control and removal of aquatic vegetation when this becomes excessive and hinders the flow of stormwater through the system. Some sediment removal work is also done to return the channel to its approximate original cross section when excess sediment accumulations become a problem. Proposed Improvements There are no improvements planned within this basin at this time. 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V) O 0 0 O 0 d C) 0 U M LO N - N w Y N M F- — N aC w m c U O LL T O S m CD CD �Irl Q% ER 69 oO Oo 0 0Op O N O O ff, 69 69 69�6H�6F}INIIER H,I69Id416f}'ER 69IEAI69I6f,IW Uj U W O' J U' w w W2 0 UJ 00 a 0 z m W O U U W W Z Q H U) O d Z X� x Z J W T Z Z O x O W Z F-W ~ ?W Z ¢(7 -d) g gU O j�WF- W W�++OQZ'O�jI -F-W WW �WF-WZ ° _J W W ~(AN WwU) XMj aXU) XW �Q W <w2 zZ CDU' Z W WQ W W W W] (Dg 2UW Q o0 fnNH Z) F- > F- W W O F- W C- IX » 9 W W O UzzZa. ZI- 0 (n0 F- F- MMF- W WF- P ! P P P P P P P P Maffe�man CreekWaintenance Omdg ng 91.S.2: V Advisory Committee 2885 S. Horseshoe Drive RECEIVED Naples, FL 34104 AUG 2 5 2009 November 13, 2008 �31)ard ort.:� MINUTES I. Call Meeting to Order Meeting was called to order by Roy Wilson at 3:05 P.M. II. Attendance: Members: Roy Wilson, Tom Briscoe, Joe Patton, Sharon King, Vicki Tracy County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst, Michelle Arnold - Director ATM Others: Darlene Lafferty - Mancan III. Approval of Agenda Roy Wilson moved to approve the agenda as submitted. Second by Sharon King. Motion carried unanimously 4 0. IV. Approval of May 8, 2008 Minutes Joe Patton moved to approve the May 8, 2008 minutes as submitted. Second by Tom Briscoe. Motion carried unanimously 4 0. V. Transportation Services Report A. Budget - Caroline Soto distributed and reviewed. (See attached) ➢ An Amendment to the FY09 Ad Valorem Tax $64,700.00 Discussions ensued concerning the increase in Ad Valorem Tax (previous $25,100.00.) and concluded it was due to: i. The millage rate adjustment from .10 to .50 ii. The discrepancy on the Property Appraisers Taxable Value was corrected to include the addition of the 5 Parcels ➢ The final FY08 Carry Forward was anticipated to be completed by March 2009 It was questioned and confirmed that the Reserves Line Item in the amount of $47,900.00 would accrue Interest and be reported under Line Item 3. Vicki Tracy arrived at 3:18 Misc. Cares: 161 Fiala Halas Henning Coyle Coletta November 13, 2008 �31)ard ort.:� MINUTES I. Call Meeting to Order Meeting was called to order by Roy Wilson at 3:05 P.M. II. Attendance: Members: Roy Wilson, Tom Briscoe, Joe Patton, Sharon King, Vicki Tracy County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst, Michelle Arnold - Director ATM Others: Darlene Lafferty - Mancan III. Approval of Agenda Roy Wilson moved to approve the agenda as submitted. Second by Sharon King. Motion carried unanimously 4 0. IV. Approval of May 8, 2008 Minutes Joe Patton moved to approve the May 8, 2008 minutes as submitted. Second by Tom Briscoe. Motion carried unanimously 4 0. V. Transportation Services Report A. Budget - Caroline Soto distributed and reviewed. (See attached) ➢ An Amendment to the FY09 Ad Valorem Tax $64,700.00 Discussions ensued concerning the increase in Ad Valorem Tax (previous $25,100.00.) and concluded it was due to: i. The millage rate adjustment from .10 to .50 ii. The discrepancy on the Property Appraisers Taxable Value was corrected to include the addition of the 5 Parcels ➢ The final FY08 Carry Forward was anticipated to be completed by March 2009 It was questioned and confirmed that the Reserves Line Item in the amount of $47,900.00 would accrue Interest and be reported under Line Item 3. Vicki Tracy arrived at 3:18 Misc. Cares: 161 Discussions developed on the Budgeted amount for County Staff. l It was clarified that the $11,300.00 was a fixed amount and based on the number of meetings held during the Fiscal Year. Discussions continued and the Committee stated that during the Budgeting Process they were unclear that monies in the FY09 Budget were fixed and committed for specific Line Items with the exception of Mancan. The Committee perceived that additional monies would be saved by reducing the number of meetings during FY09 on an as needed basis. Darryl Richard reviewed the approval of Option B of the FY09 Budget from the March 13, 2008 meeting: ➢ Option B i. Meetings held Bi- Monthly (6 per year) ii. Transfer Fund 111 - $11,250.00 ➢ Millage Rate increase to. 50 B. Project Manager's Report - Darryl Richard distributed and reviewed. (See attached) • (H -6) 5 Parcels add to the boundary of MSTU — The Boundary expansion was approved by the BCC. The "Amended' Ordinance was distributed. (See attached) Discussions developed and the Committee perceived that the Ordinance change was a "Correction" as the exclusion of the 5 Parcels was an oversight. C. Review of MSTU Boundary Map — Darryl Richard distributed and reviewed the Municipal Service Taxing Unit Boundary Sketch which was based on the RWA Survey Discussions ensued and it was noted that Trees located on Windstar Property required clean up as they are on the verge of falling into Haldeman Creek. D. Member Terms and Expirations — Darryl Richard distributed and noted the expiration date for Sharon King should read 3- 29 -09. (See attached) Additionally the expiration date for Tom Briscoe was 3 -29 -09 and Sharon King and Tom Briscoe were required to reapply. The questioned was posed if Commercial Property Owners were permitted to serve on the Committee. Darryl Richard responded that he would inquire with the County Attorney. VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting - Tom Briscoe — Discussed under Vl. 2. 2. Marine Patrol of Haldeman Creek — Tom Briscoe expressed frustration that problems were being disregarded by various County Departments and no one would assume responsibility. Darryl Richard perceived the problems were Code Enforcement issues. 2 161 1 pi The Committee requested Staff to clarify with the BCC who was responsible to correct the problems (derelict boats and docks, and tree trimming along the waterways.) Discussions ensued concerning the Bayshore CRA and their ability to utilize County Departments and County Funds to monitor crime and the cleanup of derelict properties. Discussions continued and it was emphasized that there was a need to develop an Ordinance to designate which County Department(s) were responsible for enforcement over the Canal as it was State owned. It was perceived that the Citizens are being taxed without representation. It was suggested for Tom Briscoe to submit a letter as an independent Citizen to the County Manager and the Director of Code Enforcement to address the issues. Quality of Seawalls to Prevent Silting - Tom Briscoe — It was stated that the County was responsible to establish an Ordinance requiring stabilization of soil by Property owners. Roy Wilson reviewed the following to establish Seawalls: i. Development of an Ordinance — Submit a basic outline to the County Attorney to require a Seawall for stabilization ii. Grants were available - Bayshore CRA was offering "cash matching" Grants to install a Seawall Tom Briscoe moved to approve Staff contact the County Attorney's Office to propose an Ordinance to mandate Property Owners within Haldeman Creek MSTU to have stabilized banks to prevent erosion as per DEP. Second by Vicki Tracy. Motion carried unanimously 5-0. B. Joe Patton — Monitor / Interface with Naples MSTU on Aspects of Dredging (to include) 1. Portion of HC inside Naples City boundary not in MSTU - None 2. Bedrock near Sandpiper— None C. Vicki Tracy — Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) — Reported: » Grants — Criteria was met (99 %) for 1 Grant i. A Formal Report on the available Grant Loan would be provided by Connie Mack's office » Trees — Received cooperation from the Anteranium (Management) to maintain the Trees falling into the Creek It was questioned and stated that the available Grant amount was $50,000.00. D. Sharon King — Storm Water Runoff and Drain Maintenance — Distributed a 7.0 Floodplain Management Plan (Haldeman Basin and 3 16 1 Winter Park Outlet Basin) and the following was reported: (See attachment, 9 photos included) • Haldeman Creek original name was Haldeman River and was on a posted sign that remained on the Bridge (US -41) • Photo 1— Lake Sugden and Haldeman River i. Everything South of US-41 entered into Haldeman River ii. A Canal was not dredged and had a buildup of trash iii. No cleaning Facilities for Sediment or Silt installed o Photo 2 — Windstar i. Windstar Canal drained into the Haldeman River ii. No collection devices for Sediment, trash or debris installed • Photo 3 —Naples Airport /East and West of Airport Pulling Rd. i. Drained into Haldeman Creek ii. No collection devices installed • Only one location removed Silt • The Master Plan disputed claims that Storm Water Runoff and damage was primarily from Private Property Discussions developed and it was stated in the Master Plan Storm Water was responsible for: » A portion of Maintenance » All aquatic removal Discussions continued and the response was given that the MSTU was formed for navigable purposes not for drainage issues. Darryl Richard suggested the following: » Hydrology Map for the area to delineate existing Culverts for Haldeman Creek » The County was working on Watershed Maps and would be provided to the MSTU The suggestion was made to research Environmental Grants due to Water quality issues. Roy Wilson moved to approve (authorization for) Darryl Richard to obtain Storm Water Drainage, Culvert and Watershed Maps. Second by Vicki Tracy. Motion carried unanimously 5-0. Tom Briscoe left 5:17 p.m. E. Roy Wilson - 1. Property Tax Valuation and MSTU Boundary — Previously discussed under V. C. 2. Speed Zones -None VII. New Business A. Election of Officers — Vicki Tracy nominated Roy Wilson as Chairman With no other nominations Roy Wilson is Chairman Tom Briscoe nominated Vicki Tracy as Vice Chairman 4 With no other nominations Vicki Tracy is Vice Chairman 161 1 PD 0 It was noted that the term for the Chairman and Vice Chairman expired May 2009. VIII. Member Comments - None IX. Public Comments — None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:30 PM. Haldeman Creek Maintenance Dredging MSTU Advisory Committee Roy Wils n, Chairman These minutes approved by the Committee on as presented �_ or amended Next meeting is scheduled February 12, 2009 at 3:00 p.m. Collier County Transportation Bldg /East Conference Room 2885 S. Horseshoe Drive Naples, Fl. 34104 S Maf&man Creek9waintenance Dredging 9W.S.T V Aalvisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 November 13, 2008 SUMMARY OF MINUTES & MOTIONS 111. Approval of Agenda 1;6dEIVID�,3 AUG 2 52009 Board of Counly Commissioners Fiala Halas Henning Coyle Coletta Roy Wilson moved to approve the agenda as submitted. Second by Sharon King. Motion carried unanimously 4 0. IV. Approval of May 8, 2008 Minutes Joe Patton moved to approve the May 8, 2008 minutes as submitted. Second by Tom Briscoe. Motion carried unanimously 4- 0. VI. Old Business A. Tom Briscoe — Quality of Seawalls to Prevent Silting - Tom Briscoe — It was stated that the County was responsible to establish an Ordinance requiring stabilization of soil by Property owners. Roy Wilson reviewed the following to establish Seawalls: i. Development of an Ordinance — Submit a basic outline to the County Attorney to require a Seawall for stabilization ii. Grants were available - Bayshore CRA was offering "cash matching' Grants to install a Seawall Tom Briscoe moved to approve Staff contact the County Attorney's Office to propose an Ordinance to mandate Property Owners within Haldeman Creek MSTU to have stabilized banks to prevent erosion as per DEP. Second by Vicki Tracy. Motion carried unanimously 5-0. D. Sharon King — Storm Water Runoff and Drain Maintenance — Distributed a 7.0 Floodplain Management Plan (Haldeman Basin and Winter Park Outlet Basin) and the following was reported: (See attachment, 9 photos included) • Photo 1— Lake Sugden and Haldeman River i. Everything South of US-41 entered into Haldeman River ii. A Canal was not dredged and had a buildup of trash iii. No cleaning Facilities for Sediment or Silt installed • Photo 2 — Windstar Misc. Comes: i. Windstar Canal drained into the Haldeman River ii. No collection devices for Sediment, trash or d6 o Photo 3 — Naples Airport 1 East and West of Airport pul ng Rd. hem 16 1 i. Drained into Haldeman Creek ii. No collection devices installed o Only one location removed Silt o The Master Plan disputed claims that Storm Water Runoff and damage was primarily from Private Property Darryl Richard suggested the following: » Hydrology Map for the area to delineate existing Culverts for Haldeman Creek » The County was working on Watershed Maps and would be provided to the MSTU Roy Wilson moved to approve (authorization for) Darryl Richard to obtain Storm Water Drainage, Culvert and Watershed Maps. Second by Vicki Tracy. Motion carried unanimously 5-0. K 16I i �ji3 November 13, 2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Haldeman Creek MSTU Project Status Note: Meetings will resume with the New Fiscal Year! 07 -08: Pending Budget Report - State Leg. Changes (1-1 -7) On Hold - ACTIVE (POC - Darryl) - Replacement of Channel Mafker -s 6 and #13 2- 14 -08: Quote received for $2,400.00 (material) and $2,000.00 (mobilization). Mobilization cost may be waived upon confirmation of coordination with Coastal Management project. 4 -9 -08: Marker 46 to be repaired by Coastal Zone Mgmt. 4 -9 -08: Review of warranty pending per Committee request for marker # 13 5 -2 -08 : Received two quotes and two no quotes. (H -6) Completed (POC - Darryl) - 5 parcels add to the boundary of MSTU 1 -20 -08 - RLS sent to County Attorney - recommendation pending. 3 -3 -08: County Attorney recommendation to go before BCC. 3- 10 -08: item in Novus - to request to add 5 parcels to MSTU boundary. 6/2708 - BCC approved - Ordinance # 2008 -33 (H -4) COMPLETED (POC -- Darryl) - Discussion regarding the impact of certain proposed state tax initiatives centered around how they might restrict the MSTU's desire 161 1 h� to raise funds to perform surveys, test, and eventually dredging Roy Wilson volunteered to attend the meeting. 5- 16 -07: Next Haldeman Creek MSTU Meeting is scheduled for October 25, 2007 4:00 PM. 10- 25 -07: Committee voted on no meeting in November, but on December 13, 2007. 12 -6 -07: Committee Chairman — cancelled meeting in December and next meeting will be held January 10`", 2008. (H -3) COMPLETED -- Haldeman Creek Dredging Project 4- 26 -07: Committee met and Margarette Bishop updated committee The final report will be after June 1, 2007 when the project is finished. Margaret Bishop was requested to provide Committee the locations where the dredging did not meet the five feet below low mean water. 1- 21 -08: CD's of final report were distributed to committee members. (H -5) Complete (POC- Tessie) — Karen Beatty Resigned — 1 vacancy. 12- 14 -07- Applications received for committee to review and make a recommendation. 1- 21 -08: Committee recommended Sharon King. Memo sent to Sue Filson within the 41 deadline. 2- 12 -08: BCC Appoints Sharon King to Haldeman Creek Advisory Committee (H -2) Complete— Committee vote for meeting schedule 3 -29 -07 Joe Patton moved to have monthly meetings until May and then take off June, July, and August and start again in September. Second by Karen Beatty. Next meeting April 26, 2007. 4- 26 -07: Committee voted on not meeting until they have a budget in October 2006 for FY 07 -08. (H -1) COMPUTE — Committee vote for millage rate 3- 29 -07: Committee approved .1 mills that would generate $9,090 per fiscal year. N ORDINANCE NO. 200g. 33 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006 -60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. 161 1 013 WHEREAS, the Board of County Commissioners, on December 12, 2006, adopted Collier County Ordinance No. 2006 -60, creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (the "MSTU ") for the purpose of addressing dredging needs within the unit; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 2006 -60, TO EXPAND BOUNDARIES Exhibit "A" of Section Two of Collier County Ordinance No. 2006 -60 is hereby amended to increase the geographic boundary of the MSTU: See attached amended Exhibit "A" which is incorporated herein by reference. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "$wtion ", "article ", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY 7 i'1 In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds ari§ phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words Underlined are added; words S busk %mertgh are deleted 161 1 � SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .2q-rA day of V nl a 2008. DW1G T,E. BROCK, CLERK IB . ty Clerk sign wre oni * Approved as to form and legal sufficiency: �L� A c to eidi Ashton -Cicko Assistant County Attorney h:HFA\OrdlAn=dHaldemenCreekMST J BOARD OF COUNTY COhOAISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM G, tHAIRMAN This ordinance filed with the Swam" of State's _ o>Offi�V dy f �- °� and acknowledgement O thc` dcr filirt ra�ived �s of D 13 1 pSx.N C 2 Words Underlined are added; Words ShmeiE Pmegb are deleted. 161- -1 013 Amended Exhibit "A° The Haldeman Creek Dredging Municipal Service Taxine Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89 °22'57 "E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N.00 °23'57 "E. FOR 11.05 FEET; (2) THENCE N.51 036'02 "E. FOR 309.05 FEET; (3) THENCE N.64 °13'11 "E. FOR 80.05 FEET; (4) THENCE S.51 °36'02 "W. FOR 5.00 FEET; (5) THENCE S.38 °23'58 "E. FOR 404.47 FEET; (6) THENCE N.51 °36'02 "E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT -OF -WAY, S.38 °23'58 "E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23`36 "E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.50 049'31 "W. FOR 131.60 FEET; THENCE N.89 °35'01 "W. FOR 353.34 FEET; THENCE S.00 °00'20 "E. FOR 60.00 FEET; THENCE N.89 °41'20 "W. FOR 420.00 FEET; THENCE N.87 °26'59 "W. FOR 22.00 FEET; THENCE N.89 °56'20 "W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE N.00 °03'40 "E. FOR 128.12 FEET; THENCE S.89 °36'10"W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °03'40 "W. FOR 474.69 FEET; THENCE S.89 °52'50 "W. FOR 294,56 FEET; ALONG THE NORTH RIGHT -OF -WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S.89'5750"W. FOR 350.00 FEET; THENCE N.00 °00'00 "E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60 °16'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 °55'35 "E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60 °01'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 °55'35 "E. FOR 40.18 FEET, TO; THENCE S.89 °52'50 "W. FOR 100.00 FEET; THENCE S.00 °00'00 "E. FOR 89.89 FEET; THENCE S.89 °51'30 "W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT -OF - WAY OF BAYSHORE DRIVE, Words and afined are added; words S&u& we deleted. 161 1 M3 THENCE CONTINUE S.89 °51'30 "W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °00'00 "E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'55'13 "W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -OF -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; THENCE S.89'50'27 "W. FOR 1,215.98 FEET; THENCE S.55'35'14 "W. FOR 60.57 FEET; THENCE S.89'35'14 "W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12- 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATLINE FOR THE NEXT (3) CALLS; (1) THENCE N.00'13'07 "W. FOR 132.86 FEET; (2) THENCE S.89'35'11 "E. FOR 30.47 FEET; (3) THENCE N.00- 13'07 "W. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82- 00'10 "W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76'41'21 "W. FOR 164.00 FEET; (2) THENCE S.22- 49'49 "W. FOR 61.06 FEET; (3) THENCE 8.50'27'04 "W. FOR 101.55 FEET; (4) THENCE S.58'51'50'W. FOR 56.28 FEET; (5) THENCE N.84'40'34 "W. FOR 72.34 FEET; (6) THENCE S.76- 07'47 "W. FOR 113.00 FEET; (7) THENCE S.54'05'36"W. FOR 90.85 FEET; (8) THENCE S.25'09'38 "W. FOR 25.65 FEET; (9) THENCE S.17'03'56 "W. FOR 23.41 FEET; (10) THENCE S.11- 01'23 "E. FOR 55.54 FEET; (11) THENCE S.04- 20'38 "W. FOR 94.75 FEET; (12) THENCE S.32- 14'25 "W. FOR 159.05 FEET; (13) THENCE S.07- 38'14 "E. FOR 34.43 FEET; (14) THENCE S.35'32'27 "E. FOR 94.54 FEET; (15) THENCE S.03- 16'57 "W. FOR 292.24 FEET; (16) THENCE S.42- 37'09 "W. FOR 111.02 FEET; (17) THENCE S.20- 33'59 "W. FOR 99.26 FEET; (18) THENCE S.21- 22'23 "W. FOR 71.83 FEET; (19) THENCE S.52- 12'31"W. FOR 408.66 FEET; (20) THENCE S.62.28'1 M. FOR 230.33 FEET; (21) THENCE S.30'40'44"W. FOR 192.53 FEET; (22) THENCE S.17- 19'34 "W. FOR 219.43 FEET; (23) THENCE S.44'20'44"W. FOR 94.89 FEET; (24) THENCE S.58'45'28 "W. FOR 215.33 FEET; (25) THENCE S.05'21'48 "W. FOR 42.63 FEET; (26) THENCE S.06'5710"V11. FOR 376.44 FEET; (27) THENCE S_52'3849"W. FOR 245.54 FEET; (28) THENCE S.87'24'12 "W. FOR 105.57 FEET; (29) THENCE S-50'1 1'00'W. FOR 11.53 FEET; (30) THENCE S.11'39'26 "E. FOR 79.74 FEET; (31) THENCE N.67- 33'55 "E. FOR 13.98 FEET; (32) THENCE S.21'04'35 "E. FOR 104.77 FEET; (33) THENCE S.70'16'20 "E. FOR 48.32 FEET; (34) THENCE N.79'53'45 "E. FOR 98.25 FEET; (35) THENCE N.59- 11'08"E. FOR 124.42 FEET; (36) THENCE S.59'51'49 "E. FOR 22.11 FEET; (37) THENCE 8.06'34'37 "W. FOR 208.89 FEET; (38) THENCE S.61- 36'29"W. FOR 112.07 FEET; (39) THENCE S.89'30'13 "W. FOR 119.20 FEET; (40) THENCE S.51- 13'33'W. FOR 86.86 FEET; (41) THENCE S.35- 3X53 -W. FOR 84.64 FEET; (42) THENCE S.43'4T56 "W. FOR 135.55 FEET, TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO REIN THE WEST LINE OF TRACT B OF W INDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12 -15 Words underlined are added; Words Sigh are deleted. 16 I 1 Y+7I�r OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 °12'53 "W. FOR 203.32 FEET; THENCE N.00 °09'12 "W. FOR 643.41 FEET; THENCE CONTINUE N.00 °09'12 "W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14 °45'47 "E. FOR 199.17 FEET; THENCE N.00 °06'21 "E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 °43'42 "W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, N.89- 31'33 "E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00 °38'25 "W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89 °33'52 "E. FOR 1,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00 °33'08 "E. FOR 616.83 FEET; THENCE S.89 °32'43 "W. FOR 623.36 FEET; THENCE S.00 °35'47 "E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89 °32'43 "E. FOR 150.81 FEET; THENCE S.00 °35'07 "E. FOR 100.00 FEET; THENCE N.89 °1 9'24 "E. FOR 159.27 FEET; TO THE WEST RIGHT -OF -WAY LINE OF ARBUTUS DRIVE, THENCE S.00 °35'47 "E. FOR 882:88783.37 FEET; THENGS 7-:7°52'26 "W FOR 2636 .24 FE-C'-', THENGE N.00 ;HENGS Cf10 0I1 An C'CCT 1 THENCE e e O A COUNTY, TI i la= 77aS f 26'E. FGR 6984.32 -vcr Fc-c -EET r THENCE N.GWG�. THENCE N.89 °20'03 "E FOR 340.51 FEET: THENCE S.00 °40'49 "E FOR 37.20 FEET - THENCE N.89 °25'10 "E. FOR 19-80 FEET• THENCE N.00 °01'54 "E. FOR 1 FEET•TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE S.89 °59'03 "E. FOR 297.97 FEET; ALONG SAID RIGHT -0F -WAY LINE, THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 °59'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 006'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N. 00 °06'52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S_89 °59'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -0F -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 "5703 "E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE S.37 °24'59 "E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5 Words Underlined are added; Words Stmk Thmugl are deleted. 161 1 613 THENCE N.89 053'08 "E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00- 06'52"W. FOR 799.75 FEET; (2) THENCE N.89 °57'01 "E. FOR 44.86 FEET; (3) THENCE N.00 °06'20 "W. FOR 10.38 FEET; (4) THENCE S.64 °07'22 "E. FOR 45.88 FEET; (5) THENCE N.38 °09'22 "E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF -WAY OF U. S.41, (6) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'39 "E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT -OF -WAY, 8.38 "09'32"W. FOR 190.01 FEET; (8) THENCE S.51 °50'42 "E. FOR 89.71 FEET; (9) THENCE S.00 °53'09 "E. FOR 220.16 FEET; (10) THENCE N.88-53-51 -E. FOR 147.79 FEET; (11) THENCE N.01 °06'06 "W. FOR 100.00 FEET; (12) THENCE S.51-60-1 11"E. FOR 10.78 FEET; (13) THENCE N.01 °06'09"W. FOR 245.43 FEET; TO THE WESTERLY RIGHT- OF -WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'34 "E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT -OF -WAY, S.00" 42'52 "E. FOR 653.02 FEET; (16) THENCE S.89 °58'17 "W. FOR 4.98 FEET; (17) THENCE S.00 °42'52 "E. FOR 291.22 FEET; (18) THENCE N.89 °5657 "W. FOR 9.98 FEET; (19) THENCE S.00 °42'55 "E. FOR 672.72 FEET; THENCE N.89 °49'00 "E. FOR 145.13 FEET; THENCE S.00 °19'20 "E. FOR 30.00 FEET; THENCE N.89 °49'00 "E. FOR 450.63 FEET; THENCE N.00 °19'20 "W. FOR 30.00 FEET; THENCE N.89 °49'00 "E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11.822,890 11,679.881 SQUARE FEET OR 271.416 968.4 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS GEEING EAST. Words Underlined are added; Words fib* ate deleted. 161 l 91'' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -33 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to BCaarrcD, -o � County Commissioners Sy: Martha V a - r ; Deputy Cl r _ i DEC SOB ) RELIVED ORDINANCE NO. 2006- 60 161 1 �jb !il- ti' AN ORDINANCE CREATING THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR THE OFFICERS OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABUXff; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 9, 2006, the Board of County Commissioners was informed that upon the completion of the Haldeman Creek Dredging project that an involuntary Municipal Service Taxing Unit would be formed with an initial millage to be established not to exceed 3 mils to address any future dredging needs; and WHEREAS, the Board of County Commissioners, has determined that the creation of a municipal service taxing unit is the best method for implementing and funding future dredging requirements of the public waterway areas located therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200; Florida Statutes, and other applicable law. SECTION TWO. Creation of the Municipal Service Taxing Unit. There is hereby created and established the Haldeman Creek Dredging Municipal Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU' ' are as follows: See attached Exhibit "A" which is incorporated herein by refercncc " SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of providing maintenance dredging within . the MSTU as determined by the Advisory Committee. - The Maintenance Tasks shall include but not be limited to: A. Maintenance Dredging; B. Maintenance of navigational channel markers; 161 The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed 3 mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the some manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Creation of the Haldeman Creels Dredging Maintenance Advisory Committee, Appointment and Composition. A. There is hereby created and established the Haldeman Creek Dredging Maintenance Advisory Committee, hereinafter referred to as the "Committee." B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Terms of Otnoe of the Advisory Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shalt be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) Member shall be appointed for a term of four (4) years. 161 1 Oi3 Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (1) year, with eligibility for re- election. B. The presence of three (3) or more members shall constitute a quonun of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001 -55, as it may be amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in Carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1't of each year, meet with the County Manager or his designee and outline to the County Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1st of each year, the County Manager or his designee shall be 161 1 Ihi3 authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be preformed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. D. Attend all Committee meetings. SECTION ELEVEN, Review Process. This Advisory Committee shall be reviewed once ever four (4) years commencing 2006, in accordance with the procedures contained in Collier County Ordinance No. 2001 -55, as it may be amended, or its successor Ordinances. SECTION TWELVE, Conflict and Sevembility. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 161 I �Ji3 SSEcn0N TSIR' . Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article", or any other appropriate word. SECTION FOURTEEN. Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 12th day of December, 2006. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA UNY l ,i )ItQCI , LERK s By- Attest' dii FRANK HALAS, CHAIRMAN 5 Approved as to form and ufficiency: Scott R Teach, Assistant County Attorney This ordinance filed with th Secretary of fate's Of ' e the _2& day of DeQ. , and ocknowiedgement gf that filing received this s �day of V4�� �-- i 161 Exhib t "A" The Haldeman Creek Dredging Monici W Service Taxing Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 814, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89°22'57 "E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATUNES FOR THE NEXT (8) CALLS, (1) THENCE N.00 °23'5T'E. FOR 11.05 FEET; (2) THENCE N.51 °38'02"E. FOR 309.05 FEET; (3) THENCE N.64 °13 -1VE. FOR 80.05 FEET; (4) THENCE S.51'36'02"W. FOR 5.00 FEET; (5) THENCE S.38 °23'58"E. FOR 404.47 FEET; (6) THENCE N.51 °36'02"E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT -0F -WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT-OF-WAY, S.38 °23'58 "E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36"E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 023'36 "E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.50 °4V31'W. FOR 131.60 FEET; THENCE N.89 °3501"W. FOR 353.34 FEET; THENCE S.00 °0720 "E. FOR 60.00 FEET; THENCE N.89041'20"W. FOR 420.00 FEET; THENCE N.87'28'59"W. FOR 22.00 FEET; THENCE N.89°58'20'W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -OF- WAY OF DOMINION DRIVE, THENCE N.00 003'40 "E. FOR 128.12 FEET; THENCE S.89038'10"W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -OF - WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °03'40"W. FOR 474.69 FEET; THENCE S.89 °52'50"W. FOR 294.56 FEET; ALONG THE NORTH RIGHT -0F -WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN,PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S.8965750"W. FOR 350.00 FEET; THENCE N.00600'00"E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60 °16'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29OW35 "E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NOWTANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 80 °01'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29056'35 "E. FOR 40.18 FEET, TO; THENCE S.89 °5750"W. FOR 100.00 FEET; THENCE S.00 °00'00"E. FOR 89.89 FEET, THENCE S.89 °51'WW. FOR 700.00 FEET, TO A POINT ON THE EASTERLY RIGHT - OF -WAY OF BAYSHORE DRIVE, 161 1 r�13 THENCE CONTINUE S.89051'30"W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, S.00 "WW'E. FOR 469.63 FEET; TO A POINT OF CURVATURE, THENCE LEAVING SAID RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89OW2T' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'55'1 3'W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -0F -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; THENCE S.89 *W2TW. FOR 1,215.98 FEET; THENCE S.55'35'14"W. FOR 60.57 FEET; THENCE S.89'35'14"VV. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12 -15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATUNE FOR THE NEXT (3) CALLS; (1) THENCE N.00'13'07"W. FOR 132.86 FEET; (2) THENCE S.89'35'1 1 "E. FOR 30.47 FEET; (3) THENCE N.00'13'OTW. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82 "00'10"W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76041'21"W. FOR 164.00 FEET; (2) THENCE S.22'49'49"W. FOR 61.06 FEET; (3) THENCE S.50'2T04'W. FOR 101.55 FEET; (4) THENCE S.58'51'WW. FOR 56.28 FEET; (5) THENCE N.84040'34'W. FOR 72.34 FEET; (6) THENCE S.76'OT4TW. FOR 113.00 FEET; (7) THENCE S.54005'36"W. FOR 90.85 FEET; (8) THENCE 5.25.09 WW. FOR 25.65 FEET; (9) THENCE S.17.03'58'W. FOR 23.41 FEET; (10) THENCE S.11 "01'23 "E. FOR 55.54 FEET; (11) THENCE S.04'2U38"W. FOR 94.75 FEET; (12) THENCE S.32014125"W. FOR 159.05 FEET; (13) THENCE S.07 °38'14 "E. FOR 34.43 FEET; (14) THENCE S.35 °32'27'E. FOR 94.54 FEET; (15) THENCE S.0301 6'57-W. FOR 292.24 FEET; (16) THENCE S.4203T09"V1I. FOR 111.02 FEET; (17) THENCE S.20'33'59"VN. FOR 99.26 FEET; (18) THENCE S.21 '22'23"W. FOR 71.83 FEET; (19) THENCE S.52'12'31"W. FOR 408.66 FEET; (20) THENCE S.6202918W. FOR 230.33 FEET; (21) THENCE S.30'4U44"W. FOR 192.53 FEET; (22) THENCE S.17'19'34"W. FOR 219.43 FEET; (23) THENCE S.44'2O'44"W. FOR 94.69 FEET; (24) THENCE S.58045'28"W. FOR 215.33 FEET; (25) THENCE S.05'21'48"W. FOR 42.63 FEET; (26) THENCE S.06'59'19W. FOR 376.44 FEET; (27) THENCE S.52'38'49"W. FOR 245.54 FEET; (28) THENCE S.87'24'12'W. FOR 105.57 FEET; (29) THENCE S.50°1 1'00"W. FOR 11.53 FEET; (30) THENCE S.11'39'26 "E. FOR 79.74 FEET; (31) THENCE N.6703Y55"E. FOR 13.98 FEET; (32) THENCE S.21 '04'35"E. FOR 104.77 FEET; (33) THENCE S.70 016'20 "E. FOR 48.32 FEET; (34) THENCE N.79'5T45 "E. FOR 98.25 FEET; (35) THENCE N.59'1 1'08 "E. FOR 124.42 FEET; (36) THENCE S.59051'49"E. FOR 22.11 FEET; (37) THENCE S.06'34'3TW. FOR 208.89 FEET; (38) THENCE S.61 *352M. FOR 112.07 FEET; (39) THENCE S.89'30'1 3'W. FOR 119.20 FEET; (40) THENCE S.51 *1313"W. FOR 86.86 FEET; (41) THENCE S.3503Y53'1N. FOR 84.84 FEET; (42) THENCE S.4304756'W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT 161 1 V�i3 BOOK 14, PAGES 12 -15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 °12'53'1N. FOR 203.32 FEET; THENCE N.00 °0912'W. FOR 643.41 FEET; THENCE CONTINUE N.00OW12W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14 °45'47 "E. FOR 199.17 FEET; THENCE N.00 °06'21 "E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE N.00- 43'42"W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT- OF-WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, N.89 °31'33 "E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT -0F -WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00- W25-W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.W33'52"E. FOR 1,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00 °33'08 "E. FOR 616.83 FEET, THENCE S.89 °32'43"W. FOR 623.36 FEET; THENCE S.00 °35'47 "E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89 032'43 "E. FOR 150.81 FEET; THENCE S.00 °3607"E. FOR 100.00 FEET; THENCE N.89919'24 "E. FOR 159.27 FEET; TO THE WEST RIGHT -0F -WAY LINE OF ARBUTUS DRIVE, THENCE S.00 °3547"E. FOR 992.99 FEET; THENCE S.77- 52'26"W. FOR 255.21 FEET; THENCE N.00 °3647'W. FOR 994.00 FEET; THENCE S.8902413"W. FOR 20.00 FEET; THENCE N.00 °3647"W. FOR 50.05 FEET; THENCE S.89'32'41"W. FOR 40.00 FEET; TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. THENCE S.00OW47"E. FOR 1,068.59 FEET; THENCE N.77 °52'26 "E. FOR 684.32 FEET; THENCE N.00000'42"E. FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A POINT ALSO BEING ON THE SOUTH RIGHT -0F -WAY LINE OF BECCA AVENUE, THENCE S.89'590YS FOR 297.97 FEET; ALONG SAID RIGHT -0F -WAY LINE, THENCE LEAVING SAID RIGHT -OF -WAY, S.00-W52-E. FOR 252.07 FEET; THENCE N.89.5708 "E. FOR 60.00 FEET; THENCE N.00OW52"W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -0F - WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -0F -WAY, S.89 °5903 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, 8.00OW52"E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -0F - WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -0F -WAY, S.89- WO3"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °08'52 "E. FOR 252.07 FEET; THENCE N.89 °5708"E. FOR 60.00 FEET, THENCE N.00 *WS2'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S- 89'59'03 "E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE, THENCE 5.37 °24'59"E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -0F - WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA THENCE N.89'53W'E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC 16I 11 h3 RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00'06'52W. FOR 799.75 FEET; (2) THENCE N.89'5T01 "E. FOR 44.86 FEET; (3) THENCE N.00'06'20"W. FOR 10.38 FEET; (4) THENCE S.64'OT22"E. FOR 45.88 FEET; (5) THENCE N.38009'22"E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF - WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT -OF- -WAY, S.51 '50'39 "E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT -OF -WAY, S.38'09'32"W. FOR 190.01 FEET; (8) THENCE S.51'50'42"E. FOR 89.71 FEET; (9) THENCE S.00'53'09"E. FOR 220.16 FEET; (10) THENCE N.88-5311 'E. FOR 147.79 FEET; (11) THENCE N.01 '06'08"W. FOR 100.00 FEET; (12) THENCE S.51'50'11 "E. FOR 10.78 FEET; (13) THENCE N.01 '06'09'W. FOR 245.43 FEET; TO THE WESTERLY RIGHT - OF -WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT -OF- -WAY, S.51'50'34 "E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT -0F -WAY, S.00'42'52 "E. FOR 653.02 FEET; (16) THENCE S.89'S8'17'W. FOR 4.98 FEET; (17) THENCE S.00042'52 "E. FOR 291.22 FEET; (18) THENCE N.89'55'57"W. FOR 9.98 FEET; (19) THENCE S.00'42'55"E. FOR 672.72 FEET, THENCE N.89649'00"E. FOR 145.13 FEET; THENCE 8.00 °1920 "E. FOR 30.00 FEET; THENCE N.89'41='E. FOR 450.63 FEET; THENCE N.0001920"W. FOR 30.00 FEET; THENCE N.89'49'00"E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,678,801 SQUARE FEET OR 268.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. 16 I-MoRAMUM Date: December 29, 2006 To: Darryl Richard Project Manager - Transportation From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2006 -60 Enclosed please find one (1) copy of the document as referenced above, Agenda Item #8C, as approved by the Board of County Commissioners on Tuesday, December 12, 2006. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure 161 1 ihi3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2006 -60 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December 2006. DWIGHT E. BROCK , .> a.., Clerk of CouWW rt, ,�" ".Adhgl.erk 3 Ex- officio 'aparcl'-60 County Comb oners tw _.T y: Teresa D4l ard,^: Deputy Cl" ► '- �/ '/ / // / � % �1.. � ��� U) N M C � � Z O m E LL 0 Rf > = 0 Z a w 4 4j Q .� rn ,� o � 0 a y UL a ro O m E a Z V m V C O - CA a— U[ (� to .- O 0 N O fA N 0 IC) 0 0 a o 0 0 0 0 (Ili JCN (:3 151111 �o N U W cn �Cp J C (0 0 D O O u) Ito Co JO O O A O la O O Co p M N M a cn c+i i Elf 64 fA N ( t 16- W v* N ff! N V! o% d} w o% EC G O V fR 64 6-k N A wll fA Ul O O &0 O O 0 0 0 0 O O . m j i8 C', LO O O O O N v� i 43 6% O O Q N tR ff} N di fA �EH NlIN'iRINIfH !A W W LL co (A C) ;7 N -' W O O �� ��WNU aU F- op`��? 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Tom Briscoe 3/29/2009 Roy Wilson 3/29/2010 Larry Joe Paton 3/29/2010 Vicki Tracy 3/29/2011 Sharon King 3/13/2011 MaIdeman Creek9waintenanme Dmdging 5K.S.2: v. Advisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 RECEIVED February 26, 2009 AUG 2 5 2009 Board of county Commissioners MINUTES I. Call Meeting to Order Meeting was called to order by Roy Wilson at 3:00 P.M. A quorum was established. Fiala Halas Hennin Coyle Coletta If "- II. Attendance: Members: Roy Wilson, Tom Briscoe, Joe Patton, Sharon King (Excused), Vicki Tracy (Excused) County: Darryl Richard — MSTU Project Manager, Tessie Sillery — MSTU Operations Coordinator, Caroline Soto — Budget Analyst, Michelle Arnold — Director ATM, Salma Nabizad — Operations Coordinator Others: Sue Flynn — Mancan III. Approval of Agenda Add: V. C. Chairman Report Vl. A. March Budget Cycle FY 2010 Joe Patton moved to approve the Agenda as amended. Second by Tom Briscoe. Motion carried unanimously 3- 0. IV. Approval of November 13, 2008 Minutes Tom Briscoe moved to approve the November 13, 2008 minutes as submitted. Second by Joe Patton. Motion carried unanimously 3- 0. V. Transportation Services Report A. Budget — Caroline Soto distributed and reviewed the Fund 164 dated February 12, 2008. (See attached) • Ad Valorem Tax Collected - $46,344.16 • Operating Expense Available - $3,300.00 • Open Purchase Orders - $2,000.00 Roy Wilson stated the Committee Members agree the Monthly Budget Report does not furnish information needed to make managerial decisions. Discussion ensued on property values, ad valorem taxes and IpW; stream. A decision was made to have the Finance Department at the next meeting. Dste: !tern; 6 r 16 } % Roy Wilson asked what information was needed from the MSTU for the Finance Department to work up the budget. Staff will email the Committee the Budget Worksheet. Discussion continued on the budget, Budget Amendments and access to funds for non - budgeted items and it was determined funds could be transferred from the Reserve Account ($47,900) an interest bearing account. Roy Wilson requested Staff prepare a draft budget with the MSTU having 4- meetings a year. The Committee will review it at their next meeting in order to save having a second meeting to get the Committee approval on the budget. Darryl Richard stated the budget needs to be submitted by April 1, 2009. It was suggested changing the regular meeting of April 9, 2009 to March 26, 2009 at 3:00 pm. B. Project Manager's Report - Darryl Richard reported on the status for Coordinating for Maintenance for the Haldeman Creek MSTU area. (See email attached) • Storm Water does not have a regular maintenance schedule. • Storm Water is aware of budget restraints. • Storm Water is willing to collaborate and partner with MSTU on projects. • County does not have culvert maps or engineer drawings. • Darryl Richard will be point of contact for Committee Members if any problems or concerns. Roy Wilson asked if a Storm Water representative could meet with Tom Briscoe on site to evaluate the water quality. Staff will coordinate a meeting. Darryl Richard reported the County would not consider an Ordinance to mandate installation of any type of headwall because it would affect private property. Michelle Arnold recommended Staff procure a written response for the record. She has received contact information for County Deputies who patrol the canal and suggested inviting one of the Deputies to the next meeting. C. Chairman Report Roy Wilson reported he attended an East Naples Bay Advisory Board, City of Naples Meeting held on February 9- According to their original permit they are removing rock and dredging the Creek. The permit does not include an area 100 -150' west of Sandpiper Drive. The MSTU has never committed to removing rock from the Creek. The outcome of the permit and scope of work may affect future rock removal from the Creek in the MSTU area. He asked Staff if 2- 2 Committee Members could attend the next East Naples Bay Advisory 16 ��i3 Board Meeting. Michelle Arnold will research. VI. Old Business A. Tom Briscoe — Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting — None. 2. Marine Patrol of Haldeman Creek Tom Briscoe reported the following: • Met with Diane Flagg on January 20, 2009 regarding issues with Haldeman Creek. • Code Enforcement suggested contacting Environmental Protection regarding trees in the canal. From experience — Environmental Protection in not concerned with overhanging trees. • Marine Patrol ticketed and removed abandoned boat in canal by vacant property off of Beca Street. • Trees are in canal off of Bayview Street. • There are 4 X 4 posts in the canal off Poplar Street and are dangerous during low tide. Has been reported to Code Enforcement. • There is no Ordinance to enforce the old violations in the waterways. Discussion ensued on asking for support from the County to clean the canal and drafting an Ordinance that can be enforceable once it becomes a statute. Michelle Arnold asked what needs to be done. Tom Briscoe stated an Ordinance is needed to hold property owners responsible for the storm water drainage into the canal and a "Catch Basin" is needed for all the trash. He suggested the "Catch Basin" be located where the Bayshore Bridge goes over the Creek. Landscapers hired by the County and homeowners are using the canal to dump debris. Darryl Richards stated he would talk to the Contractors and inform them of standard procedures on the debris disposal. Discussion ensued if it was the MSTU responsibility to replace poles in the canal that are not embedded in bedrock and it was determined that no one is forcing the MSTU to replace them and the Committee decided not to take any action. B. Vicki Tracy — Implication of Florida Tax Acts, Taxing Rules, and Public information (including Plans to notify the 5 added Parcel Owners) Vicki Tracy was unable to attend the meeting and emailed her report to Staff and Committee Members. (See email attached) 3 16! 1 t C. Sharon King — Storm Water Runoff and Drain Maintenance None. D. Roy Wilson - 1. Property Tax Valuation and MSTU Boundary — None. 2. Speed Zones — Deputy will attend next meeting. VII. New Business A. March Budge Cycle FYI 2010 Tessie Sillery distributed Tom Briscoe's application for the vacant position on the Advisory Committee. Joe Patton moved to accept Tom Briscoe's application to be submitted to BCC for approval. Second by Roy Wilson. Motion carried unanimously 3 -0. Joe Patton moved for Budgeting purposes (the MSTU) Committee will hold 4- Meetings in the next fiscal year. Second by Tom Briscoe. Motion carried unanimously 3-0. Tom Briscoe moved to keep the current millage (rate) the same as related to the Budget (for Staff direction). Second by Roy Wilson. Motion carried unanimously 3-0. Staff will email the Proposed 2010 Budget to the Committee for review and were directed to call Darryl Richard with any concerns. Tom Briscoe moved to have Staff send a letter to Committee Members stating notice is required when Members cannot attend meetings. Second by Joe Patton. Motion carried unanimously 3 -0. Vlll. Member Comments - None IX. Public Comments — None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:00 PM. Haldeman Creek Maintenance Dredging MSTU Advisory Committee 4 16 42,7 Roy Wilson, Chairman These minutes approved by the Committee on 3- J L " 0 5l , as presented _ or amended Next meeting is scheduled March 26, 2009 at 3:00 p.m. CC Transportation Bldg /E Conference Room 2885 S. Horseshoe Drive Naples, FL 34104 I, O � O U > c c ti ELL P m a- a °o 0 � o O Q Q Q o z z z c a o0 0 0 � a n = o $ >a�� 0 0 0 0 0 0 o m � 9 n y4y m � D O r d O: W 0 o pppO C M O 5� O S p 8 o a S S N ui N xi nn rvhh h S S d r of r a° dz7c 0000�o� oq °052 0 °05252 M eTf N lr7�ii �S g N � O LL 000 O O O O 00 ° O °p 8 N° M m R! M my i hm r M 0 0 0 0 0 0 0 0 0 5g� S ° `• i O O O O O O O GN N N O O O 00 0 0 0 0 0 g 04 a m 000 00000 0 °O °0 4 S �"� d� rrY�i N o�aii �• do to Q n� i0 G 0 am' O O O O O O O �i O Ny 00 pQ p m r h w M N t lV ♦ h t Y O W J uj 2 W U W W O Wv) > ao W O w zr w �z� z cr x v, yg ad z �w � u Z p _ x Ix �OW 20 O LL �U W C UV- UF- _ Y LU U) W _ az W cn W r Q? OJ? 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W =i>: UCH F 1WL F -F-tWL >9 QQ2m�W Z��m4 Ww�ZzU' U' Z W W4 M LLIW> QwU' z!— IUW Q 0� wcc Z)WV > ~W W<Luoo!- Wamix »�a WWO U01- ()Zoi- 0WOI- 4- mmi -wix r N M Ip t0 00 Of O r N W O r N M r r r r r r r r r r N N N N 161 N 3 l6 m> °"m„ ®CO Q N O O ® r, O Lc) > -0 cc r C N O Q w � c� Q H T 0 0 C-4 to ' C �Y•O N U. O O LL 1A 4A � f�0 n M d0 N r r 0 I Y� 1� 161 1 0)3 Haldeman Creek Maintenance Dredcring M.S.T.U. Advisory Committee ATTENDANCE DATE I 3�-� '0 1 CONIN1111 -ITIE N1ENHIF:RS Roy Wilson Tom Briscoe Vicki Tracy Joe Patton COLLIFIR COUNTY S7FNFF Darryl Richard Tessie Sillery Caroline Soto Michelle Arnold OT1-(ERS 54v;e PUBLIC (Please Print Name) TIME U ( --:> - v 10Z SiL",IIIttUI -V 161 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE I. Call Meeting to Order II. Attendance June 24, 2009 AGENDA III. Approval of Agenda IV. Approval of Minutes — May 20, 2009 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard VI. Transportation Maintenance Report - CLM VIII. Landscape Architects Report A. Maintenance Report- JRL Design B. Phase 11 B. Project — McGee & Associates VIII. Community Redevelopment Agency IX. Code Enforcement Report — Weldon Walker X. Old Business A. Main Street Pedestrian Zoning — Darryl Richard B. Boundary Expansion - Darryl Richard XI. New Business A. Land Development Designs — Penny Phillippi XII. Public Comment XIII. Adjournment The next meeting is July 22, 2009 at 4:30 p.m. Immokalee Community Park 321 First Street South, Immokalee, FL I v Misc. Corres: Dabs: LO-9- 16 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE I. Call Meeting to Order JuIv 22, 2009 AGENDA 11. Attendance Ill. Approval of Agenda IV. Approval of Minutes — June 24, 2009 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard C. Pathways -David Buchheit VI. Transportation Maintenance Report - CLM VIII. Landscape Architects Report A. Maintenance Report- JRL Design VIII. Community Redevelopment Agency A. Update on RWA/LDI IX. Code Enforcement Report — Weldon Walker X. Old Business A. Main Street Pedestrian Zoning -Hwy29 and Loop Rd.— Darryl Richard XI. New Business A. Land Development Designs — Penny Phillippi XII. Public Comment XIII. Adjournment The next meeting is August 26, 2009 at 4:30 p.m. Immokalee Community Park 321 First Street South, Immokalee, FL 16 1 1 [MMOKALEE BEAUTIFICATION M.S.Tak. ADVISORY COMMITTEE H �. Hee nninni ng August 26, 2009 Coyle Coletta Aff- AUG 3 1 2009 AGENDA > {���1Ci +T• '�.�,� nff�1y (.,t�Irir511SSIUflC:1 S I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes — June 24, 2009 V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard C. Pathways -David Buchheit VI. Transportation Maintenance Report - CLM VIII. Landscape Architects Report A. Maintenance Report- JRL Design VIII. Community Redevelopment Agency A. Update on RWA/LDI IX. Code Enforcement Report — Weldon Walker X. Old Business A. Main Street Pedestrian Zoning -Hwy29 and Loop Rd.— Darryl Richard XI. New Business Msc. Coma: XII. Public Comment Dab: XIII. Adjournment %M t. The next meeting is September 23, 2009 at 4:30 p.m. Immokalee Community Park Mis 321 First Street South, M ` Immokalee, FL Oa . ---_ iter RECEIVED H Fiala _ 009 H Henning_ ADVISORY COMMITTEE May 20, 2009 Minutes .S.T.U. The meeting was called to order at 10:15 A.M. by Cherryle Thomas. A quorum was established. II. Attendance Members: William Deyo, Cherryle Thomas, Lucy Ortiz, Andrea Halman, Carrie Williams County: Darryl Richard —MSTU Project Manager, Caroline Soto — Budget Analyst, Michelle Arnold -ATM Director Others: Richard Tindell —JRL, Darlene Lafferty- Mancan III. Approval of Agenda Remove: Xl. A. Land Development Designs -Penny Phillippi William Deyo moved to approve the agenda as amended. Second by Carrie Williams. Motion carried unanimously 4 -0. IV. Approval of Minutes — April 22, 2009 Carrie Williams moved to approve the minutes as submitted. Second by Andrea Halman. Motion carried unanimously 4-0. V. Transportation Services Report A. Budget Report — Caroline Soto distributed and reviewed. (See attached) Ad Valorem Tax - $55,227.63 (Uncollected) Investment Interest is $14,403.57 higher than Budgeted Available Revenue Structure $64,211.06 may change based on Line Item 3 FDOT Reimbursement Lucy Ortiz arrived 10:21 a.m. It was clarified that the total monies available until September 30, 2009 is $9,000.00 (Line Item 36), $177,319.06 (Line Item 30), and $47,264.91 (Line Item 28.) B. Project Manager Report — Darryl Richard distributed and additional information given: (See attached) • (IMM -17) Request for Sign indicating "Welcome to Imm &": home of Edgerrin James" Darryl Richard announced the sign is outside the auth' the MSTU Ordinance per County Attorney. bn f 16111 Cherryle Thomas responded that Edgerrin James was happy with the idea. A letter from Edgerrin James was requested and will be submitted to the County Attorney for approval. • (IMM -12) State Road 29 Phase II Proiect -On Hold due to coordination is required as RWA concept differs from submitted plans • (IMM 11) Roadway Maintenance: BID #06 -4008 — Expires 9 -12 -10 The request was made for JRL to review the Maintenance Contract to ensure maintenance is conducted in accordance with the contract Discussions ensued concerning local contractors (street sweepers) that are unfamiliar with the Bid process. Darryl Richard requested contact information for the street sweeper company. (IMM -3) Boundary Expansion Proposal i. The Executive Summary will go before the BCC on June 23� for approval ii. Upon completion Staff will email the Executive Summary to the Committee Revised CLM Proposals were distributed (See attached) i. E1002496 Tree stump removal $2309.32 ii. E1002500 Installation of Lava Rock $2903.12 After much discussion it was concluded additional research was needed as better options are available (in lieu of lava rock.) Cherryle Thomas announced the Spanish Celebration of Culture is holding an event on September 9, 2009 and requested Main Street and all medians (from Roberts Ranch to Airport) are in good maintenance condition for the event. Discussion on the tree stump removal proposal was resumed. Staff and the Committee were in agreement to table the estimate until a later date. Darryl Richard reported that street sweeping is covered through Fund 111 and reported the following • Fund 111 street sweeping cost $1,296.36 for 4 times per month • County Wide Budget reductions by 25% • Requested supplemental funding by the MSTU for additional street sweeping for each Fiscal Year After much discussion it was concluded that additional sweeping was necessary and will be increased by two times per week during peak season (October through May.) 2 16 Discussion continued concerning Fund 111 and was decided it will be reviewed at future Immokalee MSTU meetings. It was concluded that additional street sweeping will be conducted: i. 2 street sweepings prior to the Spanish Celebration of Culture event ii. 2 sweepings after the event Carrie Williams moved to increase street sweeping two times per week until the end of FY09 and revisit at that point. Second by Lucy Ortiz. Motion carried unanimously 5 -0. VI. Transportation Maintenance Report — CLM - None VII. Landscape Architects Report A. Maintenance Report — JRL Design — Richard Tindell distributed the Landscape Architect Report and reported the following: (See attached) • Tree rim is not secured and is a trip hazard (photol ) • Various Median irrigation is turned off • Recommended repairing the irrigation system Darryl Richard requested irrigation solutions from JRL The following bulb outages were reported: ■ On Delaware by Handy's ■ On Boston by the Haitian Hotel ■ By the Seminole Casino ■ 2 new bulbs (pole 7 & 9) at Main Street Village Richard Tindell will contact the local representative to inquire on the delayed bulb delivery. It was noted that the Sheriff's department will send pertinent accident reports directly to the MSTU. Staff will provide the point of contact information (Transportation Department) to Cherryle Thomas. Richard Tindell continued • Issues at the Shop with Outdoor Dining (on 3rd St.) i. Trash receptacles are not provided by the shop ii. 2 empty flower boxes are being used for trash iii. It was confirmed that hot food is served at the location and receptacles are required Penny Phillippi will be advised of the issues as her Organization will be refurbishing the property. • The Pizza Shack empty planters are located in the sidewalk and are a trip hazard (photo 6) • Suggested future removal of Foxtail Palms along 1St St. that are outgrowing the concrete basin (photo 10) • Marked crosswalk by Seminole Casino is barely visible Staff will confirm if FDOT or the County is responsible for maintaining the crosswalk. 161 Richard Tindell reported the Streetscape concept for the central VVV medians are in conflict with McGee & Associates scheme. Carrie Williams moved to hold off on McGee & Associates bid before looking at the whole Project at this time. Second by Andrea Halman. Motion carried unanimously 5 -0. B. Phase II B Project — McGee & Associates Mike McGee - None VIII. Community Redevelopment Agency - None IX. Code Enforcement Report — Weldon Walker - None X. Old Business A. Main Street Pedestrian Zoning — Darryl Richard - None B. Boundary Expansion — Darryl Richard — Previously discussed V. B. C. CLM Proposal for Tree Stump removal - Previously discussed V. B. XI. New Business - None XII. Public Comment - None There being no further business to come before the Committee, the Meeting was adjourned by order of the Chair at 11:35 A.M. Immokalee Beautification MSTU Advisory Committee l'y'e Cherryle Ttwrnas, Chairman These minutes approved by the Committee on as presented or amended The next meeting is June 24, 2009 at 4:30 P.M. Immokalee Community Park 321 First Street South Immokalee, FL El 16 t 1 �jjq IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE May 20, 2009 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Remove: Xl. A. Land Development Designs -Penny Phillippi William Deyo moved to approve the agenda as amended. Second by Carrie Williams. Motion carried unanimously 4-0. IV. Approval of Minutes - April 22, 2009 Carrie Williams moved to approve the minutes as submitted. Second by Andrea Haman. Motion carried unanimously 4-0. V. Transportation Services Report B. Project Manager Report — Darryl Richard reported the following: • Street Sweeping is paid by Fund 111 -cost $1,296.36 (4 per month) • County Wide Budget reductions by 25% • Requested supplemental funding by the MSTU for additional street sweeping for each Fiscal Year After much discussion it was concluded that additional sweeping was necessary and will be increased by two times per week during peak season (October through May.) Carrie Williams moved to increase street sweeping two times per week until the end of FY09 and revisit at that point Second by Lucy Ortiz. Motion carried unanimously 5-0. VII. Landscape Architects Report A. Maintenance Report — JRL Design — Richard Tindell reported the Streetscape concept for the central medians are in conflict with McGee & Associates scheme. Carrie Williams moved to hold off on McGee & Associates bid before looking at the whole Project at this time. Second by Andrea Halman. Motion carried unanimously 5-0. 161 ESTIMATE E1002496 - -""Nu. Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • Naples, FL 34104 CUSTOMER NO. Office: (239) 643.6205 • Fax: (239) 643 -5012 E-mail: lnfb@commlandmaint.net BILLw County Dept of Transportation 3309 East Tamiacrri Trail ORIGINAL Naples, Fl. 33962 Acct: MSTU tnw mkalee IMMOKALEE MSTU- PER THE REQUEST OF DARRYL RICHARD - REVISED 04 -23-09 PER DARRYL _ 8 Supervisor tabor to dig up and remove three tree stumps and 59.42 475.36 back oiling holes. Triangie t2) Oak tree slumps and �isi Sire one Pine tree stump. Remove and dispose of dead Sabel Pal U, including rood ball, ai Triangle. 16 Regular labor to assist. 48.61 777.76 1 County Dumping Fees for materials removed from site. 300.00 300.00 4 Hourly Rate for Bobcat 873 including operator. 189.05 756.20 TOTAL THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • Naples, FL 34104 Office: (239) 643 -6205 • Fax: (239) 643 -5012 E -mail: InfoQcommlandmaint.net BILL Collier County Dept of Transportation 3301 East Tamiami Trail Naples, Fl. 33962 Acct: MSTU tmmakelee 161 ' ES E1002500 CUSTOMER NO. �0�1 IMMOKALEE MSTU - REVISED 04 -23-09 PER DARRYL RICHARD 8 Suuervisor labor to install ( mi*ty fight) small black lava rock the crown of thom reds at burnouts. 16 Regular labor to assist. 1 Reimbursement for 200 pounds of mighty fight small black rock materials purchased (cost + 50 %) Note: Material could be higher or lower depending on actual amount used. ' Vent- ication of actual quantity of material on project is required with actual material purchase ticketslrec ` s 59.421 475.36 bl� I 48.61 777.76 1,650.1111 1,650.00 TOTAL THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID JRL I G N LANDSCAPE ARCHITECTURE PLANNING DESIGN 405 5th AVENUE SOUTH SUITE 5 NAPLES, FLORIDA 239 -261 -4007 16! 1 yb t,� page 1 of 2 landscape architect's field report COPY TO: ® OWNER ❑ ARCHITECT ❑ ENGINEER ❑ CONSULTANT ® MSTU Committee PROJECT: Immokalee MSTU - PO# 4500105395 REPORT NUMBER: 8 CONTRACTOR: CLM JRL COMM No: 9003 Date: 4/22, 4/30 1 Weather: P Cloud Estimate % Complete: N/A Time: 1 2:00 pm Tem Ran e: 87 Schedule Conformance: As scheduled PRESENT: Darryl Richard, Mike McGee, CLM & Richard Tindell (groups vary) WORK IN PROGRESS: Contractor just completed scheduled maintenance OBSERVATIONS: General conditions - maintenance & irrigation review REVIEWS: Reviewed Maintenance Contract & prior reports REPORT: The consultant's report provides information to the County and the MSTU Board to help them make informed decisions and issue appropriate directives. Representative photos are submitted to make the report clearer and convey some information better. Prior to the MSTU meeting the Project Manager, Contractor and the Consultant reviewed field report #7 and submitted photos while on site. Questions were asked and answered. After the April MSTU meeting McGee & Tindell checked the tree grate rim scheduled for removal. Some of the soil around the rim was removed and no attachment lugs were found that are intended to secure the rim into the surrounding concrete. McGee will review the contract documents and report to the Board. (see photo 01) On April 30 a walk -about with the project manager and the contractor was performed to check the performance of the irrigation system and general conditions along 1 St, Main and "Triangle" areas at both the north and south limits of the maintenance area. Observations made just after weekly maintenance. Although much progress has been made, issues such as missing lamp components are awaiting delivery of materials. (see photo 02) The tour began at an outdoor cafe( ?). The only trash receptacles observed were those supplied and serviced by the county and they were overflowing. Clearly an attempt was being made to throw the trash away, perhaps the owner could be encouraged to provide more R� J.RL E S I G N LANDSCAPE ARCHITECTURE PLANNING DESIGN 405 51h AVENUE SOUTH SUITE 5 NAPLES, FLORIDA 239 -261 -4007 page 2 Of 2 receptacles. (see photos 03 & 04) I 01i At the same location and others, planters (without plants) extend into the sidewalk area, some collecting trash or providing a trip hazard and are unsightly. (see photo 06) Trip hazards requiring immediate attention are also in the sidewalk, curb and ramp locations. D. Richard will request repair from appropriate County departments. (see photos 07 & 08) All zones of the irrigation system were checked. The system is typical of an older site that has been modified over time and conditions. The hose emitter system in the median on main street is disintegrating and each repair seems to cause another leek. (see photo 05). Sections recently renovated by FDOT are without irrigation and zones with different water requirements are connected together. The palms along either side of 1 It Avenue are hand watered every other week for part of the year, Several median areas are routinely shut off. The condition of the controllers was reviewed. The reclaimed water main was located and Darryl is having the quality checked as a future source of right -of -way irrigation. Along 1 It Avenue removal of excess sand which is piled up around shrubs was discussed (see photo 09). Several palms along the side of the roads have outgrown the space provided for them and are in decline. (see photo 10 & 11) Several cross walk zone marking have worn away and need to be remarked or removed if the crossing is not authorized. Darryl to request from road department. Proposed Main Street master plan concept received & reviewed. Discussion with staff and phone conference with design team and CRA director in preparation for the May joint meeting 12 photos attached ACTION REQUIRED: Scheduled observation after May 20 joint meeting of MSTU & CRA. Continue to monitor services requested from other departments & assist as directed with Main Street design team. Reported by: Richard Tindell, asla, registered landscape architect LA767 + f , r 'i r , r yt tr T t4 � 4 }r� 4Y i E. 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CD 0: C-- CD Co C) G; CD C", 4A 4^ 69 fog 4A {ft 49 169 4W 40 -fog 169 4,9 --& K3 .4 N K) N - : — N A. b W — 00 -4 0) a 0) E -4 0 OD -.& -06 Ul T __v CO C) --& -A t-,) jb� CA) w C,D m 04 m 9 " 0 0 4, — — w W T C) 0) 0 iD (D 6 4m 1 6 1 O io IC) iD I a iD I C.) W O 0 I O O 10 i-1) 1 K3 I 1c) ) I ic "n CD " ma 40 C:o cc 16, 1 ot� Report Date: May 20, 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 Immokalee MSTU Project Status (IMM -17) – COMPLETE- Request for Sign indicating "Welcome to Immokalee home of Edgerrin James" for motorist who are traveling to Immokalee 4- 22 -09: Request for Legal Services regarding this project item is pending. Staff request clarification as to both `authorization' for MSTU Committee to install proposed sign per Ordinance and also whether written consent needs to be obtained from Edgerrin James prior to the expenditure and installation of the sign. 5- 11 -09: County Legal advises that installation of the proposed sign is not within the authorization per "MSTU ordinance" (Ord. No. 92 -40) (IMM -16) – ACTIVE- Request for Sign indicating "Miles ahead" to Immokalee for motorist who are traveling to Immokalee 4- 22 -09: Quote obtained from Traffic Operations for 2 signs to be installed by Traffic Operations. The cost per sign for a two -post sign installation for the attached design is as follows: Labor $60.00 +Posts $60.00 +Sign $67.50 =Total $187.50 5- 20 -09: Traffic Operations coordinating with MSTU Liaison Staff on sign locations. (IMM -15) – ACTIVE - ONGOING –Work Order for JRL; Landscape Architectural Services Fixed Term Dated: September 23,2008; (RFPBID # 08- 5060); TOTAL FEE: $19,676.00 (TME) 11- 19 -08: Committee directed staff to obtain scope of services for JRL annual services 3- 10 -09: Notice to Proceed Sent to JRL for maintenance consulting (IMM -14) – ACTIVE- —McGee & Associates – TREE SCAPE PLANTINGS (ROW SIDES) Immokalee Phase IV Lighting Project; Work Order TLO -MA- 3614- 05 -17; PO 4500100243 1- 28 -09: $26,715.62 remains in contract. McGee request confirmation of Committee intention regarding installation of Street Tree Plantings. Confirmation of FDOT review /approval of street tree plantings pending. (IMM -12) – ON HOLD –McGee & Associates – State Road 29 Phase II Project; Work Order TLO- MA- 3614- 07 -05; PO 4500100244 1- 28 -09: Project 30% Submittal provided to Staff for review; Project is under review by Collier County Transportation Staff and FDOT Staff. 3- 25 -09: Comments from FDOT Pending for project. 4- 22 -09: Plan review for FDOT is `per agreement' being performed by Collier County Transportation Engineering; Eugene Calvert, P.E. is reviewing project plans. Comments/Plan review report pending. 5 -6 -09: Stop Work Order issued to McGee & Associates on Project due to deficiencies found in plan review and concurrent project goals of Immokalee MSTU Committee related to CRA Design Proposals (re: RWA/LDI Concept review) (IMM -11) – ACTIVE - ONGOING – Roadway Maintenance: BID #06 -4008 -- expires: 9 -12 -10 "Immokalee Beautification M.S.T.U. /M.S.T.D. Roadway Grounds Maintenance "; Commercial Land Maintenance Contract 1- 28 -09; Contract is ongoing; Contract Expires on 9 -12 -10 (IMM -3) ACTIVE – Immokalee MSTU expanding their boundaries; Immokalee MSTU: Boundary Expansion Proposal 4- 14 -09: BCC approved Executive Summary directing staff to bring back a `Revised Ordinance' for expansion of boundary. 5- 18 -09: Staff surveyor Dean Davis preparation of survey description (confirmation of expansion boundary) completed. 5- 19 -09: County Legal advises June 23 BCC Meeting for Executive Summary. 16 G 1P'1 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE June 24, 2009 Minutes I. The meeting was called to order at 4:35 P.M. by Cherryle Thomas. A quorum was established. 11. Attendance Members: William Deyo, Cherryle Thomas, Lucy Ortiz, Andrea Halman, Carrie Williams County: Darryl Richard —MSTU Project Manager, Tessie Sillery- Operations Coordinator, Caroline Soto— Budget Analyst Others: Richard Tindell —JRL, Bradley Muckel -CRA, Fred Thomas -CRA, Darlene Lafferty - Mancan III. Approval of Agenda Remove: VIII. B. Phase 118. Project -McGee & Associates Carrie Williams moved to approve the agenda as amended. Second by William Deyo. Motion carried unanimously 5-0. IV. Approval of Minutes — May 20, 2009 Lucy Ortiz moved to approve the minutes as submitted. Second by Andrea Halman. Motion carried unanimously 5-0. V. Transportation Services Report A. Budget Report — Caroline Soto distributed and reviewed. (See attached) Collected Ad Valorem Tax $284,719.34 Available Revenue Structure $91,383.17 Available Improvements General $177,319.06 The following was noted: • Fund 162 Line Item 4- $300,000.00 was received from FDOT for cost sharing of Phase II Lighting Project • Fund 111 Budget Report was provided for informational purposes » Other Contractual - remaining for Maintenance Items is an open P.O. in the amount of $95,404.61 » Available Other Contractual - $22,259.10 (Uncommitted) B. Project Manager Report — Darryl Richard distributed and additional information given: (See attached) • (IMM -17) Request for Siqn indicating "Welcome to Immokalee home of Edgerrin James" 16 i 1 b14 Darryl Richard announced approval for the sign was received from Edgerrin James. (See attached) However the sign is outside the authorization of the MSTU Ordinance per County Attorney and the suggestion was made to partner with the CRA for installation and beautification of the signs. After much discussion the Committee and CRA were in agreement for the following responsibilities: o CRA- installation of the signs in the ROW (Expanded Boundary) o Immokalee MSTU » Sign verbiage » Beautification to include landscaping and possible lighting Carrie Williams moved to partner with the CRA for signs reading Home of Edgerrin James. Second by Lucy Ortiz. Motion carried unanimously 5-0. (IMM -11) Roadway Maintenance: BID #06 -4008 — Expires 9 -12 -10 » Draft Contract will be emailed to the Committee » Contract changes include — 5 year minimum experience reduced to "3 years" — Subcontractors may be utilized for pesticide application — Arborist services may be sublet » Granting Local Contractor preference will be confirmed with the Purchasing Department VI. Transportation Maintenance Report — CLM Jim Fritchey reported: ➢ Routine Maintenance is being performed ➢ Bougainvillea were sprayed for caterpillars ➢ Street sweeping is ongoing ➢ Accidents in Medians » (1) Main Street » (2) 1 st Street ➢ Irrigation problems at the Triangle area -the controller was inadvertently switched off Cherryle Thomas reported sprinklers have been on for 3 days on the SE corner of 7th Street and Main Street Jim Fritchey will assess the irrigation. Inoperable median blue lights on 5th 7 t and 91h Street were reported. Darryl Richard replied Traffic Ops has been notified. Additionally parts for blue poles are on order from the factory (Canada) and may have a delivery time of six months. After much discussion it was requested for JRL to search for pole replacement parts. Jim Fritchey continued. ➢ Mulch is needed K Darryl Richard will forward the open P.O available for mulch. 161 1 �[A to CLM as there is $2,400.00 0 VII. Landscape Architects Report A. Maintenance Report — JRL Design — Richard Tindell distributed the Landscape Architect Report and reported the following: (See attached) • Drip hose (center median on Main St.) requires replacement • (Photo 1) Missing grate is a trip hazard • (Photo 2) Vehicle damage to Crown of Thom • (Photo 3) Center median requires plantings due FDOT Project • (Photo 4) Street Sweeper is unable to access the road due FDOT barricade • (Photo 6) FDOT ramp (4 inch pipe) is unable to carry the volume of water which created a dam effect Frustration was expressed by the Committee concerning the FDOT Crosswalk Project as it is perceived as unsightly and public input was not solicited. Richard Tindell continued • (Photo 10) Tree removal reported November 2008 - incomplete Jim Fritchey will recreate an estimate for the tree removal. • (Photo 11) One transplanted Palm Tree is dead • (Photo 12) Possible underground blockage (New Market) as water is not flowing and the grates are clean • Suggested: » Additional detail for irrigation fixes prior to dry season » Center median irrigation and plantings to coordinate with the CRA Project Carrie Williams moved to direct JRL to provide an irrigation plan for Main Street and 10 Street (comprised) of an interim irrigation plan and an extensive irrigation plan. Second by Andrea Halman. Motion carried unanimously 5-0. VIII. Community Redevelopment Agency It was reported the CRA Master Plan will be approved by the BCC in January 2011. After much discussion on the FDOT Workshop on SR29 (June 23, 2009) it was recommended to visit the FDOT website to submit public comments. Carrie Williams left 5:32 P.M. IX. Code Enforcement Report — Weldon Walker — None Discussion ensued concerning lighted Bus Stop enclosures donated by the Seminole Tribe. It was concluded approval is required from a Certified Engineer prior to installation. X. Old Business A. Main Street Pedestrian Zoning — Darryl Richard - None 161 B. Boundary Expansion — Darryl Richard — Previously discussed V. B. XI. New Business - None XII. Public Comment Lucy Ortiz announced she has received emails from a County employee who ascertains locations for sidewalk installation. She advised him a Survey was conducted. Darryl Richard suggested contacting David Buchheit- Transportation (239) 252 -8192. He will request David Buchheit attend the July 22, 2009 meeting. There being no further business to come before the Committee, the Meeting was adjourned by order of the Chair at 5:45 P.M. Immokalee Beautification MSTU Advisory Committee Cherryle T as, Chairman These minutes apRroved by the Committee on as presented or amended The next meeting is July 22, 2009 at 4:30 P.M. Immokalee Community Park 321 First Street South Immokalee, FL 4 16 IMMOKALEE BEAUTIFICATION M.S.11, -Va ,� EIVED ADVISORY COMMITTEE June 24, 2009 Ai SUMMARY OF MINUTES AND MOTIONS Approval of Agenda Remove: V1I1. B. Phase 11 B. Project -McGee & Associates Halas Hennin Coyle Coletta Carrie Williams moved to approve the agenda as amended. Second by William Deyo. Motion carried unanimously 5-0. IV. Approval of Minutes — May 20, 2009 Lucy Ortiz moved to approve the minutes as submitted. Second by Andrea Halman. Motion carried unanimously 5-0. V. Transportation Services Report B. Project Manager Report — Darryl Richard • (IMM -17) Request for Sign indicating 'Welcome to Immokalee home of Edgerrin James" Darryl Richard announced approval for the sign was received from Edgerrin James. (See attached) The suggestion was made to partner with the CRA for installation and beautification of the signs. After much discussion the Committee and CRA were in agreement for the following responsibilities: o CRA- installation of the signs in the ROW (Expanded Boundary) o Immokalee MSTU » Sign verbiage » Beautification to include landscaping and possible lighting Carrie Williams moved to partner with the CRA for signs reading Home of Edgen in James. Second by Lucy Ortiz. Motion carried unanimously 5-0. VII. Landscape Architects Report A. Maintenance Report — JRL Design — Richard Tindell made the following recommendations: » Additional detail for irrigation fixes prior to dry season Center median irrigation and plantings to coordinate with the CRA Project Carrie Williams moved to direct JRL to provide an irrigation plan for Main Street and 1st Street (comprised) of an interim lriti6� plan and an extensive irrigation plan. Second by Andrealwlman. 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[7 I* 16 1 Report Date: June 24, 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 Immokalee MSTU Project Status (IMM -17) – ACTIVE- Request for Sign indicating "Welcome to Immokalee home of Edgerrin James" for motorist who are traveling to Immokalee 4- 22 -09: Request for Legal Services regarding this project item is pending. Staff request clarification as to both `authorization' for MSTU Committee to install proposed sign per Ordinance and also whether written consent needs to be obtained from Edgerrin James prior to the expenditure and installation of the sign. 5- 11 -09: County Legal advises that installation of the proposed sign is not within the authorization per "MSTU ordinance" (Ord. No. 92 -40) 6 -9 -09: Fax received from Pierre Rutledge on behalf of Edgerrin James regarding approval of installation of signs. Staff advises Committee pursue alternative means for sign installation i.e. other Civic Groups (CRA, Civic Association, etc.) as the MSTU Ordinance does not `authorize' MSTU to install the signs. (IMM -16) – ACTIVE- Request for Sign indicating "Miles ahead" to Immokalee for motorist who are traveling to Immokalee 4- 22 -09: Quote obtained from Traffic Operations for 2 signs to be installed by Traffic Operations. The cost per sign for a two -post sign installation for the attached design is as follows: Labor $60.00 +Posts $60.00 +Sign $67.50 =Total $187.50 5- 20 -09: Traffic Operations coordinating with MSTU Liaison Staff on sign locations. 6- 24 -09: Confirmation of sign locations pending. (IMM -15) – ACTIVE - ONGOING –Work Order for JRL; Landscape Architectural Services Fixed Term Dated: September 23, 2008; (RFP /BID # 08- 5060); TOTAL FEE: $ 19,676.00 (TME) I 1- 19 -08: Committee directed staff to obtain scope of services for JRL annual services 3- 10 -09: Notice to Proceed Sent to JRL for maintenance consulting (IMM -14) – ACTIVE- —McGee & Associates – TREE SCAPE PLANTINGS (ROW SIDES) 1- 28 -09: $26,715.62 remains in contract. McGee request confirmation of Committee intention regarding installation of Street Tree Plantings. Confirmation of FDOT review /approval of street tree plantings pending. (IMM -12) – ON HOLD –McGee & Associates – State Road 29 Phase II Project; Work Order TLO- MA- 3614- 07 -05; PO 4500100244 5- 20 -09: Immokalee MSTU Committee made motion to "hold off' on the project. (IMM -11) – ACTIVE - ONGOING – Roadway Maintenance: BID #06 -4008 -- expires: 9 -12 -10 "Immokalee Beautification M.S.T.U. /M.S.T.D. Roadway Grounds Maintenance "; Commercial Land Maintenance Contract 1- 28 -09; Contract is ongoing; Contract Expires on 9 -12 -10 6- 10 -09: JRL red -line of maintenance contract received. 6- 24 -09: Staff reviewing contract language in coordination with Purchasing Dept. (IMM -3) ACTIVE – Immokalee MSTU expanding their boundaries; Immokalee MSTU: Boundary Expansion Proposal 4- 14 -09: BCC approved Executive Summary directing staff to bring back a `Revised Ordinance' for expansion of boundary. 5- 18 -09: Staff surveyor Dean Davis preparation of survey description (confirmation of expansion boundary) completed. 5- 19 -09: County Legal advises June 23 BCC Meeting for Executive Summary. 6- 24 -09: Item has been re- scheduled for July 28 BCC meeting due to survey data requiring revision and confirmation. 161 l �t Tuesday, June 09, 20091:56 PM Rutledge 305- 751 -8108 P'02 June 9, 2009 Darryl Richard Project Manager Landscape 2885 Horseshoe Drive, South Naples, FL 34104 t, Edgerrin T. James, give permission to continue the discussion in reference to erecting a community sign stating "This Is The Home Of Edgerrin .lames" in my honor. It is an honor to be considered for this. if you have any further questions or concerns please contact my representative, Mr. Pierre Rutledge at 305 - 519 -6484 or via email at wtlatif50aol.com. Thanks I advance, Edgerrin T. James 16t IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE July 22, 2009 Minutes I. The meeting was called to order at 4:44 P.M. by Cherryle Thomas. No quorum was established. I1. Attendance Members: William Deyo, Cherryle Thomas, Lucy Ortiz (Excused), Andrea Halman (Excused), Carrie Williams (Absent) County: Darryl Richard —MSTU Project Manager, Tessie Sillery- Operations Coordinator Others: John Ribes —JRL, Jim Fritchey -CLM, Darlene Lafferty- Mancan III. Meeting was adjourned. The next meeting is August 26, 2009 at 4:30 P.M. Immokalee Community Park 321 First Street South Immokalee, FL 1 CRA Governine Board -� ' IMM KALEE CRA :' f E[) Community Redevelopment Agency i The Place to Call Home! a(�19 i,ommissioners EZONE MEETING AGENDA State Enterprise Zone Development Agency gala$ Henning Coyle Coletta Commissioner James N. Coletta Chair July 15, 2009 - 9:30 to 9:45 AM Commissioner Tom Henning i Career and Service Center of Collier County - Immokalee 750 South 5" Street Commissioner Donna Fiala Immokalee, Florida 34142 Commissioner I A. Call to Order. Fred W. Coyle B. Roll Call and Announcement of Ouorum. Commissioner Frank Halas nda. C. Adoption of Agenda. State Enterprise Zone D. Communications. DevelopmentAtgencv Board tEZDAI E. Consent Agenda. Fred N. Thomas, Jr. Chairman a. Approval of Minutes. Edward "Ski' olesky i. Regular Meeting — June 17, 2009 (Enclosure 1) Michael Facundo b. Enterprise Zone Reports. Capt. Tom Davis i. Enterprise Zone Activities Monthly Report (Enclosure 2) Robert Halman ii. Enterprise Zone Quarterly Worksheet (Enclosure 3) Ex -officio F. Old Business. Julio Estremera a. Seminole Gaming Compact — No Update Kitchell Snow G. New Business. Floyd Crews H. Citizen Comments. Ana Salazar 1. Next Meeting. August 19, 2009 at 9:30 A.M. Richard Rice J. Adiournment. Jaynes Wall Rick Heers Eva Deyo CRA Statl Penny Phillippi Executive Director 239.252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 Misc. Corres: Date:_ t item : CRA Governin¢ Board Commissioner James N. Coletta Chair Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner Frank Halas State Enterprise Zone Development Aeencv Board (EZDA) Fred N. Thomas, Jr. Chairman Edward "Ski" Olesky Michael Facundo Capt. Tom Davis Robert Halman Ex- officio Julio Estremera Kitchell Snow Floyd Crews Ana Salazar Richard Rice James Wall Rick Heers Eva Deyo CRA Sta [f Penny Phillippi Executive Director 239.252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 IMMOKALEE CRA RECEI ED-nmunity Redevelopment Agency AUG 3 1 2009 i The Place to Call Home! i3:;Fard pr Gounly Gommissloner3 EZONE MEETING AGENDA State Enterprise Zone Development Agency August 19, 2009 - 9:30 to 9:45 AM Career and Service Center of Collier County - Immokalee 750 South 5`" Street Immokalee, Florida 34142 16i Fiala Halas Henni Coyle Coletl A. Call to Order. B. Roll Call and Announcement of Quorum. C. Adoption of Agenda. D. Communications. E. Consent Agenda. a. Approval of Minutes. i. Regular Meeting— July 15, 2009 (Enclosure]) b. Enterprise Zone Reports. i. Enterprise Zone Activities Monthly Report (Enclosure 2) F. Old Business. G. New Business. a. Immokalee Enterprise Zone money in July i. Lennar ii. Milagro iii. Habitat for Humanity H. Citizen Comments. I. Next Meeting, September 16, 2009 at 9:30 A.M. J. Adjournment. Misc. Corres: Date: Item IMMOKALEE CRA Community Redevelopment Agency i The Place to Call Home! MINUTES Enterprise Zone Development Agency June 17, 2009 161 Enclosure 1 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:30 A.M. B. Roll Call and Announcement of a Ouorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow, Julio Estremera, , Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Eva Deyo and Captain Tom Davis. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Richard Rice, Carrie Williams, Estil Null, Floyd Crews, Rev. Jean Paul and Pam Brown. IMPVC Members Absent/Excused: Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Valarie Pike, Paula McMichael, Noe Leel, Jeffery Randall, Scott Birge, Don reese, Jeff Sebasty and Brain Blocker. Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt. C. Adoption of the Agenda. Action: Mr. Heers moved to adopt the Agenda, Mr. Snow seconded the motion and the Agenda was approved by unanimous vote. D. Communications. E. Consent A egenda. 1. Approval of Minutes of May 20, 2009. 2. Approval of the Enterprise Zone Reports. a. Enterprise Zone Monthly Activities Report Action: Mr. Heers moved to adopt the Consent Agenda, Mr. Snow seconded the motion and the Consent Agenda was approved by unanimous vote. G. Old Business. 1. Seminole Indian Class III Gaming Compact with State of Florida Mr. Thomas provided an update on the status of the compact in the Florida Legislature. H. New Business. I. Citizen Comments. J. Next Meeting; Date. July 15, 2009 at 10:30 A.M. K. Adjournment. This meeting was adjourned at 10:35 A.M. IMMOKALEE CRA Community Redevelopment Agency IThe Place to Call Home! MINUTES Enterprise Zone Development Agency July 15, 2009 16 Enclosure A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:38 A.M. B. Roll Call and Announcement of a Quorum Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Eva Deyo, Kitchell Snow, Cahief Tom Davis, Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Julio Estremera, Ana Salazar and Richard Rice. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Carrie Williams, Floyd Crews and Rev. Jean Paul. IMPVC Members Absent/Excused: Pam Brown, Estil Null, Richard Rice, Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Felix Medina, Patrick Vanasse, Paula McMichael, Jim Seabasty, Jeff Randall, Jim Kenney, Diane Flag, Juan Barrera and Commisioner Coletta. Staff. Bradley Muckel and Christie Betancourt. C. Adoption of the Agenda. Action: Mr. Olesky moved to adopt the Agenda, Ms. Deyo seconded the motion and the Agenda was approved by unanimous vote. D. Communications. E. Consent A eg nda. a. Approval of Minutes of June 17, 2009. b. Approval of the Enterprise Zone Reports. i. Enterprise Zone Monthly Activities Report ii. Enterprise Zone Quarterly Activity Worksheet Mr. Muckel provided an explanation of the content of the Enterprise Zone Quarterly Activity Worksheet. Action: Ms. Deyo moved to approve the Consent Agenda, Mr. Olesky seconded the motion and the Consent Agenda was approved by unanimous vote. F. Old Business. a. Seminole Indian Class III Gaming Compact with State of Florida Mr. Thomas explained that the Seminole Tribe of Florida has started to "go vertical" on their hotel project at the Seminole Casino, Immokalee. G. New Business. H. Citizen Comments. I. Next Meeting Date. August 19, 2009 at 10:30 A.M. J. Adjournment. This meeting was adjourned at 9:45 A.M. IMMOKALEE CPA Community Redevelopment Agency i The Place to Call Home! Certification of Minutes Approval Form ncy 1�- 161 jY,� These Minutes for the July 15, 2009, CRA Advisory Board/EZDA/IMPVC Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on August 19, 2009, as presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held September 16, 2009 at 8:30A.M. at the Career and Service Center located at 750 South 5h Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239- 252 -2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. CRA Governine Board Commissioner James N. Coletta Chair Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board Fred N. Thomas, Jr. Chairman Edward "Ski " Olesky Michael Facundo Capt. Tom Davis Robert Halman Ex- officio Julio Estremera Kitchell Snow Floyd Crews Ana Salazar Richard Rice James Wall Rick Heers Eva Deyo Penny Phillippi Executive Director 239.252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 aECENED IMMOKALEE CRA AUG 0 7 2009 Community Re4evelopment Agency 3"a", Of County commissioners i The Place to Call Home! CRA MEETING AGENDA Community Redevelopment Agency Advisory Committee July 15, 2009- 9:45 to 10:30 A.M. Career and Service Center of Collier County- Immokalee 750 South 5h Street, Immokalee, Florida 34142 16 Fiala Halas �'i- Henning Coyle -- Coletta —. A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Adoption of Agenda. E. Communications. F. Consent Agenda. a. Approval of Minutes. i. Regular Meeting June 17, 2009 (Enclosure 1) b. RWA, Inc. i. June Report (Enclosure 2a) ii. June Invoice (Enclosure 2b) c. Facade Improvement Program Monthly Report (Enclosure 3) G. Old Business. a. County Code Enforcement Monthly Highlights - Kitchell Snow. b. Immokalee Farmer's Market (Enclosure 4) – Floyd Crews H. New Business. a. CRA Advisory Board Vacancy (Enclosure 5) i. Randy Anderson ii. Executive Director's Recommendation (Enclosure 6) I. Citizen Comments. J. Next Meeting Date. Regular Meeting August 19, 2009 at 8:30 A.M. K. Adjournment. * The next joint Advisory Board/EZDA/IMPVC meeting will be held August 19, 2009, at 8:30 A.M. at the Career and Service Center located at 750 South 50' Street in Immokalee. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board WacC 6AWittees from time to time. l s't m #' CRA Governine Board Commissioner James N. Coletta Chair Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board Fred N. Thomas, Jr. Chairman Edward "Ski " Olesky Michael Facundo Capt. Tom Davis Robert Halman Ex- officio Julio Estremera Kitchell Snow Floyd Crews Ana Salazar Richard Rice James Wall Rick Heers Eva Deyo CRA staff Penny Phillippi Executive Director 239.252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 - CE-VED IMMOKALEE CRA .`. f 2009 Community Redevelopment Agency ,, ommissioners ► The Place to Call Home! CRA MEETING AGENDA Community Redevelopment Agency Advisory Committee August 19, 2009- 9:45 to 10:30 A.M. Career and Service Center of Collier County - Immokalee 750 South 5t" Street, Immokalee, Florida 34142 161 @1 Fiala �XCT � d Halas Z Henning Coyledw Coletta A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Adoption of Agenda. E. Communications. F. Consent Agenda. a. Approval of Minutes. i. Regular Meeting July 15, 2009 (Enclosure 1) b. RWA, Inc. i. July Report (Enclosure 2a) ii. July Invoice (Enclosure 2b) c. Fagade Improvement Program Monthly Report (Enclosure 3) G. Old Business. a. County Code Enforcement Monthly Highlights - Kitchell Snow. b. Immokalee Farmer's Market — Update H. New Business. a. CRA Advisory Board Vacancy — Update b. Celebration of Cultures i. Report c. Harvest Festival I. Citizen Comments. J. Next Meeting Date. Regular Meeting September 16, 2009 at 8:30 A.M. K. Adjournment. * The next joint Advisory Board/EZDA /IMPVC meeting will be held September 16, 2009, at 8:30 A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the Mk9ftsand the Advisory Board may come before one or more of the referenced Board and Committees from time to time. -- 1MMOKALEE CRA Community Re4evelopment Agency i The Place to CaII Home! MINUTES Immokalee Local Redevelopment Agency June 17, 2009 161 j�tp Enclosure A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:35 A.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow, Julio Estremera, Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Eva Deyo and Captain Tom Davis. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Richard Rice, Carrie Williams, Estil Null, Floyd Crews, Rev. Jean Paul and Pam Brown. IMPVC Members Absent/Excused: Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Valarie Pike, Paula McMichael, Noe Leal, Jeffery Randall, Scott Birge, Don Reese, Mr. Sebasty and Mr. Blocker. Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt. C. Introductions. D. Adoption of Agenda. Action: Ms. Salazar made a motion to adopt the Agenda, Mr. Snow seconded the motion and it passed by unanimous vote. E. Communications. F. Consent Agenda. 1. Approval of Minutes for the meeting of May 20, 2009. 2. RWA, Inc. May Report and Invoice; and 3. Commercial Facade Improvement Program Monthly Report. Action: Mr. Heers moved to approve the Consent Agenda, Mr. Estremera seconded and the Consent Agenda was approved by unanimous vote. G. Old Business. 1. County Code Enforcement Monthly Highlights in Immokalee. Kitchell Snow provided an update on code enforcement issues in the County. 2. Immokalee State Farmer's Market update. Mr. Crews reported that a letter was sent to the Legislators in this region under his signature. He will report back when more information is received. H. New Business. 1. Immokalee CRA Budget. Ms. Phillippi presented the FY 2010 proposed budget via a PowerPoint Presentation. Questions were addressed. Action: The FY 2010 proposed budget was approved by unanimous vote after a motion by Ms. Salazar and a second by Mr. Crews. 1 161 1 0,,, 2. Immokalee CRA Agenda items that received approval by the BCC were the Immokalee Stormwater Master Plan and the proposed Commercial Facade Grants. 3. FRA Conference 2009 — Ms. Phillippi provided information about the CRA Conference and asked that all members wishing to participate provide their names to Ms. Betancourt. Seven members signed up to attend the conference. I. Citizen's Comments. J. Next Meeting Date. July 15, 2009 at 8:30 A.M. K. Adjournment: The meeting was adjourned at 10:50 A.M. OA IMMOKALEE CRA Community Redevelopment Agency i The Place to Call Home! Certification of Minutes Approval Form by: Penny P pi, Executive ' or Immo a Community Re Nevopment Agency 161 i�i� Approved Lai These Minutes for the June 17, 2009, CRA Advisory Board/EZDA/IMPVC Meeting and for the June 22, 2009 Emergency Joint IMPVC /CRA Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on August 19, 2009, as presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held August 19, 2009 at 8:30A.M. at the Career and Service Center located at 750 South 50' Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5u' Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239 - 252 -2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. . IMMOKALEE CRA 6 1 1 b� Community Redevelopment Agency Enclosure 1 I The Place to Call Home! MINUTES Immokalee Local Redevelopment Agency July 15, 2009 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:46 A.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Eva Deyo, Kitchell Snow, Chief Tom Davis, Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Julio Estremera, Ana Salazar and Richard Rice. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Carrie Williams, Floyd Crews and Rev. Jean Paul. IMPVC Members Absent/Excused: Pam Brown, Estil Null, Richard Rice, Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Felix Medina, Patrick Vanasse, Paula McMichael, Jim Seabasty, Jeff Randall, Jim Kenney, Diane Flag, Juan Barrera and Commisioner Coletta. Staff: Bradley Muckel and Christie Betancourt. C. Introductions. D. Adoption of Agenda. Action: Mr. Heers made a motion to adopt the Agenda, Ms. Deyo seconded the motion and it passed by unanimous vote. E. Communications. F. Consent Agenda. a. Approval of Minutes for the meeting of June 17, 2009. b. RWA, Inc. June Report and Invoice; and C. Commercial Facade Improvement Program Monthly Report. Action: Mr. Olesky made a motion to approve the Consent Agenda, Mr. Davis seconded the motion, and it was approved by unanimous vote. G. Old Business. a. County Code Enforcement Monthly Highlights in Immokalee. Kitchell Snow provided a power point presentation on code enforcement clean-up efforts in Immokalee. b. Immokalee State Farmer's Market update. Mr. Crews reported that the Charles Bronson letter (Enclosure 4) was hand delivered to Congressman Mario Diaz -Balart during the town hall meeting at the Golden Gate Fire Station. He further stated Congressman Balart is very aware of the situation. H. New Business. a. CRA Advisory Board Vacancy. Mr. Thomas explained that there has been one applicant to the vacancy on the CRA Advisory Board, Mr. Randy Anderson. 161 1 01a Action: Mr. Snow made a motion to not recommend Randy Anderson for reasons identified on Enclosure 6 and to re- advertise the opening. The motion was approved by unanimous vote after a second by Mr. Davis. I. Citizen's Comments. Mr. Wall requested the CRA Advisory Board authorize with the Workforce Development Council to reimburse the Executive Director's expenses for taking the Leed training. Action: Mr. Olesky made a motion to authorize the Chairman to sign an agreement with the Workforce Development Council to reimburse the CRA for the Executive Director's expenses for taking LEED training. The motion was passed after a second by Mr. Crews. J. Next Meeting Date. August 19, 2009 at 8:30 A.M. K. Adjournment: The meeting was adjourned at 9:55 A.M. 2 IMMOKALEE CRA 16 Community Redevelopment Agency i The Place to Call Home! Certification of Minutes Approval Form Pr ar by: Approved by: re Penny ippi, Execu ' irector Fred N. Thomas, r., airman I ee Co mmuni edevelopment Agency These Minutes for the July 15, 2009, CRA Advisory Board/EZDAIIMPVC Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on August 19, 2009, as presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held September 16, 2009 at 8:30A.M. at the Career and Service Center located at 750 South 5h Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5t' Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239.252 -2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. CRA Govgrnine Board Commissioner James N. Coletta Chair Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board State Enterprise Zone Agency Board Fred N. Thomas, Jr. Chairman Edward "Ski" Olesky Capt. Tom Davis Robert Halman Ex -officio Julio Estremera Michael Facundo Kitchell Snow Floyd Crews Richard Rice Ana Salazar Rick Heers James Wall Eva Deyo Master Plan & yisioninp Committee Fred N. Thomas, Jr. Chairman Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Came Williams Floyd Crews Pam Brown Rick Heers Dick Rice Estil Null CRA staff Penny Phillippi Executive Director 239.252.2310 Bradley Muckei Project Manager 239.252.5549 1MMOKALEE CRA Community Redevelopment Agency i The Place to Call Home! JOINT MEETING AGENDA The Immokalee Master Plan and Visioning Committee and The Community Redevelopment Agency Advisory Committee July 15, 2009 - 8:30 A.M. Career and Service Center of Collier County 750 South 5th Street, Immokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of a Quorum. C. Introductions. D. Adoption of Agenda. E. Announcements. a. El Grito! Announcement and Sponsor Form b. Edgerrin James Football Skills Camp F. Communications. a. July Public Notices 161 1 Y�l FECEIVED AUG 0 6 ZOpg C3adra of County ComnliSSlpfi Fiala Halas Henning Coyle Coletta b. Press Release — Immokalee Commercial Fagade Grant Program G. Consent Agenda. a. Approval of Minutes. i. Regular Meeting June 17, 2009 (Enclosure 1) ii. Emergency Meeting June 22, 2009 (Enclosure 2) H. Old Business. a. Master Plan Review. i. Update. b. Immokalee Chamber of Commerce, Municipal Incorporation Meeting - Report c. Immokalee Transportation Concurrency Proposal - Update I. New Business. a. Immokalee Airport b. Business Incubator at Immokalee Airport. J. Citizen Comments. Chili Caliente — Bernardo Barnhart Christie Betancourt K. Next Meeting Date. Regular Meeting August 19, 2009 at 8:30 A.M. Administrative Assistant 239.252.2313 L. Adjournment. Misc. Torres: Date: b � 3 O9' Rem CRA Governing Board Commissioner James N. Coletta Chair Commissioner Tom Henning Commissioner Donna Fiala Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board & State Enterprise Zone Aeencv Board Fred N. Thomas, Jr. Chairman Edward "Ski" Olesky Capt. Tom Davis Robert Halman Ex- officio Julio Estremera Michael Facundo Kitchell Snow Floyd Crews Richard Rice Ana Salazar Rick Heers James Wall Eva Deyo Master Plan & Visioning Committee Fred N. Thomas, Jr. Chairman Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews Pam Brown Rick Heers Dick Rice Estil Null RA staff Penny Phillippi Executive Director 239.252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 IMMOKALEE CkA Community Redevelopment Agency i The Place to Call Home! JOINT MEETING AGENDA The Immokalee Master Plan and Visioning Committee and The Community Redevelopment Agency Advisory Committee 161 161, Fiala .SZ�� Halas - Henning Coyle Coletta August 19, 2009 - 8:30 A.M. , Career and Service Center of Collier County 750 South 5th Street, Immokalee, Florida, 34142 AUG � A. Call to Order. �3oard of B. Roll Call and Announcement of a Quorum. C. Introductions. D. Adoption of Agenda. E. Announcements. F. Communications. a. July Public Notices b. July News Articles G. Consent Agenda. a. Approval of Minutes. i. Regular Meeting July 15, 2009 (Enclosure 1) H. Old Business. a. Master Plan Review. i. Transportation Committee Report ii. Sufficiency review meeting report 1. resubmission August 14, 2009 iii. Public Realm Plan and Form Based Code — RWA Presentation b. Immokalee Business Development center i. Presentation by Executive Director I. New Business. J. Citizen Comments. K. Next Meetins? Date. Regular Meeting September 16, 2009 at 8:30 A.M. L. Adjournment. Misc. Corres: Date: item * 1MMOKALEE CRA Community Redevelopment Agency i The Place to Call Home! 16, l (jn V/ Enclosure 1 JOINT MEETING MINUTES Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee June 17, 2009 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:45 A.M. B. Roll Call and Announcement of a Ouorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Richard Rice, Ana Salazar, Kitchell Snow, Julio Estremera, Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Eva Deyo and Captain Tom Davis. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Richard Rice, Carrie Williams, Estil Null, Floyd Crews, Rev. Jean Paul and Pam Brown. IMPVC Members Absent/Excused: Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Valarie Pike, Paula McMichael, Noe Leal, Jeffery Randall, Scott Birge, Don reese, Mr. Sebasty and Mr. Blocker. Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt. C. Introductions. Each person introduced themselves. D. Adoption of Agenda Revised Agenda distributed. Action: The Revised Agenda was adopted unanimously after a motion by Mr. Rice and a second by Mr. Heers. E. Announcements. a. Chamber of Commerce Incorporation Meeting F. Communications. a. June Public Notices b. EFAHP Announcement C. Permitting Services Update G. Consent Agenda. a. Approval of Minutes. Action: The Minutes of the Regular Meeting May 20, 2009 and the Emergency Meeting June 2, 2009 were approved (with changes) unanimously after a motion by Mr. Rice and a second by Mr. Heers. H. Old Business. a. Master Plan Review. Ms. Phillippi provided a fairly detailed overview of the TAMP sufficiency letter provided by CDES. The CDES department is asking the BCC to "memorialize" the timeline they have proposed on page 2 of their Executive Summary. They are asking the BCC to use 161 1 hail Fund 186 to pay approximately $91,000 for the review, with the approval of the CRA Advisory Board. They are asking to review the IAMP in conjunction with SB360 trip mobility fee provisions. The Sufficiency Letter detail the many things they believe are insufficient about the IAMP: Section A is loaded with formatting issues; Section B takes exception to the fact that there was only one goal and asks for a rewrite with many goals and objectives; Section C changes words, phrases and replaces with other words and phrases. Issues in Section C include: Page 9 — E -5 and Page 11, # 62, 64, 65. Section D requires exorbitant amounts of work in the form of documentation, data and analysis, statistics, resource identification, etc. The Environmental Services review requires unbelievable amounts of detailed data about the water, soils, and fauna The transportation folks asked for things that are doable. Bob Mulhere has informed the CRA Director that RWA staff has scheduled and internal meeting on this issue and will get back to me either Thursday or Friday with the plan of to address these issues. Paula McMichael agreed with these comments. Action: The CRA Advisory Board and the IMPVC entertained a motion by Mr. Halman with a second by Mr. Estremera to pay ODES no more than the $16, 700 fee far the review of the IAMP. All voted yea with the exception of Mr. Snow and Mr. Thomas. The motion passed. b. Loop Road Update. The Executive Director provided a letter from the FDOT Project Manager, Gwen Pipkin which announces a workshop on the Hwy 29 project. The meeting will be held here at 5:00 PM on Thursday, June 23, 2009. Brad Muckel, Project Manager, provided a copy of a letter drafted to FDOT supporting an easterly route for the Loop Road. C. Immokalee Transportation Concurrency Proposal. Staff has reviewed the large Concurrency Proposal submitted by RWA and Tindale- Oliver. Talking Points of that proposal were provided to each member. Tindale -Oliver is working to develop a Transportation Concurrency Exception Area that will allow for alternative ways for development to pay for roads and not be an impediment to new business or new development. It would be equitable to both small business and large developers. The proposal could be long term deferrals or pay some now then pay into a trust fund for use where roads are deemed to be most needed. Staff requested a sub - committee to be formed to meet on the 29h of June at 2:00 P.M. with the folks at RWA and Tindale - Oliver to discuss the TCEA and how it should look. Staff further requested that the Sub - Committee be made up of persons who have a clear knowledge and understanding transportation and transportation issue. Although all meeting are in the "Sunshine ", the Sub - committee should be small enough to accomplish this task. Action : A Transportation Sub- Committee was appointed and includes the following persons: Kitchell Snow, Valarie Pike, Richard Rice, Fred Thomas, Estil Null and Floyd Crews. d. Economic Development Zones. Although the CRA Advisory Board voted to opt out of the EDZs due to the fact that they would need to take a percentage of future TIF funds, the Executive Director is not convinced that the EDC has given up on Immokalee as an EDZ. Staff provided the most recent information on the EDZs in the Board packets 16 1 1 p)jj Enclosure 1 I. New Business. a. Red Flag- Brad Muckel discussed issues being faced by a local bakery. The owner of the bakery provided input as well. Action: Staff was instructed to provide two separate letters. One to support the bakery owner's request for relief from flooding in front of the bakery and one to CDES requesting they review the impact of a site development plan to the footprint around the plan as it relates to stormwater issues. b. MSTU — Brad Muckel provided an update on MSTU activities. C. Business Incubator at the Immokalee Airport. The CRA Director met with the Airport Authority Advisory Board to request a partnership in forming a working business incubator at the airport. The Advisory Board was very receptive to the idea and has asked staff to come back to them in August with a full blown proposal. Staff requested CRA Advisory Board approval of the proposal to partner with the Airport Authority. Action: Rick Heers made a motion that the CRA Advisory Board partner with the Airport Authority Board to create and implement a working Business Incubator at the Immokalee Airport. The motion was seconded by Richard Rice and was passed by unanimous vote. J. Citizen Comments. K. Next Meeting Date. July 15, 2009 at 8:30 A.M. L. Adjournment. This meeting was adjourned at 10:30 A.M IMMOKALEE CRA RECEIVED Community kec evelopment Agency AUG 0 1 2009 I The Place to Call Home! ni of <'ouo y Commissioners JOINT MEETING MINUTES Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee June 22, 2009 16 Itbv Fiala Halas z-Ld6�.., Henning Coyle Coletta A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 5:30 P.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Floyd Crews, Richard Rice, Julio Estremera, James Wall, Michaeil Facundo, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Rick Heers, Ana Salazar, Kitchell Snow, Eva Deyo, Captain Tom Davis and Michael Facundo. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Richard Rice, Estil Null and Floyd Crews. IMPVC Members Absent/Excused: Clarence S. Tears, Jr., Rick Heers, Carrie Williams, Pam Brown, and Jean Paul. Action: No quorum was announcedor the IMP VC. Staff. Penny Phillippi, Bradley Muckel and Christie Betancourt, C. Adoption of Agenda. Action: The Agenda was adopted unanimously after a motion by Mr. Rice and a second by Mr. Crews. D. Communications. 1. Public Notice 2. Fagade Grant Update E. Old Business. 1. June 23, 2009 Meeting of the BCC (Agenda Item l Oc) Action: The CRA Advisory Board entertained a motion by Mr. Rice with a second by Mr. Crews to resend a previous vote taken on June 17, 2009 wherein the Advisory Board opted to pay CDES no more than the $16, 740 fee for the review of the IAMP. The vote was 7 to 1. Yeas were: Misters Olesky, Wall, Null, Halman, Rice, Thomas, and Crews. Mr. Estremera voted no. Action: Mr. Olesky made a motion to authorize the Executive Director to negotiate for payment for the Comprehensive Plan Special Amendment Cycle not to exceed $91,399. Mr. Wall seconded the motion and the votes were as follows:. Yeas were: Misters Olesky, Wall, Null, Halman, Rice, Thomas, and Crews. Mr. Estremera voted no. A list of questions to ask the BCC were developed and is here attached. F. Citizen Comments. G. Next Meeting_Date. July 15, 2009 at 8:30 A.M. H. Adjournment. This meeting was adjourned at 6 :55 P.M. Misc. Cares: Date: IMMOKALEE CRA 161 rn l, Community Redevelopment Agency Enclosure 1 tJ i The` Place to Call Home! JOINT MEETING MINUTES Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee July 15, 2009 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:40 A.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Rick Heers, Floyd Crews, Eva Deyo, Kitchell Snow, Chief Tom Davis, Michael Facundo, James Wall, Robert Halman, and Edward "Ski" Olesky. Advisory Board/EZDA Members Absent/Excused: Julio Estremera, Ana Salazar and Richard Rice. Action: A quorum was announced as being present. Immokalee Master Plan and Visioning Committee Present: Edward "Ski" Olesky, Fred N. Thomas, Jr., Rick Heers, Carrie Williams, Floyd Crews and Rev. Jean Paul. IMPVC Members Absent/Excused: Pam Brown, Estil Null, Richard Rice, Clarence S. Tears, Jr. Action: A quorum was announced as being present. Others Present: Felix Medina, Patrick Vanasse, Paula McMichael, Jim Seabasty, Jeff Randall, Jim Kenney, Diane Flag, Juan Barrera and Commisioner Coletta. Staff: Bradley Muckel and Christie Betancourt. C. Introductions. Each person introduced themselves. D. Adoption of Agenda. Revised Agenda distributed. Action: The Agenda was adopted with changes (Items 1. c. Red Flag Item - Old Immokalee Post Office added) after a motion by Mr. Heers and a second by Mr. Olesky. E. Announcements. a. El Grito! Announcement and Sponsor Form b. Edgerrin James Football Skills Camp F. Communications. a. July Public Notices b. Press Release — Immokalee Commercial Fagade Grant Program G. Consent Agenda. a. Approval of Minutes. Action: The Minutes of the Regular Meeting June 17, 2009 and the Emergency Meeting June 22, 2009 were approved unanimously after a motion by Mr. Olesky and a second by Mr. Heers. H. Old Business. a. Master Plan Review. Mr. Muckel provided an overview of the status of the IAMP. It was announced that staff has had two meetings with CDES staff to address the 27 pages of insufficiencies issued by CDES, and that they have also met with the Collier County Airport Authority to clarify issues regarding the Immokalee Airport III i �)n Enclosure 1 designation on the FLUM. Patrick Vanasse of RWA reiterated that they would be able to make the 60 -day deadline for response. Mr. Muckel explained that RWA will be seeking a contract amendment in the amount of $25,000 in order to compile all of the data and analysis requested by CDES staff and that, if a second insufficiency letter is issued, another contract amendment will be requested in the amount not to exceed $25,000. Commissioner Coletta suggested the IMPVC move forward to ensure completion of the Master Plan. He further stated that if warranted, staff should review the consultant contract and discuss with county attorney at a later date. Action: The CRA Advisory Board and the IMPVC entertained a motion by Mr. Olesky with a second by Ms. Deyo to instruct staff to move forward with the contract amendment to the RWA contract under the condition that a copy of the sufficiency letter response be presented to the Advisory Board prior to submittal to CDES. The motion passed by unanimous vote. b. Immokalee Municipal Incorporation Meeting - Report Staff provided a brief report on the status of the Immokalee Incorporation concept. The presentation, which was held on June 301h was not well attended by the public and no further action will be taken. C. Immokalee Transportation Concurrency Proposal - Update. Staff is currently working with RWA and Tindale- Oliver to reschedule a transportation sub - committee meeting to address the transportation concurrency proposal prior to submittal to Collier County Transportation Department. I. New Business. a. Immokalee Airport- Fred Thomas explained the benefits of a partnership between the Immokalee CRA and the Collier County Airport Authority regarding the economic development of the Immokalee Airport. b. Business Incubator at the Immokalee Airport. Staff explained that the Executive Director is currently drafting a proposal for a business incubator at the Immokalee Airport to be presented to the Collier County Airport Authority at their August 10, 2009, to the CRA Advisory board on August 19, 2009 meeting, and then to the BCC at their first meeting in September. It was further explained that, although the CRA has received two letters of support from businesses, there is still a need for additional letters of support to solidify the need for such a business service in Immokalee. Staff requested that anyone present that has business connections within the community please explain the concept and request letters of support from potential businesses who could benefit from the incubator or "business development center" at the Immokalee Airport. Action: Jim Wall made a motion to recommend to the CRA Advisory Board that up to $90,000 of Immokalee TIF funds be set aside to be used for economic development towards operation of a business development center in partnership with the Collier County Airport Authority Board, and to provide a vote of confidence for the Airport Director in the form of a letter of support. The motion was seconded by Mr. Olesky and was passed by unanimous vote. C. Red Flag Item — Old Immokalee Post Office Zoning — Kenny Blocker Staff explained the code enforcement and zoning issue at the old Immokalee Post Office Building owned by Mr. Blocker. This building, which is currently being used as a church, is being forced to either re -zone or apply for a conditional use Pa 16 1 1 � Enclosure 1 permit due to the disallowance of this use in the current Village Residential zoning designation. Action: Jim Wall made a motion that the CRA Advisory Board approve the letter prepared by the Executive Director requesting the BCC waive this citation until the LAMP and its FL UM are approved. The motion was seconded by Mr. Olesky and was passed by unanimous vote. J. Citizen Comments. K. Next Meeting Date. L. Adjournment. August 19, 2009 at 8:30 A.M. This meeting was adjourned at 9:38 A.M 3 CRA Governin¢ Board Commissioner Tom Henning Commissioner Donna Fiala Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board & State EnterQrise Zone Aeency Board Fred N. Thomas, Jr. Chairman Ana Salazar Michael Facundo Edward "Ski" Olesky Eva Deyo Floyd Crews Kitchell Snow James Wall Julio Estremera Richard (Dick) Rice Richard (Rick) Heers Capt. Tom Davis Robert Halman (Ex Officio) Master Plan & Visionine Committee Fred N. Thomas Jr. Chairman Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews Richard (Rick) Heers Richard (Dick) Rice Estil Null CRA Staff Penny Phillippi Executive Director Bradley Muckel Project Manager Christie Betancourt Administrative Assistant IMMOKALEE CRA 161 Community Redevelopment Agency I The Place to Call Home! MEMORANDUM DATE: August 25, 2009 TO: Sam Tucker, Executive Aide, BCC FROM: Christie Betancourt, Administrative Assi Immokalee Community Redevelopment RE: Agendas, Minutes, and Signed Approval Attached are the Agendas, Minutes, and Signed Approval from July 16, 2009 for your conveyance. Thank you. Immokalee Community Redevelopment Agency 310Alackua Street, Immokalee, FL 34142 239.252.2313 "' 239.252.6725 (FAX) IMMOKALEE CRA Community Rec evelopment Agency i The Place to Call Home! Certification of Minutes Approval Form ncy 16 I 1 jbil These Minutes for the July 15, 2019, CRA Advisory Board/EZDA/IMPVC Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on August 19, 2019, as presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held September 16, 2009 at 8:30A.M. at the Career and Service Center located at 750 South 5t' Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5t' Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239. 252 -2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. ISLES OF 161 1 b 6Fiala Halas Hennin Coyle CAPRI FIRE/RESCUJ°letta ADVISORY BOARD MEETING MIND JULY 99 2009 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Jim Gault, Advisory Board Member Joe Langkawel, Advisory Board Member Barbara Shea, Minutes Preparer 1. CALL TO ORDER Kirk Colvin opened the meeting at 6:30 p.m. II. OLD BUSINESS A. Chief's Report. B. June 2009 Advisory Board Meeting Minutes. L Copy of Minutes distributed. 2. Motion to approve June 2009 Minutes by Kirk Colvin. a. Motion seconded by Jim Gault. b. Motion carried unanimously. c. Minutes signed off by Chairman Colvin. C. FY10 ICFD Budget was presented to the BCC on 06/30/09. 1. No questions were proposed by the BCC on the ICFD budget. 2. The ICFD budget was approved as proposed. 3. Public hearings will be held in September. D. Boat Dock. Project. 1. The project management plan was submitted to the CM office. 2. Per Dan Summers, the project will come before the BCC after Sept. 3. ICFD is not able to obtain a long -term lease with the current dock owner. 4. Adv. Bd. members would like the project to move forward. a. Permitting & engineering processes should start as soon as possible. b. Impact fee funds are available for this project. c. A letter will be drafted to Dan Summers and the CM Office. 1. Request permission to hire Grady Minor (permH!A&- sys.) 2. Grady Minor's work may take up to 3 years. Date; I b9 J 3. Time is of the essence. Iterr P 16 i 1 V« E. Weather Bug Station Project. 1. Chief Rodriguez met with Weatherbug staff and IT. 2. Dan Summers has requested the project be approved by BCC after Sept. 3. Installation of the Weatherbug stations will be a fairly quick process. III. NEW BUSINESS A. Station 90 News Items. 1. Peter Stelzer is our newly hired firefighter; ICFD is fully staffed again. 2. Public Safety Dive Training just completed this week. 3. Dive Rescue I training to be held next week. B. EM has offered to provide a hurricane prep. discussion for the Civic Assoc. 1. Jim Gault to follow up with the Civic Association members. 2. Jim Gault to respond back with a date for this discussion topic. C. The next ICFD Advisory Board meeting will be held on Aug 6, 2009. 1. This meeting will include a tour of the new ESC. 2. Adv. Bd. members to be informed of the tour time. D. Joe Langkawel will attend the Steering Committee Meeting on 07/23/09. IV. ADJOURNMENT A. Motion to adjourn the meeting by Jim Gault at 7:10 p.m. 1. Motion seconded by Kirk Colvin. 2. Motion carried unanimously. Approved: Date: / Mala Halas Henning Coyle Coletta RECEIVED SEP 0 8 2009 t�oartl of County Commissioners ISLES OF CAPRI FIRE/RESCUE ADVISORY BOARD MEETING MINUTES AUGUST 5, 2009 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Jim Gault, Advisory Board Member Joe Langkawel, Advisory Board Member Barbara Shea, Minutes Preparer I. CALL TO ORDER Kirk Colvin opened the meeting at 3:10 p.m. II. OLD BUSINESS A. Chief's Report. B. July 2009 Advisory Board Meeting Minutes. 1. Copy of Minutes distributed. 2. Motion to approve July 2009 Minutes by Kirk Colvin. a. Motion seconded by Jim Gault. b. Motion carried unanimously. c. Minutes signed off by Chairman Colvin. C. FYI ICFD Budget Status. 1. No further changes have been made to our budget since last meeting. 2. Chief Rodriguez will attend the September public hearings. III. NEW BUSINESS A. Proposal for administrative consolidation with East Naples Fire District. 1. Chief Rodriguez received a merger proposal letter from Chief Dyer. 2. Conditions to be experienced under an administrative merger. a. ENFD would manage all ICFD affairs. Misc. Cones: b. ENFD Commissioners would be in full control of ICFD. c. ICFD Advisory Board would lose all powers. Date: d. ICFD would have no representation on the ENFD Board, bm #: ^i ` 60: 161 1 p4$ 3. In the long run, bd. members feel ICFD would be fully absorbed into ENFD. 4. The Advisory Board Chairman to draft a response letter to Chief Dyer. 5. Draft to be approved by all members via email. 6. Draft to include the following points. a. ICFD board members have reviewed the proposal letter. b. ICFD is not interested in an administrative merger at this time. c. The timing of such a merger is not good. B. Senate Bill 1000 passed by the State of Florida. 1. Additional I% sales tax to be used for emergency fire rescue services. 2. Sales tax revenue collected would replace a portion of citizens' fire taxes. 3. Calculations of taxpayer fire tax liability will remain the same. 4. 60% approval by the fire districts is required for BCC to move forward. 5. Interlocal agreement will be drafted by the Fire Chiefs Association. a. Only districts who sign the agreement will receive sales taxes. b. Interlocal agreement will describe how the I% tax will be divided. c. 5 year avg. of fire district's expenditures determines revenue percent. 6. A majority of the fire districts voiced interest in approving this issue. 7. Once 6 out of 10 districts approve, a voter referendum will follow. 8. Steering Committee requires a letter of approval regarding ICFD. 9. Advisory Board Chairman to draft a letter to Collier County BCC. a. ICFD is in full support of Senate Bill 1000. b. ICFD is requesting the BCC approval of Senate Bill 1000. c. Copy of letter to be sent to the Steering Committee. 10. Advisory Board Chairman to draft a letter to the Steering Committee. a. ICFD Advisory Board can only make recommendations to the BCC. b. The BCC has final authority over the Isles of Capri Fire District. C. Steering Committee Update 1. N. Naples has drafted the shell amendment for fire dept. consolidation. a. Designed for the 5 independent districts to merge. b. Once the State gives approval, the 5 districts can join anytime. c. Majority vote of each district's commissioners is needed to join. d. Cities of Marco & Naples, ICFD, Ochopee & EMS not included. e. New fire district is designed to be governed by 7 commissioners. i If ICFD joined, ICFD would not have a commissioner. g. Joe Langkawel to email copies of the draft to the board members. 2. The next Steering Committee will be on Sept. 24. D. The next ICFD Advisory Board meeting will be held on Sept. 3, 2009. 161 1 �jil IV. ADJOURNMENT A. Motion to adjourn the meeting by Jim Gault at 4:00 p.m. 1. Motion seconded by Kirk Colvin. 2. Motion carried unanimously. Approved: //,o Date: Ittl X61 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 October 30, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: September 18, 2008 V. Landscape Maintenance Report — CLM VI. Landscape Architect's Report — Michael McGee A. Doral Survey regarding Fence / New Fence Design with Cost Estimates B. Median Proposals VII. Budget Report A. Budget Committee — Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items X. Committee Reports XI. Old Business A. Future Beautification Project List 1. The Doral Circle Road ROW Buffer Area 2. Other Projects XII. New Business XIII. Public Comments XIV. Adjournment 1 Oil The next meeting is scheduled for November 20, 2008 4:00 pa isc• Cares: Collier County Transportation Building /East Conference Roompa 2885 Horseshoe Drive South, Naples, FL 34104 1 Item #:, � Copies to: 16 1 1 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 January 15, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: December 18, 2008 V. Landscape Maintenance Report — CLM VI. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund VII. Budget Report A. Budget Committee — Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Discussion on use of the current To Do List X. Committee Reports Xl. Old Business A. Future Beautification Project List and Budget their Budget Considerations 1. Other Projects B. RWA Survey C. Electrical Outlet replacement XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is scheduled for February 19, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 1 6 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 March 19, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: February 19, 2009 V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole VI. Landscape Maintenance Report — CLM VII. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Review of the To Do List X. Old Business A. Future Beautification Project List and their Budget Considerations XI. New Business XII. Public Comments XIII. Adjournment The next meeting is scheduled for April 23, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 16 fi Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 April 9, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: March 19, 2009 V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole B. Review of FY10 Draft Budget VI. Landscape Maintenance Report — CLM VII. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Dora[ Circle Entry Renovations VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Review of the To Do List X. Old Business XI. New Business A. Approval of McGee & Associates Proposal for Construction Document — RE Doral Project XII. Public Comments XIII. Adjournment The next meeting is scheduled for May 21, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 1 00 16f It tf GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 May 21, 2009 AGENDA I. Call Meeting to Order II. Attendance 111. Approval of Agenda IV. Approval of Minutes: April 9, 2009 V. Landscape Maintenance Report — CLM VI. Budget Report A. Budget Committee — Caroline Soto & Bob Cole VII. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Review of the To Do List X. Committee Reports XI. Old Business XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is scheduled for June 18, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 1 1 ail 16 f Oil Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 July 16, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: June 18, 2009 V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole B. Review Landscape Architectural Services Contract - Purchasing VI. Landscape Maintenance Report — CLM VII. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations Vill. Transportation Operations Report A. Project Manager's Report — Darryl Richard B. Review of the To Do List IX. Housekeeping Item X. Committee Reports XI. Old Business XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is August 20, 2009 at 4:00 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 August 20, 2009 AGENDA 1. Call Meeting to Order I1. Attendance 1111. Approval of Agenda IV. Approval of Minutes: July 16, 2009 V. Budget Report A. Budget Committee - Caroline Soto & Bob Cole VI. Landscape Maintenance Report - CLM VII. Landscape Architect's Report - McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard B. Review of the To Do List IX. Housekeeping Item X. Committee Reports XI. Old Business 16 1 ], p3p XII. New Business A. Review Applicants for the Lely Beautification MSTU Advisory Committee XIII. Public Comments XIV. Adjournment The next meeting is September 17, 2009 at 4:00 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 Fiala it Halas Henning Coyle Coletta 16 1 1 Lbw' RECEIVED JUL 2 0 2009 Board of County Commissioners OLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, F1 34104 September 18, 2008 Minutes I. The meeting was called to order by Bob Slebodnik at 4:00 PM. II. Attendance: Members: Tony Branco, Robert Cole (excused), Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard — Project Manager, Tessie Sillery — Operations Coordinator, Caroline Soto — Budget Analyst, Val Prince — Project Engineer Others: Mike McGee — McGee & Associates, Jim Fritchey — Commercial Land Maintenance, Sue Flynn — Mancan III. Approval of Agenda Add: VI -B. Ball Site Cleanup and Storm Water Repair Update on St. Andrews Blvd — Val Prince VI -C. Extension of McGee & Associates Contract VII -B. Transfer of Funds for Invoice Submitted by CLM Maintenance X11-A. Proposed Date Change for the October Board Meeting Kathleen Dammert moved to approve the Agenda as amended. Second by Tony Branco. Motion carried unanimously 4 -0. IV. Approval of Minutes: August 21, 2008 Change: V- Pg. 2 Lariape should read "Liriope." Tony Branco moved to approve the August 21, 2008 Minutes as amended. Second by David Larson. Motion carried unanimously 4 -0. V. Landscape Maintenance Report — CLM Jim Fritchey reported the crew was on site and trimming trees and shrubs and removing debris. VI. Landscape Architect's Report — Michael McGee Misc. tom: A. Doral Survey re- guarding Fence / new fence design with cost estimates DO: bm #'. ., -spies #o: 161 1 (b19 Michael McGee reported doing a drive by with Jim Fritchey to assess all medians for missing and damaged plants and plants that need to be replaced and reported the following: • Inbound and outbound Entrance off Rte 41, Palms need to be thinned and trimmed off sidewalk. • Replacement of Foxtail trees that were missing. • The entrance sign is 6 to 7 inches off the base and the sign is peeling away on the outbound side. • Median 4 — Indian Hawthorne in the middle of median need to be replaced and recommended replacing with Dwarf Fire Bushes. • Median 11, 12 and 14 - Recommended removing the Ixora plants and replacing them with 32 -Dwarf Fire Bushes. • Forest Hills — Hibiscus shrubs leaning over and not expected to recuperate will be cut down at the ground. • Median 14 — Due to an automobile accident 15 to 20 -Crown of Thorn shrubs need to be fixed and /or replaced. • Homeowners are taking the sign to Lykens to have it repaired. Insurance claims are automatically filed by the County on behalf of the MSTU for reimbursement. • Spotted sparse areas need mulching around the back of curbs. • Cart Crossing will be addressed in the proposal. Robert Slebodnik asked Michael McGee to remove the 2 -gray pipes sticking out by the golf course near the Cart Crossing. Michael McGee reported on Median 9. As FPL was working on lighting some of the Bougainvillea and Junipers were damaged and will be replaced after they have finished the project David Larson reported palm fronds covering a Solar Panel at Augusta need to be removed. He pointed out lights were out on the sign and on 4- street lights. Darryl Richard responded he will follow up with Southern Single. Robert Slebodnik requested the proposal on the medians be submitted at the next meeting and do the mulching in late October. B. Ball Site Cleanup and Storm Water Repair on St. Andrews Blvd — Val Prince reported on Ball Site cleanup: • Working together with Parks & Recreation to cleanup the baseball field off of Warren. • County is responsible for maintenance within 100' drainage easement. • Tony Roberto, Parks and Recreation, will have one Contractor do the cleanup work and once completed the funds will be made through an Interoffice Transfer. • Abandoned camper behind the Fire Station and behind a big Pepperbush has been removed. 161 1 �19 Val Prince reported on the Storm Water Repair on St. Andrews Blvd from Median 3 past Pebblebeach to Median #2 The Plan includes: • Install 3 -19' X 30" culverts using electrical pipes within the road right -of -way and continue within the drainage easement. • Increase the storage ability. • At the North Segment, create a slop off the Ficus Hedge about 5', reshape and re -sod. This will keep cars from going into the drainage easement. • Design Specialist survey crew picking up elevations and location marks • Extend North End drainage to the head wall • Some Black Olive trees will be removed on the Church side. • Schedule of improvements will be provided. Val Prince reported on Lely problems with the flooding restriction of drainage through pipes. He stated one of the pipes collapsed and in order to get through the rainy season a Purchase Order was cut and the work was completed on September 8, 2008. • A portion of the pipe was removed and replaced with a plastic pipe. This is a temporary fix. • County had to remove 3 -Sabal Palms and 1 -Holly and will reimburse MSTU for replacement purposes. • Irrigation system was not damaged. • Storm Water will pay for the restoration of landscaping and irrigation. Discussions ensued on depth and elevations of drainage section and replacement of A/C line with PVC and depending on grade, the type of plants to install. The Timeframes are as follows: • Scheduled for Bid Opening - November 15, 2008 • Placed on BCC Agenda - November 30, 2008 • Purchase Order - December 30, 2008 • Notice to Proceed to Contractor — January 1, 2009 • Specify 75' Total Construction and 60 days to substantial completion — March 15, 2009 • Additional 15 days to complete — Project Completed March 30, 2009 • Estimated cost at $200,000. Val Prince stated the Church Parking Lot is not included in this project. David Larson inquired on the trench at Rattlesnake- Hammock Road and the maintenance of it due to a pile of rip -rap restricting flow. 3 16 1 1X19 Darryl Richard responded the project toward the canal should fix that problem. C. Extension of McGee & Associates Contract Discussion ensued on extending the McGee & Associates Annual Landscape Contract Work Order expires on October 1, 2008. Robert Slebodnik moved to maintain design continuity with our ongoing 4 -Year Lely Landscape Renovation Project with McGee & Associates Contract be extended until September 30, 2009. Second by David Larson. Motion carried unanimously 4 -0. VI1. Budget Report A. Budget Committee — Darryl Richard Budget Report was distributed and reviewed. (See attached) • Operating Expense Available $60,583.99 • Budget Operating Expense $246,850.00 • Available Improvements General $171,500.00 • McGee & Associate has 2 outstanding Work Orders B. Transfer of Funds for invoice Submitted by CLM Darryl Richard provided 2- Invoices from Commercial Land Maintenance dated December 17, 2007 in the amount of $26,298.06 and April 30, 2008 in the amount of $3,202.84 for services that were provided and not paid. (See attached) He stated a transfer of funds was not necessary and payment of invoices could be taken out of the Operating Expense and reflected in the October 1, 2008 report. VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed. (See attached report and email) Darryl Richard stated the low bidder on the Doral Circle and Rattlesnake- Hammock Wall and Landscaping was Hannula Landscaping & Irrigation Inc. David Larson moved to accept the bid from Hannula Landscaping & Irrigation Inc of $23,822.55 proposal for the planting of a hedge at Rattlesnake- Hammock Road at Doral Circle. Second by Robert Slebodnik. Motion carried unanimously 4 -0. Robert Slebodnik moved to add, "not to exceed" 15% contingency based on $23,822.55 for the Hannula Landscaping & Irrigation Inc. proposal. Second by Kathleen Dammert. Motion carried unanimously 4 -0. 4 16 1 1 lbi9 Robert Slebodnik noted David Larson will be the point person for this project and stated Homeowners need to be notified prior to giving the Notice to Proceed. Michael McGee suggested requesting RWA Survey set corners of all the lots before construction so there are no arguments on the fence line. David Larson moved to have a surveyor stake the back corners of 6 lots for the Rattlesnake- Hammock Road at Doral Circle hedge project not to exceed $2,500. Second by Robert Slebodnik. Motion carried unanimously 4 -0. Darryl Richard recommended extending the Commercial Land Maintenance Contract 180 days and will send a letter requesting the extension if approved by the Committee. Robert Slebodnik moved to request Staff extend the present Contract with Commercial Land Maintenance to September 28, 2009. Second by David Larson. Motion carried unanimously 4 -0. B. Report on Current Status of Rattlesnake Hammock Fence Project Darryl Richard stated Tropical Storm Fay repairs claim is $10,000 and insurance claims have been filed. IX. Housekeeping Items A. Accident Reports Mentioned at the May 15, 2008 Meeting Darryl Richard noted the County has photos and the license plate number for the automobile connected to the accident on Pebblebeach Blvd. A claim has been filed. B. Review New Language for the next Maintenance Contract — None. X. Committee Reports — None XI. Old Business A. Future Beautification Projects List i. The Doral Circle Road ROW Buffer Area — Tabled at last meeting. ii. Other Projects Tony Branco stated the Bridge looked aged and dirty. He suggested having it pressure cleaned or bleached and treated with a water sealer. Discussions ensued on the Bridge and it was decided to clean both sides of the Bridge, add plants and to have Michael McGee provide a Concept Design. 16' 1 &i9 XII. New Business A. Proposed Date Change for the October Meeting It was a consensus the next meeting will be held on October 30, 2008 at 4:00 PM. XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:35 P.M. Lely Golf Estates Beautification MSTU Advisory Committee Robert Slebodnik, Chairman These minutes approved by the Committee on (t , -O (,)g as presented or amended ?c The next meeting is scheduled for October 30, 2008 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 6 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 September 18, 2008 SUMMARY OF MINUTES AND MOTIONS 16 i IN III. Approval of Agenda Add: VI -B. Ball Site Cleanup and Storm Water Repair Update on St. Andrews Blvd — Val Prince VI -C. Extension of McGee & Associates Contract VII -B. Transfer of Funds for Invoice Submitted by CLM Maintenance Xll -A. Proposed Date Change for the October Board Meeting Kathleen Dammert moved to approve the Agenda as amended. Second by Tony Branco. Motion carried unanimously 4 -0. IV. Approval of Minutes: August 21, 2008 Change. V- Pg. 2 Lariape should read "Liriope. Tony Branco moved to approve the August 21, 2008 Minutes as amended. Second by David Larson. Motion carried unanimously 4-0. VI. C. Extension of McGee & Associates Contract Discussion ensued on extending the McGee & Associates Annual Landscape Contract Work Order expired on October 1, 2008. Robert Slebodnik moved to maintain design continuity with our ongoing 4 -Year Lely Landscape Renovation Project with McGee & Associates Contract be extended until September 30, 2009. Second by David Larson. Motion carried unanimously 4 -0. VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed. (See attached report and email) 16 a 1 &)9 Darryl Richard stated Bid 08 -5120 on the Doral Circle Hedge Project came in and the low bidder was Hannula Landscaping & Irrigation Inc. David Larson moved to accept the bid from Hannula Landscaping & Irrigation Inc of $23,822.55 proposal for the planting of hedge at Rattlesnake- Hammock Road at Doral Circle. Second by Robert Slebodnik. Motion carried unanimously 4 -0. Robert Slebodnik moved to add a not to exceed 15% contingency based on $23,822.55 for the Hannula Landscaping & Irrigation Inc. proposal. Second by Kathleen Dammert. Motion carried unanimously 4 -0. Michael McGee suggested having RWA Survey set corners of all the lots before construction so there are no arguments on fence line. David Larson moved to have a surveyor stake the back corner of 6 lots for the Rattlesnake- Hammock Road at Doral Circle hedge project not to exceed $2,500. Second by Robert Slebodnik. Motion carried unanimously 4 -0. Darryl Richard recommended extending the Maintenance Contract 180 days. Robert Slebodnik moved to request Staff to extend the present Contract with Commercial Land Maintenance to September 28, 2009. 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UO--- crrr6UF-z LuinZ- w�?cnggJaJOLUL,8 (nUi- F- mml -aw4 -' r N CO ° r' V N OD r O N a) V rq tD n N 4n p VN {7 '" r' N N N M i9 M M� Pf M t+) V) M V O V 161 Ito September 18, 2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L -43) : ACTIVE - (POC: Darryl Richard) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 1 1 -7 -07: WO # TLO -MA- 3614 -08 -02 - S 2, 490.00 for this project - WO in process of requesting signatures. 12 -4 -07: PO Issued and WO approved. 12- 20 -07: Initial plan review received by Pam Lulich, RLA, plans require revision. 1 -7 -08: Project is under staff review - pending committee review at their next meeting. 2 -6 -08: Meeting scheduled to review right of way - regarding the wall. 2- 21 -08: Official Approval by ROW is pending. As of 2-21-08 (3:10 PM) 3 -3 -08: Committee to review recommendation for CDS Permitting. Installation of wall is not permitted through Transportation. 4- 14 -08: Received copy of McGee & Associates Graphic Presentation (presented to Lely Civic Association) which indicates cross - section and layout for proposed planted hedge in lieu of fence or wall. 5 -2 -08 : Stormwater Dept. Disapproved of the conceptual plan. 5- 15 -08: Lely MSTU Committee request staff and Committee chair set up meeting with Commissioner Fiala Regarding Project. Meeting scheduled for 6- 13 -08. 6- 12 -08: ROW Permitting issued Permit 08- 0383 -E for project. Staff will obtain (1) Bid Schedule and (2) Bid Plans from McGee & Associates. Meeting with Commissioner Fiala cancelled per Chairman Request. 9- 18 -08: Quotes Received for Project, Hannula is apparent low quote: *Requires Committee Approval for award. TOTAL BID AMOUNTS: Lite Oak Landscaping 9 $28,123.00 Florida Land Maintenance, Inc. 9 $39,245.00 "Hannula Landscaping & Irrigation Inc. 9 $23,822.55 R.L.V. Enterprises Inc. 9 $29,805.07 Superior Landscaping & Lawn Service, Inc. 9 $29,381.50 Garden World of Holiday, Inc. 9 $34,544.13 Hazeltine Nurseries, Inc. 9 $35,661.00 161 1 lbo (L -41): ACTIVE -{POC: Tessie Sillery) -: - McGee & Assoc. Annual Contract: 04 -3614 10 -9 -07: Committee approved McGees proposal for $8,525.00 10- 24 -07: Work Order in progress l 1 -6 -07: County staff requested changes in the proposal. 11-9-07: Work Order in progress for signatures 12 -4 -07: PO Issued and WO approved. 5- 15 -08: need new Scope of Services Proposal for FY -09 from McGee's Office (pending) 6- 19 -08: Collier County Purchasing Department has informed Liaison Staff the due to new RFP 08 -5060 Fixed Term Landscape Architectural and anticipated award to 5 new vendors (which 'un- officially includes the following firms: McGee & Associates, Urban Green Studio, Windham Studio, Inc. ,Goetz & Stropes, WilsonMiller), that Liaison Staff will be required to adhere to the terms of new contract /RFP 08 -5060 and `rotate' selected vendors for solicitation and award of Work Order per terms of Contract 08 -5060. The old Contract 04 -3614 expires on September 20, 2008 and cannot be utilized for the solicitation of services to be provide for FY -09 (beginning Oct. 1, 2008) 7- 17 -08: McGee contract will expire on September 29, 2008. Afterwhich new annual contract will be issued from Purchaseing for Landscape Architectural Services. 9- 18 -08: Annual LA RFP expires on Sept. 201h (2 days from 9- 18 -08); Purchasing to attend October MSTU Meeting to review issue of new Work Orders based on new RFP pending BCC approval on Sept. 23`d (L -34) - ACTIVE -(POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04- 3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. - Bid # 04 -3676 - plus 3 renewals. - expires on 9 -28 -08 10- 12 -07: New Fiscal Year 07 -08 - PO issued and NTP given. 4- 18 -08: Emai led the committee members - to review. 6- 19 -08: Staff is coordinating with McGee & Associates to prepare Bid Documents. Purchasing Policy change with `local' vendor preference is to be incorporated into Bid Documents. 7- 17 -08: New Maintenance Contract Document being reviewed by staff (coordination with Purchasing) for bidding. (L -39) - - CO MPIT, fED (POC: Darryl lticivardk: Irrigation Refurbishment Project 9- 20 -07: Committee requested for Roger Dick - County Irrigation Project Mgr. to attend next meeting. 10- 18 -07: Requested for estimates per Roger & McGee (team work) 11-7-07: Roger will review and attend the next Lely Meeting with quotes 12- 10 -07: Still reviewing pricing from AGTRONIX. 12- 20 -07: quote for project by CLM is pending; additional information plans /specifications requested by CLM. Confirmation of Ag- Tronix quotes by McGee pending. 1-7-08: Quote by CLM pending - McGee coordinating details. 2 16 F 1 9�i9 1- 17 -08: Committee approved CLM Quote - $3,484.68. 1- 28 -08: PO sent to Agtronix - $12,688.00 total 1- 30 -08: Pam Lulich confirmed committee can not utilize converter and valves. 2- 20 -08: Agronix order received at Commercial Land Maintenance 5 -21 -08 : Completed (L -44) : Complete ill()( Darryl Richard Palm Tree Installation Project: E 1001729 Pebble Beach for $27,347.63, and E1001728 Forest Hills for $9,877.22 1- 21 -08: Staff authorized only Pebble Beach estimate per Committee Chair due to insufficient funds in "Incidentals" to cover both estimates. 1- 21 -08: Approval for Forest Hillls is pending Committee action to move monies to "incidentals" 3 -3 -08: Project Complete (L -37) - (completed - N ki - i i es�ie sdlcrc ) : Bench Facing Lake Project 8- 17 -07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers. 8- 22 -07: Concept drawings due Sept. 20 "' for the committee. 9- 20 -07: McGee did not have drawings completed and will submit drawings to next meeting with costs for wall in order for committee to make decision on other projects. 10 -18 -08: Committee requested clarification of quote. 10- 24 -07: Pending CLM revising and Clarifying Quote 1 1 -7 -07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 11-14-07: Quote for Bench received --Swartz $ 79180 1 1- 15 -07: Committee approved and bench is on order. 12- 14 -07: NTP - Swartz Company for Bench 12- 20 -07: Bench order is pending delivery to CLM. 1 -16 -08: Bench is on its way, traveling from Pennsylvania. -will be here sometimes next wed. (L -40) - COMPLETE i)(�C Darrel RlJhard - Lift Station Beautification (Baltusrol Course Crossing) 9- 20 -07: Committee approved up to $3,000 for work to be completed by CLM. 10- 16 -07: CLM submitted estimate - $ 3,789.30 -over limit committee motioned. 10- 18 -07: Committee approved quote. 10- 18 -07: Committee request McGee to do design. 11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project. 12- 10 -07: Utilities to address beautification. (L -42) : ( ()MI'Ll- i L - -(POC: Darryl Richard) - Rip Rap- by Cypress Lake Condominium 10- 16 -07: Committee requested Road and Bridge to put rip rap on bank. 12- 10 -07: Repaired and completed. (L -36) - (YiMPLI I L DF Doral Entrance Enhancements & Wall /Fence Project; Schedule: 7- 19 -07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall: and $40,000 for a fence (on top the wal I); Total Project is estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project. 8- 16 -07: Update: RWA gave estimate for $ 7,900.00 and from staff recommendation for mstu members to make an amendment to previous motion from $5,000. to $7,900. 8- 17 -07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than $5,000 to spend on survey. Also, looking at County paying (rattlesnake hammock funds) for the maintenance (Pam Lulich attended meeting and gave other landscape options) wall vs landscaping 8- 22 -07: Received estimate at $4,900 from RWA and will work order in process. 161 1 N 9 -7 -07: Rec'd WO from Vendor and in Work Order Process for additional signatures. 9- 20 -07: Rec'd PO 9- 24 -07: NTP - start date 9 -24-07 and Completion date: 11-23-07 - PO # 4500064146 - Dated 9- 20-07) WO # RWA -FT- 3944 -07 -0 8 - "Contract 06 -3944 Annual Contract For Roadways" PROJECT SCHEDULE: (L- 38) (" )NIPLF I F - : AK f7arr\ I Richard); Palm "Tree Replacement Project- medians 4 to 10 median tips 9- 20 -07: Committee requested CLM to quote project and discuss at next meeting. 10- 16 -08: CLM submitted estimates for upcoming meeting 10- 18 -07: Committee, staff and McGee discussed quotes and requested clarification. 11 -7 -07: Darryl and Jim (CLM) will be meeting on 1 1 -8 -07 to review project. 11-15-07: Project approved by committee and staff- contractor to proceed with annual contract. 1 -4 -08: Project Completed. (L -33) - CO:MPI 111 iP( K' 1Tirrcl Richardt Dural Circle Entry Feature Development: Includes installation offence along Rattlesnake Hammock Road and adjoining entry features. 5- 17 -07: Committee votes to commit $2,500 in consulting fees to McGee for project. McGee will bring recommendations to 6 -21 -07 regular meeting. 6- 15 -07: Project Complete (L -22) - C OMPLETF - � P(k' Dmr\ i Richard) (PROJECT PRIORITY 44 AS PER 11 -17 -06 MEETING) Augusta Boulevard at Forest Hill Planting Project - SCHEDULE: Lely MSTU: Augusta at Forest Hill - Landscape & Irrigation PHASE Start - End Date Committee Approval for Hannula quote 4 /19/2007 BCC APPR not required (105 K estimate by McGee) NTP CONST 5/11/2007 60 DAY Substantial Completion 7/11/2007 90 DAY CONST 5/11/2007-8/10/2007 CONST-COMPLETE 8/10/2007 Status: Mike McGee has completed 100% plans for project, Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5- 30 -06, Drawings dated 7/14/05 received from McGee, - Project will be scheduled for construction after phase II is completed. 7- 18 -06: Committee has placed project on hold until phase fl completes. 8- 22 -06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 1 1- 16 -06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.K Committee Action is required to move project forward. 12- 14 -06: MSTU Committee selects to include golf cart crossing area into project. 1- 17 -07: Meeting with Golf Course Superintendent Allan Cooper to review project. 1- 18 -07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One ( I ) Spare valve is available for use by the MSTU for project. 2- 14 -07: Request for Quote sent out - deadline March 9 "'. 2007 3- 15 -07: Committee to review quotes and select lowest quote. 4- 10 -07: Hannula is apparent low quote - Committee approval pending for $25,908.81 4- 17 -07: Committee approved for Hannula to do the job 4- 30 -07: PO Request in process 5- 11 -07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22, 2007. Meetings to re -occur each week on Tuesday's (1. -32)- COMPLETE - (POC: Tessie Sillery); Refurbish entrance sign - damaged by fallen palm at St. Andrews Sign. 4 -17 -07 : Committee approved for Lykins PO to be opened to repair sign. Committee asked for more information on deflector plates. 5- 17 -07: Commitment from Lykins was to be complete by May 11, 2007 inspection pending today's drive - through. 5- 17 -07: Project Complete (L -29) 4 0MPt-El E -(POC: Tessie Sillery) -Median Re- Painting By Road & Bridge; Asper Committee Request on 11-16-06 Road & Bridge needs to paint "4" numbers at each median opening 12- 20 -06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. 2- 14 -07: Painting not done by Road & Bridge 3- 15 -07: R &B supervisor (Don) will meet with staff to make sure the location of g's 4- 17 -07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin. 4- 30 -07: Completed (L -30) -C OMPI_I 11: - t l'i >C 1 Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1 -17 -07 : Facilities Maint. will replace flag today 1- 18 -07: Flags replaced 1- 18 -07: Committee requested for a different size flag 4 161 I v 1 -23 -07 : Requested quote from Lykins 2- 10 -07: Single quotes and quotes for two for the committee to approve 2- 15 -07: Committee requested Tessie purchase flags through internet 3- 10 -07: State Flag and American Flags purchased (2 of each) $187.00 3- I5 -07: Flags arrived today...!!! 3- 17 -07: Flags installed — re -order will be on an as needed basis. County replacement flag is on order. (L -25) Ir 11' (P(K I)urn_1 Richard): (PROJECF PRIORITY #3 AS PER l 1 -17 -06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10- 19 -06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if project is agreeable to Golf Course Management for Construction. I 1- 17 -06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12- 18 -06: Quote for $10,801.94 received from Commercial Land Maintenance. - on hold until see below 12- 18 -06: Quote from CLM is approved for $10,801.94 under terms of annual contract. I - 17 -06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. 2- 15 -07: Requirments for project are: ( I ) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existing irrigation heads; Bob Slebodnick will contact AI Cooper and schedule a meeting time for follow -up. 3- 14 -07: Golf Course installing irrigation — 50% complete 4- 10 -07: Project Complete (L -24) -C( )MPLI= F1 -r P( K' Dan %I Richard): - (PROJECT PRIORITY #2 AS PER I 1 -17 -06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PRO.IECF — Need Committee Action for award of quote 6- 15 -06: Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re -quote project with clarification concerning the discrepancies. 6- 27 -06: Waiting on quotes. 7- 18 -06: Need a bid tab Schedule from McGee & Associates and electrical engineering 8- 17 -06: Quotes from Annual Contractors for Electrical Instal lati on/Des ign is pending. 8- 21 -06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8- 21 -06: Owner of Kent Technologies Thom Esch office visit. Thom receives updated copy of plans. 8- 22 -06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8- 31 -06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9 -1 -06. 9 -3 -06: E. B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County, 9 -5 -06: Bid Schedule revised and sent out. 10- 19 -06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break -down of each line item from E.B. Simmonds. 10- 30 -06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re- quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Representative Ron Steedman confirms quote of$2500 per light for a total of $5,000.00 Committee Approval Required. 11-17-06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec: Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12- 20 -06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by Commercial Land Maintance installation of irrigation and landscaping. 1 -17 -07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles Eli Simmonds will install. 3 -9 -07: Received Lumec Poles for project 3- 14 -07: Poles picked up by EB Simmons 3- 20 -07: Electrical Installation Completed by E.B. Simmonds 4- 10 -07: Project Completed (L -32) — ( 112 1 Pt 1):rrry l Richard i Phase Ill Project: Refurbishment of Median # I and #2 on St. Andrews at entrance to Lely off of US 41. 2 -9 -07: 100% plans received from McGee 2- 15 -07: CLM confirms quote for $8,734.47 for project. 3- 15 -07: Project Completed (L -31) — C ( )MPI.L - "I E Coordination with Ted Weiner — LMA Agreement 1- 13 -07: Letter from Ted Weiner — received and forwarded to Scott Teach 2- 15 -07: No official confirmation received from Weiner that they are baking out of LMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L -23) A. OMPLE "FE - (Darryl) - (FDO'F) (PROJECT PRIORITY 01 AS PER 1 1 -17 -06 MEETING) Lely Phase 11- Landscape and Irrigation: Final 100% Design Approved by FDOT: Permit received from Bryan Dennis FDOT: Waiting on Notice to Proceed from FDOT (requires checklist approval), Checklist has been submitted to FDOT for approval. 5 -I -06; FDOT Notice to Proceed is pending. Checklist has been approved. 5 16 P 1 0t9 5- 15 -06; Notice to proceed still pending, checklist has been approved. 5- 30 -06: FDOT NTP and drawings delivered to purchasing – pending advertisement from purchasing. 6 -5 -06: Contract Letting by Purchasing, Bids due by 6- 30 -06: BCC Approval for 7 -25 -06 meeting (Novus Deadline of 7- 10 -06) 6- 12 -06: Bids are due June 30. 2006 – bee 7 -25 -06 6- 15 -06: Pre -Bid Meeting on June 20, 2006 6- 27 -06: Addendum # I – in progress. 7- 18 -06: BCC to award bid to Vila & Sons – 7 -25 -06 7- 25 -06: BCC Approved Vila & Son Contract 8- 17 -06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of Contract /Purchase Order. 8- 22 -06: Vila & Sons to return paperwork to purchasing and anticipate availability fix project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9 -1 -06: Contract sent to County Attorney Office for signature by Brenda Brilhart 9 -5 -06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow -up call in 48 hours for confirmation of approval. 9- 19 -06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18, 2006. 11-6-06: Vila & Son Pay Application #I reviewed and rejected due to non - completion of 'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7-06: Revised pay application approved for payment. Project is 57 % completed. 1- 17 -07: Substantial Completion Inspection; Punch -List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son, Darryl Richard, ATM Liaison, and Mike McGee, McGee & Associates, Roger Dick, Irrigation Project Manager. 2 -21 -07: Confirmation Final Close -out change order is processed (CO 92). (L -26) – C'O:MPLETF - Order for new Sign – Pebble Beach Median # 19 8- 17 -06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median # 19 Pebble Beach Drive. 8- 31 -06: Staff request that Lykins provide quote for issue of PO. 9 -8 -06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10 -9 -06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10- 19 -06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L -28) – COMPLI- Fl - PEBBLE BEACH OVERPASS PROJECT —Road & Bridge to reconstruct asphalt on overpass. No confirmation of schedule from R& B as of today – 3 -6 -06 and as of 5 -15 -06 5- 30 -06: Stormwater Director (Calvert) is working on project estimate and scope- To be complete within 2 weeks. 7- 18 -06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8- 17 -06: Lely MSTU Committee request review of project and reconsideration for project schedule- 8-18-06: Eugene Calvert sends email indicating that the project is not scheduled/ funded by Stormwater. 8- 22 -06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8- 24 -06: Staff meets with Committee Chairman Bob Slebodnik to review project. 9 -1 -06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fund other 50 %. 9- 11 -06: RLS response by Scott rFeach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MST1J funds. 10-19-06: As per County Attorney's review and response project is determined to 13c a 'non -MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L -25) – i.' )'OP1 I tt:- fending ( nmutt -ce \�, lwn - PALM TREE REPLACEMENT— MCGFE recommendations pending as per committee request. Committee is interested in Foxtail Palms. – 7/18/06: McGee provided quote and committee waiting for phase I l before proceeding with project. 8- 17 -06: McGee formal written proposal is pending. 8- 17 -06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting. 8- 22 -06: Written Proposal from McGee is pending. 9- 11 -06: Anticipated delivery date 9 -30 -06 10- 19 -06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L -27) – O %IPLFTF - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews: Lykins quote for $760.00 approved by Committee on July 20, 2006. 7- 24 -06: Staff request to purchase for Lykins in the amount of $760.00 8- 17 -06: Lykins installation of sign pending. 8- 22 -06: PO issued to Lykins for installation of sign. Installation to be complete by 2id week Sept. 8- 31 -06: Proof will be forwarded to Staff on 9 -1 -06 for review. 9 -7 -06; Darryl approved the proof. 9- 22 -06: Lykins begins installation of sign. 10 -1 -06: Lykins installation complete (L -21) 0 AI PI I II - Flag lighting – not working. – Anticipated completion date – September 30 "', 2006 8- 17 -06, Eb Simmonds contacted for lighting and Flagpoles and took care of problem under contract – no fee charged 10- 10 -06: Lights reported 100% operational by Committee Chairman on 161 1 6o (L -I ) - C( )NIP] F H - Spraying of Exotic vegetation at St. Andrews Canal - Travis Gossard contacted regarding request for re- spraying of exotics. 8- 22 -06: Danny Dominguez confirms that the re- spraying of the Canal has taken place. (L -2) - COMPLI "I i -- Painting of Curbs and Yellow Paint at Median 'Pips 6- 15 -06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6- 23 -06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7 -6 -06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us. 7- I8 -06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7- 18 -06, Will purchase paint at Sherwin Williams and provide to CLM. 7- 20 -06: Paint and materials dropped off to CLM 8- 15 -06: CLM performing painting, curbs completed, painting of numbers not complete 8- 22 -06: Project is completed. (L -3) -COMPI V I1 -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8- 14 -06: Inspection indicated that plantings had not occurred CLM contacted. 8- 22 -06: Plantings of Crown of Thorn is completed. (L -4) COMPI .E "I 1:- Solar lighting - HOA Project -Augusta Boulevard at Forest I fill Sign Lighting Project - HOA to fund installation, MSTU to pay for '/2 of construction cost. 5- 15 -06: Pending Purchasing approval 5- 30 -06: Kent Tech is revising their estimate as per contract. 6- 12 -06: Kent tech has provided requested quote, item being processed by Finance/Purchasing (L -5) -COMPI .F: TGLely Phase It- (Electrical & Lighting & Irrigation Controllers): - Construction Cost LB Simmonds Cost $23,010.00; L.umec Cost $17,050.00 ($1,550 per pole w/ 1 I poles) =Total Project $40,060.00. F.B. Simmonds is complete, FPL to power up Meter - pending. 5 -1 -06; FPL and EB Simmonds work complete. (L-6) COMPLI— 11 Water Meter Removal (L 7) - C'O\1PL1- I L;- Repair of Asphalt on Forest Hill - COMPLETE, Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L -8) Flag Replacement—, t)A.1PLF I ED -Flag Order for poles at St. Andrews and US 41 6- 15 -06: as per committee request the flags will be ordered twice a year or "as needed" (L -9) - CC)41('Lli 1 "L -Lely Phase I- Complete (311105) - COMPLETED (L- 10) - 0 O%1Pl.i_ I I:- Drainage Project - Pebble Beach Road- Non -MSTU Project (L -1 1) -C( �%l PE 1 11 - Drainage Project -St. Andrews Boulevard- Embankment Cleaning- 100% (L 12) CO\ J III _t I I -- Baltusrol Culvert Inlet Clean -Out 5- 12 -06; Project Competed by Commercial Land Maintenance (L -13) -COMPI I I H.- Baltusrol Overpass Asphalt Repair - at the request of the Committee Chairman Road & Bridge performed the repair. 3- 10 -06, Project Completed by Road & Bridge (L -14) -C( NPI i- IT- Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2 -2 -06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L -15) COMI'Ll 11 "Pinehurst Estates' Sign Area on Baltusrol Landscape Project, Refurbishment Project to address the non - planted areas around the existing signs for the entrance into Pinehurst Estates -Lely MSTU Area. 5 -5 -06; Project Completed by Commercial Land Maintenance. (L -16) COMI'LLI "I. -Dora) Circle: Pepper Tree Removal 6 -1 -06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6- 15 -06; Pepper Tree reported removed (L -17) -C( All'I Li I !- -Dora] Circle Sign Lighting Project 3- 15- 06Project Completed by Kent Technologies under contract with Lely MSTU. 161 1 y�n (L -18) -Ct) 1PL.f TL -Dora) Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2- 10 -06; Project reported complete by Commercial Land Maintenance. (L -I9) — On I cold- Phase II Project: Advanced Bench Order and Installation, As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre -Bid meeting the benches are to be included in the bid for Phase ❑ Project as an alternate. (L -20) —( O%1P1 i TI -FLAG POLE REPLACEMENT- a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5 -1 -06; PO issue is pending as per Committee Approval. 5- 15 -06; Sign Craft received NTP on 5 -12 -06 and waiting on material order — drawing prepared.- 3 weeks estimated for poles to be received. 6- 12 -06: flag poles to arrive within I week. — On site meeting with contract to confirm locations. 6- 15 -06; Flag poles and all materials received by contractor, Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6 -27 -06 : to be installed by June 30 "' pending CDS review of construction pad 7 -3 -06: Flag Poles are up with flags. For 411, of July..!!!! i sillery_t From: Richard Darryl Sent: Thursday, September 18, 2008 1:38 PM To: sillery_t Subject: Lely Meeting Prep - for 4 PM Importance: High Attachments: Doral Circle Hedge Bid 08 -5120 Results.doc Tessie, Please make copies of this document for the Committee. Darryl From: RichardDarryl Sent: Friday, September 12, 2008 4:50 PM To: 'McgeeAssoc @aol.com' Cc: BrilhartBrenda; HauerMike; sillery_t; arnold_m; 'rslebodnik @aol.com' Subject: Bid 08 -5120 Doral Circle Hedge Project - BID RESULTS Importance: High Mike, (McGee & Associates) Page 1 of 1 bo 161 1 Please see attached document from E- Procurement. It appears as though "Lite Oak Landscaping" is our lowest bidder. I will review qualifications with Purchasing for License requirements /Insurance Requirements — as I have not used them on any projects. Please review the numbers and make recommendation. TOTAL BID AMOUNTS: Lite Oak Landscaping 9 $28,123.00 Florida Land Maintenance, Inc. 9 $39,245.00 Hannula Landscaping & Irrigation Inc. 9 $23,822.55 R.L.V. Enterprises Inc. 9 $29,805.07 Superior Landscaping & Lawn Service, Inc. 9 $29,381.50 Garden World of Holiday, Inc. 9 $34,544.13 Hazeltine Nurseries, Inc. 9 $35,661.00 I will refrain from making recommendation for award until we have confirmation of contractor's qualifications and recommendation from your firm as Design Consultant. Note: as this project is under $50,000.00 — should not require BCC Award (Brenda please confirm) Thank you, Darryl Richard, RLA, MSTU Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239 - 530 -6219 Cell: 239 - 253 -9083 darrylrichardO co_llie_rgov.net 9/18/2008 161 1 Pin Solicitation Title: Doral Circle Buffer Landscape & Irrigation Renovation Solicitation Number: Quote 08 -5120 Solicitation Summary I Specifications, Terms, and Conditions I Q &A I Planholders Tabulation Agency: Collier County Purchasing Contact: MikeHauer@Colliergov.net Solicitation Starts: Wednesday, August 13, 2008 10:00:00 AM Eastern Solicitation Ends: Wednesday, August 27, 2008 2:30:00 PM Eastern Q &A Deadline: Friday, August 22, 2008 5:00:00 PM Eastern Submission Method: Electronic Commodity Subcommodity 96052 - Landscaping Services (other) Tabulation Vendors Who Subscribe to Solicitation Commodities: 158 Vendors Who Downloaded Specs: 42 Vendors Who Submitted Solicitation: 7 Item Description: Site Demolitation, Preparation and Disposal in accordance with specifications Item Number: 1 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 1 $2,300.00 LS $2,300.00 Florida Land Maintenance, Inc. 1 $1,000.00 LS $1,000.00 Hannula Landscaping & Irrigation Inc. 1 $2,665.00 LS $2,665.00 R.L.V. Enterprises Inc. 1 $3,250.00 LS $3,250.00 Superior Landscaping & Lawn Service, Inc. 1 $1,380.00 LS $1,380.00 Garden World of Holiday, Inc. 1 $5,875.00 LS $5,875.00 Hazeltine Nurseries, Inc. 1 $3,900.00 LS $3,900.00 Item Description: Wodyetia bifurcata, Foxtail Palm as per specifications Item Number: 2 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 6 $450.00 Each $2,700.00 Florida Land Maintenance, Inc. 6 $525.00 Each $3,150.00 Hannula Landscaping & Irrigation Inc. 6 $270.00 Each $1,620.00 R.L.V. Enterprises Inc. 6 $420.00 Each $2,520.00 Superior Landscaping & Lawn Service, Inc. 6 $375.00 Each $2,250.00 Garden World of Holiday, Inc. 6 $282.24 Each $1,693.44 Hazeltine Nurseries, Inc. 6 $400.00 Each $2,400.00 Item Description: Roystonia regia, Florida Royal Palm as per specifications Item Number: 3 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 2 Florida Land Maintenance, Inc. 2 Hannula Landscaping & Irrigation Inc. 2 R.L.V. Enterprises Inc. 2 Superior Landscaping & Lawn Service, Inc. 2 Garden World of Holiday, Inc. 2 Hazeltine Nurseries, Inc. 2 10 i 61 $660.00 Each $1,320.00 $1,000.00 Each $2,000.00 $450.00 Each $900.00 $720.00 Each $1,440.00 $620.00 Each $1,240.00 $646.02 Each $1,292.04 $600.00 Each $1,200.00 Item Description: Podocarpus macrophyllus as per specifications Item Number: 4 Florida Land Maintenance, Inc. 2400 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 126 $128.00 Each Florida Land Maintenance, Inc. 126 $220.00 Each Hannula Landscaping & Irrigation Inc. 126 $112.50 Each R.L.V. Enterprises Inc. 126 $138.00 Each Superior Landscaping & Lawn Service, Inc. 126 $150.00 Each Garden World of Holiday, Inc. 126 $159.93 Each Hazeltine Nurseries, Inc. 126 $190.00 Each Item Description: Floratam Sod Item Number: 5 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 400 $1.00 SF Florida Land Maintenance, Inc. 400 $1.00 SF Hannula Landscaping & Irrigation Inc. 400 $0.30 SF R.L.V. Enterprises Inc. 400 $0.33 SF Superior Landscaping & Lawn Service, Inc. 400 $0.39 SF Garden World of Holiday, Inc. 400 $0.40 SF Hazeltine Nurseries, Inc. 400 $0.39 SF Item Description: Bahia Sod Item Number: 6 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 2400 $0.65 SF Florida Land Maintenance, Inc. 2400 $0.50 SF Hannula Landscaping & Irrigation Inc. 2400 $0.19 SF R.L.V. Enterprises Inc. 2400 $0.22 SF Superior Landscaping & Lawn Service, Inc. 2400 $0.27 SF Garden World of Holiday, Inc. 2400 $0.30 SF Hazeltine Nurseries, Inc. 2400 $0.20 SF Item Description: Mulch, as per specificatons $16,128.00 $27,720.00 $14,175.00 $17,388.00 $18,900.00 $20,151.18 $23,940.00 $400.00 $400.00 $120.00 $132.00 $156.00 $160.00 $156.00 $1,560.00 $1,200.00 $456.00 $528.00 $648.00 $720.00 $480.00 Item Number: 7 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 550 $3.78 Bags $2,079.00 Florida Land Maintenance, Inc. 550 $4.00 Bags $2,200.00 Vendor Grand Totals Vendor Company Items Bid On Grand Total Lite Oak Landscaping 9 $28,123.00 Florida Land Maintenance, Inc. 9 $39,245.00 Hannula Landscaping & Irrigation Inc. 9 $23,822.55 R.L.V. Enterprises Inc. 9 $29,805.07 Superior Landscaping & Lawn Service, Inc. 9 $29,381.50 Garden World of Holiday, Inc. 9 $34,544.13 Hazeltine Nurseries, Inc. 9 $35,661.00 This solicitation has no admin fields. 161. c� Hannula Landscaping & Irrigation Inc. 550 $3.75 Bags $2,062.50 R.L.V. Enterprises Inc. 550 $5.00 Bags $2,750.00 Superior Landscaping & Lawn Service, Inc. 550 $6.00 Bags $3,300.00 Garden World of Holiday, Inc. 550 $3.25 Bags $1,787.50 Hazeltine Nurseries, Inc. 550 $4.00 Bags $2,200.00 Item Description: Toro 570Z- PRX -06P in accordance with specifications Item Number: 8 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 37 $36.00 Each $1,332.00 Florida Land Maintenance, Inc. 37 $35.00 Each $1,295.00 Hannula Landscaping & Irrigation Inc. 37 $41.05 Each $1,518.85 R.L.V. Enterprises Inc. 37 $41.11 Each $1,521.07 Superior Landscaping & Lawn Service, Inc. 37 $37.50 Each $1,387.50 Garden World of Holiday, Inc. 37 $58.85 Each $2,177.45 Hazeltine Nurseries, Inc. 37 $35.00 Each $1,295.00 Item Description: Bubblers as per specifications Item Number: 9 Vendor Company Quantity Unit Price Unit of Measure Subtotal Notes Lite Oak Landscaping 8 $38.00 Each $304.00 Florida Land Maintenance, Inc. 8 $35.00 Each $280.00 Hannula Landscaping & Irrigation Inc. 8 $38.15 Each $305.20 R.L.V. Enterprises Inc. 8 $34.50 Each $276.00 Superior Landscaping & Lawn Service, Inc. 8 $15.00 Each $120.00 Garden World of Holiday, Inc. 8 $85.94 Each $687.52 Hazeltine Nurseries, Inc. 8 $11.25 Each $90.00 Vendor Grand Totals Vendor Company Items Bid On Grand Total Lite Oak Landscaping 9 $28,123.00 Florida Land Maintenance, Inc. 9 $39,245.00 Hannula Landscaping & Irrigation Inc. 9 $23,822.55 R.L.V. Enterprises Inc. 9 $29,805.07 Superior Landscaping & Lawn Service, Inc. 9 $29,381.50 Garden World of Holiday, Inc. 9 $34,544.13 Hazeltine Nurseries, Inc. 9 $35,661.00 This solicitation has no admin fields. 161 1 -ry�� Commercial Land Maintenance JNVOIC810' 1006054 Full Service Landscape Management 3980 Exchange Ave. - Naples, FL 34104 CUSTOMER NO. Office: (239) 643 -6205 - Fax: (239) 643 -5012 E -mail: commiandVaol.com f-1, BILL TO: 'y r Collier County dept of Transportation 3301 East Tamiarrd Trail Naples, Ft 34142 Lely - 043676 12-/1712007 UANTITV 4500087097 Net 30 LELY - ST. ANDREWS BOULEVARD MEDIANS FOUR 7M7 THROUGH TEN MEDIAN TIP PROJECT 16 Purchase and install Crape Myrtle, 45- gallon _ (Foxtail 388.01 6,208.16 Palm, 30- gallon) 16 Purchase and install Live Oak, 45- gallon (Foxtail Palm, 498.87 7;981.92 45- gallon) 16 Purchase and install Foxtail Palm, 65- gallon 720.58 19,529.28 6 Irrigation Technician Supervisor Labor to install one bubbler 57.64 345.84 at each new palm and adjust existing irrigation and test systems. 6 Irrigation Technician Labor to assist 38.81 232.86 Work completed as per approved estimate E1001597 N P l' ,d,01F TOTAL 1 $26,292- THANK YO U? WE APPRECIATE YO UR B USINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID t i 3 161 1 p�9 Commercial Land Maintenance INVOICANO. Full Service Landscape Management 3980 Exchange Ave. • Naples, FL 34104 CUSTOMER NO. Office: (239) 643 -6205 • Fax: (239) 643 -5012 E -mail: commland@aol.com BILL TO: Collier County Dept of Transportation 3301 East Tarriand Trail Naples, Fl 34112 Lely - 04 -3676 4A2"4 4/3012448 4500087097 1 Net 30 LELY IRRIGATION BID 32 Irrigation Technician Supervisor Labor to install (1) Scorpio at Valley Stream, (1) DC Scorpio at Doral Circle, (1) Scorpk with Bermad at Warren Street. Use existing electric source possible and includes concrete pads for each. 32 Irrigation Technician Labor to assist 1 Reimbursement for concrete, conduit and miscellaneous fittings materials purchased (cost + 50%9 BERMAD VALVES TO BE PROVIDED BY THE COUNTY. Please Note: The estimated work hours may be higher or lower depending on actual hours expended. ;N =IW NCE MIL 57 -64 1,844.48 38.81 1,241.92 116.44 116.44 TOTAL THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID $3,202 RECEIVED JUL 2 0 2009 Board of County Commissioners Ittl 161 Fiala Halas Henning Coyle Coletta GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 November 20, 2008 Minutes I. The meeting was called to order by Bob Slebodnik at 4:04 PM. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst, Michelle Arnold - ATM Director, Rhonda Cummings - Purchasing, Brenda Brilhart - Purchasing Others: Mike McGee - McGee & Associates, Jim Fritchey - Commercial Land Maintenance, Darlene Lafferty - Mancan III. Approval of Agenda Add: X11. A. Lely MSTU 5 Year Plan for Projects and Budgeting considerations lX. A. Solar Panel on Augusta & Forest Hills Blvd. lX. B. New Flag for front entrance on St. Andrews & US41 Vlll. B. Purchasing Report on Landscape Architectural Services Kathleen Dammert moved to approve the agenda as amended. Second by Bob Cole. Motion carried unanimously 5-0. IV. Approval of Minutes: September 18, 2008 Change: Page 2, Paragraph 4 should read - He pointed out lights were out on the sign and on 4- street lights "at Doral Circle." Tony Branco moved to approve the September 18, 2008 minutes as amended. Second by David Larson. Motion carried unanimously 5 -0. V. Landscape Maintenance Report - CLM Jim Fritchey reported • Routine Maintenance was being conducted • Plant replacements were requested by Mike McGee Misc. Comes: Robert Slebodnik commended CLM on a job well done. Date: hem t � w Pigs 10: 161 Jim Fritchey reported that Im atients ( mix ed bouquet) would be installed �I at the front entry. VI. Landscape Architect's Report — Michael McGee reported the following Requested a proposal for Zanadu replacements (in front) Requested a proposal to correct dry areas - i. Removal of the dry turf ii. lower the ground elevation iii. apply fresh mulch + At the entryway of US41 a dirt/sand mound (between the road and sidewalk) was disturbed due to construction vehicles parked on the area. The dirt on the sidewalk was a hazard Robert Slebodnik replied that new sod was installed to the area prior to construction. Stated he previously inquired which contractor was responsible. Darryl Richard responded that Road and Bridge has not responded as to which contractor dumped the dirt/sand. Robert Slebodnik questioned the lingering orange flags (3 months.) Mike McGee noted the Contractor who pulled the last ticket for the location was responsible for removal of the flags. He suggested contacting the Locate (Department) to determine the Contractor involved. Darryl Richard would follow up with Florida One. A. Doral Survey re- guarding Fence / new fence design with cost estimates — Mike McGee and Darryl Richard reported » Onsite meeting was conducted with the Contractor » County Surveyors staked the County ROW lines to distinguish which portions of the fence (on Private property) were in the ROW » Visit with Property owners was required to determine if there were any objections » County Surveyors questioned the accuracy of the RWA Survey » Reconfirmed removal of the Fence if located in the ROW » Hannula Landscaping was researching Plant materials B. Median Proposals — Robert Slebodnik confirmed that the Plant replacements were complete. VII. Budget Report A. Budget Committee — Carolyn Soto & Bob Cole Budget Report was distributed and reviewed. (See attached) • Operating Expense Available $152,079.11 • Improvements General remaining P.O. $23,822.55 (Hannula) • Available Improvements General $177,377.45 Discussions ensued concerning the $5852.00 Mulch and it was confirmed that the amount was for one application. Michelle Arnold announced the County was testing another type of Mulch in the County Medians. She stated that the cost was higher per bag however it required fewer applications and would report the performance to the Committee. N 161 lb�y VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed. (See attached) • (L-43) Doral Circle & Rattlesnake Hammock Wall & Landscaping - Previously discussed V11. A. Reported Final Inspection - 21212009 • (L-44) Ongoing Maintenance Contract: CLM - 980 day extension to March 2009 • Reviewed the To Do List (See attached) — (41) CLM was requested to power wash the Bridge. The accomplishment of only 5 items remaining (46 total items) on the To Do List was noted. B. Purchasing Report on Landscape Architectural Services — Brenda Brilhart and Rhonda Cummings reviewed the following — o Contract Policy ensured all qualified Vendors were awarded Contracts on an annual rotational basis o Awarded 5 Vendors (See attached) o Contacts were awarded alphabetically — McGee & Associates was under a current Work Order and would continue with Lely MSTU through 2009 Robert Slebodnik questioned what occurs if a Contract expires during the middle of a Project. It was determined that an existing Work Order would remain open until completion. Darryl Richard requested a Scope of Services from McGee & Associates for the term of January 1, 2009 to December 31, 2009. IX. Housekeeping Items — Robert Slebodnik reported - » FPL light on St. Andrews was repaired — It was requested to report future problems to FPL using the pole number (on the metal tag) » Drainage ditch from Library to Barrington Place Assisted Living - Mowing Complete » Culvert Pipe(s) weed whacking - Complete » Scheduled meeting with Michelle Arnold and Darryl Richard to discuss Future Projects and Budget requirements for a 5 year forecast Discussions developed on probable increased traffic flow after completion of the St. Andrews extension and on current speeding issues in the Community. It was noted that the Civic Association was responsible for speed bump installation and the status was requested. Tony Branco perceived that in lieu of installing speed bumps it would be more effective to employ alternative methods (Plantings & Median changes.) Michelle Arnold stated that a meeting with the Civic Association would be scheduled to suggest traffic calming devices. Discussions continued and the installation of paver crosswalks with in- ground LED lights was questioned. 3 161 Tessie Sillery replied that LED lights were in the approval process. She reported that the Bayshore MSTU installed crosswalks with Thermo Plastic Logo(s) Robert Slebodnik suggested uniting with the Civic Association as a joint Project (for funding.) Darryl Richard gave an estimated installation cost for (2) crosswalks — o Construction cost - $139,000 • Design Cost - $6,000 • Included stamped logo Robert Slebodnik distributed and reviewed a Property Tax Information sheet FY2008. (See attached) He suggested the implementation of a Hurricane /Disaster Fund. It was reported that the Flag(s) at St. Andrews were weathered. Tessie Sillery responded that the Flag(s) were in stock. A. Solar Panel on Augusta & Forest Hills Blvd. — Tony Branco reported that the Solar Panel was blocked by overgrown Palm fronds (Augusta & Forest Hills) and require cutback. It was stated that CLM and Darryl Richard would assess the Solar Panel problem. Discussions continued and the suggestion was made to check the battery. It was noted the battery was under a 5 year warranty. Robert Slebodnik left 5:04 Mike McGee suggested a proposal (by CLM) to re -grade and install Bahia Sod at the Front area. Darryl Richard was in agreement and suggested the inclusion of sidewalk cleaning to remove soil at the corner of ST. Andrews and US41. Robert Slebodnik returned 5:07 It was agreed to table the CLM proposal to establish if a TECM Project (installation of a turn lane) was evolving. B. New Flag for front entrance of St. Andrews & US41 — Previously discussed IX. X. Committee Reports — None XI. Old Business A. Future Beautification Projects List — Committee input was requested for the December 18, 2008 meeting. 1. The Doral Circle Road ROW Buffer Area — None 2. Other Projects -None XII. New Business - None 4 k1l 16 A. 5 Year Plan for Projects and Budget Considerations — Previously discussed lX. XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:15 P.M. Lely Golf Estates Beautification MSTU Advisory Committee Robert Sle�nik, Chairman These minutes approved by the Committee on as presented or amended The next meeting is scheduled for December 18, 2008 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 161 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 November 20, 2008 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Add. X11. A. Lely MSTU 5 Year Plan for Projects and Budgeting considerations IX. A. Solar Panel on Augusta & Forest Hills Blvd. 1X. B. New Flag for front entrance on St. Andrews & US41 Vlll. B. Purchasing Report on Landscape Architectural Services Kathleen Dammert moved to approve the agenda as amended. Second by Bob Cole. Motion carried unanimously 5-0. IV. Approval of Minutes: September 18, 2008 Change: Page 2, Paragraph 4 should read — He pointed out lights were out on the sign and on 4- street lights "at Doral Circle." Tony Branco moved to approve the September 18, 2008 minutes as amended. Second by David Larson. Motion carried unanimously 5-0. VIII. Housekeeping Items — Robert Slebodnik Discussions developed on probable increased traffic flow after completion of the St. Andrews extension and on current speeding issues in the Community. It was noted that the Civic Association was responsible for speed bump installation and the status was requested. Tony Branco perceived that in lieu of installing speed bumps it would be more effective to employ alternative methods (Plantings & Median changes.) Michelle Arnold stated that a meeting with the Civic Association would be scheduled to suggest traffic calming devices. Discussions continued and the installation of paver crosswalks with in- ground LED lights was questioned. Tessie Sillery replied that LED lights were in the approval process. She reported that the Bayshore MSTU installed crosswalks with Thermo Plastic Logo(s) Robert Slebodnik suggested uniting with the Civic Association as a joint Project (for funding.) Darryl Richard gave an estimated installation cost for (2) crosswalks — o Construction cost - $139,000 o Design Cost - $6,000 0 Included stamped logo 1 b(I 4 _ 161 C� Landscape Architecture November 24, 2008 Mr, Darryl Richard, RLA, Project Manager Lely Golf Estates Beautification, M.S.T.U. Collier County Traffic Operations and Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Subject: Grounds Maintenance and Certified Arborist Consulting Services as permitted by the Fixed Term Professional Landscape Architectural Services Contract 008 -5060. Request for Fiscal Year 08/09 Lely Golf Estates M.S. T. U. 2008-017PR Dear Mr. Richard, As requested the following is presented for your review and approval. The maintenance consulting services will be provided on a monthly basis generally coordinated with the M.S.T.U. Advisory Committee monthly meetings. The limited refurbishment design services will be quoted on a per project basis due to the unknown requirements of the work to be performed. McGee & Associates agrees to provide the following services from January 1, 2009 through December 31, 2009: Monthly Services • Perform on -site observations of M.S.T.U. areas with the Maintenance Contractor and/or Contract Manager. • Provide written and /or oral comments and recommendations based upon on -site observations of the M.S.T.U. areas addressing, improvements, landscape plant and irrigation maintenance problems or deficiencies. • Comment on the performance of the maintenance Contractor in regards to the required contracted specifications. • Attend monthly M.S.T.U. meetings. Upon Reauest umftd Refurbishment Design Services • Provide refurbishment design services and observation of installation as requested Required Miscellaneous Services • Provide assistance in developing the contract maintenance specifications. • Provide certified Arborist consulting. • Meet with Contract Manager to review and provide comments for annual maintenance specifications updating for contract and /or bidding purposes. • Attend maintenance pre -bid meetings and assist in preparing any necessary addendum. • Interact periodically during the month with the Contract Manager. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 " Fax (239) 417 -0708 LC 098 " FL 1023A 1* 161 1l�j19 Page II Lely Golf Estates M.S.T.U. Grounds Maintenance Consulting November 24, 2008 2008 -017PR Required Miscellaneous Services (continued) a Provide review and comments on: • Bids and Committee agenda items • New products when requested by the Contractor and/or Contract Manager • Maintenance Contractors ornamental spray program Based upon the previous years general scope of services and past experience with providing the maintenance consulting services; McGee & Associates will provide monthly Maintenance Consulting Services for a fee of $6,936.00. Maintenance Consulting Services Unit Rate Cost Principal /Senior L.A. 40 $128.00 $5,120.00 (Time & Materials) AutoCADTechnician 8 $ 62.00 $ 496.00 (Time & Materials) Administrative 24 $ 55.00 $1,320.00 (Time & Materials) $6,936.00 Total The limited refurbishment design services will be billed as time and material only upon written request for services. Due to the unknown requirements of the work to be performed, we would estimate the annual services to be $2,563.00 Limited Refurbishment Design Services Unit Rate Cost Principal/Senior L.A. 14 $128.00 $1,792.00 (Time & Materials) AutoCADTechnician 8 $ 62.00 $ 496.00 (Time & Materials) Administrative 5 $ 55.00 $ 275.00 (Time & Materials) $2,563.00 Total Total amount of Fees .................. ......................$8,499.00 If you should have any questions or need further information please contact me any time. We look forward to working with your Department while improving and maintaining our roadways. Cordially, Michael A. McG I.a. President, McG & Associates LC 098 Landscape Architecture November 20, 2008 Mr. Daryl Richard, Project Manager Collier County Transportation Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 16 i i �,y Subject: Proposal of Landscape Architectural Services for Lely Golf Estates M.S.T.U., Project Name: Doral Circle Entrance Renovation Concept, 2008 -023PR Dear Mr. Richard: As requested McGee & Associates is providing the following proposal of services for your review and approval. McGee & Associates (M & A) agrees to provide the following "Scope of Services" related to the conceptual design for the proposed Landscape Beautification project at Doral Circle. The project area will be defined generally as the area between the platted right -of -way lines for the roadway (Dora) Circle), from Rattlesnake Hammock Road to the north side of the drainage canal bridge. See attached "Project Man Hour and Fee Support Calculations ", Sheet 1 for design service hours and costs. Scope of Services 1.1 Planning Review existing roadway construction record drawings, existing utilities and contact utility agencies, and existing site conditions; along with future proposed roadway improvements and adjacent property improvements in order to develop a generally current set of cad base maps for design purposes. Base map information will be derived from existing on- site conditions, aerial photos and record drawings information provided by Collier County and /or utility agencies with utilities within the project area. This proposal includes no surveying and base maps will not include exact field location of any utilities or objects in the project area. If plans need an engineer to sign and seal the plans that will be an additional cost, and is not included in this proposal. Research and review applicable Collier County and F.D.O.T. ordinances, codes, standards, indexes and or regulations related to landscape and irrigation installation within roadway rights -of -way areas. Streetscape design and installation to generally comply with Collier County Construction in Public Right -of -way Ordinance 93 -64 Construction Standards Handbook latest edition. Collier County is responsible for providing current as- built/record drawings and electronic cad files to McGee & Associates. If cad files or information provided by the County is found to be not current or per the on -site conditions then McGee and Associates will submit an additional services proposal to provide services to acquire accurate in field information to be included in the development of the base maps for the Landscape Beautification project. 2.1 Conceptual Plan 2.1.1 Prepare necessary landscape conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, in order to convey the design intent developed by M & A and receive approval by Collier County. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East ! P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A Page 2, Rev 11/20/2008 16 1 jq Darryl Richard, Project Mgr. 1 Lely MSTU Doral Cr. Proposal- 2008 -023PR 2.1.2 Prepare necessary irrigation conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, to convey the design intent developed by M S A and receive approval by Collier County. 2.1.3 Develop opinion of costs related to the approved final conceptual plans to determine if project is within proposed budget. 3.1 Reimbursables Per Design services "Professional Landscape Architectural Services" Contract #04 -3614. 4.1 Estimated Design Services Schedule 4.1.1 M & A shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Days listed are working days, excluding weekends, and official holidays. Task Description 1.1 through 2.1 Design Start: To Be Determined 60% Plans Submittal: 30 days from notice to proceed Review Comments 7 days from submittal 90% Plans Submittal: 15 days from review comments Review Comments 7 days from submittal Final Plan Submittal: 7 days from review comments chael A. McGee, r Date: President, McGe Associates. LC 098 ib 1 1 I�Ji g000� �00$go m o O � fA W w iA N 1A M M w N N Z LU J W J U- 0 0. E �n w Q J O N C9 m pp m w J D w N N 1- 1- b9 N O O O O O O O pLL O �Op oO pOj iD Wto w HMO (D (V w rW 4V at Q N w 0 m w O W LL N W F H d 0 W 2 0 0 0 0 0 0 0 0 0 0 S L O O In to kPl fA Y9 O O N 'A bi O O W Q W O W �N N N M LL /Y w Z 0 M N f a CL 4 = o0 00 0 (n Z w O» w o m O w p W w in L G o LL w N Q J Q � U LU 8 Q U _ �! L z F-oW K N LL Cam/ Q• O a L Q U w (» to to N O d () f» M w FA N N O O O o o O o O O O O G. U Q= o o ga= z N A o a8S0$ Soot$ O �"� Lij d LL. 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M 4A 4A to 4.9 4A 40 4A 4A 44 49 4A 4A 40 n ID t V i W Cn O d d OD W al W W OD i CA N O W O CD CD Cn O O O, C] -+ pN CJi A V ODD O A O O O O O � I I i ; i to to to ifl w o_w 0) co 8 fA 4A to 4A 4A _ N N O W CJI �iwt0O W g C, i 000(0 p i Q O O . A 3 3 A 4H IW 49 I m co V - ' N 49 40 4A 49 d A v O -� i W CO O 0' CD � W CvJt O l Pm O m ,n r M Cr z� Ni O C 0 co 161 1 YJiq November 20, 2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L -43) : ACTIVE — (POC: Darryl Richard) — Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 11 -7 -07: WO # TLO -MA- 3614 -08 -02 - $ 2, 490.00 for this project— WO in process of requesting signatures. 124-07: PO Issued and WO approved. 12- 20 -07: Initial plan review received by Pam Lulich, RLA, plans require revision. 1 -7 -08: Project is under staff review — pending committee review at their next meeting. 2 -6 -08: Meeting scheduled to review right of way — regarding the wall. 2- 21 -08: Official Approval by ROW is pending. As of 2 -21 -08 (3:10 PM) 3 -3 -08: Committee to review recommendation for CDS Permitting. Installation of wall is not permitted through Transportation. 4- 14 -08: Received copy of McGee & Associates Graphic Presentation (presented to Lely Civic Association) which indicates cross - section and layout for proposed planted hedge in lieu of fence or wall. 5-2-08: Stormwater Dept. Disapproved of the conceptual plan. 5- 15 -08: Lely MSTU Committee request staff and Committee chair set up meeting with Commissioner Fiala Regarding Project. Meeting scheduled for 6- 13 -08. 6- 12 -08: ROW Permitting issued Permit 08- 0383 -E for project. Staff will obtain (1) Bid Schedule and (2) Bid Plans from McGee & Associates. Meeting with Commissioner Fiala cancelled per Chairman Request. 9- 18 -08: Quotes Received for Project, Hannula is apparent low quote: *Requires Committee Approval for award. 11- 19 -08: ROW Line has been staked in the field. Staff Liaison to meet with Property Owners to review project. (David Larson to assist) PHASE Start - End Date DESIGN -McGee 2/10/2008 ROW Plan Review 2/10/08 - 2/21/08 Recommendation for CDES Permit MSTU Committee review /recommendation Conceptual Plan submitted by McGee - Denied by Stormwater Mgmt. Dept. Conceptual Plan to be submitted for Committee to review McGee Revised Plans Due Plans submitted to ROW Right Of Way Permit McGee Plan Prep for Bidding Go out for Bid (approx over $50,0000) BID DUE Purchasign Confirmation LVP does not apply BCC APPR Submitted PO Req Hannula $23,822.55 DUE Date: Delivery of Required Insurance Certification 2/22/2008 2/22/2008 5/9/2008 5/1512008 5/30/2008 6/212008 6/16/2008 6 -16-08 - 7 -7-08 7 -10-08 to 8 -11 -08 8/11/2008 10/13/2008 NOT REQUIRED 10/13/2008 10/24/2008 NTP CONST 90 Day Completion Final Completion Inspection 161 11/3/2008 1 b 11/3/2008-2/2/2009 2/2/2009 (L -41): ACTIVE —(POC: Tessie Sillery)—: - McGee & Assoc. Annual Contract: 04 -3614 10 -9 -07: Committee approved McGees proposal for $8,525.00 10- 24 -07: Work Order in progress 11 -6 -07: County staff requested changes in the proposal. 11 -9 -07: Work Order in progress for signatures 12 -4 -07: PO Issued and WO approved. 5- 15 -08: need new Scope of Services Proposal for FY -09 from McGee's Office (pending) 6- 19 -08: Collier County Purchasing Department has informed Liaison Staff the due to new RFP 08 -5060 Fixed Term Landscape Architectural and anticipated award to 5 new vendors (which `un- officially includes the following firms: McGee & Associates, Urban Green Studio, Windham Studio, Inc. ,Goetz & Stropes, WilsonMiller), that Liaison Staff will be required to adhere to the terms of new contract/RFP 08 -5060 and `rotate' selected vendors for solicitation and award of Work Order per terms of Contract 08 -5060. The old Contract 04 -3614 expires on September 20, 2008 and cannot be utilized for the solicitation of services to be provide for FY -09 (beginning Oct. 1, 2008) 7- 17 -08: McGee contract will expire on September 29, 2008. Afterwhich new annual contract will be issued from Purchaseing for Landscape Architectural Services. 9- 18 -08: Annual LA RFP expires on Sept. 20d' (2 days from 9- 18 -08); Purchasing to attend October MSTU Meeting to review issue of new Work Orders based on new RFP pending BCC approval on Sept. 23`d (L -34) - ACTIVE —(POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. — Bid # 04 -3676 — plus 3 renewals. — expires on 9 -28 -08 10- 12 -07: New Fiscal Year 07 -08 — PO issued and NTP given. 4- 18 -08: Emailed the committee members — to review. 6- 19 -08: Staff is coordinating with McGee & Associates to prepare Bid Documents. Purchasing Policy change with `local' vendor preference is to be incorporated into Bid Documents. 7- 17 -08: New Maintenance Contract Document being reviewed by staff (coordination with Purchasing) for bidding. 11- 19 -08: Liaison Staff coordinating with Purchasing for bidding. PHASE Start - End Date Bid Document Preparation - Update of Quantities 4 -15 -08 to 10 -23 -08 Purchasing Bidding 12/1108 - 12/15/08 Novus Deadline 12/17/2008 BCC Approval 1/1312009 NTP (based on quotes) 1/1312009 Purchasing Contract Issue /Review of Contract 1/13109- 2/13109 Contract Issue by Purchasing 2113//09 Notice to Proceed - Maintenance Contract 2/13/2009 (L -39) - - COMPLETED —(POC: Darryl Richard); Irrigation Refurbishment Project 9- 20 -07: Committee requested for Roger Dick — County Irrigation Project Mgr. to attend next meeting. 10- 18 -07: Requested for estimates per Roger & McGee (team work) 11 -7 -07: Roger will review and attend the next Lely Meeting with quotes 12- 10 -07: Still reviewing pricing from AGTRONIX. 12- 20 -07: quote for project by CLM is pending; additional information plans /specifications requested by CLM. Confirmation of Ag- Tronix quotes by McGee pending. 2 16 f 1 j 1 -7 -08: Quote by CLM pending — McGee coordinating details. 1- 17 -08: Committee approved CLM Quote - $3,484.68. 1- 28 -08: PO sent to Agtronix - $12,688.00 total 1- 30 -08: Pam Lulich confirmed committee can not utilize converter and valves. 2- 20 -08: Agronix order received at Commercial Land Maintenance 5 -21 -08 : Completed (L-44) : Complete— (POC: Darryl Richard) —Palm Tree Installation Project: E1001729 Pebble Beach for $27,347.63; and E1001728 Forest Hills for $9,877.22 1- 21 -08: Staff authorized only Pebble Beach estimate per Committee Chair due to insufficient funds in "Incidentals" to cover both estimates. 1- 21 -08: Approval for Forest Hillls is pending Committee action to move monies to "incidentals" 3 -3 -08: Project Complete (L -37) — Completed - POC- (Tessie Sillery) : Bench Facing Lake Project 8- 17 -07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers. 8- 22-07: Concept drawings due Sept. 20" for the committee. 9- 20 -07: McGee did not have drawings completed and will submit drawings to next meeting with costs for wall in order for committee to make decision on other projects. 10- 18 -08: Committee requested clarification of quote. 10- 24 -07: Pending CLM revising and Clarifying Quote 11 -7 -07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 11 -14 -07: Quote for Bench received— Swartz $ 793.80 11 -15 -07: Committee approved and bench is on order. 12 -14 -07: NTP — Swartz Company for Bench 12 -20 -07: Bench order is pending delivery to CLM. 1- 16 -08: Bench is on its way, traveling from Pennsylvania. — will be here sometimes next wed. (L-40) — COMPLETE —(POC: Darryl Richard), - Lift Station Beautification (Baltusrol Course Crossing) 9- 20 -07: Committee approved up to $3,000 for work to be completed by CLM. 10 -16 -07: CLM submitted estimate - $ 3,789.30— over limit committee motioned. 10- 18 -07: Committee approved quote. 10 -18 -07: Committee request McGee to do design. 11 -7 -07: Darryl and Jim (CLM) will be meeting on 11 -8 -07 to review project. 12 -10 -07: Utilities to address beautification. (L42): COMPLETE - —(POC: Darryl Richard) — Rip Rap- by Cypress Lake Condominium 10- 16 -07: Committee requested Road and Bridge to put rip rap on bank. 12- 10 -07: Repaired and completed. (L -36) - COMPLETE — DESIGN (POC: Darryl Richard): Doral Entrance Enhancements & Wall/Fence Project; Schedule: 7- 19 -07: Committee approves $5,000.00 for survey of project area Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project. 8- 16 -07: Update: RWA gave estimate for $ 7,900.00 and from staff recommendation for mstu members to make an amendment to previous motion from $5,000. to $7,900. 8- 17 -07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than $5,000 to spend on survey. Also, looking at County paying (rattlesnake hammock funds) for the maintenance (Pam Lulich attended meeting and gave other landscape options) wall vs landscaping 161 1 f�J 11 8- 22 -07: Received estimate at $4,900 from RWA and will work order in process. 9 -7-07: Rec'd WO from Vendor and in Work Order Process for additional signatures. 9- 20 -07: Rec'd PO 9- 24 -07: NTP - start date 9 -24-07 and Completion date: 11-23-07 - PO # 4500084146 - Dated 9- 20-07) WO # RWA -FT- 3944 -07-0 8 - "Contract 06 -3944 Annual Contract For Roadways" PROJECT SCHEDULE: (L- 38) COMPLETE - -(POC: Darryl Richard); Palm Tree Replacement Project- medians 4 to 10 median tips 9- 20 -07: Committee requested CLM to quote project and discuss at next meeting. 10- 16 -08: CLM submitted estimates for upcoming meeting. 10 -18 -07: Committee, staff and McGee discussed quotes and requested clarification. 11 -7 -07: Darryl and Jim (CLM) will be meeting on I1 -8 -07 to review project. 11- 15 -07: Project approved by committee and staff- contractor to proceed with annual contract. 1 -4 -08: Project Completed. (L -33) - COMPLETE -(POC: Darryl Richard); Doral Circle Entry Feature Development; Includes installation of fence along Rattlesnake Hammock Road and adjoining entry features. 5- 17 -07: Committee votes to commit $2,500 in consulting fees to McGee for project. McGee will bring recommendations to 6 -21 -07 regular meeting. 6- 15 -07: Project Complete (L -22) - COMPLETE -(POC: Darryl Richard); (PROJECT PRIORITY #4 AS PER 11 -17 -06 MEETING) Augusta Boulevard at Forest Hill Planting Project - SCHEDULE: Lely MSTU: Augusta at Forest Hill - Landscape & Irrigation PHASE Start - End Date Committee Approval for Hannula quote 4/19/2007 BCC APPR not required (105 K estimate by McGee) NTP CONST 5/11/2007 60 DAY Substantial Completion 7/11/2007 90 DAY CONST 5/11/2007 - 8/10/2007 CONST- COMPLETE 8/10/2007 Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5- 30 -06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase II is completed. 7- 18 -06: Committee has placed project on hold until phase II completes. 8- 22 -06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11- 16 -06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12- 14 -06: MSTU Committee selects to include golf cart crossing area into project. 1- 17 -07: Meeting with Golf Course Superintendent Allan Cooper to review project. 1- 18 -07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is available for use by the MSTU for project. 2- 14 -07: Request for Quote sent out - deadline March 9h, 2007 3- 15 -07: Committee to review quotes and select lowest quote. 4- 10 -07: Hannula is apparent low quote - Committee approval pending for $25,908.81 4- 17 -07: Committee approved for Hannula to do the job. 4- 30 -07: PO Request in process 5- 11 -07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22, 2007. Meetings to re -occur each week on Tuesday's (L -32)- COMPLETE - (POC: Tessie Sillery); Refurbish entrance sign - damaged by fallen palm at St. Andrews Sign. 4 -17 -07 : Committee approved for Lykins PO to be opened to repair sign. Committee asked for more information on deflector plates. 5- 17 -07: Commitment from Lykins was to be complete by May 11, 2007 inspection pending today's drive - through. 5- 17 -07: Project Complete (L -29) - COMPLETE -(POC: Tessie Sillery) - Median Re- Painting By Road & Bridge; As per Committee Request on 11 -16 -06 Road & Bridge needs to paint "4" numbers at each median opening. 12- 20 -06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to paint curbing. 2- 14 -07: Painting not done by Road & Bridge 3- 15 -07: R &B supervisor (Don) will meet with staff to make sure the location of #'s 4- 17 -07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin. 4- 30 -07: Completed (L -30) - COMPLETE - (POC: Tessie Sillery) - Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1-17-07: Facilities Maint. will replace flag today 1- 18 -07: Flags replaced 16 I 1 b9 1- 18 -07: Committee requested for a different size flag 1 -23 -07 : Requested quote from Lykins 2- 10 -07: Single quotes and quotes for two for the committee to approve 2- 15 -07: Committee requested Tessie purchase flags through internet 3- 10 -07: State Flag and American Flags purchased (2 of each) $187.00 3- 15 -07: Flags arrived today...!!! 3- 17 -07: Flags installed — re -order will be on an as needed basis. County replacement flag is on order. (L -25) - COMPLETE —(POC: Darryl Richard); (PROJECT PRIORITY #3 AS PER 11 -17 -06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10- 19 -06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if project is agreeable to Golf Course Management for Construction. I 1- 17 -06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12 -18 -06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12 -18 -06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1- 17 -06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by McGee. 2- 15 -07: Requirments for project are: (1) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existing irrigation heads; Bob Slebodnick will contact AI Cooper and schedule a meeting time for follow -up. 3- 14 -07: Golf Course installing irrigation — 50% complete 4- 10 -07: Project Complete (L -24) - COMPLETE —(POC: Darryl Richard); - (PROJECT PRIORITY #2 AS PER 11 -17 -06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT — Need Committee Action for award of quote 6- 15 -06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re -quote project with clarification concerning the discrepancies. 6- 27 -06: Waiting on quotes. 7- 18 -06: Need a bid tab Schedule from McGee & Associates and electrical engineering 8- 17 -06: Quotes from Annual Contractors for Electrical Installation/Design is pending. 8- 21 -06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8- 21 -06: Owner of Kent Technologies Thom Esch office visit. Thom receives updated copy of plans. 8- 22 -06: Quotes from Annual Contractors is pending. Due date is August 29, 2006. 8- 31 -06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff on 9 -1 -06. 9 -3 -06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County. 9 -5 -06; Bid Schedule revised and sent out. 10- 19 -06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break -down of each line item from E.B. Simmonds. 10 -30 -06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11 -7 -06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re- quoted for $10,350.00 Committee Approval Required. 11 -16 -06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required. 11- 17 -06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12- 20 -06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by Commercial Land Maintance installation of irrigation and landscaping. 1 -17 -07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install. 3 -9 -07: Received Lumec Poles for project 3- 14 -07: Poles picked up by EB Simmons 3- 20 -07: Electrical Installation Completed by E.B. Simmonds 4- 10 -07: Project Completed (L -32) — COMPLETE —(POC: Darryl Richard); Phase III Project: Refurbishment of Median # I and #2 on St. Andrews at entrance to Lely off of US 41. 2 -9 -07: 100% plans received from McGee 2- 15 -07: CLM confirms quote for $8,734.47 for project. 3- 15 -07: Project Completed (L -31) — COMPLETE — Coordination with Ted Weiner — LMA Agreement 1- 13 -07: Letter from Ted Weiner — received and forwarded to Scott Teach 2- 15 -07: No official confirmation received from Weiner that they are baking out of LMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L -23) — COMPLETE - (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER 11 -17 -06 MEETING) Lely Phase II- Landscape and Irrigation; Final 100% Design Approved by FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires checklist approval); Checklist has been submitted to FDOT for approval. 16I 10o 5 -1 -06; FDOT Notice to Proceed is pending. Checklist has been approved. 5- 15 -06; Notice to proceed still pending, checklist has been approved. 5- 30 -06; FDOT NTP and drawings delivered to purchasing – pending advertisement from purchasing. 6 -5 -06: Contract Letting by Purchasing, Bids due by 6- 30 -06; BCC Approval for 7 -25 -06 meeting (Novus Deadline of 7- 10 -06) 6- 12 -06: Bids are due June 30, 2006 – bcc 7 -25 -06 6- 15 -06; Pre -Bid Meeting on June 20, 2006 6- 27 -06; Addendum #I – in progress. 7- 18 -06; BCC to award bid to Vila & Sons – 7 -25 -06 7- 25 -06: BCC Approved Vila & Son Contract 8- 17 -06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of Contract/Purchase Order. 8- 22 -06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9 -1 -06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9 -5 -06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow -up call in 48 hours for confirmation of approval. 9- 19 -06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18, 2006. 11 -6 -06: Vila & Son Pay Application # 1 reviewed and rejected due to non - completion of `Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11 -7 -06: Revised pay application approved for payment. Project is 57 % completed. 1- 17 -07: Substantial Completion Inspection; Punch -List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, ATM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. 2- 21 -07: Confirmation Final Close -out change order is processed (CO #2). (L -26) – COMPLETE - Order for new Sign – Pebble Beach Median #19 8- 17 -06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median # 19 Pebble Beach Drive. 8- 31 -06: Staff request that Lykins provide quote for issue of PO. 9 -8 -06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10 -9 -06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10 -19 -06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA). The sign was originally installed by the HOA. (L -28) – COMPLETE - PEBBLE BEACH OVERPASS PROJECT —Road & Bridge to reconstruct asphalt on overpass. No confirmation of schedule from R& B as of today – 3-6 -06 and as of 5 -15 -06 5- 30 -06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks. 7- 18 -06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8- 17 -06: Lely MSTU Committee request review of project and reconsideration for project schedule. 8- 18 -06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Stormwater. 8- 22 -06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8- 24 -06: Staff meets with Committee Chairman Bob Slebodnik to review project. 9 -1 -06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fund other 50 %. 9- 11 -06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10 -19 -06: As per County Attorney's review and response project is determined to be a `non -MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. (L -25) – COMPLETE - Pending Committee Action - PALM TREE REPLACEMENT – MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms. – 7/18/06: McGee provided quote and committee waiting for phase II before proceeding with project. 8- 17 -06: McGee formal written proposal is pending. 8- 17 -06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting. 8- 22 -06: Written Proposal from McGee is pending. 9- 11 -06: Anticipated delivery date 9 -30 -06 10- 19 -06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to proceed with Project. (L -27) – COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for $760.00 approved by Committee on July 20, 2006. 7- 24 -06: Staff request to purchase for Lykins in the amount of $760.00 8- 17 -06: Lykins installation of sign pending. 8- 22 -06: PO issued to Lykins for installation of sign. Installation to be complete by 2nd week Sept. 8- 31 -06: Proof will be forwarded to Staff on 9 -1 -06 for review. 9 -7 -06; Darryl approved the proof. 9- 22 -06: Lykins begins installation of sign. 10 -1 -06: Lykins installation complete (L -21) COMPLETE - Flag lighting – not working. – Anticipated completion date – September 30th, 2006 8 -17 -06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract– no fee charged 10 -10 -06: Lights reported 100% operational by Committee Chairman 161 i Oil (L -1) — COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal — Travis Gossard contacted regarding request for re- spraying of exotics. 8- 22 -06: Danny Dominguez confirms that the re- spraying of the Canal has taken place. (L -2) — COMPLETE -- Painting of Curbs and Yellow Paint at Median Tips 6- 15 -06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Commercial Land Maintenance proposal. 6- 23 -06: Requested Gerald Morris to let us know — R &B painting schedule and paint in stock? 7 -6 -06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us. 7- 18 -06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything. Just repaint. 7- 18 -06; Will purchase paint at Sherwin Williams and provide to CLM. 7- 20 -06: Paint and materials dropped off to CLM 8- 15 -06: CLM performing painting, curbs completed, painting of numbers not complete 8- 22 -06: Project is completed. (L -3) - COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) — CLM directed to plant crown of thorn at existing sign on July 20, 2006. 8- 14 -06: Inspection indicated that plantings had not occurred CLM contacted. 8- 22 -06: Plantings of Crown of Thom is completed. (L-4) COMPLETE— Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- HOA to fund installation, MSTU to pay for 1/2 of construction cost. 5- 15 -06: Pending Purchasing approval 5- 30 -06: Kent Tech is revising their estimate as per contract. 6- 12 -06: Kent tech has provided requested quote, item being processed by Finance/Purchasing (L -5) - COMPLETE -Lely Phase II- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole w/ 11 poles) =Total Project $40,060.00. E.B. Simmonds is complete, FPL to power up Meter - pending. 5 -1 -06; FPL and EB Simmonds work complete. (L -6) COMPLETE - Potable Water Meter Removal (L 7) - COMPLETE - Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L -8) Flag Replacement- COMPLETED -Flag Order for poles at St. Andrews and US 41 6- 15 -06; as per committee request the flags will be ordered twice a year or "as needed" (L -9) - COMPLETE -Lely Phase I- Complete (3/1/05) - COMPLETED (L -10) - COMPLETE - Drainage Project - Pebble Beach Road- Non -MSTU Project (L -11) - COMPLETE - Drainage Project -St. Andrews Boulevard- Embankment Cleaning- 100% (L -12) COMPLETE- Baltusrol Culvert Inlet Clean-Out 5- 12 -06; Project Competed by Commercial Land Maintenance (L -13) - COMPLETE - Baltusrol Overpass Asphalt Repair — at the request of the Committee Chairman Road & Bridge performed the repair. 3- 10 -06; Project Completed by Road & Bridge (L -14) - COMPLETE - Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2 -2 -06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L -15) COMPLETE- " Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non - planted areas around the existing signs for the entrance into Pinehurst Estates -Lely MSTU Area. 5 -5 -06; Project Completed by Commercial Land Maintenance. (L -16) COMPLETE -Doral Circle: Pepper Tree Removal 6 -1 -06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6- 15 -06; Pepper Tree reported removed (L -17) - COMPLETE -Doral Circle Sign Lighting Project 161 1 0i9 3- 15- 06Project Completed by Kent Technologies under contract with Lely MSTU. (L -18) - COMPLETE -Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds. 2- 10 -06; Project reported complete by Commercial Land Maintenance. (L -19) — On Hold- Phase 1I Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre -Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L -20) —COMPLETE -FLAGPOLE REPLACEMENT— a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sign Companies. 5 -1 -06; PO issue is pending as per Committee Approval. 5- 15 -06; Sign Craft received NTP on 5 -12 -06 and waiting on material order — drawing prepared.- 3 weeks estimated for poles to be received. 6- 12 -06: flag poles to arrive within 1 week. — On site meeting with contract to confirm locations. 6 -15 -06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting. 6 -27 -06 : to be installed by June 30th pending CDS review of construction pad 7 -3 -06: Flag Poles are up with flags. For 41h of July..!!!! &-z 4 1- . )OCA 77C OA Ob3!g` Ll 0.0 O+ 0293 ARpteA s�cor 16 J eo .4 .� 9z /. >I� i i $ IAIA ?'z',e A%N A d- Alm -/31& Cy -pwrss -gAs1w IKS �" 3 7o 70 I-E- -/ O. /-Is -0v 'Zo 0 CD . 64;7/ '9001/-b IZ, 7610 - 7i;T -AZ ALL OCA-M F-0 f- 00 O� '� S'7- 1W sue-; A"& 20 01 O, D o• Z5,4/9 o 22 6��- 2, blO J7 0 OA Ob3!g` Ll 0.0 O+ 0293 ARpteA s�cor 16 J eo .4 .� 9z /. >I� i i $ IAIA ?'z',e A%N A d- Alm -/31& Cy -pwrss -gAs1w IKS �" 3 7o 70 I-E- -/ O. /-Is -0v 'Zo 0 CD . 64;7/ '9001/-b IZ, 7610 - 7i;T -AZ ALL OCA-M F-0 f- 00 O� '� S'7- 1W sue-; A"& 20 01 161 l06 RFP 08 -5060 Fixed Term Landscape Architectural Services Proposed Work Order Award Five Awarded Firms: Starting January 2009 through December 31, 2009 ry� Landscape Architect Y STU 1 A , 3 rt �b s ,i sine i� �SrF T .l Goetz & Stropes Golden Gate JRL Design Immokalee McGee & Associates Lely Urban Green Studio Pelican Bay Windham Studio Radio Road Lely (504 ADVISORY BOARD ATTENDANCE DATE — COMMITTEE MEMBERS Robert Slebodnik Robert Cole Tony Branco David Larson Kathleen Dammert COLLIER COUNTY STAFF Darrel Richard Tessie Sillery Caroline Soto Michelle Arnold Ail- M r, etl r. A (- wo l c� OTHERS Michael McGee – McGee & Associates Jim Fritchey - CLM TIME N 161 1 pew SIGNATURE 1 PUBLIC (Please Print) , r' 16s I_ely MSTU "To Do List" Updated 11 -20 -08 — Lely MSTU — To do List - Tracking .. MR PROYIN _ ............. �; ■- �- ■r - -- . . , my 1 -- _ .r ONION No ■ - - rr. 161 101,'1 09 31) Scope of Services for Phase 11 of Doral Circle Entrance Project (expanded scope to include sides of street and Hibiscus Golf side of entrance to Doral Circle. rAsD.D DO MMITTEE AND RE V I- C-- A ED ON 7_97_98 VED !1 p°7 J Q 6) Robert Slebodnik asked Michael McGee to remove the 2 -gray pipes sticking out by the golf course near the Cart Crossing. David LaFseFl %peftd palm #ends GaYeFinq a SaIaF Panel at Augusta need te Femoved. He pointed eut lights WeFe out 9F; the sign and on 4-stFeet lightS. 38) Robert Slebodnik noted David Larson will be the point person for this project and stated Homeowners need to be notified prior to giving the Notice to Proceed. 39) David LaFsen meved to have a suNeyoF stake the baGk GGFABF6 of 6 lots fAF the 480 dayr, and will send a letter requesting the extension if appFeved by the GerArnittee Robert Slebednik moved to Fequest Sta# extend the I Fe6eAt GGRtFaGt W& GOMMeMial Land 4-97 41) Tony Branco stated the Bridge looked aged and dirty. He suggested having it pressure cleaned or bleached and treated with a water sealer. Discussions ensued on the Bridge and it was decided to clean both sides of the Bridge, add plants and to have Michael McGee provide a Concept Design. VV9Fk QFd QGtebeF 1, 2099. RobeFt Slebe&ik moved te maintain design Motion raFFOed unanknously 4-0. . 16I 1 om RFP 08 -5060 Fixed Term Landscape Architectural Services Proposed Work Order Award Five Awarded Firms: Starting January 2009 through December 31, 2009 A LandscapelArchitect d I �nT U ji Goetz & Stropes Golden Gate JRL Design Immokalee McGee & Associates Lely Urban Green Studio Pelican Bay Windham Studio Radio Road RECEIVED JUL 2 0 2009 Board of County Commissioners It tf Fiala Halas Henni Coyle Colett GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 December 18, 2008 Minutes I. The meeting was called to order by Bob Slebodnik at 4:00 PM. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst, Michelle Arnold - ATM Director Others: Mike McGee - McGee & Associates, Jim Fritchey - Commercial Land Maintenance, Darlene Lafferty - Mancan III. Approval of Agenda Robert Slebodnik announced that he was notified of a procedure change and expressed dissatisfaction with the abolishment of the Chairs' approval of the Minutes prior to distribution. Darryl Richard perceived the issue was still under review by County legal. Darlene Lafferty responded that she was advised that the County Attorney's opinion was to bypass the Chairman's approval as it was a violation of the Sunshine Law. Discussions ensued and it was noted that correcting spelling errors was beneficial and would save time during the meetings. Add. V111. B. RWA Survey - High Cost and Poor Performance IX A. Solar Panel IX. B. Front Entrance Lighting at St. Andrews 1X. C. Flag Poles IX. D. Electrical Outlet at Doral Circle Change: VI. McGee & Associates V1. A. Maintenance Report Vl. B. Doral Circle Entry Renovations Misc. Cares: item t Ko 161 Oil Tony Branco moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 5 -0. IV. Approval of Minutes: November 20, 2008 Change: Page 2, Vll. A. last Paragraph should read — Michelle Arnold announced the County was testing another type of "Fertilizer" in the County Medians. Kathleen Dammert moved to approve the November 20, 2008 minutes as amended. Second by David Larson. Motion carried unanimously 5 -0. V. Landscape Maintenance Report — CLM Jim Fritchey reported routine Maintenance was being conducted Darryl Richard distributed estimates for CLM. He reviewed the Estimate (E1002268) in the amount of $49.89 to prune Royal Palm Fronds that were blocking the Solar Panel. (See attachments) Discussions developed on the Solar Panel and the possibility of a dead Battery. The suggestion was made to perform a voltage reading on the Panel and to check the Battery. The following issues were debated: • Performing a voltage check was improbable without sunlight on the Panel • Trimming fronds to allow sunlight on the Panel would impair the shape of the Royal Palm • The Solar Panel was an eyesore and the original location was selected in an effort to conceal the Panel • Possible locations to relocate the Panel • The Panel was shadowed and not receiving enough light to recharge Discussions continued and it was agreed have an Electrician trouble shoot the Solar Panel and Battery prior to trimming the Palms. It was determined that the Solar Panel may be relocated by installing an underground cable however the battery housing and electronics may stay put. Robert Slebodnik volunteered to confirm with the Golf Course if there was an objection to relocating the Solar Panel. It was noted that if the Solar Panel was moved closer to the Lake an easement may be required. Darryl Richard reviewed CLM Estimate (El 002258) in the amount of $765.16 for installation of Bahia Sod at US41 E. and St. Andrews. He announced that an alternate Contractor was installing the sod and would be paid by the County General Fund. Robert Slebodnik expressed frustration that the Lely MSTU had recently re -sod the area and it was continually in a disturbed state. Michelle Arnold responded that Staff conducted extensive research and was not able to determine which Contractor was responsible for the disturbed area. Subsequently it was ascertained that the County was responsible for the Area of Maintenance. 2 16 ► I VI. Landscape Architect's Report — McGee & Associates, Mike McGee reported: A. Maintenance Report — • Replacement of 2 -3 Impatients was required • Recommended removal of one Foxtail and to replace with mulch (Pebble Beach cart crossing) • Monitoring Sable Palms (Briarcliff) B. Doral Circle Entry Renovations — Reviewed Conceptual Drawing: » Inbound side - i. 10.4 ft. of ROW available ii. Plant materials would be relocated to extend the Hedge as requested by Home owner iii. Ficus Hedge would remain » Outbound side - i. 8.5 ft. ROW available » Options — i. Installation of a striped Bicycle path as an exit point from the sidewalk on Rattlesnake Hammock Rd. a. The Bicycle Path would dead end before entering the Lely Community ii. Installation of Brick Pavers (5 ft. width) in the remaining turf area a. Install a Striped Pedestrian Crosswalk at the termination point of the sidewalks to create a loop and to avoid installation of dead end signs b. Install Inlaid Paver Crosswalk in lieu of Striping (at the termination point of the sidewalks) Discussions ensued concerning the Property Owners Fence and Ficus Hedge. It was stated that the Fence was located on Private Property and the Owner chose to keep the fence. David Larson expressed concern about poor visibility due to the Ficus Hedge. It was stated that removal of the Ficus Hedge was not possible due to the root system. Darryl Richard reported that the Ficus Hedge was trimmed to 6 ft. and would be maintained by the MSTU. Robert Cole questioned adding shrubs or plantings down to the Bridge. Michael McGee replied that review of the irrigation system would be required. He gave a rough estimate of $15,000 to include: Brick pavers (both inbound and outbound sides) Striping 17 Podocarpus Hedge Irrigation Heads 6 Canopy trees Site Prep 3 161 1 pil Darryl Richard reviewed a Proposal from McGee & Associates for the Doral Circle Entry Renovations in the amount of $2,018.00. (See attached) David Larson moved to approve the $2018.00 for McGee & Associates. Second by Kathleen Dammert Motion carried unanimously 5-0. Darryl Richard distributed FY09 Annual Services Proposal from McGee & Associates in the amount of $9499.00. (See attached) Robert Cole moved to approve McGee & Associates Proposal in the amount of $9499.00. Second by Tony Branco. Motion carried unanimously 5-0. Mike McGee inquired if the Committee had comments or changes to the Conceptual Plan. Robert Cole requested Bench replacement(s) at the entrance of Doral Circle (right corner.) Mike McGee replied that removal of the Benches with (1) replacement would be modified on the Plans. It was questioned and agreed that an Inlaid Paver Crosswalk was preferred by the Committee for continuity with the Paver Sidewalks. Mike McGee would note the Inlaid Paver Crossing on the Plan. VII. Budget Report A. Budget Committee — Carolyn Soto & Bob Cole Budget Report was distributed and reviewed. (See attached) • Operating Expense Available $141,679.38 • McGee & Associates FY09 Annual Services $9499.00 was reflected in the Budget (as Pending) Robert Cole moved to approve the December 18, 2008 Budget as presented. Second by David Larson. Motion carried unanimously 5 -0. VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed. (See attached) (L-44) Doral Circle Landscape Project - Proposal was approved under VI. B. (L-43) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design — i. Construction was underway ii. Utilities are flagged. iii. May require (1) truck load of soil due to boulders and rubble a. A Portion of the 15% Contingency Fund would be used for the soil 4 161 iv. Potholing was requested to determine the depth of utilities (from Hannula) (L -34) Ongoing Maintenance Contract: Commercial Land Maintenance — Out for Bid the first or second week of January 2009. A copy would be mailed to the Committee Darryl Richard announced that the BCC had approved mileage reimbursement for Advisory Board Members. (See attached) Darryl Richard stated the Committee Chairman would be presenting the FY09 Advisory Committee /Board Four Year Report in March 2009 to the BCC. (See attached Form) Robert Slebodnik reminded the Committee that the meetings were very beneficial as over the 4 year period two out of four items were accomplished with a third item underway. B. RWA Survey — High Cost and Poor Performance — The following discrepancies in Survey Data for the Doral Fence Project was reported: i. Shrubs were graphically misplaced ii. ROW Property Line was incorrect iii. Half of the Fence (Property Owners) was erroneously located in the ROW Robert Slebodnik requested reimbursement for a portion of the Survey Fees. He noted that the MSTU had paid $10,000.00 plus for Surveys. It was established that documentation from McGee & Associates and In -house Surveyor(s) was needed to address the issue with the Purchasing Department. Robert Slebodnik requested the total amount of dollars spent on Surveys to be addressed at the January 15, 2009 meeting. IX. Housekeeping Items A. Solar Panel — Previously discussed under V. B. Front Entrance Lighting at St. Andrews — The Contractor reported to Darryl Richard that the item was complete. Darryl Richard stated he would inspect the Lighting this evening. Tony Branco expressed the need for an Electrical Contractor who was more responsive to routine maintenance. Darryl Richard would confirm with Purchasing if a Contractor change was possible C. Flag Pole — Tony Branco reported the following » The American and State Flag was replaced » The County Flag required replacement » The American Flag was not flying at full mast due to a wedged rope — CLM was requested to dislodge the rope D. Electrical Outlet at Doral Circle — David Larson stated that an Electrical Outlet was removed and must be replaced. Tessie Sillery noted the Outlet replacement may expedited under the open P.O. with Southern Signal 5 16 1 1 Discussions redeveloped on the Solar Panel. The suggestion was made to request Roger Dick conduct a voltage reading. Discussions ensued on the Procedure change to the Approval of the Minutes. Michelle Arnold requested that Staff submit a written request for clarification to the County Attorney. X. Committee Reports — None XI. Old Business A. Future Beautification Projects List 1. The Doral Circle Road ROW Buffer Area — None 2. Other Projects — The following suggestions were made: Maintain existing Landscaping Continue with Plant material replacements Build Reserves Create Line Item for Disaster Fund i. Mike McGee was requested to submit an estimate for replacement materials Robert Slebodnik moved to direct McGee & Associates to give an estimate of what it would take to reestablish Medians and ROW if they were hit with a Disaster and had to replenish the materials. In addition, to conduct an Inventory of existing (Landscape) materials, as suggested by Mike McGee. Second by Kathleen Dammert Mike McGee recommended including the Decorative Lighting, Benches, and Irrigation in the estimate. Motion carried unanimously 5 -0. B. Future Projects and Budget Considerations - None XII. New Business - None XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:45 P.M. 1 b 1 l Lely Golf Estates Beautification MSTU Advisory Committee r Robert Sleb6drhik, Chairman These minutes approved by the Committee on as presented or amended The next meeting is scheduled for January 15, 2008 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 7 161 (Oil I Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 December 18, 2008 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Add. Vlll. B. RWA Survey — High Cost and Poor Performance IX. A. Solar Panel IX. B. Front Entrance Lighting at St. Andrews IX C. Flag Poles 1X. D. Electrical Outlet at Doral Circle Change: Vl. McGee & Associates Vl. A. Maintenance Report Vl. B. Doral Circle Entry Renovations Tony Branco moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 5-0. IV. Approval of Minutes: November 20, 2008 Change: Page 2, Vll. A. last Paragraph should read — Michelle Arnold announced the County was testing another type of "Fertilizer" in the County Medians. Kathleen Dammed moved to approve the November 20, 2008 minutes as amended. Second by David Larson. Motion carried unanimously Approval of Agenda VI. Landscape Architect's Report — McGee & Associates, Mike McGee B. Doral Circle Entry Renovations Darryl Richard reviewed a Proposal from McGee & Associates for the Doral Circle Entry Renovations in the amount of $2,018.00. (See attached) David Larson moved to approve the $2018.00 for McGee & Associates. Second by Kathleen Dammert Motion carried unanimously 5-0. Darryl Richard distributed FY09 Annual Services Proposal from McGee & Associates in the amount of $9499.00. (See attached) Robert Cole moved to approve McGee & Associates Proposal in the amount of $9499.00. Second by Tony Branco. Motion carried unanimously 5-0. 161 1 bii ADVISORY COMMITTEEBOARD FOUR -YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2009 A. ADVISORY COMMITTEE: B. CHAIRMAN: C. STAFF LIAISON: D. STAFF DIVISION: E. AUTHORITY: F. SUBMITTAL DATE: G: FY 09 REVIEW DATE: H. LAST BCC REVIEW DATE: I. SUMMARY: I -1 Is the Committee/Board serving the purpose for which it was created? I -2 Is the Committee/Board adequately serving current community needs? I -3 List the major accomplishments of the Committee for the preceding 12 -month period. Page 1 of 2 161 1 bo 1 -4 Are there any other committee's or agencies (either public or private) serving, or would better serve the purpose for which the Committee was created? I -5 Should the ordinance creating the Committee /Board be amended to allow the Committee to more adequately serve the purpose for which it was created? I -6 Should the membership requirements be modified? I -7 What is the cost, both direct and indirect, of maintaining the Committee? J: ADDITIONAL BOARD /COMMITTEE COMMENTS: K: STAFF COMMENTS: Page 2 of 2 161 1 /�0 December 18, 2008 Prepared by: Darryl Rich4rd, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L -44) ACTIVE — (POC: Darryl Richard) - Doral Circle Landscape Project (adjacent to Hibiscus Golf Property) McGee Proposal Submitted (dated 11- 20 -08) 12- 18 -08: Lely MSTU Committee to review proposal for $2,018.00 (L -43) : ACTIVE — (POC: Darryl Richard) -- Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 11 -7 -07: WO # TLO -MA- 3614 -08 -02 - $ 2, 490.00 for this project— WO in process of requesting signatures. 12 -4 -07: PO Issued and WO approved. 12- 20 -07: Initial plan review received by Pam Lulich, RLA, plans require revision. 1 -7 -08: Project is under staff review — pending committee review at their next meeting. 2 -6 -08: Meeting scheduled to review right of way — regarding the wall. 2- 21 -08: Official Approval by ROW is pending. As of 2-21-08 (3:10 PM) 3 -3 -08: Committee to review recommendation for CDS Permitting. Installation of wall is not permitted through Transportation. 4- 14 -08: Received copy of McGee & Associates Graphic Presentation (presented to Lely Civic Association) which indicates cross - section and layout for proposed planted hedge in lieu of fence or wall. 5 -2 -08 : Stormwater Dept. Disapproved of the conceptual plan. 5- 15 -08: Lely MSTU Committee request staff and Committee chair set up meeting with Commissioner Fiala Regarding Project. Meeting scheduled for 6- 13 -08. 6- 12 -08: ROW Permitting issued Permit 08- 0383 -E for project. Staff will obtain (1) Bid Schedule and (2) Bid Plans from McGee & Associates. Meeting with Commissioner Fiala cancelled per Chairman Request. 9- 18 -08: Quotes Received for Project, Hannula is apparent low quote: *Requires Committee Approval for award. 10- 22 -08: Notice to Proceed sent to Hannula 11- 13 -08: Field Meeting to review project; identification of planting areas for new plantings 11- 20 -08: ROW Line Located by Surveyor 12- 02 -08: All residents had responded to review of plans as submitted. All residents have approved. 12- 05 -08: Field Meeting to review project; identification of demolition areas /plants 1 0611 U_\4 :1 hl_�u[�lilal� Lite Oak Landscaping 9 $28,123.00 Florida Land Maintenance, Inc. 9 $39,245.00 "Hannula Landscaping & Irrigation Inc. 9 $23,822.55 R.L.V. Enterprises Inc. 9 $29,805.07 Superior Landscaping & Lawn Service, Inc. 9 $29,381.50 Garden World of Holiday, Inc. 9 $34,544.13 Hazeltine Nurseries, Inc. 9 $35,661.00 16 (L -41): ACTIVE -4POC: Tessie Sillery) - -: - McGee & Assoc. Annual Contract: 04 -3614 10 -9 -07: Committee approved McGees proposal for $8,525.00 10- 24 -07: Work Order in progress 11 -6 -07: County staff requested changes in the proposal. 11 -9 -07: Work Order in progress for signatures 12 -4 -07: PO Issued and WO approved. 5- 15 -08: need new Scope of Services Proposal for FY -09 from McGee's Office (pending) 6- 19 -08: Collier County Purchasing Department has informed Liaison Staff the due to new RFP 08 -5060 Fixed Term Landscape Architectural and anticipated award to 5 new vendors (which `un- officially includes the following firms: McGee & Associates, Urban Green Studio, Windham Studio, Inc. ,Goetz & Stropes, WilsonMiller), that Liaison Staff will be required to adhere to the terms of new contract/RFP 08 -5060 and `rotate' selected vendors for solicitation and award of Work Order per terms of Contract 08 -5060. The old Contract 04 -3614 expires on September 20, 2008 and cannot be utilized for the solicitation of services to be provide for FY -09 (beginning Oct. 1, 2008) 7- 17 -08: McGee contract will expire on September 29, 2008. Afterwhich new annual contract will be issued from Purchaseing for Landscape Architectural Services. 9- 18 -08: Annual LA RFP expires on Sept. 20`s (2 days from 9- 18 -08); Purchasing to attend October MSTU Meeting to review issue of new Work Orders based on new REP pending BCC approval on Sept. 23`d (L -34) - ACTIVE —(POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. — Bid # 04 -3676 — plus 3 renewals. — expires on 9- 28 -08; Contract Extended to March 27. 2009 (on 9/19/08) 10- 12 -07: New Fiscal Year 07 -08 — PO issued and NTP given. 4- 18 -08: Emailed the committee members — to review. 6- 19 -08: Staff is coordinating with McGee & Associates to prepare Bid Documents. Purchasing Policy change with `local' vendor preference is to be incorporated into Bid Documents. 7- 17 -08: New Maintenance Contract Document being reviewed by staff (coordination with Purchasing) for bidding. F 161 (L -39) - - COMPLETED —(POC: Darryl Richard); Irrigation Refurbishment Project 9- 20 -07: Committee requested for Roger Dick — County Irrigation Project Mgr. to attend next meeting. 10- 18 -07: Requested for estimates per Roger & McGee (teamwork) 11 -7 -07: Roger will review and attend the next Lely Meeting with quotes 12- 10 -07: Still reviewing pricing from AGTRONIX. 12- 20 -07: quote for project by CLM is pending; additional information plans /specifications requested by CLM. Confirmation of Ag- Tronix quotes by McGee pending. 1 -7 -08: Quote by CLM pending — McGee coordinating details. 1- 17 -08: Committee approved CLM Quote - $3,484.68. 1- 28 -08: PO sent to Agtronix - $12,688.00 total 1- 30 -08: Pam Lulich confirmed committee can not utilize converter and valves. 2- 20 -08: Agronix order received at Commercial Land Maintenance 5 -21 -08 : Completed (L-44) :Complete - (POC: Darryl Richard) -Palm Tree Installation Project: E1001729 Pebble Beach for $27,347.63; and E1001728 Forest Hills for $9,877.22 1- 21 -08: Staff authorized only Pebble Beach estimate per Committee Chair due to insufficient funds in "Incidentals" to cover both estimates. 1- 21 -08: Approval for Forest Hillls is pending Committee action to move monies to "incidentals" 3 -3 -08: Project Complete (L -37) - Completed - POC- (Tessie Sillery) : Bench Facing Lake Project 8- 17 -07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers. 8- 22 -07: Concept drawings due Sept. 20'6 for the committee. 9- 20 -07: McGee did not have drawings completed and will submit drawings to next meeting with costs for wall in order for committee to make decision on other projects. 10- 18 -08: Committee requested clarification of quote. 10- 24 -07: Pending CLM revising and Clarifying Quote 11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project. 11- 14 -07: Quote for Bench received - Swartz $ 793.80 11- 15 -07: Committee approved and bench is on order. 12- 14 -07: NTP - Swartz Company for Bench 12- 20 -07: Bench order is pending delivery to CLM. 1- 16 -08: Bench is on its way, traveling from Pennsylvania. - will be here sometimes next wed. 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CUSTOMER NO. 16 t 1�jo E1002258 THANK YOU. WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • Naples, FL 34104 Office: (239) 643 -6205 • Fax. (239) 643.5012 E -mail: info@cornmlandmaint.net BILL TO: Collier County Dept of Transportation 3341 East Tamiami Trail Naples, F134112 162644 - 634999 161 1fhO ESFIMA Finn E1002268 CUSTOMER NO. THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID 7X57ee & 16 1 I Landscape Architecture November 20, 2008 Mr. Darryl Richard, Project Manager Collier County Transportation Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 Subject: Proposal of Landscape Architectural Services for Lely Golf Estates M.S.T.U., Project Name: Doral Circle Entrance Renovation Concept, 2008 -023PR Dear Mr. Richard: As requested McGee & Associates is providing the following proposal of services for your review and approval. McGee & Associates (M & A) agrees to provide the following "Scope of Services" related to the conceptual design for the proposed Landscape Beautification project at Doral Circle. The project area will be defined generally as the area between the platted right -of -way lines for the roadway (Dora) Circle), from Rattlesnake Hammock Road to the north side of the drainage canal bridge. See attached "Project Man Hour and Fee Support Calculations ", Sheet 1 for design service hours and costs. Scope of Services 1.1 Planning Review existing roadway construction record drawings, existing utilities and contact utility agencies, and existing site conditions; along with future proposed roadway improvements and adjacent property improvements in order to develop a generally current set of cad base maps for design purposes. Base map information will be derived from existing on- site conditions, aerial photos and record drawings information provided by Collier County and /or utility agencies with utilities within the project area. This proposal includes no surveying and base maps will not include exact field location of any utilities or objects in the project area. If plans need an engineer to sign and seal the plans that will be an additional cost, and is not included in this proposal. Research and review applicable Collier County and F.D.O.T. ordinances, codes, standards, indexes and or regulations related to landscape and irrigation installation within roadway rights -of -way areas. Streetscape design and installation to generally comply with Collier County Construction in Public Right -of -way Ordinance 93 -64 Construction Standards Handbook latest edition. Collier County is responsible for providing current as- built/record drawings and electronic cad files to McGee & Associates. If cad files or information provided by the County is found to be not current or per the on -site conditions then McGee and Associates will submit an additional services proposal to provide services to acquire accurate in field information to be included in the development of the base maps for the Landscape Beautification project. 2.1 Conceptual Plan 2.1.1 Prepare necessary landscape conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, in order to convey the design intent developed by M & A and receive approval by Collier County. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A Page 2, Rev 11/20/2008 Darryl Richard, Project Mgr. Lely MSTU Doral Cr. Proposal- 2008 -023PR 161 ib°� 2.1.2 Prepare necessary irrigation conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, to convey the design intent developed by M & A and receive approval by Collier County. 2.1.3 Develop opinion of costs related to the approved final conceptual plans to determine if project is within proposed budget. 3.1 Reimbursables Per Design services "Professional Landscape Architectural Services" Contract #04 -3614. 4.1 Estimated Design Services Schedule 4.1.1 M & A shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Days listed are working days, excluding weekends, and official holidays. Task Description 1.1 through 2.1 Design Start: 60% Plans Submittal: Review Comments 90% Plans Submittal: Review Comments Final Plan Submittal: chael A. McGee, r . President, McGe Associates. 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W a J - O m U a O W Q D z< m z cr O U Z h CL G J O N r «° RECEIVED JUL 2 0 M Board of County Commissioners It tj Fiala Halas Henning Coyle Coletta GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 February 19, 2009 Minutes I. The meeting was called to order by Bob Slebodnik at 4:02 PM. A quorum was established. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Pamela Lulich — Landscape Operations Manager, Salma Nabizad — Operations Coordinator Others: Mike McGee — McGee & Associates, Jim Fritchey — Commercial Land Maintenance, Sue Flynn — Mancan III. Approval of Agenda Add. VIII. B. Status on Doral Fence — Re: Permits IX. B. Lights Out — Main Entrance Robert Slebodnik moved to approve the agenda as amended. Second by Kathleen Dammert. Motion carried unanimously 5-0. IV. Approval of Minutes: January 15, 2009 Change: Pg. 2, Paragraph 2, should read- It was noted that there would be a future increase in traffic flow through the Community due to the "extension of Polly Avenue to St Andrews Boulevard" (Instead of Widening Project on Rattlesnake Hammock Rd). Robert Cole moved to approve the January 15, 2009 minutes as amended. Second by David Larson. Motion carried unanimously 5-0. V. Budget Report A. Budget Committee — Pamela Lulich distributed and reviewed. (See attached) • Available Operating Expense - $139,076.60 Misc. Cares: • Total Budget Available - $327,465.30 Date: t Item t ""Pies to: 16i 1b9 Robert Cole moved to approve the Budget as presented. Second by Dave Larson. Motion carried unanimously 5-0. VI. Landscape Maintenance Report — CLM Jim Fritchey reported: • General Maintenance being conducted • Plant replacements — In Progress • Drought spots are being worked on. • CLM estimates submitted to Darryl Richard were distributed and reviewed (See attached) i. Doral Circle old Ixoras need to be removed and replaced. Robert Cole moved to accept proposal for Doral Circle from CLM in the amount of $1,962.93. Second by Dale Lewis. Motion carried unanimously 5-0. ii. Median #14 at Pebble Beach — removal damaged Crown of Thorns and dispose of debris resulting from an automobile accident. The County has the needed information to file with the Insurance Company. Tom Briscoe moved to accept proposal in the amount of $436.26 for Median #14 — Pebble Beach. Second by Robert Cole. Motion carried unanimously 5-0. Robert Cole reported problems with irrigation and plants in median numbers 12, 420, 423, 8 and 2. It was suggested to place the items on the "To do List" to be addressed by Staff and Contractors. VII. Landscape Architect's Report — McGee & Associates McGee reported the following: A. Maintenance Report • Median #3 has irrigation problems • Yellow Allamanda plants will be pruned after Easter B. Doral Circle Entry Renovations • Doral Entry Design Proposal for the County to review has been submitted. • Fence demolition has been started. • Contractor needs permit to install the new fence. Dave Larsen reported permission from each property owner was required prior to removing the fence. Discussion ensued on the Ficus roots causing damage to the fence that could not be repaired and would need to be replaced. It was stated MSTU Funds cannot be used on private property. 161 ifbr The Civic Association was made aware of the fence issues; their Board approved the fence and will provide a check in the amount of $10,600 to the Contractor upon completion. The County stated each one of the property owners has to pull their own permit. C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund — Mike McGee and Pam Lulich has requested information on programs from other companies on the following: • Insurance and budget material • Time frame to conduct an inventory • Program to be used with different parameters VIII. Transportation Operations Report A. Project Manager's Report Pam Lulich distributed and reviewed. (See attached) ❖ (L-45) McGee Annual Services Proposal — Work Order expires January 7, 2010. ❖ (L-44) Doral Circle "North" Entrance Landscape Project January 14, 2009 — David Buchheit expressed reservations about the lack of connectivity to any existing paths /sidewalks within the Community. ❖ (L-43) Doral Circle and Rattlesnake Hammock Wall and Landscaping — Fencing contractor is in process of making application for a Fence Permit. ❖ (L- 34)Ongoing Maintenance Contract - CLM — Contract extended to March 27, 2009. Bids are anticipated by March 14, 2009. She stated the Maintenance Contract had been streamlined and some revisions are: • Contractor experience increased to 5 years • Specified converters • Using 2- languages • No Sub - Contractors Discussion ensued on extending CLM contract insuring a smooth transfer from the current Maintenance Contractor to the new contractor and it was suggested to extend the Contract until the end of September 2009. Robert Slebodnik moved to extend the Contract of CLM until September 30, 2009 or until a new Contractor has been approved. Second by Robert Cole. Motion carried unanimously 5-0. B. Status on Doral Fence — Re: Permits — Addressed Vll. B IX. Housekeeping Items A. Review of the "To Do" List — Robert Slebodnik Pam Lulich reported as follows (See attached) 161 1 tbo • Southern Signal provided a quote for moving the solar panel with the proposed location being on the "private" property of "Lely Golf Estates." She requested a motion from the Committee to proceed with the estimate and the obtainment of necessary easement from Lely Golf Estates. (See attached) Discussion ensued on Southern Signal quote, the scope of work, the proposed location and easements required from the golf course and it was determined that it could take months. Robert Cole moved to table (Solar Panel) quote until location has been determined. Second by Robert Slebodnik. Motion carried unanimously 5-0. • New Budget Line item will be added for "Hurricane Plant Material Replacement." • Repair of light for "American Flag" at Lely entrance is not completed. • Repair of flag pole line and pulley has not been completed by Facility Management Robert Slebodnik requested Staff provide the "To Do List" 1 -week following the monthly meeting. He asked Staff to shorten the list and reflect only the items in need of attention including Mike McGee and the Hannula' Committee requests. Robert Slebodnik stated he will be reporting the accomplishments of the Lely MSTU for the past year at the next Civic Association meeting. B. Lights Out — Main Entrance Tom Briscoe reported the inbound and outbound lamppost bulbs went out since the last meeting. He suggested replacing light bulbs with longer lasting ones. X. Old Business A. Future Beautification Projects List and their Budget Considerations 1. Other Projects Tom Briscoe suggested the Committee consider replacing the molding for the entrance sign with a better solution along with some ideas and to obtain estimates. B. RWA Survey- Re Doral Fence — Previously discussed. XI. New Business — None. XII. Public Comments - None. 4 161 1pjiv XIII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:45 P.M. 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OI Co ao C) n n n m Ci _ x T (D � 'D o (° :' 3 °� v v CD m A 3 0 -4 to �' D D D O N o o ? a < m w y m m O1 m 0 3 �c C C m < m v D cn cn o 00 .� m m O m -� o r cn D 69 69 6) Efi 69 6) (1) 6) 6) 41) 6) 69 (1) 63 69 (P m 4 -n CD O jM OD 0 (D -+ N OD N W N A W 03 w O O m co (D O A A D (D co CO N M m CO ,v � N (D Z. 0 Z, _� 7 CC) :� W O O (O U7 -• O Cn (D 0 (D O O O U7 m 0 U7 Oo 69 6) 4A 69 69 69 69 69 69 40 4A 69 EA 69 69 69 n � � w O ou Cn .A m 0 w O 0 -4 0 W 00 Ut O O O O O C (D 0110 OD W �l N 1N 0 0 W Cn (n P) L V "O ' 0000 "0-- PCAnOOA 69 49 69 4A 69 69 6 N N O O O 66 00 O 3 N 4A 4A 4A 4A m x M Q .P � v C W Cn O W 0 O O 7- Cn �OO W co ON Cn o (a 49 69 69 49 coo N N wcnaA -U (D (nWON I In m Cr r Z _a 0 3 -L v) c 0 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 February 19, 2009 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: January 15, 2009 V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole VI. Landscape Maintenance Report — CLM 1 00 VII. Landscape Architect's Report — McGee & Associates A. Maintenance Report B. Doral Circle Entry Renovations C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard IX. Housekeeping Items A. Review of the To Do List X. Old Business A. Future Beautification Project List and their Budget Considerations 1. Other Projects B. RWA Survey — Regarding Doral Fence Project XI. New Business XII. Public Comments XIII. Adjournment The next meeting is scheduled for March 19, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 February 19, 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 Lely MSTU Project Status (L -45) ACTIVE - McGee Annual Services Proposal — Landscape Architectural Services Fixed Term; Dated: September 23, 2008 (REP/BID # 08- 5060); Original PO amount: $9,499.00 12- 18 -08: Issue of Purchase Order pending. Committtee to review and approve $9,499.00 1- 07 -09: Notice to Proceed Issued to McGee & Associates for a one year period — Work Order expires on Thursday, January 7, 2010 (L -44) ACTIVE - Doral Circle "North " - Entrance Landscape Project (adjacent to Hibiscus Golf Property); Original PO amount: $2,018.00 McGee Proposal Submitted (dated I1- 20 -08) 12- 18 -08: Lely MSTU Committee to review proposal for $2,018.00 1 -6 -09: McGee and Associates sends Concept Plans to staff. 1 -7 -09: Notice to Proceed Issued to McGee & Associates with completion date of March 15, 2009. 1 -9 -09: MSTU Liaison Staff request "Pre -ROW Application" review of plans. 1- 14 -09: Transportation Pathways Coordinator /Project Manager David Buchheit expresses reservations about the lack of connectivity to any existing paths /sidewalks within the community. (L -43) : ACTIVE —Doral Circle and Rattlesnake Hammock Wall and Landscaping 2 -9 -09: Lely Civic Association makes commitment of $10,310.00 for removal and installation of a new wood fence (on private property); MSTU Portion of project remains at $23,822.55 per Hannula Contract. 2- 17 -09: Traffic Operations inspection indicates existing sign "Doral Cir. Next Right" needs to be moved to a 9 foot pole — Traffic Ops to do at no cost to MSTU. 2- 17 -09: All 5 signatures are received for the `Right of Entry/Hold Harmless Agreement" for Contractor Hannula. 2- 18 -09: Dale Hannula informs staff that the fencing contractor has been notified by CDES (County Permitting and Plan Review) that a permit is necessary for the wood fence to be installed. The contractor is in the process of making application for "Fence Permit" (L -34) - ACTIVE — Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. — Bid # 04 -3676 — plus 3 renewals. — expires on 9- 28 -08; Contract Extended to March 27, 2009 (on 9/19/08) 2- 19 -09: Contract is being prepared for release through County E- Procurement system. Bids are anticipated to be in by March 14, 2009. 161 1 �jO 1`ely MSTU "To Do List" Updated 01 -15 -09 — Lely MSTU — To do List - Tracking 9 90 • rr r . . ■_ _ -- -- • • • ■. Rim" z ■. - ■ ■. _ - ■ �. ■ 16 i 1619 34 bne'��ll!a6hilllgtGRia an PebWe43eaG4-n���- peiAtee��� the Sip and 119111 4 6tFeeWkjht6-. Rnll explF 43)4teVieW--G"olaF Panel IeGatien with AUG" and- d- etermine alteFlllatives-fof-e� 48) Obtain print of-ROW Lone (peF Plat) fGF FoFest-HIII-ayA-Augusta :I, l�11111'1111!W es Cell 1121;) DOFaI EntFanre s"tem and perform p,eGtgGaVtestpef4ganufaGtofef-!eGOmmendat*ons (Ill for any Naffanty4ype-4ten*, Southern Signal has provided quote for moving the solar panel. Proposed location would be on the `private' property of "Lely Golf Estates "; Staff requires motion from committee to proceed with estimate (per Southern Signal quote) and obtainment of necessary easement from Lely Golf Estates. 511 Conrdinatp 9'fRFilendat;�t 1 inn i4n..; +f OGC7AA /Cnranr•n� Reolase for insull New Budget Line item will be added per mark Isack.son, Senior Budget Analyst, OMB/Office of Management and Budget Reported completed by Southern Signal Item has been completed by Facility Management Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • Naples, FL 34104 Office: (239) 643 -6205 • Fax: (239) 643 -5012 E -mail: info @commiandmaint.net BILL TO: Collier County Dept of Transportation 3301 East Taniiami Trail Naples, FI 34112 162541- 634999 161 ESTJMAT�r, CUSTOMER NO. I jp� E1002320 1!21!2009 4500100856 Net 30 162541- 634999 DESCRIPTION .. LELY - DORAL CIRCLE 1 Supervisor labor to remove and dispose of declining Ixora Nc ra 57.64 57.64 Grant- 2 Regular labor to assist. 38.81 77.62 1 County Dumping Fees for materials removed from site. 50.00 50.00 12 Purchase and install Crinum Lily, 10-gallon (Ixora Nora 144.12 1,729.44 Grant -10 Gallon) 0.5 Irrigation Technician Supervisor Labor to adjust irrigation to r ew 57.64 28.82 plants. Test system. 0.5 Irrigation Technician Labor to assist. 38.81 15.41 TOTAL I $1,962.93 THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • f4aples, FL 34104 Office: (239) 643 -6205 Fax: (239) 643 -5012 E -mail: info @commlandmaint.net BILL TO: Collier County Dept of Transportation 3301 East Tamiami Trail Naples, F134112 162-541- 634999 2/19/2009 3.6 I EST/MAT�n CUSTOMER NO. 100 E1002383 4500100856 1 Net 30 1 162541- 634999 TOTAL 1 1436-261 THANK YOU WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES 0 VER 30 DAYS UNTIL PAID LELY MSTU MEDIAN #1f PEBBLE BEACH 1 Supervisor labor to remove non reported traffic damaged cro 57.64 57.64 of thorn and dispose of debris. 1 Regular labor to assist. 38.81 38.81 1 County Dumping Fees for materials removed from site. 40.00 40.00 10 Purchase and Install Dwarf Bougainvillea, 3- gallon (Dwarf 19.96 199.60 Red -Crown of thorn, 3- gallon) 4 Labor only to Install Eucalyptus Mulch (Provided by county) 0.94 3.76 1 Irrigation Technician Supervisor Labor to troubleshoot and 57.64 57.64. replace irrigation heads damaged by third party and adjust to new plants. Test system. 1 Irrigation Technician Labor to assist. 38.81 38.81 TOTAL 1 1436-261 THANK YOU WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES 0 VER 30 DAYS UNTIL PAID Quote No: RFQ 021209 - Lely Project: Relocate Existing Solar Panel & Post to New Location Location: Lely MSTU - Augusta at Forest Hill County: Collier Bid Letting : Estimator: James Coleman Printed: Thursday, February 12, 2009 Procurement: Construction Days: Comments: TOTAL OF 8 COMMENTS BELOW 16 1 1 �A Contract Unit Total Item Description UM, Qty. Price Amount RELOCATE EXISTING SOLAR PANEL & POST TO NEW LOCATION 715 -2 -11 Conduit Underground LF 40.00 7.00 280.00 715 -1 -11 #10 Wire LF 120.00 1.45 174.00 Labor to relocate pole & re- splice Crew Leader MH 6.00 45.00 270.00 Technician MH 6.00 50.00 300.00 GRAND TOTAL: $ 1,024.00 COMMENTS: 1.) ABOVE QUOTE AS PER PLANS AND SPECIFICATIONS. 2.) FPL IMPACT FEES, PERMIT FEES, PERMITTING AND SURVEYING NOT INCLUDED. 3.) IF AWARDED, SOUTHERN SIGNAL REQUEST TO ATTEND THE PRECONSTRUCTION MEETING. 4.) ABOVE QUOTE IS VALID FOR 30 C /D. 5.) ALL MAINTENANCE OF TRAFFIC DEVICES REQUIRED ARE TO BE PROVIDED BY PRIME CONTRACTOR / OWNER, FOR SOUTHERN SIGNAL'S USE. 6,) ANY OFF -DUTY LAW ENFORCEMENT REQUIRED WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR / OWN 7.) ANY BOND REQUIRED WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR / OWNER. 8.) PLEASE CALL JAMES COLEMAN AT 727 - 919 -5508 FOR ANY QUESTIONS. Corporate Office P.O. Box 5142 Hudson, FL 34674 Phone: 727 - 819 -2061 Fax: 727 - 857 -4097 Page 1 of 1 Naples Branch 3884 Prospect Ave Naples, FL 34104 Phone: 239 - 331 -8438 Fax: 239 -331 -8439 Fiala -J .N I-= Halas Henning_= Coyle Colette 1611 RECEIVED JUL 2 0 2009 Board of County Commissioners GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 March 19, 2009 Minutes I. The meeting was called to order by Bob Slebodnik at 4:00 PM. 11. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert (Excused), David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan III. Approval of Agenda Add: IX. B. Storm Water Construction Project on St. Andrews Blvd. X B. Tabled Motion regarding Solar Panel Xl. A. Chairman's 2010 Budget Meeting with County Staff on 3123109 Xl. B. Focal Point of MSTU Board Meeting on 419109 Tony Branco moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 4-0. IV. Approval of Minutes: February 19, 2009 Change: Pg. 2, VI., paragraph 3, motion should read - Second by "David Larson. " Pg. 2, VI., paragraph 6, motion should read - "Tony Branco" moved to accept proposal in the amount of $436.26 for Median #14 - Pebble Beach. Pg. 2, VI., paragraph 7, should read - Robert Cole reported problems with irrigation and plants in "house numbers 12, 8, and 2." Pg. 3, VIII., paragraph 4, bullet 2, should read - "Specified Motorola Irrigation System experience." Pg. 4, IX. A., paragraph 1, should read - with the proposed location being on the private property of "Hibiscus 1 ,se." She requested a motion from the Committee to procee wi�ti the estimate and the obtainment of necessary easeme : om "Hibiscus Golf Course." ftn t IF =77 16 i 1 om Pg. 4, IX., should read — "Tony Branco" Pg. 4, X. A. 1, should read — "Tony Branco" Robert Cole moved to approve the February 19, 2009 minutes as amended. Second by David Larson. Motion carried unanimously 4-0. V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole Tessie Sillery distributed and reviewed. (See attached) • Ad Valorem Tax $205,534.18 (Collected) • Available Improvements General $177,377.45 Robert Cole moved to accept the (March 19, 2009) Budget Report. Without a second the motion was not considered. Tony Branco questioned the P.O. for DVR Disks. It was stated that the DVR Disks were purchased for Photo documentation on MSTU Project Areas prior to Contractor start up and for Insurance purposes. VI. Landscape Maintenance Report — CLM Jim Fritchey - None VII. Landscape Architect's Report — McGee & Associates McGee — A. Maintenance Report St. Andrews - i. Median 1 and 3 — dry spots in turf ii. Median 2 — Removal of dead Ixora is required iii. Median 6 — Plumbago treatment is required iv. Median 5 — Possible irrigation problems v. Median 8 — Juniper replacement is required vi. Median 9 — Alamanda Irrigation problems Forest Hills — i. Median 12 — Inspection of Plumbago is required ii. Damaged Bougainvillea and irrigation couplers in front of 432 Forest Hills. Photos were taken iii. Cart Crossing - Fertilization is required 4 Pebble Beach - i. Cart Crossing - Fertilization is required ii. Median 15 and 17 — Inspection of Plumbago is required iii. Median 19 — Drip tubes are exposed iv. Median 22 — removal of bracing on Sable Palm is required Doral — i. Replacement of Ixora - Incomplete B. Doral Circle Entry Renovations Hedge Project — i. Grading issues were reviewed with Hannula N 161 1 00 ii. During excavation a 12 inch solid layer of Lime rock was discovered. The following solution was reviewed - a. Cut and reshape the Grade b. Additional fill is required for replanting c. Involves a 300 Ft. section d. $42.00 per cubic yard e. Cost $2050.00 f. Requested to utilize $2500.00 of contingency monies Darryl Richard requested that Hannula submit the documentation for approval. Sidewalks — Removal of a one way ramp is required and will be replaced with a two way ramp (Rattlesnake Hammock Rd.) Additionally the existing ramp is not up to FDOT Standards. C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund — Mike McGee distributed and reviewed the Lely Golf Estates MSTU Tree Inventory. (See attached) The replacement cost is based on current cost. The total replacement cost is $183,000.00. Discussions ensued and it was determined that the replacement cost is for materials and labor. Mike McGee stated the estimated cost for irrigation repairs is $10,000.00 Discussions continued and it was determined that $225,000.00 was sufficient monies to cover Tree replacement, irrigation repairs, replace or repair flag poles, and signage. David Larson moved to set aside $225,000.00 to cover potential damage of Hurricane or Tornado to the Landscaping, Signage and Lights. Second by Robert Slebodnik. Motion carried unanimously 4-0. It was questioned when the Carry Forward would be reflected in the Budget Report. Caroline Soto replied that the Budgeted Carry Forward $220,900.00 is included in the March 19, 2009 Budget (Line item 8.) The final Carry Forward is pending reconciliation by the Budget Department. Tony Branco questioned the probability of receiving approval to add a Line Item to the Budget (Hurricane Contingency) as it would increase the Budget by 50 %. Robert Slebodnik responded there will be several Budget changes before the Final Budget and that he is meeting with Michelle Arnold and Mark Isackson to prepare a draft. Subsequently it will be submitted to the Committee for review. Vlll. Transportation Operations Report 3 161 1 �jil A. Project Manager's Report — Darryl Richard distributed and reviewed. (See attached) (L -34) Maintenance Contract— Bid deadline 3/24/09. The Bid Tabulation will be distributed via email (L -44) Doral Circle "North" Entrance Landscape Project — Revised Scope of Services is required from McGee & Assoc. IX. Housekeeping Items A. Review of the To Do List — Darryl Richard reported the following; » item 1 — It was noted that a representative from CLM was required » Item 3 — Pending an estimate from CLM. Photos were taken and the vehicle license plate number is readily available » Item 5 — Pending » Item 6 — Median #2 on St. Andrews — Complete » Items 8, 9, 10, & 11— Complete Discussions developed on Southern Signal and their quality of service. An Invoice (0897 -C) was distributed and reviewed. (See attached) It was perceived that the $242.52 quote was extreme to change a Flag pole light. Tony Branco expressed concern for a potential fire hazard with the Metal Halide light bulb that was installed. Darryl Richard and Tony Branco would meet with Southern Signal to discuss the issues. Tessie Sillery distributed a quote $225,000.00 from Lykins Signtek to repair the letters on the Lely Entrance Signs. (See attached) It was determined that an additional estimate was needed to replace the Sign molding. Robert Slebodnik moved to spend $225.00 to have the border repaired on the Signs and to ask for an estimate of what it would cost for a replacement that has the curvature to fit the wall. Second by Robert Cole. Motion carried unanimously 4 -0. » Item 16 — CLM repaired the Flag Pole line and Pulley line at no cost to the MSTU » Item 18 — Fence is installed B. Storm Water Construction Project on St. Andrews Blvd. — Robert Slebodnik attended a Construction meeting and noted the Project will begin April 1, 2009. He requested removal of Palms and the Contractor agreed to remove them. X. Old Business A. Future Beautification Projects List and their Budget Considerations Robert Cole suggested installing a decorative Light Fixture by the Bench. 4 161 1�ji9 Robert Cole moved to request an estimate for a decorative light at the last bench near the entrance to the nursing home. Second by Tony Branco. Motion carried unanimously 4-0. B. Tabled Motion regarding Solar Panel — Darryl Richard reported that a Survey indicated that the Solar Panel can be installed within the County ROW. A quote from Southern Signal was reviewed. (See attached) Robert Slebodnik stated he met with Alan Cooper of the Golf Course to discuss the relocation of Solar Panel. It is bordering on the Lot Line and may need to extend to the Lake. He concluded that the Golf Course did not contest. Robert Cole moved to approve the Southern Signal quote (in the amount ot) $1,024.00 to relocate the solar panel at Augusta Blvd. and Forest Hills intersection. Without a second the motion was not considered. Discussions ensued concerning the Southern Signal quote and if the Box was being relocated. It was recommended that the Battery remain next to the road as it would simplify servicing. Robert Cole moved to approve the Southern Signal quote (in the amount oo $1,024.00 to relocate the solar panel at Augusta Blvd. and Forest Hills intersection. Second by Robert Slebodnik. Motion carried unanimously 4-0. Robert Slebodnik declared that the MSTU Committee operates as a Team and expressed appreciation for the work of his fellow Committee Members. He also cautioned them on comments that are made while in a public setting as it may be viewed as unconstructive. XI. New Business A. Chairman's 2010 Budget Meeting with County Staff on 3 -23-09 Previously discussed Vll. C. B. Focal Point of MSTU Board Meeting on 4 -9 -09 — Robert Slebodnik stated that there are 2 items that must be accomplished • FY10 Budget • Finalize awarding Contracts Robert Slebodnik moved to change the regular monthly meeting for April from the 16th to the 9th, 2009. Second by Robert Cole. Motion carried unanimously 4-0. David Larson reported one Light (west) at the main entrance is out. 5 161 XII. Public Comments - None X111. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:37 P.M. These minutes approved as presented Lely Golf Estates Beautification MSTU Advisory Committee Robert Slellixdnik, Chairman by the Committee on or amended The next meeting is May 21, 2009 at 4:00 P.M. CC Transportation Building /East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 1 PI Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 March 19, 2009 SUMMARY OF MINUTES AND MOTIONS 16 l 1(0 Ill. Approval of Agenda Add. IX. B. Storm Water Construction Project on St. Andrews Blvd. X. B. Tabled Motion regarding Solar Panel Xl. A. Chairman's 2010 Budget Meeting with County Staff on 3123109 Xl. B. Focal Point of MSTU Board Meeting on 419109 Tony Branco moved to approve the agenda as amended Second by David Larson. Motion carried unanimously 4-0. IV. Approval of Minutes: February 19, 2009 Change: Pg. 2, Vl., paragraph 3, motion should read - Second by "David Larson. " Pg. 2, Vi., paragraph 6, motion should read - "Tony Branco" moved to accept proposal in the amount of $436.26 for Median #14 - Pebble Beach. Pg. 2, VI., paragraph 7, should read - Robert Cole reported problems with irrigation and plants in "house numbers 12, 8, and 2." Pg. 3, Vill., paragraph 4, bullet 2, should read - "Specified Motorola Irrigation System experience. " Pg. 4, IX. A., paragraph 1, should read - with the proposed location being on the private property of "Hibiscus Golf Course. " She requested a motion from the Committee to proceed with the estimate and the obtainment of necessary easement from "Hibiscus Golf Course." Pg. 4, 1X., should read - "Tony Branco" Pg. 4, X. A. 1, should read - "Tony Branco" Robert Cole moved to approve the February 19, 2009 minutes as amended. Second by David Larson. Motion carried unanimously 4-0. VII. Landscape Architect's Report - McGee & Associates McGee - C. Inventory and Replacement Materials to establish a Dollar Estimate for a Disaster Fund - Mike McGee reviewed the Lely Golf Estates MSTU Tree Inventory. The replacement cost is based n6 current cost. The total replacement cost is $183,000.00. It wI 1 determined that $225,000.00 was sufficient monies to cover Tree replacement, irrigation repairs, replace or repair flag poles, and signage. David Larson moved to set aside $225,000.00 to cover potential damage of Hurricane or Tornado to the Landscaping, Signage and Lights. Second by Robert Slebodnik Motion carried unanimously 4-0. IX. Housekeeping Items Tessie Sillery distributed a quote $225,000.00 from Lykins Signtek to repair the letters on the Lely Entrance Signs. It was determined that an additional estimate was needed to replace the Sign molding. Robert Slebodnik moved to spend $225.00 to have the border repaired on the Signs and to ask for an estimate of what it would cost for a replacement that has the curvature to fit the wall. Second by Robert Cole. Motion carried unanimously 4 -0. X. Old Business A. Future Beautification Projects List and their Budget Considerations Robert Cole suggested installing a decorative Light Fixture by the Bench. Robert Cole moved to request an estimate for a decorative light at the last bench near the entrance to the nursing home. Second by Tony Branco. Motion carried unanimously 4-0. B. Tabled Motion regarding Solar Panel — It was determined that the Solar Panel can be installed within the County ROW. A quote from Southern Signal was reviewed. Robert Slebodnik stated he met with Alan Cooper of the Golf Course to discuss the relocation of Solar Panel. It is bordering on the Lot Line and may need to extend to the Lake. He concluded that the Golf Course did not contest. Discussions ensued concerning the Southern Signal quote and if the Box was being relocated. Robert Cole moved to approve the South Signal quote (in the amount of) $1,024.00 to relocate the solar panel at Augusta Blvd and Forest Hills intersection. Second by Robert Slebodnik. Motion carried unanimously 4-0. 2 161 1 0'9 March 19, 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 Lely MSTU Project Status (L -45) ACTIVE - McGee Annual Services Proposal — Landscape Architectural Services Fixed Term; Dated: September 23, 2008 (RFPBID # 08- 5060); Original PO amount: $9,499.00 12- 18 -08: Issue of Purchase Order pending. Committtee to review and approve $9,499.00 1- 07 -09: Notice to Proceed Issued to McGee & Associates for a one year period — Work Order expires on Thursday, January 7, 2010 (L -44) ACTIVE - Doral Circle "North " - Entrance Landscape Project (adjacent to Hibiscus Golf Property); Original PO amount: $2,018.00 McGee Proposal Submitted (dated 11- 20 -08) 12- 18 -08: Lely MSTU Committee to review proposal for $2,018.00 1 -6 -09: McGee and Associates sends Concept Plans to staff. 1 -7 -09: Notice to Proceed Issued to McGee & Associates with completion date of March 15, 2009. 1 -9 -09: MSTU Liaison Staff request "Pre -ROW Application" review of plans. 1- 14 -09: Transportation Pathways Coordinator /Project Manager David Buchheit expresses reservations about the lack of connectivity to any existing paths /sidewalks within the community. 2- 24 -09: Staff to forward `signed and sealed' plans for ROW Permit Review /Issue. Signed and Sealed Plans requested from McGee & Associates. 3- 16 -09: Change Order to McGee Work order to add production of Construction Plans pending submittal by McGee for additional scope items. (L -43) : ACTIVE — Doral Circle and Rattlesnake Hammock Wall and Landscaping 2 -9 -09: Lely Civic Association makes commitment of $10,310.00 for removal and installation of a new wood fence (on private property); MSTU Portion of project remains at $23,822.55 per Hannula Contract. 2- 17 -09: Traffic Operations inspection indicates existing sign "Doral Cir. Next Right" needs to be moved to a 9 foot pole — Traffic Ops to do at no cost to MSTU. 2- 17 -09: All 5 signatures are received for the `Right of Entry/Hold Harmless Agreement" for Contractor Hannula. 2- 18 -09: Dale Hannula informs staff that the fencing contractor has been notified by CDES (County Permitting and Plan Review) that a permit is necessary for the wood fence to be installed. The contractor is in the process of making application for "Fence Permit" 3 -2 -09: Fence Permit Issued 3- 16 -09: Fence Completed (L -34) - ACTIVE — Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. — Bid # 04 -3676 — plus 3 renewals. — expires on 9- 28 -08; Contract Extended to March 27, 2009 (on 9/19/08) 2- 19 -09: Contract is being prepared for release through County E- Procurement system. Bids are anticipated to be in by March 14, 2009. 1 equest for quote - repair of Lely Entrance Signs (letters only) Page 1 of 2 RichardDarryl From: Tony Lykins (tony @lykins- signtek.com] Sent: Wednesday, February 25, 2009 2:03 PM To: Richard Darryl Subject: RE: Request for quote - repair of Lely Entrance Signs (letters only) Richard, we had a chance to stop by and take a look. We have repaired the gold trim around letters once already. This is because a large palm branch fell on them. Anyway, it does appear to have a few spots on trim that need adhesive and a little gold touch up on the underlying trovicel trim support. I will also clean up where someone else had tried to do same. Nothing else should be painted. The letters are real high speed brushed SS Gold titanium. This is no problem I will charge you only $225 00 — let me know if you would like me to proceed. Thanks Tony Lykins Lykins Signtek tusiness Development Cell: (239) 777 -6201 Office: (239) 594 -8494 Fax: (239) 591 -3940 IV k ,y - - - -- Original Message---- - Frorn: RichardDarryl [ mailto :DarrylRichard @cwlliergov.net] Sent: Monday, February 23, 2009 3:58 PM To: gcarpenter @signsandthings.com; sales @municipaisigns.com; signcraft @signcraftofnaples.com; tony @lykins - signtek.com; drm2912 @aol.com Cc: lulich_P; nabizad_s; sillery_t Subject: Request for quote - repair of Lely Entrance Signs.(letters only) Importance: High <<Sheet No 01 - Median One - areas M -1 and M- 2.pdf>> <<PC300151.JPG>> <<St Andrews Entrance.JPG>> <<No Quote Form.doc>> All, We have a request from our Lely MSTU Committee to assist in repair of the existing sign installed at the Lely Entrance off US 41 onto St. Andrews. Please see attached for map of general area. (see attached) The specific concern is with the letters (in gold) (see attached photos of the signage letters) We need both of the signs to be reviewed for damage and /or letters that are coming off of the sign (due to lack of adhesive and/or wrong application type for material) County staff is interested in quote for: 3/19/2009 Request for quote - repair of Lely Entrance Signs (letters only) 161 Page 2 of (1) simple repair of the 2 signs (all gold lettering) LS (Lump Sum) (2) recommendation for alternative type of adhesive and/or connection for the letters (need cost breakdown for this; unit pricing); Total Cost (alternative): Quotes are due by 5:00 PM on February 27, 2009 Please indicate if you are going to 'no quote' this project. Thank you, Darryl Richard, RLA, MSTU Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: 239 - 252 -5775 Fax: 239- 252 -6219 Cell: 239- 253 -9083 darryidchard@colliergov.net 3/19/2009 02/27/2009 09:42 2396433194 SIGNS AND THINGS FAX COVER SHEET FROM THE DESK OF LARRY SMALL E -MAIL: Ismall @signsandthings.com 0 161 1{)o PAGE 01102 1 AM TRANSMITTING , a AGES, INCLUDING THIS COVER SHEET: IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CONTACT ME. THANK YOU. (239) +543 - 4404 o COMMENT &.— &: - 6L a" I fis FAX NUMDER: (239) CAS -3194 oll Illf. WSJ$' www.s.ionsondthings.com W'l$' r � FLORIDA SIGN YL 8 1M011d M-111 go It 010 ASSOCIATION 3649 MO E!.% AVENUE NAPLES, FLORIDA 34104 (239) 645-4404 161 fb 02/27/2009 691:42 2396433194 SIGNS AND THINGS PAGE 012 NON- 1310DER'S IRES1pONSE Request for Quote: Lely Signage Repair For purposes of maintaining an accurate bidder's list and foollitating your firms response to our invfWlon for bid, we are interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. If your fin» is not responding to this bid, please indicate the reason(s) by checking an appropriate Item (s) listed below and return this form to: Darryl Richard, Project Manager, Collier County, Department of Alternative Transportation Modes, 2885 Horseshoe Drive South, Naplsa, Florida 34104, Fax: 239 -252 -6219; email: darrylrichard@oolliergov.rut_ Please indicate "NO BID` on the outside of the envelope or Title of Fax and /or email. We are not responding to this invitation for bid for the following reason(s): ItO.M9 or materials requested not manufactured by us or not available to our company; Our items or materials do not meet specifications; CIMIG one - Specifications were: Not clearly understood, Not applicable( Too vague, oo rigid, Quantities too small, a� Incorrect address used. Please correct: Other reason(s): S—U MIL a T�� 1 r,�,M Name of Firm: �.2i`�kritlS F Mailing Address: 3Gy9 f�YOq City, State; ZIP: 6 a Phone - 5(0-! FAX�.1! 1_ By: f Signat<ire of Representetive 16 i 1 j0 Lely MSTU "Tc Dc List" 1. Maintenance Contract: Staff to coordinate with Purchasing on bidding maintenance contract per McGee Comments /recommendations and Committee Comments /recommendations. Status: Bids due on March 24th; Re- Scheduled meeting for April 9, 2009 will be considered by Committee in order to review bids prior to BCC Approval 2. Accident #770; on pebble Beach; CLM estimate for $436.26 Status: Confirmation of re- imbursement through Risk Management pending. (action: Salma Nabizad) 3. Accident #834; at 420 Forest Hill Blvd reported at 1 -19 -09 MSTU Meeting. Status: 2- 23 -09: Need estimate from CLM for repair of valve box. (action: CLM) 4. Doral Circle Entrance Project ROW Permit Issue Status: 2- 23 -09: Need signed and sealed plans from McGee & Associates for ROW Permit Review /issue. McGee informs staff that modification to 'scope' is necessary to perform construction documents. Proposal from McGee due prior to 3 -19 -09 meeting. Proposal pending. (action: McGee) 5. Completion of Work Indicated in CLM Estimate E1002320; per review /approval of Committee at 1 -19 -09 meeting Status: Reported completed by CLM; final inspection pending (action: staff and McGee) 6. Completion of Work Indicated in CLM Estimate E1002383; per review /approval of Committee at 1 -19 -09 meeting Status: Reported completed by CLM: final inspection pending (action: Staff and McGee) 7. CLM to provide estimate for replacement of Thryallis in median #9 with `dwarf firebush' (per Committee reviewlapproval on 1- 19 -09) Status: Requested estimate pending (action: CLM; Jim please report on this item) 8. McGee & Associates to produce 'one master plant list' for replacement plants on entire project. McGee to inspect project and make recommendation (deliverable: one master plant list) Status: McGee to provide revised 'Master Plant List' prior to 3 -19 -09 meeting. (action: McGee) 9. Southern Signal to replace one light bulb on East side of St. Andrews. Status: Repair completed; inspection on 3 -16 -09 indicates all lights are functional (on St. Andrews) 10. Southern Signal to replace one light bulb on West side of St. Andrews. Status: Southern Signal repaired; Staff inspection on 3 -16 -09 indicates light is working. 11. Staff to obtain copy of all maintenance reports from Southern Signal for past month of service. Status: Completed; see attached Maintenance report from Southern Signal. 12. Staff to obtain estimates for repair of letters on "Lely" entrance sign(s) on St. Andrews off US 41. Status: Lykins Signteck provided quote for $225.00 for repair; no quote from SignCraft 16 i 1 Ibe 13. Southern Signal to Coordinate with Manufacturer of Solar Panel to trouble shoot system and perform electrical test per manufacturer recommendations (review for any warranty type items), Status: Southern Signal estimate is pending Committee approval; item was 'tabled' at last MSTU meeting; Staff and Contractor located in the field new area for solar panel (with white stake) which is within ROW for Forest Hill; Bob Slebodnik reports that Golf Course is in agreement with the new solar panel location. (pending Committee action) 14. Coordinate with Budget Office for "New Line Item" for "Hurricane Plant Material Replacement "; Budget office recommendation: Utilize Line item # 996200 (Reserve for Insurance) Status: New Budget Line item will be added per Mark Isackson, Senior Budget Analyst, OMB/Office of Management and Budget; MSTU Committee must add this in FY -10 Budget Cycle request. (Committee to review FY -10 Budget on April 9'") 15. Repair of Light for `American Flag' at Lely Entrance (off US 41) Status: Reported completed by Southern Signal; inspection confirms completed on 3- 16-09 16. Repair of flag pole line and pully (line is caught behind pully); Status: Completed by CLM at no cost to MSTU. 17. Request for confirmation of methods, material, and cost for retrofitting existing lights to `LED type lights' Status: Lumec reports no retrofit kit is available for existing lights on St. Andrews. Southern Signal to continue to research alternatives. (action: quote for alternative solutions by Southern Signal) 18. Confirmation of Hannula sub - contractor obtaining `Fence Permit' for installation of new wood fence at Doral Circle (along private properties - payment by Lely Civic Association) Status: 3 -2 -09 permit issued; Fence is completed; installation of shrubs is pending; (action: Hannula) 16 I 1 p „9 Quote No: RFQ 021209 - Lely Naples Branch P.O. Box 5142 3884 Prospect Ave Hudson, FL 34674 Project: Relocate Existing Solar Panel & Post to New Location Phone: 727 - 819 -2061 Phone: 239 - 331 -8438 ,��� AN Sj0 Page 1 of 1 Fax: 239 - 331 -8439 Location: Lely MSTU - Augusta at Forest Hill 0� �,4 County: Collier Bid Letting : Estimator: James Coleman Printed: Thursday, February 12, 2009 & LIGHTING Procurement: Construction Days: Comments: TOTAL OF 8 COMMENTS BELOW Contract Unit Total Item Description UM Qty. Price Amount RELOCATE EXISTING SOLAR PANEL & POST TO NEW LOCATION 715 -2 -11 Conduit Underground LF 40.00 7.00 280.00 715 -1 -11 #10 Wire LF 120.00 1.45 174.00 Labor to relocate pole & re- splice Crew Leader MH 6.00 45.00 270.00 Technician MH 6.00 50.00 300.00 GRAND TOTAL: $ 1,024.00 COMMENTS: 1.) ABOVE QUOTE AS PER PLANS AND SPECIFICATIONS. 2.) FPL IMPACT FEES, PERMIT FEES, PERMITTING AND SURVEYING NOT INCLUDED. 3.) IF AWARDED, SOUTHERN SIGNAL REQUEST TO ATTEND THE PRECONSTRUCTION MEETING. 4.) ABOVE QUOTE IS VALID FOR 30 C /D. 5.) ALL MAINTENANCE OF TRAFFIC DEVICES REQUIRED ARE TO BE PROVIDED BY PRIME CONTRACTOR / OWNER, FOR SOUTHERN SIGNAL'S USE. 6.) ANY OFF -DUTY LAW ENFORCEMENT REQUIRED WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR / OWN 7.) ANY BOND REQUIRED WILL BE THE RESPONSIBILITY OF THE PRIME CONTRACTOR /OWNER. 8.) PLEASE CALL JAMES COLEMAN AT 727 - 919 -5508 FOR ANY QUESTIONS. Corporate Office Naples Branch P.O. 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Attendance: Members: Tony Branco (Excused), Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Caroline Soto - Budget Analyst, Pam Lulich - Landscape Operations Manager, Val Prince - Storm Water Others: Mike McGee - McGee & Associates, Jim Fritchey - CLM, David Schmitt - Q. Grady Minor, Darlene Lafferty - Mancan III. Approval of Agenda Add. Vlll. B. Approval of Maintenance Contract IX B. Stone Water Progress Report on St. Andrews - Val Prince Robert Cole moved to approve the Agenda as amended Second by David Larson. Motion carried unanimously 4-0. IV. Approval of Minutes: March 19, 2009 Change: IX. A., paragraph 2, should read. "$225.00” IX A., paragraph 3, should read: "$225.00" X. B., paragraph 1 should read: It is bordering on the Lot Line and may need to extend "a foot or two towards" the Lake. Kathleen Dammert moved to approve the March 19, 2009 Minutes as amended. Second by Robert Cole. Motion carried unanimously 4-0. Storm Water Progress on St Andrews - Val Prince reported the following: • Contractor - Haskins • Cost - $152,749.85 • NTP - was issued April 1, 2009 • Message board was installed to notify the public Misc. Cares: • Final completion date - June 29, 2009 • Installation of Culverts on the South side - In progress Dade: • Curbing work will commence - next week Item David Schmidt reported: 161 • o Project is 25/o complete • Relocation of the Water Line (North side) is required • Modifications were made to the original Project Proposal a. Corp of Engineers Nation Wide Permit was obtained b. Installation of 2 "replacement" Culvert Pipes in lieu of the proposed 3 Culvert Pipes was approved by SFWMD c. Applied for Notice of General Permit Val Prince continued: o Curbing consists of a. Installation of Median curbing b. The replacement of 100 ft. on each side c. Curb height — 5 inches down to 2 -2'h inches (based on overlays) d. Coordinated with the Preschool, Church, and Cypress Gate Condos e. Removed South Palm Clusters f. ROW — staked g. Easements - marked Robert Slebodnik expressed the following: ➢ Disappointment in recent communication break down ➢ Dissatisfied in the reduced number of installed Culvert Pipes ➢ Noted primary concern is removing water out of the Community a. Retention Ponds may be required as the amount of water draining from US41 into the Community is illegal b. Summarized on 2 previous Drainage Projects which he perceived as an impasse ➢ Requested a guarantee (from Val Prince and David Schmidt) that the 2 Culvert Pipes will remove the water flow It was concluded that there is a need to strengthen the Internal Drainage System, as there is a lack of sufficient localized Drainage Structures. Robert Slebodnik requested moving forward with redirecting the water flow from US41. Val Prince stated that he will meet with Darryl Richard and Jerry Kurtz to assess redirecting the water flow from US41. It was reported that both Street corners are not ADA compliant. Discussions continued and it was confirmed that Storm Water will restore the Landscaping and Irrigation. Robert Slebodnik will attend the meeting with Val Prince, Darryl Richard, and Jerry Kurtz. V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole Caroline Soto reported the following: 2 Ad Valorem Tax $30,076.34 (Uncollected) 4 Available Operating Expense $131,739.35 Remaining P.O. $62,352.31 161 101 Robert Cole moved to accept the Budget Report as presented. Second by David Larson. Motion carried unanimously 4-0. B. Review of FYI Budget — Darryl Richard reviewed. (See attached) The following changes were made: » Engineering Fee (Forecast 09) - $ 0 » Surveying Fees (Forecast 09) - $3,000.00 » Other Contractual (Forecast 09) - $50,000.00 » Other Contractual (Requested Current 10) - $76,000.00 » Landscape Incidentals (Forecast 09) - $25,000.00 » Landscape Materials (Forecast 09 & Requested Current 10) - $ 0 » Traffic Signs (Requested Current 10) - $ 0 » Other Operating Supplies (Forecast 09) - $100.00 » Improvements General (Forecast 09) - $65,000.00 » Improvements General (Requested Current 10) - $50,000.00 » Hurricane Reserves (Requested Current 10) - $250,000.00 Robert Cole left 4:57p.m. Robert Slebodnik moved to approve the Budget for FY10 as amended at this meeting. Second by Kathleen Dammert Motion carried unanimously 3 -0. Caroline Soto noted the FY08 Carry Forward amount of $351,300.00 was higher than Projected. VI. Landscape Maintenance Report — CLM Jim Fritchey reported the following: Routine Maintenance Irrigation breaks Discussions ensued concerning the new Irrigation System and the notification process by Roger Dick. It was established that CLM did not receive a weekly Report for the Irrigation problems. Pam Lulich will confer with Roger Dick. Mike McGee clarified that an alarm will be received for no water flow or overflow. David Larson noted that a large amount of monies were spent on a new Irrigation System and manual checks are still being conducted Discussions continued and it was stated that Valves were not being closed during manual checks. Additionally communication is the key and training is being offered to Contractors (by the County) in May 2009 to help resolve issues. VII. Landscape Architect's Report — Michael McGee A. Maintenance Report o St Andrews 1. Median 9 — Water is effecting the Plumbago ll. Median(s) 5, 6, & 9 — Recommended replacing the Dwa 6 j 6 19 Alamanda with Dwarf Firebush 1 Doral Circle I. Hedge installation — Complete a. Floratam sod was dropped on the comer (by Hannula) The remainder of the Sod is Bahia b. Irrigation Zones were dedicated for Shrubs c. Additional Irrigation heads are required d. A Low water pressure and flow problem exists in the Irrigation e. Water Utilities recommended a meter upgrade f. Also install a valve with a controller (battery operated) Hannula is preparing a quote. David Larson thanked everyone for the Fence as it is a vast improvement to the Street. B. Doral Circle Entry Renovations — Mike McGee reviewed a proposal to modify P.O. #4500103723. (See attached) Kathleen Dammert moved to approve the $4,000.00 for the Landscape Architect Fees for the Doral Renovation. Second by David Larson. Motion carried unanimously 3 -0. VIII. Transportation Operations Report To do List— Darryl Richard distributed and reviewed the following: • Item 2, 3, 6, 7, 11 — Complete • Item 12 — Contractor installed conduit. Solar Panel will be installed by Monday • Item 13,15 — Complete • Item 17 — Main refurbishment Project. Pending quote from Lykins • Item 21 — It was noted that Jim Fritchey was present at the February 2009 meeting • Item 22 - Complete • Item 23 — Invoicing was reviewed by Budget Office and was in compliance with Contractor billing as per contact rates • Item 24 — Complete • Item 25 — Pending Southem Signal quote A. Project Manager's Report — Darryl Richard — Under Vlll. B. B. Approve Maintenance Contract — Darryl Richard distributed and reviewed an Executive Summary to award the Bid to Commercial Land Maintenance. He noted the Estimated Annual amount of $75,233.00 Robert Slebodnik moved to make the recommendation to award Bid #09 -5089 Lely Gold Estates MSTU Roadway Grounds Maintenance to Florida Land Maintenance, Inc. d(b/a Commercial Land Maintenance Inc. in the estimated annual amount of 4 $75,233.00. Second by Kathleen Dammert. Motion carried 6, q unanimously 3 -0. Darryl Richard distributed the Project Managers Report. (See attached) IX. Housekeeping Items A. Review of the To Do List — Previously discussed under Vlll. B. Storm Water Progress Report on St. Andrews Blvd. — Val Prince — Previously discussed under IV. X. Committee Reports — None XI. Old Business - None XII. New Business A. Approval of McGee & Associates Proposal for Construction Document — RE Doral Project — Previously discussed under Vil. B. XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:53 P.M. Lely Golf Estates Beautification MSTU Advisory Committee ex, 0 ZA Robert Sle odnik, Chai man These minutes approved by the Committee on as presented or amended The next meeting is scheduled for May 21, 2009 4:00 p.m. Collier County Transportation Building /East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 0 Ittl GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 April 9, 2009 SUMMARY OF MINUTES AND MOTIONS 16 C 1 �,n III. Approval of Agenda Add. Vlll. B. Approval of Maintenance Contract IX. B. Storm Water Progress Report on St. Andrews — Val Prince Robert Cole moved to approve the Agenda as amended. Second by David Larson. Motion carried unanimously 40. IV. Approval of Minutes: March 19, 2009 Change: IX. A., paragraph 2, should read. "$225.00" IX A., paragraph 3, should read. 1225.00" X. B., paragraph 1 should read. It is bordering on the Lot Line and may need to extend "a foot or two towards" the Lake. Kathleen Dammert moved to approve the March 19, 2009 Minutes as amended. Second by Robert Cole. Motion carried unanimously 40. V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole Caroline Soto distributed and reviewed the report. Robert Cole moved to accept the Budget Report as presented. Second by David Larson. Motion carried unanimously 40. B. Review of FYI Budget — Darryl Richard reviewed. (See attached) The following changes were made: » Engineering Fee (Forecast 09) - $ 0 » Surveying Fees (Forecast 09) - $3,000.00 » Other Contractual (Forecast 09) - $50,000.00 » Other Contractual (Requested Current 10) - $76,000.00 » Landscape Incidentals (Forecast 09) - $25,000.00 » Landscape Materials (Forecast 09 & Requested Current 10) - $ 0 » Traffic Signs (Requested Current 10) - $ 0 » Other Operating Supplies (Forecast 09) - S100.00 » Improvements General (Forecast 09) - $65,000.00 » Improvements General (Requested Current 10) - $50,000.00 Hurricane Reserves (Requested Current 10) - $250,000.0016 1 1 f-,b ig Robert Slebodnik moved to approve the Budget for FY10 as amended at this meeting. Second by Kathleen Dammert Motion carried unanimously 3-0. VII. Landscape Architect's Report - McGee & Associates McGee - B. Doral Circle Entry Renovations - Mike McGee reviewed a proposal to modify P.O. #4500103723. (See attached) Kathleen Dammert moved to approve the $4,000.00 for the Landscape Architect Fees for the Doral Renovation. Second by David Larson. Motion carried unanimously 3 -0. VIII. Transportation Operations Report B. Approve Maintenance Contract - Darryl Richard distributed and reviewed an Executive Summary to award the Bid to Commercial Land Maintenance. He noted the Estimated Annual amount of $75,233.00 Robert Slebodnik moved to make the recommendation to award Bid #09 -5089 Lely Gold Estates MSTU Roadway Grounds Maintenance to Florida Land Maintenance, Inc. d(b/a Commercial Land Maintenance Inc. in the estimated annual amount of $75,233.00. Second by Kathleen Dammert: Motion carried unanimously 3 -0. 4 161 11, rb ,9 April 9, 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 Lely MSTU Project Status (L -45) ACTIVE - McGee Annual Services Proposal - Landscape Architectural Services Fixed Term; Dated: September 23, 2008 (RFPBID # 08- 5060); Original PO amount: $9,499.00 12- 18 -08: Issue of Purchase Order pending. Committtee to review and approve $9,499.00 1- 07 -09: Notice to Proceed Issued to McGee & Associates for a one year period - Work Order expires on Thursday, January 7, 2010 (L -44) ACTIVE - Dora] Circle "North " - Entrance Landscape Project (adjacent to Hibiscus Golf Property); Original PO amount: $2,018.00 McGee Proposal Submitted (dated 11- 20 -08) 12- 18 -08: Lely MSTU Committee to review proposal for $2,018.00 1 -6 -09: McGee and Associates sends Concept Plans to staff. 1 -7 -09: Notice to Proceed Issued to McGee & Associates with completion date of March 15, 2009. 1 -9 -09: MSTU Liaison Staff request "Pre -ROW Application" review of plans. 1- 14 -09: Transportation Pathways Coordinator/Project Manager David Buchheit expresses reservations about the lack of connectivity to any existing paths /sidewalks within the community. 2- 24 -09: Staff to forward `signed and sealed' plans for ROW Permit Review /Issue. Signed and Sealed Plans requested from McGee & Associates. 3- 16 -09: Change Order to McGee Work order to add production of Construction Plans pending submittal by McGee for additional scope items. (,Attn: Mike M c Gee D (L -43) : ACTIVE - -Doral Circle and Rattlesnake Hammock Wall and Landscaping 2 -9 -09: Lely Civic Association makes commitment of $10,310.00 for removal and installation of a new wood fence (on private property); MSTU Portion of project remains at $23,822.55 per Hannula Contract. 2- 17 -09: Traffic Operations inspection indicates existing sign "Doral Cir. Next Right" needs to be moved to a 9 foot pole - Traffic Ops to do at no cost to MSTU. 2- 17 -09: All 5 signatures are received for the `Right of Entry/Hold Harmless Agreement" for Contractor Hannula. 2- 18 -09: Dale Hannula informs staff that the fencing contractor has been notified by CDES (County Permitting and Plan Review) that a permit is necessary for the wood fence to be installed. The contractor is in the process of making application for "Fence Permit" 3 -2 -09: Fence Permit Issued 3- 16 -09: Fence Completed 4 -9 -09: Change order pending for additional irrigation items and adjustment in sod quantity/specification (L -34) - ACTIVE - Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. - Bid # 04 -3676 - plus 3 renewals. - expires on 9- 28 -08; Contract Extended to March 27, 2009 (on 9/19/08) 2- 19 -09: Contract is being prepared for release through County E- Procurement system. Bids are anticipated to be in by March 14, 2009. 3- 14 -09: Bids received: CLM is low bidder; Committee to review /approve CLM on April 9, 2009 161 1 g,9 l_ety MSTU "Ifc tA, List" 1. Maintenance Contract: Staff to coordinate with Purchasing on bidding maintenance contract per McGee Comments /recommendations and Committee Commentslrecommendations. Status: Committee to review bids on April 9, 2009; CLM is low bidder. (BCC Approval scheduled for April 14); Interim PO for maintenance based on new quotes in process. 2. Accident #770; on pebble Beach; CLM estimate for $436.26 Status: Confirmation of re- imbursement through Risk Management pending. (action: Salma Nabizad) 3. Accident #834; at 420 Forest Hill Blvd reported at 1 -19 -09 MSTU Meeting. Status: 3- 25 -09: Quote received and approved for $362.62; CLM repaired; Staff to inspect (action: Staff /McGee inspection on April 9) 4. Doral Circle Entrance Project ROW Permit Issue Status: 2- 23 -09: Need signed and sealed plans from McGee & Associates for ROW Permit Review /Issue. McGee informs staff that modification to `scope' is necessary to perform construction documents. Proposal from McGee due prior to 3 -19 -09 meeting. Proposal pending. (actiom McGee; Mike we need your new proposal for services to take this project to construction documents) 5. Completion of Work Indicated in CLM Estimate E1002320 -for Doral Ixora; per review /approval of Committee at 1 -19-09 meeting Status: Reported completed by CLM; final inspection pending (action: staff and McGee) 6. Completion of Work Indicated in CLM Estimate E1002383 - Crown of Thorn Plantings; per revie%Wapproval of Committee at 1 -19 -09 meeting Status: Reported completed by CLM: final inspection pending (action: Staff and McGee inspection on April 9) 7. CLM to provide estimate for replacement of Thryallis in median #9 with `dwarf firebush' (per Committee reviewlapproval on 1- 19 -09) Status: Requested estimate pending (action: CLM; Jim please report on this item) R. rta,,tharn Signal to mplaGe Gne light bulb on East side of 2-L.And-rews. all lights are funGtional (on St : AndrPuts} a. so-tharn Signal to FeplaGe Gne light bulb 9A I.A.1ant aide of St. AndFewe� Status; Southern Signal repaired; ... . . . on 3 16-09 indirates light is working. month 91 semore. . 11. Staff to obtain estimates for repair of letters on "Lely" entrance sign(s) on St. Andrews off US 41. Status: Lykins Signteck provided quote for $225.00 for repair; Quote for total refurbishement of letters pending from Lykins (attn: Tony at Lykins) 161 l 12. Solar Panel - Southern Signal to Coordinate with Manufacturer of Solar Panel to trouble shoot system and perform electrical test per manufacturer recommendations (review for any warranty type items), Status: Southern Signal is currently under construction with project - moving solar panel. Construction to be completed by Monday April 13, 2009 13. Coordinate with Budget Office for "New Line Item" for "Hurricane Plant Material Replacement "; Budget office recommendation: Utilize Line item # 996200 (Reserve for Insurance) Status: New Budget Line item will be added per Mark Isackson, Senior Budget Analyst, OMB /Office of Management and Budget; MSTU Committee must add this in FY -10 Budget Cycle request. (Committee to review FY -10 Budget can April 9th) :a meeting u+ 14. April ';Completed s. Meeting moved to April 9 15. Motion to save $225,000 for Disaster Fund — Hurricane Status: FY -10 Budget has new line item per Committee request; Committee to review on April 9 A M"R 1VOTPAM71TIT1T/'1 1171 "Poll y 17. St. Andrews Entry Sign `Refurbishment' Replacement of Entry sign with curvature. Provide photographs and sufficient information. Request for quotes with a picture as a visual - sign with a full metal unit. Request for estimate to replacement for the curvature border repair -sign Request for quote with a new board on both sides Status: Request for quote sent to Lykins; (action: Lykins Signtek) 18. PO 4500103723 needs to be extended 12/24 08 — NTP 1 -7 -09 to Expiration of purchase order is 3- 15 -09. Check to make sure final payment has been made. If so, the purchase order can be closed. Status: (Caroline Soto, Tessie Sillery to coordinate on this item) 21. Jim Fritchey was present at the February meeting. FIR MEN 21. Jim Fritchey was present at the February meeting. 161 1 f� 19 Status: Mancan to ensure proper notation in minutes (action: Mancan) 22. Tessie Open CLM Po's Status: Tessie to confirm this item (action: Tessie) 23. Request for tax to be removed off invoice and walmartt receipt — southern signal — and discussion regarding charging committee for bulb was not what was requested at field meeting. Status: Item needs to be reviewed by Budget Office /Staff (attn: Southern Signal — Committee is questioning the cost for replacement of `one' bulb) Update: Invoicing has been reviewed by Budget Office: Invoice properly indicates cep tractor billing per contract rates; 15% material markup is per contract; tax noted is correct. 24. FYI: Stormwater K Project — last week Haskins will be shutkbc off H2O after 9:40pm. Status: Notice to Proceed on Stormwater Project has been issued. Project Manager Val Prince will update Committee on status of project on 4/9/09 25. Request for quote — New decorative light @ last bench Cq) Buema Vista nursing home. — Black Lumec Status: James Coleman to produce estimate for new pole to be placed near bench (near News Paper Stands); (Attn: James Coleman, Southern Signal) 7&4.ee & 4"od4� Landscape Architecture March 2, 2009 Mr. Darryl Richard, Project Manager Collier County Transportation Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 161 Subject: Proposal to modify existing Purchase Order No. 4500103723 of Landscape Architectural Services for Lely Golf Estates M.S.T.U. Final Landscape and Irrigation Design 2008 -023 Mod #I Project Name: Doral Circle Entrance Renovation Final Design Dear Mr. Richard, As requested, McGee & Associates agree to provide additional Landscape Architectural Services for the above project. McGee & Associates agrees to provide the following "Scope of Services" related to the Final Landscape Design, Final Irrigation Design, County permitting and Contract Administration. The project area will be defined generally as the area between the platted right -of -way lines of Dora] Circle from Rattlesnake Hammock Road to Willow Creek Lane. See attached Project Man Hour and Fee Support Calculations Sheet 1 for design service hours and costs. SCOPE OF SERVICES 1.1 Final Landscape Design Landscape Beautification plans to be prepared per F.D.O.T. "Design Standards" Indexes and the "Plans Preparation Manual" Volume I & II criteria and processes and in general compliance to the Collier County Right -of -Way Ordinance 93-64 current edition. 1.1.1 Attend necessary public, staff and/or project on -site meetings for the project design development and provide required written correspondence, verbal communications or presentations for the project development. 1.1.2 Develop a landscape planting design plan based upon the approved concept plans. To minimally include items or services as follows: a. Planting design and layout. b. Materials Tabulation of Quantities schedule containing, plant quantities installed sizes, specifications and mature sizes. c. Decorative hardscape paving installation details and notes as identified. d. Planting installation details and specifications. e. Review existing planting area soil analysis in order to provide recommendations for amendments as needed. f. Prepare concrete and/or architectural paver sidewalks and roadway crosswalk plans and details per FDOT and County standards and specifications. 1.1.3 Prepare County approved bidding and installation construction drawings for exhibits or attachments to the final Contact Documents. 1.1.4 Prepare County approved bidding and installation written specifications for exhibits or attachments to the final Contract Documents. 1.1.5 Develop opinion of cost related to the approved final construction drawings to determine if project is within proposed budget. Design * Environmental Management * Planning * Arborist 5079 Tamlaml Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 " FL 1023A Page II 161 -1 Lel Y MSTU i Doral Circle Entrance Renovation Concept Proposal- 2008 -023 Mod # 1 SCOPE OF SERVICES (continue) 2.1 Final Irrigation Design Landscape Beautification plans to be prepared per F.D.O.T. "Design Standards" Indexes and the "Plans Preparation Manual" Volume 1 & lI criteria and processes and in general compliance to the Collier County Right -of -Way Ordinance 93-64 current edition. 2.1.1 Attend necessary public, stair and/or project on -site meetings for the project design development and provide required written correspondence, verbal communications or presentations for the project development. 2.1.2 Develop an irrigation design based upon the approved concept plan. To minimally include items or services as follows: a. Identification and location of existing irrigation sources, main lines, controllers, and research reuse water source and connections. b. Provide layout schedules and/or notes to identify types and quantities of irrigation components such as sprinkler heads, valves, piping, sleeving and valve wiring. C. Irrigation installation details and specifications. d. Additional directional boring plans and schedule as needed. 2.1.3 Prepare County approved bidding and installation construction drawings for exhibits or attachments to the final Contract Documents. 2.1.4 Prepare County approved bidding and installation written specifications for exhibits or attachments to the final Contract Documents. 2.1.5 Develop opinion of costs related to the approved final construction drawings to determine if project is within proposed budget. 3.1 Permitting 3.1.1 Supply and submit required permit drawings to Collier County for submittals and permit approvals. 3.1.2 Provide required written correspondence, verbal communications or presentations for the project permitting. 4.1 Contract Administration 4.1.1 Assist Collier County in developing contract documents for bidding and contract purposes. 4.1.2 Assist in bidding process and provide review and recommendation of award of construction contract. 4.1.3 Provide on -site observations for services during construction to determine compliance with plans and specifications, as well as review and approve pay request applications. 5.1 Reimbursables Per Professional Landscape Architectural Services Contract #08 -5060. 6.1 Estimated Design Services Schedule 6.1.1 McGee & Associates shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any project schedule. Days listed are working days, excluding weekends and official holidays. Task Description I.1 through 5.1 Design start: To be determined 90% Plans Submittal: 10 days from notice to proceed Final Plan Submittal 7 days from review comments O ichael A. McGe ..a. 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Call to Order The meeting was called to order by Bob Slebodnik at 4:01 P.M. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammed, David Larson (Absent), Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery- Operations Coordinator, Caroline Soto-Budget Analyst, Pam Lulich- Landscape Operations Manager Others: Mike McGee -McGee & Associates, Jim Fritchey -CLM, Darlene Lafferty - Mancan III. Approval of Agenda Add. Vlll. B. Storm Water Drainage Project on St. Andrews Blvd. IX. B. Review of Irrigation System reporting when there is a water supply failure Tony Branco moved to approve the agenda as amended. Second by Robert Cole. Motion carried unanimously 40. Tessie Sillery explained the procedure for meeting binders that are provided for the Committee at each meeting. IV. Approval of Minutes: April 9, 2009 Robert Cole moved to approve the April 9, 2009 minutes as submitted. Second by Kathleen Dammert. Motion carried unanimously 40. V. Landscape Maintenance Report-CLM Jim Fritchey reported • Ongoing maintenance is being conducted • Bougainvillea were sprayed for caterpillars • Irrigation start time was switched to the afternoon After much discussion on the availability of reuse water and the irrigation system it was determined: 161 1 (�,9 • Reuse water was not an issue due to the amount of rain • Watering trucks are available • The irrigation system has sensors and will shut off when it is not needed (112 inch of rain within 24 hours) Jim Fritchey continued - o An additional zone was installed for the new sod Robert Slebodnik questioned the status of the Doral irrigation and was determined the median irrigation is working satisfactorily. Discussions continued on the irrigation and Darryl Richard reported the following: • A Hannula change order was approved • Adjustments to the irrigation were required prior to the installation of new sod Mike McGee provided additional information: o Irrigation modifications- complete o Podocarpus (on Doral) will be installed - 5121109 o Removal of the dead Floratam and installation of new sod - 5121109 Darryl Richard will notify CLM to commence with Doral hedge maintenance upon completion of the Hannula Project. VI. Budget Report A. Budget Committee — Caroline Soto & Bob Cole Caroline Soto reported the following: Collected Ad Valorem Tax $226,042.17 Actual Revenue is short $17,729.58 (line item 5) Ag Tronix, Inc. was paid $1,454.35 on 5/21/09 Robert Cole moved to accept the Budget Report as presented. Second by Robert Slebodnik. Motion carried unanimously 4-0. VII. Landscape Architect's Report — Mike McGee reported: A. Maintenance Report o Doral Circle • Recommended cutting the Bougainvillea to a level height • Requested verification (CLM) if fertilization is complete as coordination during heavy pruning is crucial o St Andrews * (Median 9, east end) —Dead Foxtail (1) requires replacement o Pebble Beach • Caterpillars on street islands 17, 18, & 19 • (Median 16) -Dead Washingtonia (1) requires removal - Median tips require watering as Juniper is dry or dying on the east end and are being watered by pop -ups. o Resumed St Andrews * (Median 2) Dead Ixora (1) requires removal 2 16 * ( Median 1 ) Lirio a discolored and /or dead require thinning and fertilization Pinehurst Estates is in need of mowing, edging and weeding It was stated that the County (Utilities) installed the trees and shrubs (by the sewer pump) and did not maintain therefore replanting (drought tolerant material) is required. After much discussion it was unclear if the MSTU will replant and maintain the area. Darryl Richard will contact the County to propose they replant the area and the MSTU will maintain it. B. Doral Circle Entry Renovations — Mike McGee — Previously discussed V. Discussions ensued concerning a watering and pump station issues. It was concluded that if the water pressure is below 40 psi the pump station shuts down. The following two options were discussed: » Installation of a booster pump to draw the water » Installation of a veritable speed pump station (on the road) for accurate control of the water * Provided FPL power is available * Cost estimate - Pump Station $14,000.00 - Electric $3,500.00 - To tie the system in $2,500. 00 It was concluded that the MSTU invested numerous dollars in the beautification of Lely and did not want to jeopardize their accomplishments. Robert Cole moved to proceed to look at the package (veritable speed pump station) and get an estimate to find out the details and go from there. Second by Robert Slebodnik. Motion carried unanimously 40. VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed. (See attached) After discussion Staff and the Committee were in agreement to stream line the Project Manager's Report. The following was reviewed: (L-44) Doral Circle "North" — Entrance Landscape Projects * McGee & Assoc. is proceeding forward to Construction Documents and recommended to use potable water 4 (L-43) Doral Circle and Rattlesnake Hammock Wall & Landscaping • Anticipate final completion- within 1 week • (L -34) OngoingMaintenance Contract - Bid was awarded to CLM Robert Cole requested a copy of the maintenance Contract be mailed to his home for his review. 3 161 1�19 To do List — Darryl Richard distributed and reviewed the following: • Item 2- Pending confirmation from Risk Management of reimbursement • (Items 4, 5, & 11)- Complete • (Item 12) -Solar Panel is relocated After discussions is was noted the Panel is more elevated and agreed to paint the pole "English /vy' as a disguise. Subsequently shrubs may be installed for aesthetics. • (Item 24)- 90% Complete * Floratam Sod was installed and the Landscaping by Storm Water is complete Pam Lulich was requested to confer with Val Prince on this item • (Item 25) —The blue flag indicates the Canal ROW and concern was expressed that Storm Water may utilize some additional area near the bench. Robert Slebodnik announced that a future Service Road is being installed in the area by Storm Water. • It was recommended to delay the Decorative Light Project until review of final plans by Storm Water. ■ It was noted that the MSTU previously purchased an extra Light Pole and it was in storage. Darryl Richard will confirm with EB Simmons concerning the extra pole. B. Storm Water Drainage Project on St. Andrews Blvd. After much discussion the following was established ➢ Project is 90% complete ➢ Sod and Rip Rap is installed ➢ St. Augustine sod and new irrigation was installed from the sidewalk to the curb Robert Slebodnik questioned if Landscaping may be installed between the sidewalk and the blue water line (18 inch gap.) It was determined that irrigation was not present and will require Storm Water approval if irrigation is needed. IX. Housekeeping Items A. Review of the To Do List — Previously discussed under VIII.A. B. Review of Irrigation System reporting when there is a water supply failure -Pam Lulich reported the following: • Weekly Meetings (Monday) will be conducted with Road and Bridge • Computer data will be reviewed and alarms will be sent • CLM will receive an alarm email X. Committee Reports — None XI. Old Business - None 4 16 I 1 bo XII_ New Business - None X111_ Public Comments — None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:00 P.M. Lely Golf Estates Beautification MSTU Advisory Committee Robert Slebo nik, Chairman These minutes approved by the Committee on _ , as presented_______ ___ or amended The next meeting is June 18, 2009 at 4:00 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 5 l b I ( 111 Fiala Halas -4 Coyle L Coletta GOLF ESTATES BEAUTIFICATION MSTU �oa+d' " " " " " ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, A 34104 May 21, 2009 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda Add: VIII. B. Storm Water Drainage Project on St. Andrews Blvd. IX. B. Review of Irrigation System reporting when there is a water supply failure Tony Branco moved to approve the agenda as amended. Second by Robert Cole. Motion carried unanimously 40. IV. Approval of Minutes: April 9, 2009 Robert Cole moved to approve the April 9, 2009 minutes as submitted. Second by Kathleen Dammert Motion carried unanimously 40. VI. Budget Report A. Budget Committee - Caroline Soto & Bob Cole Caroline Soto distributed and reviewed the report. Robert Cole moved to accept the Budget Report as presented. Second by David Larson. Motion carried unanimously 4-0. VII. Landscape Architect's Report - Mike McGee reported: A. Doral Circle Entry Renovations - Mike McGee - Discussions ensued concerning watering, and pump station issues. Options were discussed and it was concluded the installation of a veritable speed pump station may be the best course of action. Robert Cole moved to proceed to look at the package (veritable speed pump station) and get an estimate to rind out the details and go from there. Second by Robert Slebodnik. Motion carried unanimously 4-0. Misc. CW": Dale: item #t: May 21, 2CC9 Left' MSTU "TC UC List" 161 1 f6il 2. Accident #770; on pebble Beach; CLM estimate for $436.26 Status: Repair completed per CLM estimate; Confirmation of re- imbursement through Risk Management pending. (action: Salma Nabizad) 4. Dorm Circle Entrance; Change order pending for $3,481.50 to increase McGee Work Order to produce the construction documents. Status: Change Order Completed; McGee's scope is modified to include construction documents. 5. COMPLETED - CLM Estimate E1002320 —for Doral Ixora; per review /approval of Committee at 1 -19 -09 meeting Status: Work Completed per CLM Estimate-, Inspection complete. Status: COMPLETED 161 1 b9 11. $225.00 Sian Refurbishment - St. Andrews Entrance: Staff to obtain estimates for repair of letters on "Leiy" entrance sign(s) on St. Andrews off US 41. Status: Lykins reports protect completed (5- 19 -09)• inspection Completed. Project is completed. 12. Solar Panel - Southern Signal to Coordinate with Manufacturer of Solar Panel to trouble shoot system and perform electrical test per manufacturer recommendations (review for any warranty type items). Status: COMPLETED 17. St. Andrews Entry Sign 'Refurbishment' (re- mountina of metal rim) Replacement of Entry sign with curvature. Provide photographs and sufficient information. Request for quotes with a picture as a visual - sign with a full metal unit. Request for estimate to replacement for the curvature border repair -sign Request for quote with a new board on both sides Status: Quotes received from Lykins Signteck and SignCraft. Review by staff and Tony Branco indicates that the quotes 'are not equal' staff and Committee member (Tony) to review SignCraft quote with contractor to verify work outlined. 16I 1 Om 22. Tessie Open CLM Po's for interim maintenance prior to BCC Approval on April 14, 2009 and Contract Issue (can take 30 -60 days) Status: COMPLETED 24. Stormwater K Proiect — last week Haskins will be shutting off H2O after 9:00ym. Status: Sod installation completed per Val Prince Project Manager. Irrigation installation completed by CLM. 25. Request for quote — New decorative light @ last bench @ Buena Vista nursing home. — Black Lumec Status: No Quote Received; James Coleman to produce estimate for new pole to be placed near bench (near News Paper Stands); (Attn: James Coleman, Southern Signal); Status: 5- 21 -09: Lumec Manufacturer confirming parts specification. 26. Hannuala Change Order - Doral Hedge Proiect — Hannula: Change in irrigation and sod specification on Doral Hedge Project. Contractor to provide cost factors. Staff is in process of installation of new 1 `2 inch potable water meter for project water supply. 16 r 1 (�o Status: Change Order Pending; 4- 24 -09: New 1 '/2 inch meter has been installed; Hannula provided change order request on 4 -23 -09 for $3,487.35 (add) for project. Staff is processing change order. Result of change will be irrigated floritam sod to replace the non - irrigated Bahia grass. 27. CLM Estimate E1002519; $515.00 Accident 859; Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 28. CLM Estimate E1002524; $612.00 Accident 864; Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 29. CLM Estimate E1002529; $390.00 — Irrigation Adjustments Status: Estimate Approved; pending completion by contractor 30. 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C3 cD ,4m 2 R" ' 1 0 3-5,82 ji 3 go Q a a g N am�o 1, N fA fA fA N fA fA fA fA fA N M N N 61 M fA dA fA !n M fA fA M fA fA CD N> > A N A W w> W A 'O D �� r m _ro(pp o �nm aia ,yp� (c�� W t0 Of A V O W tp Co y 0 0 T 0 j cm tp W cD N W N _, pp O V N V (� W !W Cn (o O" W A N (D > 0 0 0 O W ca ' 0 0 fUT OU1 O A w O A -i ' N V A O t0 W O N N N O N VI V W O pp� O O O O O o$ g p• . p a NN N"IPAIrA fA to fA fA N 6A fAINI(A fA fA fA I I mCm m Ic C � C N N W Im o�'rn v A O W Er 61 fA fA fA in fA fA fA N N O V w O fUJ 0 0 N [p ((�� V > fUii A(A W V V O O, U W W co O 7 A I I mCm m Ic C � C Fiala ''` '/ t ,_, EIVED Halas �7 AUG 2 5 2009 Henning Coyle Board of County ComrnissianerS Coletta GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 June 18, 2009 Minutes I. Call to Order The meeting was called to order by Bob Slebodnik at 4:00 P.M. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery- Operations Coordinator, Caroline Soto - Budget Analyst, Michelle Arnold - Director ATM Others: Mike McGee -McGee & Associates, Jim Fritchey -CLM, Darlene Lafferty- Mancan Ill. Approval of Agenda Move: Vlll. A. Review of the To Do List as item "Vll. B. Robert Cole moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 4-0. The motion was amended to Add. "Vl. Landscape Maintenance Report." Subsequent Agenda items were renumbered. Motion carried unanimously 4-0. IV. Approval of Minutes: May 21, 2009 Robert Cole moved to approve the May 21, 2009 minutes as submitted. Second by Tony Branco. Motion carried unanimously 4-0. V. Budget Report A. Budget Committee - Caroline Soto & Bob Cole Caroline Soto reported the following: C Uncollected Ad Valorem Tax $20,728.10 Misc. Correa. Available Improvements General $173,980.10 P.O. paid to date $96,035.74 Dee: 1 lam 0 ": plea to: Robert Cole moved to accept the Budget Report as presenjL6 Second by Tony Branco. Motion carried unanimously 4-0. VI. Landscape Maintenance Report-CLM Jim Fritchey reported • Bougainvillea pruning -Will be completed by 6 -19 -09 • Weed control -in progress • Irrigation zone repairs - Complete • Planted on 6- 18 -09: * (2) Foxtail Palms * (3) Holly * Flowers (Caladium) Discussions developed on uneven Bougainvillea at the sign by Doral Circle. It was concluded a variety of Bougainvillea may be installed as differences were unnoticeable when purchased. Nevertheless they must be maintained to the proper height. Update on Variable Speed Puma Station Jim Fritchey reported information on installation of a pump (sub- drive): o Will replace the pressure switch and pump start relay o Allows constant pressure o A sensor signals the computer when water is available o "Equipment" cost estimate $2,300. 00 After much discussion it was determined installation of the sub -drive was unrelated to the Variable Speed Pump Station. However, it will preclude relocation of the pump outside the sewer plant at substantial cost savings. Mike McGee will confirm installation of a tie in box (to the Bermad) by FPL. Installation of a pump surge protector was requested by the Committee. Tony Branco moved to approve installing a constant pressure Pump Sub -drive by Franklin Electric up to $6,000.00 including the surge protection circuit. Second by David Larson. Motion carried unanimously 4-0. Michelle Arnold requested future Proposals be submitted (2 days) prior to meetings for review and distribution. VII. Landscape Architect's Report — Mike McGee reported: A. Maintenance Report • Contractor advised of weeds in several medians • Pebble Beach Blvd. • (Median 14, 15, & 16)- Torpedo grass in Bougainvillea • (Median 16) Dead Washingtonia removal- Pending quote • (Median 17) Accident - damage to numerous Juniper and Bougainvillea • Irrigation and turf problems pending Road and Bridge curbing modifications • Alamanda pruning in progress (at the entryway) 2 161 1 p��, Robert Cole reported a dead small tree in Median 5. Darryl Richard distributed and reviewed page 29 of the Maintenance Contract referencing General Site Pruning. (See attached) He recommended weekly maintenance to preclude line of sight issues. After much discussion it was resolved to cut back hedges to 18 inches and maintain at 24 inches throughout. Mike McGee reviewed Median #3- Landscape and Irrigation Renovation Proposal in the amount of $2,287.20. (See attachments) Discussions ensued concerning aesthetic solutions to the exposed blue pipe as it was an eyesore and detracted from the scenic canal(s) view. The suggestion was made to mount a decorative rail (grill) on the sidewalk. Information for the decorative grill will be emailed to the Committee for review. Robert Slebodnik moved to approve $2,287.20 for plant materials, irrigation materials, and site improvements for the renovation of median 3 and to utility labor cost as specified per contract, excluding the chain link fence. Second by David Larson. Motion carried unanimously 4-0. Darryl Richard reported: » Low pressure in the Irrigation System for the Podocarpus requires assessment » Monitoring of replacement Podocarpus is required » Leaning Podocarpus require staking » Soil (along the sidewalk edge) is above the 1 inch preferred clearance * It was suggested to install mulch in lieu of re- grading B. Doral Circle Entry Renovations -Darryl Richard requested 2 copies of signed /sealed plans. David Larson reported a Storm Water Improvement Project to reconstruct the Bridge at Doral Circle and install a 20 ft. wide access road. Darryl Richard will request Storm Water attend a Lely MSTU meeting to review the Improvement Project. VIII. Transportation Operations Report A. Project Manager's Report — Darryl Richard distributed and reviewed additional information: (See attached) ¢ (L-43) Doral Circle and Rattlesnake Hammock Wall & Landscaping - Punch list items will be scrutinized prior to final payment B. Review of the To do List Darryl Richard distributed and reviewed the following: 3 161 • (Items 3)- Pending submittal of Vendor concept for Committee reviiew • (Item 6) Complete Toni► Branco noted the following: * (Solar Panel) bolt status is unchanged and expressed concern of possible damage due to wind gust. Darryl Richard will install the bolt. * Trimming of Palm fronds is required to determine if the light is illuminating Darryl Richard announced effective 6 -18 -09 General Services Electrical will replace Southern Signal. • (Item 9 and 10)- Complete • (Item 11)- Installation will be complete 6 -18 -09 • Items additions • Median 17 • (Item 13) Confirm number of poles for EB Simmons Project • (Item 14) Solar Panel bolt • (Item 15) New Electrical Contractor It was determined new flags are not required. IX. Housekeepimg Items A. Update on Veritable Speed Pump Station — Previously discussed VI. X. Committee (Reports — None XI. Old Business - None XII. New Business - None Xlll. Public Cornaments — None Robert Cole inquired on the front entrance new drains. Robert Slelaoodnik reported the County is installing a second drain by the bank to red sect some of the water from US41. There being no fuetther business to come before the Committee, the meeting was adjourned by the Chair at 5:30 P.M. Lely Golf Estates Beautification MSTU Advisory Committee C Robert Slebodnik, Chairman 4 I (� 19 These minutes approved by the Committee on :2- as presented or amended The next meeting is July 16, 2009 at 4:00 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 5 �Ea GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE c:ft►, 161 RE _ D AUG 20509 8oam r,f G U1,1V —W iissiunev 2885 Horseshoe Drive South Halas*� Naples, Fl 34104 Hennin, Coyle June 18, 2009 Coletta SUMMARY OF MINUTES AND MOTIONS N �1310� III. Approval of Agenda Move: V111. A. Review of the To Do List as item "Vll. B. " Robert Cole moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 4-0. The motion was amended to Add: "Vl. Landscape Maintenance Report." Subsequent Agenda items were renumbered. Motion carried unanimously 4-0. IV. Approval of Minutes: May 21, 2009 Robert Cole moved to approve the May 21, 2009 minutes as submitted. Second by Tony Branco. Motion carried unanimously 4-0. V. Budget Report A. Budget Committee — Caroline Soto & Bob Cole Caroline Soto reported the following: � Uncollected Ad Valorem Tax $20,728.10 Available Improvements General $173,980.10 P.O. paid to date $96,035.74 VI. Robert Cole moved to accept the Budget Report as presented. Second by Tony Branco. Motion carried unanimously 4-0. Landscape Maintenance Report-CLM Update on Variable Speed Pump Station Jim Fritchey reported information on installation of a pump (sub - drive): o Will replace the pressure switch and pump start relay o Allows constant pressure o A sensor signals the computer when water is o "Equipment" cost estimate $2,300. 00 913 °� 1 b t 1 Oo Tony Branco moved to approve installing a constant pressure Pump Sub -drive by Franklin Electric up to $6,000.00 including the surge protection circuit Second by David Larson. Motion carried unanimously 4-0. VII. Landscape Architect's Report — Mike McGee reported: A. Maintenance Report- Median #3- Landscape and Irrigation Renovation Proposal in the amount of $2,287.20 was reviewed. (See attachments) Robert Slebodnik moved to approve $2,287.20 for plant materials, irrigation materials, and site improvements for the renovation of median 3 and to utility labor cost as specified per contract, excluding the chain link fence. Second by David Larson. Motion carried unanimously 4-0. N BID #09 -5089 Lely Golf Estates MSTU Grounds Maintenance 161 1 in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. Swales and dry retention areas must be mowed and /or weed trimmed. WEEDING Weeding of plant beds, sidewalks (asphalt, concrete or paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and /or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. Blue tracker may be required to be used when spraying. GENERAL SITE PRUNING For this site, general site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. All groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Project Manager or the Owner's Representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. All groundcovers and shrubs shall be maintained at the required height as specified by the Project Manager may be to a maximum of 36 ", with the exceptions of sight windows when the height needs to be maintained at a maximum of 18 " -24 ". Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that median. During the first weeks of October and April, ornamental grasses, such as Fountain, Muhly grass, Florida Gama or Fakahatchee grass shall be pruned at its base to remove Revised 1/09 29 161 1 Ian June 18, 2009 Lely MSTU "To Do List" 1. Accident #770; on pebble Beach; CLM estimate for $436.26 Status: Repair completed per CLM estimate; Confirmation of re- imbursement through Risk Management pending. (action: Salma Nabizad) Status: Salma Nabizad coordinating with Risk Management on reimbursement. 2. Doral Circle Entrance; Change order pending for $3,481.50 to increase McGee Work Order to produce the construction documents. Change Order Completed; McGee's scope is modified to include construction documents; Status: Construction Documents from McGee & Associates pending 3. St. Andrews Entry Sign `Refurbishment' (re- mounting of metal rim) Replacement of Entry sign with curvature. Status: Sign has been reviewed by 2 separate companies both companies have different approach to the sign refurbishment. SignCraft is researching into different options for the `material' used to fabricate the sign `trim' (around the letters) which is coming off is mounting due to incompatibility of materials. 4. New decorative light; @ bench @ Buena Vista nursing home. — Black Lumec Status: No quote received from Southern Signal per previous request. New quote deadline is June 25, 2009; 5 pm; Committee recommendation on May 21, 2009 is to `wait' until confirmation of scope of LASIP project as it may affect the `easement' area near the proposed new light. 5. Doral Hedge Project — Hannula: Inspection on 6 -17 -09 indicates that there are weeds in the mulch beds and some vines growing within the shrubs. Project is to be maintained by Hannula Landscape until final completion. Staff will re- inspect on 6 -19 -09 final inspection. (note: 2 podocarpus showing signs of stress — McGee to review for warranty replacement) Status: Final Project Inspection Scheduled for 6 -18 -09 (9:30 am); Punch -list inspection 6. Painting the pole on solar light — CLM: Committee requested that the sign be painted `green' in color; Status: Estimate from CLM for labor charges pending. 7. CLM Estimate E1002519; $515.00 Accident 859; Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 8. CLM Estimate E1002524; $612.00 Accident 864; 16 i p & Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 9. CLM Estimate E1002529; $390.00 — Irrigation Adjustments Status: Estimate Approved; pending completion by contractor 10. CLM Estimate E1002532; $1,115.00 Plant Replacement — Holly(s) Status: Estimate Approved; pending completion by contractor 11. CLM Estimate E1002559; $600.00 Plant Replacement — Caladium plantings at entrance to St. Andrews (qty. 75 @ $8.0 ea.) Status: Estimate Approved; pending completion by contractor 12. St. Andrews - Canal Median Refurbishment Project; McGee & Associates; Under PO 4500103649 `Lely MSTU - Annual Professional Landscape Architectural Services': On 6 -11 -09 Lely MSTU Committee chairman Bob Slebodnik requested that staff move this project forward utilizing McGee's existing Work Order to expedite the completion of the project. Staff concurred with recommendation and sent notification to McGee to produce concept drawing. Status: McGee is preparing concept drawing for plantings in median and also ROW near Canal on St. Andrews; Staff requires request from McGee's office for any additional funds necessary to complete work (as per annual contract rates). IA uuii Z c z J LL J O m O V N O fNV � ----------- V N N g H N H N N N q H N •� NNNN NN NNNN 3 8 8 $888 § (pp° Q A N M N� N Y H f N 0 :fl 8 f0 m Q IL I� a c E a u. Of: v: yr � v r. i• �• r, � , : .i• � ., .•. �. 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'n z 0 CA rn 9? rr > m OD C? z to Cl) a CD a m CL ) :— C4 Co Na w 'IP G) FTI ff - �!- > =r o— > z N (D 0 w P 3 , *- 0 0 ;a C LO m to -1 =r x z Cr a) cc CD U3 co TI CD 0 9) Cl) CL (a 0 cr) co cr =r 0 Cu =r =r z f- 7r at. :3 0 CAJ 3 z t1a m K) CA CA m w co M m w Ln Fo m w m In 0 (n M ;a 4A w 4EO 69 -604040 Ica CA > c to I-P cr 4 cr 5c 5 0 ;6 0 z it 0 w to 0 > CD T to eo Ln co m C, . 5 c) S 40 C) O Cn C) O C> 4A ffi 40 40 -to 40 v;, Qq 160 44 46A (A 0 U) VS co CD w OD CD C= -4 to C." Un (.71 CD, 0� 1%) Cn C�o --4 (DI C) 19 CD CD S ic,:> 16 Fiala RECEWED Halas AUG 2 5 2009 Henning Coyle' CardcrCcur�­;; - T'M"stio"'rs Coletta GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 July 16, 2009 Minutes 1. Call to Order The meeting was called to order by Bob Slebodnik at 4:00 P.M. II. Attendance: Members: Tony Branco (Excused), Robert Cole, Kathleen Dammert (Excused), David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery- Operations Coordinator, Caroline Soto-Budget Analyst, Michelle Arnold - Director ATM, Pam Lulich- Manager Landscape Operations, Steve Carnell-Di rector Purchasing, Rhonda Cummings - Contract Specialist Others: Mike McGee -McGee & Associates, Maria Jost -CLM, Darlene Lafferty- Mancan 111. Approval of Agenda The following changes were made to the order of Agenda items: Vll. A. Purchasing Department Vll. B. Project Managers Report - Darryl Richard Vll. C. Review of the To Do List Vlll. Landscape Architect's Report - Mike McGee Remove: V. B. Review Landscape Architectural Services Contract - Purchasing Robert Cole moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 3 -0. IV. Approval of Minutes: June 18, 2009 Robert Cole moved to approve the June 18, 2009 minutes as submitted. Second by David Larson. Motion carried unanimously 3 -0. V. Budget Report A. Budget Committee - Caroline Soto & Bob Cole Misc. Corres: Caroline Soto reported the following: 4 Collected Ad Valorem Tax $235,809,59 tom: Open P.O. $34,436.75 Item # '.J .J to: V 1. L an dsca pe Maintenance Report-CLM 161 Maria Jost reported • Palm trimming- Complete • Bougainvillea pruning to clear sight line -/n progress • Trimming of Plant Material -In progress • Mulching - Incomplete Robert Cole noted: • The leaning Palm Tree at Median 5 has not been addressed • CLM has been lax on trimming Discussions developed and was noted Maintenance on two main thoroughfares is incomplete. Darryl Richard stated a meeting was held on June 30, 2009 with CLM to review Contract Specifications and noted the following: • CLM will not receive payment for the past two weeks of Pruning due to non compliance issues • Requested authorization from the Committee to utilize a Substitute of Services (as needed.) • Noted additional deficiencies by CLM » Weed Control » irrigation Maria Jost was requested to convey non compliance issues to Robert Kindelan. Robert Slebodnik moved to approve if (maintenance issues) are not resolved in 10 days to bring in an outside Contractor to gx what needs to be fixed and the payment will be deducted from CLM. Second by David Larson. Mike McGee noted the 10 day time frame was not practical due to the condition of the sod and recommended the zones be turned on manually. The motion was amended to read. "that the irrigation problems, be resolved within 48 hours and the remainder of the work such as killing the weeds etc., be done within the next 10 days and if not bring in an outside contractor to mop up." Motion carried unanimously 3 -0 VII. Transportation Operations Report A. Purchasing Department Steve Carnell stated McGee & Associates work order will expire at the end of the calendar year. He suggested two options: Rotate to another Firm that is under Contract or 4 BVO (Best Value Offer) Competition -The process is as follows » 5 Firms submit a Proposal » Creation of a Selection Committee (County Staff Members) » The recommendation by the Selection Committee is brought before the MSTU Committee for review Discussions ensued and was noted that a MSTU Committee Member may serve on the Selection Committee. Robert Slebodnik volunteered to serve on the Selection Committee. 2 161 David Larson volunteered to serve on the Selection Committee. The MSTU Committee expressed concern of the possible loss of McGee & Associates. Discussion continued and it was clarified that performance issues will be reported to the Purchasing Department by Staff. If deficiencies are not corrected by the Contractor, a change in Contractors will occur. Pam Lulich suggested an individual from the HOA serve on the Selection Committee. After much discussion it was concluded the Selection Committee will consist of (5) members and will be advertized. Robert Slebodnik moved (in regard) to the Architectural Contractors Selection Committee, the most logical plan would be the B VO method as far as the MSTU is concerned. There will be (2) members from the Lely MSTU Committee serve on the Selection Committee, David Larson and Robert Slebodnik. Additionally to have a member from the Lely Civic Association to represent the Community with respect to how the Community looks, what kind of look they want, etc. and proceed from that point Second by David Larson. It was suggested to contact George Ramsey with the HOA to coordinate a volunteer for the Selection Committee. Motion carried unanimously 3-0. B. Project Managers Report — Darryl Richard - Discussed under Vlll B. C. Review of the To Do List - Discussed under Vlll B. VIII. Landscape Architect's Report — Mike McGee reported: A. Maintenance Report • A Contractor Representative is required on field inspections • Inconsistencies in the initial (18 in. height) Hedge cut back Robert Slebodnik questioned the type of spray used and the number of applications required to remove Torpedo Grass. It was concluded there are different chemicals that may be used and is in the weekly Supply Report provided by CLM. Staff will provide the Supply Report to the Committee for review. The following items were reported • The Bougainvillea (Main entrance) is not being trimmed • Bench area (for school children) is not being maintained B. Doral Circle Entry Renovations -Mike McGee reviewed Plans and reported the following: ■ Received ROW comments to include: » Additional striping is needed » Move advance stop bar closer to Rattlesnake Hammock Rd. 3 » l Itility hnYac mutt ha nlavatarl with navam nr hainh � 6 1 1 adjustments must be made • Replace (2) existing curb ramps • Remove existing Bench and replace with (2) Benches • Irrigation adjustments on the West side • Add 6 -7 irrigation heads to expand on the East side • Base for brick pavers will be 6 inch concrete • Utilising potable water • Distributed a CD of Plans • Cost estimates were distributed (See attached) Robert Slebodnik requested Staff to order the Benches immediately. Robert Slebodnik moved to approve for the Doral Entrance Project, that we (direct Stag to order (2) Benches that are specified in the plan immediately, up to an amount of $2,500.00. Second by David Larson. Motion carried unanimously 3 -0. Project Time line Darryl Richard reported: ➢ BCC approval not required ➢ May receive quotes within 21 days Pam Lulich suggested obtaining quotes from prequalified Bidders to expedite the Project. Project Managers Repo Darryl Richard reviewed: � FY10 Budget - Taxable Value (See attached) » Reported the 'Tinar Taxable Value for the Lely MSTU is $120,322,492.00 The Taxable Value is $10,927,908.00 higher than projected • CLM -Sub Drive /Surge Protector quotes (See attachments) » Labor $4,660. 00 » Part $2,898.75 (25% markup was applied by the Contractor) Darryl Richard may direct order the Sub Drive via the manufacturer and save the 25 %. • (L-43) Hannula -Dora) Circle and Rattlesnake Hammock Wall and Landscaping » Replacement of (6) Podocarpus is required To Do List #4 New decorative light » P. O. was issued for Hart's Electrical » Southern Signal Services was terminated » Hart's Electrical will provide a quote for proposed light installation at the bench Confirmation of the tentative road location (installation 2012) was recommended prior to moving forward with the light installation. #6 Solar Light » Light Pole painting is Complete » The Light is inoperable » Inspection by Hart's Electric will be conducted 4 16 1 After discussions it was concluded the light bulb is broken and may be 9 Y covered by a 5 year warranty. #16 Extra Poles » Extra poles were not purchased » The CAT facility may be used for future pole storage #17 Installation of new Pump Sub Drive -Surge Protector was not listed in the estimate Discussions ensued concerning the exposed blue pipe. It was suggested to install pedestrian rails on both sides of the road to look symmetrical, if painting the pipe was not an option. Darryl Richard will submit an application to ROW. IX. Housekeeping Items -None X. Committee Reports —None XI. Old Business -None X11. New Business -None XIII. Public Comments —None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:35 P.M. rely Golf Estates Beautification MSTU Advisory Committee These minutes approved by the Committee on 2f ".�1.0 o , as presented < or amended The next meeting is August 20, 2009 at 4:00 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 5 Fiala Halas Henning Coyle Coletta 161 � �°� REC /E It tf AUG 2 5 2009 Board of County Comm ssionars GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 July 16, 2009 SUMMARY OF MINUTES AND MOTIONS III. Approval of Agenda The following changes were made to the order of Agenda items: V11. A. Purchasing Department V11. B. Project Managers Report — Darryl Richard V11. C. Review of the To Do List V111. Landscape Architect's Report — Mike McGee Remove: V. B. Review Landscape Architectural Services Contract - Purchasing Robert Cole moved to approve the agenda as amended. Second by David Larson. Motion carried unanimously 3 -0. IV. Approval of Minutes: June 18, 2009 Robert Cole moved to approve the June 18, 2009 minutes as submitted. Second by David Larson. Motion carried unanimously 3 -0. V. Landscape Maintenance Report-CLM Robert Cole noted: • The leaning Palm Tree at Median 5 has not been addressed • CLM has been lax on trimming Darryl Richard noted the following: • CLM will not receive payment for the past two weeks of Pruning due to non compliance issues • Requested authorization from the Committee to utilize a Substitute of Services (as needed.) • Noted additional deficiencies by CLM » Weed Control » Irrigation Misc. Corres: Robert Slebodnik moved to approve if (maintenance issues) are not resolved in 10 days to bring in an outside Contractor to >what needs to be fixed and the payment will be deducted from CLM. Second by David Larson. %M 9. 16 1 Mike McGee noted the 10 day time frame was not practical due to the condition of the sod and recommended the zones be turned on manually. The motion was amended to read. "that the irrigation problems, be resolved within 48 hours and the remainder of the work such as killing the weeds etc., be done within the next 10 days and if not bring in an outside contractor to mop up." Motion carried unanimously 3 -0 VI. Transportation Operations Report A. Purchasing Department Steve Carnell stated McGee & Associates work order will expire at the end of the calendar year. It was suggested conduct a BVO (Best Value Offer) Competition which required a Selection Committee. It was noted that a MSTU Committee Member may serve on the Selection Committee. Robert Slebodnik volunteered to serve on the Selection Committee. David Larson volunteered to serve on the Selection Committee. Pam Lulich suggested an individual from the HOA serve on the Selection Committee. Robert Slebodnik moved (in regard) to the Architectural Contractors Selection Committee, the most logical plan would be the BVO method as far as the MSTU is concerned. Theme will be (2) members from the Lely MSTU Committee serve on the Selection Committee, David Larson and Robert Slebodnik. Additionally to have a member from the Lely Civic Association to represent the Community with respect to how the Community looks, what kind of look they want; etc. and proceed from that point. Second by David Larson. Motion carried unanimously 3 -0. VII. Landscape Architect's Report — Mike McGee A. Doral Circle Entry Renovations -Mike McGee reviewed Plans and noted the existing Bench will be removed and (2) Benches will be installed. Robert Slebodnik moved to approve for the Doral Entrance Project; that we (direct Staff) to order (2) Benches that are specified in the plan immediately, up to an amount of $2,500.00. Second by David Larson. Motion carried unanimously 3 -0. 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O 0 4. 0 0 r' 161 1 ho Report Date: July 16, 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 Lely MSTU Project Status (L-45) : _ CT VE - On Going - McGee Annual Services Proposal - Landscape Architectural Services Fixed Term; Dated: September 23, 2008 ( RFPBID # 08- 5060); Original PO amount: $9,499.00 12 -18 -08: Issue of Purchase Order pending. Committee to review and approve $9,499.00 1- 07 -09: Notice to Proceed Issued to McGee & Associates for a one year period - Work Order expires on Thursday, January 7, 2010 6 -11 -09: Per Committee chair request and staff concurrence - authorization issued to McGee & Associates to expedite production of concept drawings for recommended plantings at median near canal and any planting s on the ROW sides. CLM to perform the installation of any proposed plantings in coordination with McGee /Committee. 6- 24 -09: Purchasing Department to attend July 16, 2009 meeting to review services under RFPBID # 08 -5060 (L-44) A "T IVE - MCGEE - Doral Circle "North " - Entrance Landscape Project (adjacent to Hibiscus Golf Property); Original PO amount: $2,018.00 McGee Proposal Submitted (dated U- 20 -08) 12- 18 -08: Lely MSTU Committee to review proposal for $2,018.00 1 -6 -09: McGee and Associates sends Concept Plans to staff. 1 -7 -09: Notice to Proceed Issued to McGee & Associates with completion date of March 15, 2009. 1 -9 -09: MSTU Liaison Staff request "Pre -ROW Application" review of plans. 1- 14 -09: Transportation Pathways Coordinator/Project Manager David Buchheit expresses reservations about the lack of connectivity to any existing paths/sidewalks within the community. 2- 24 -09: Staff to forward `signed and sealed' plans for ROW Permit Review/Issue. Signed and Sealed Plans requested from McGee & Associates. 3- 16 -09: Change Order to McGee Work order to add production of Construction Plans pending submittal by McGee for additional scope items. 4 -9 -09: Committee approves not to exceed $4,000 for construction documents scope of services for McGee. 4 -9 -09: Actual amount of increase requested is $3,481.50 per McGee proposal. 4 -24 -09: Issue of Notice to Proceed pending PO Issue (staff processing paperwork) 5 -19 -09: Change Order has been approved for construction documents Purchasing Department 5- 21 -09: Executed Change Order sent to McGee & Associates for Construction Documents 6- 17 -09: Construction Documents pending from McGee & Associates 6- 29 -09: ROW Application submitted 7- 16 -09: ROW Plan review progressing; Comments received from Traffic Operations (L-43) : COMPLETED - HANNULA - Doral Circle and Rattlesnake Hammock Wall and Landscaping 6- 18 -09: Final Inspection - Hannula Doral Circle Project. (note: Punch List items must be completed prior to final payment) 6- 24-09: Completion of Final Punch -List pending. Final Payment pending completion of punch -list items. 6- 26 -09: Project is confirmed completed; Punch -List complete; CLM to maintain project; Hannula to perform periodic inspections for warranty items; Staff and CLM to perform inspections for warranty items. (L -34) - .``aTiV r% On mooing - CLM - Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04 -3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc. - Bid # 04 -3676 - plus 3 renewals. - expires on 9 -28 -08; Contract Extended to March 27, 2009 (on 9/19/08) 4- 14 -09: BCC Approval Bid #09 -5089 "Lely Golf Estates MSTU Roadway Grounds Maintenance" award to CLM. 6- 17 -09: Roger Dick coordinated with CLM to inspect HIT Controller 2 defective outputs identified system re- routed to operate at 100% capacity. 6- 19 -09: Lely Committee makes motion to "cut shrubs to 18 inches and hold 24 inches in height" for entire project. The Committee and staff reviewed `sight -line' issues. 6- 20 -09: Confirmation that CLM has trimmed shrubs to meet the County/MSTU Committee request. 16 i 1bn July 16, 2009 Lely MSTU "To Do List" 1. Accident #770; on pebble Beach; CLM estimate for $436.26 Status: Repair completed per CLM estimate; Confirmation of re- imbursement through Risk Management pending. (action: Salma Nabizad) Status: Salma Nabizad coordinating with Risk Management on reimbursement. 2. Doral Circle Entrance; Change order pending for $3,481.50 to increase McGee Work Order to produce the construction documents. Change Order Completed; McGee's scope is modified to include construction documents; Status: Construction Documents from McGee & Associates pending 3. St. Andrews Entry Sign `Refurbishment' (re- mounting of metal rim) Replacement of Entry sign with curvature. Status: 6 -25-09 Update: Meeting is scheduled 7 -1 -09 (2 pm) with SignCraft of Naples to review proposal for St. Andrews Signs 7 -16 -09 Update: Sign Craft to provide a `product sample' for new type of letters that would look similar to existing but be of `polyvinyl' or other material. 4. New decorative light; @ bench @ Buena Vista nursing home. —Black Lumec Status: 6 -25-09 Update: Meeting is scheduled 7 -1 -09 (3 pm) with Hart's Electrical to review scope for `lighting maintenance' and also proposal for new light near the bench @ Buena Vista 7 -1 -09: Meeting with Hart's to review all electrical maintenance. 7- 16-09: New PO Issued to Hart's Electrical for services to Lely Committee; Hart's is to provide quote for proposed installation of light at bench. 5. Doral Hedge Project — Hannula: Status: Completed 6- 26-09: Project Punch -List is determined completed; project complete 6. Solar light Light pole has been painted green per Committee request, however, light is not working properly Status: 7 -16 -09 Hart's Electrical to inspect and replace light as necessary.(PO issued on 7- 15 -09) 7. CLM Estimate E1002519; $515.00 Accident 859; Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 8. CLM Estimate E1002524; $612.00 Accident 864; Status: Estimate Approved; pending completion by contractor; (insurance recovery; Attn: Salma) 9. CLM Estimate E1002529; $390.00 — Irrigation Adjustments Status: Completed by CLM 1111 1 �j11 10. CLM Estimate E1002532; $1,115.00 Plant Replacement — Holly(s) -- Status: Completed by CLM 11. CLM Estimate E1002559; $600.00 Plant Replacement — Caladium plantings at entrance to St. Andrews (qty. 75 @ $8.0 ea.) Status: Completed by CLM 12. St. Andrews - Canal Median Refurbishment Project; McGee & Associates; Under PO 4500103649 `Lely MSTU - Annual Professional Landscape Architectural Services': Status: McGee has prepared concept drawings; CLM to provide estimate for cost of installation of proposed landscape /irrigation per McGee's recommendation as approved by Committee on 6- 18 -09. 7- 16 -09: Estimate from CLM is pending 13. Confirmation that "all" shrubs have been cut per Committee request on 6 -19 -09 that shrubs be `cut to 18 inch height and held at 24 inch height' maximum. Status: Staff confirms on 6 -20-09 that Commercial Land Maintenance (CLM) did cut the shrubs to `contract specifications' (previous to 6 -19 -09 committee motion) of no more than 30 inches within medians and to no more than 24 inches (for sight -line) at median tips. 6 -25-09 Update: Field Meeting is scheduled for June 30, 2009 (1 pm to 3 pm) to review all shrubs in Lely Project in terms of `sight -line' and per Committee request to `cut to 18 inches and maintain at 24 inches' all shrubs within project. 6 -30-09 Inspection confirms shrubs are trimmed to specifications. Action Plan: Per the 6 -19 -09 motion: Staff will review all medians in upcoming field meeting with Contractor and Maintenance Consultant (McGee & Associates) to measure the height of the shrubs. 14. New PO Issue to Hart's Electrical for maintenance of lighting for Lely MSTU; Status: Purchase Order issued to Hart's Electrical (on 7- 15 -09) 15. Installation of `bolt' for the solar panel Status: Completed; New bolt installed by staff. 16. Inquiry regarding order for lights; Did we order any extra poles? Ans: No Status: Completed; In review of all Purchase Orders related to poles for Lely MSTU there are no `extra' poles that have been ordered, therefore there are no poles in storage. All poles ordered have been installed. 17. Installation of new Pump Sub Drive: 7 -15 -09 quote from CLM received for project 7- 16 -09: Staff review of CLM quote in process; Staff to present to Committee on 7 -16 ted: ?/14/200910:43:31 AM e: 1 Naples Armature W 1101 5th Avenue Naples, FL 341 t Ph 239.262.4554 Fx 239. Bill To: Commercial Land Maintenance Commercial Land Maintenan 3980 Exchange Ave Naples, FL 34104 239• -643 -6205 INSTRUCTIONS: Maria 843 -6012 Order Status: In Stock 161 � j, Sales Order #J Ordered: 7/1412009 Associate: Sysadmin Page 1 0 Gvs a, 3 \`� . OD Item Name Item Description Qty Price Ext Price Franklin SubDdve 150 Parts 1 $2,120.00 $2,120.00 Liohtenln-q Suppessor Can ShParts 1 $199.00 $199.00 Subtotal: $2,319.00 Local Sales Tax 8 % Tax: + $139.14 TOTAL: $2,458.14 Deposit Balance: $0.00 Balance Due: $2,458.14 Prices do not include Thank you for your a w uy �1p ppp pp p 161 .1 FA + M,41. "c HaiG'mm v7Syr'= tdn =���v0im{ n' 'Uczntzn Z�b�n n mmm- 4i -�imOr ztnglNrl�fa��D mzyync' > rnnr mm,� nmmmMAi° NOC)�Dy� �moa$mnaDZym 'mo4zm80,o'." ;N4mMMM c 1�0� 8z Z' � Xy�m�m0z <2m mzo" I' ;l�Ac�'�mo� o pp p�WiD z�C) m zw EmmZm mm cDiozcmn� ". 0<po 3 Om?3 Z c�v z mz GI ?5 D— mz� cmm 000-1D PMEM � N mom ]D. 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M 40 " 40 40 40" " 14 40 40 40 40 40 40 "" 40 40 40 fn 40 40 40 40 40 40 to {{Opp O U N ( W V N A Of OD (D OD t V OV N A O N Dp O A OD � V d7 f0 U W A 4A1 !D tN0 W pp 89 O 98 S A S W O r O All W 0 O OppD O O Cn N N 0 U OD OD V+ O 1 bil � C: -+ Z -< O ic N � �p C LELY MSTU FUND 152: FY -10 BUDGET - TAXABLE VALUE PREVIOUS VERSION OF FY -10 BUDGET - TAXABLE VALUE 161,156,013 FY 08 Final Taxable Value 142,999,456 FY 09 Final Taxable Value 109,394,584 - 23.50% Adj. 09 to 10 FY 10 FY 09 2 mill cap Millage 2.0000 1.7070 Extension 218,789 244,100 REVISED VERSION OF FY -10 BUDGET - TAXABLE VALUE 161,156,013 FY 08 Final Taxable Value 142,999,456 FY 09 Final Taxable Value 120,322,492 FY 10 July 1 Taxable Value - 15.86% Adj. 09 to 10 FY 10 FY 09 2 mill cap Millage 2.0000 1.7070 Extension 240,645 244,100 $120,322,492 NEW TAXABLE VALUE - $109,394,584 OLD TAXABLE VALUE $10,927,908 INCREASE IN TAXABLE VALUE 161 1 11 Commercial Land Maintenance Full Service Landscape Management 3980 Exchange Avenue • Naples, FL 34104 Office. (239) 643 -6205 • Fax: (239) 643 -5012 E -mall: info @commlandmalnt.net BILLS Cewty Dqt TnmqmxtWm 3301 East Tandwd Trall Maples, FI 34112 16 1 1 �q LAS_ jJ_] E1002609 CUSTOMER NO. 12 irrigation Technician Supervisor Labor to install a Franklin 65.00 780.00 Drive system (and a hghtninp mmA protector) to convert converdlow lion pwnp system to a Variable.Frequer+cy Drive system. Check and must system for proper pressure. 12 Irrigation Technician Labor to assist. 65.00 780.00 1 I Reimbursement for irrigation materials purchased (cost + 256) 3,100.01 3,100.00 Please Nate: The ealimated work hours may be higher or depending on actual fours expended. TOTAL THANK YOU! WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE 1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID �'� .,. �- : � F Fiala Halal AUG 2 4 2009 r r H Coyle 16 i 1 �j2,D June 17, 2009 MINUTES OF THE MEETING OF THE PARKS AND RECREATION ADVISORY BOARD Naples, Florida, June 17, 2009 LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: CHAIRMAN: VICE CHAIRMAN: John P. Ribes Edward "Ski" Olesky Barbara Buehler Paul Nyce Kerry Geroy (Excused) David Saletko (One Vacancy) ALSO PRESENT: Barry Williams, Director, Parks & Recreation Tony Ruberto, Sr. Project Manager Tona Nelson, Sr. Administrative Assist. Peg Ruby, Marketing Specialist Gary McAlpin, Director, Coastal Zone Management Kerry Runyon, Regional Manager Shari Ferguson, Regional Manager M is cM%TgSprres: ore: n o Hem 0: (�-C L LL�b :77 , 161 1 (bao June 17, 2009 I. Call to Order Chairman Ribes called the meeting to order at 2:00 PM. II. Pledge of Allegiance and Invocation The Pledge of Allegiance was recited and Invocation was held. III. Approval of Agenda Mr. Olesky moved to approve the agenda. Second by Ms. Buhler. Carried unanimously 5 -0. IV. Approval of May 20, 2009 minutes Mr. Olesky moved to approve the minutes of the May20, 2009 meeting. Second by Ms. 1a. �►.4� '9010"y- Carried unanimously 5 -0. V. New Business 1) Directors Highlights —Barry Williams • Budget preparation continues, based on the latest projections, the County Manager has directed the Parks and Recreation Department to prepare a budget decrease for 15% over last fiscal year. • Lauren Gardner, University of North Florida student was introduced as a new intern for the Department. Summer Camps are underway; there has been a decrease in enrollment over the previous year. The Board of County Commissioners reviewed the Champ Boat Series request with the recommendations provided by the Parks and Recreation Advisory Board and found acceptable. The BCC has requested Staff provide a plan for conducting the sale of alcohol on site. It will be heard by the BCC on June 23, 2009 for final consideration. 2) May and June Employee of the Month Melissa Lupo was recognized as the Employee of the Month for June 2009. 3) Resignation of Frank Donohue. The Board was informed of Mr. Donohue's resignation and recommended Staff prepares a Certificate of Appreciation for his service on the Board. VI. Old Business 1) Margood Boating Park — Heidi Williams with Q. Grady Minor & Assoc. Heidi Williams provided a Slideshow on "Mar -Good harbor Park — RZ- 2009 -AR- 13967 & VA- 2008 -13671 " highlighting the following: • The 2.62 +/- acre site is located in Goodland on lands currently owned by the County. The proposal is for Parks and Recreation Department request to develop a County Park Facility to include walking trails, Picnic Pavilions, Canoe and Kayak Launch, Playground, and Interpretive Center, etc. P 161 i �,� June 17, 2009 • The project requires approval of a Rezone to Public Zoning Designation and requests variances from several Land Development Code requirements. • There are Historic and Archaeological considerations for the site and the Historical and Architectural Protection Board has approved. the proposal with conditions. • The Applicant suggests condition #1 and 2 recommended by Staff (Recommendations in Staff Report for the Rezone (RZ-2008-AR- 13 967, MAR -GOOD HARBOR PARK (COMPANION TO VA- 2008 -AR- 13671)) be reworded to the following: "The applicant shall return to the Historic/Archaeological Preservation Board during the Site Development Plan (SDP) review and approval process. The SDP shall take into consideration the restoration of viable structures and preservation of artifacts. " • The Applicant accepts recommendations 3 -5 contained in the Staff Report for the Rezone but objects to condition #7 recommended by Staff. (Recommendations in Staff Report for the Variance Request (VA- 2008 -AR- 13671, MAR -GOOD HARBOR PARK (COMPANION TO RZ- 2008 -AR- 13967)) (Irrespective of that depicted in the cross - section J -J exhibit, a double hedgerow shall be provided in this buffer, which may be clustered and planted at a minimum height of 30 inches in order to preserve views. ' ) as it is an "unnecessary costly requirement, not enough room for a double hedge row and maintenance would be difficult in a tight space." • Photographs of the area and cross section J -J were provided to the Board to support the objection. • The Applicant accepts Recommendations 1 -6, and 8 contained in the Staff Report for the Variance request. • The Applicant is also requesting a waiver for the requirement to construct a wail to buffer the adjacent residential properties. • She requested the Advisory Board support the Applications for development of the site as presented herein including a waiver of the wall requirements. Mr. Nyce moved to approve the Request (recommend approval of Application Rezone - RZ -2008 AR -13967 and VA-2008-AR-1367 subject to the following: 1. Re -Zone RZ -2008 AR -13967 - Rewording to combine recommendations #1 and 2 for proposed permit condition as outlined above: "The applicant shall return to the Historic/Archaeological Preservation Board during the Site Development Plan (SDP) review and approval process. The SDP shall take into consideration the restoration of viable structures and preservation of artifacts " 2. VA —2008—AR-13671 — Recommendation #7 in the Staff Report not be incorporated as a permit condition.) 3. Waiver of the wall requirement. Barry Williams noted the neighborhood residents were surveyed and the respondents were in favor of eliminating the requirements for the construction of the wall. 16 6,7,,o June 17, 2009 Second by Mr. Olesky. Carried unanimously S -D. 2) Boat and Beach Access Report — Gary McAlpin Gary McAlpin presented a Slideshow on the "Boat and Beach Access Report" Updated March 2009 highlighting the following: Will be presented to the BCC and assesses Collier County's performance in providing beach access and boat launch facilities to its residents and visitors. • Standards have been developed for identified levels of service to assist the County in future planning activities for provision of boat ramps, boat trailer parking and beach parking and access. • According to the standards, the 33 boat ramp lanes (total existing and proposed) cannot handle the demand for boat launch facilities. 42 boat lanes are required to meet existing usage and projections indicate by 2018, 47 lanes will be required. • There are inadequate boat trailer parking spaces, which negatively impacts the capacity of the launch facilities. • The number of beach parking spaces currently meets the 1:150 (1 space for every 150 residents) parking ratio recommended by the Parks and Recreation Advisory Board. The provision of service is based upon average daily usage, not peak usage Staff is recommending: • Consideration of a dock and pier at Barefoot Beach Preserve to improve access by waterborne visitors. • The County continues to pursue its current acquisition policy for beach access and develop revisions to the Land Development Code for requiring public beach access during the requests for Development Orders. • Extending CAT services along Gulf Shore Drive to increase the amenity of the 7- walkway easements along Vanderbilt Beach. • Consideration of Trolley services from remote parking locations. Review of the current policy for Beach Parking Fees to identify if additional revenues may be obtained. • Continued pursuit of expanding the existing boat parks and parking where appropriate. He requested the Board approve the Report for presentation to the Board of County Commissioners. Discussion occurred on if the levels of service standards are adequate, the lack of parking at both Saltwater and Freshwater boat ramp facilities and design standards for boat parking facilities in residential areas. Barry Williams noted the standards for levels of service continue to be updated as the existing standards were developed in the year 2000. 4 161 1 0?,o June 17, 2009 Mr. Olesky moved to endorse the Report. Second by Ms. Buhler. Motion carried 4 "yes —I "no." Mr. Saletko voted "no." Mr. Saletko stated he is not in favor of raising beach - parking fees. 3) Beach Parking and Boat Launch Fees — Murdo Smith Barry Williams presented an update on the status of Beach Parking and Boat Launch Fees at County Facilities highlighting the following: • The Department is analyzing its revenue stream for the Beach and Water Fund. • The Beach and Water Fund is utilized for expenditures for Park Rangers, maintaining boat ramps, Staffing facilities, beach cleanup, trash removal, etc. 55% of the Revenue for the Beach and Water Fund is derived from Boat Launch Fees. • 45% of the Revenue is generated via a $50 annual fee on residents Ad Valorum Tax Bill for "beach parking." • Based on current budget constraints, the County is investigating a revision to the Beach Parking Fees. The County is considering eliminating the annual fee from the tax bill and requiring an individual to purchase the Annual Beach Parking Sticker or pay a daily fee to park. Also under consideration is revising the fee schedule for the Annual Beach Parking Sticker and/or daily parking. The Productivity Committee is recommending a $30 — $40 Annual Fee and possibly instituting an hourly fee for parking for daily visitors, etc. • Staff is recommending a $50 Annual Parking Fee and a $6 daily parking fee for residents and non- residents. • Also under consideration is the reduction in the level of service provided by the Department. He requested the Board endorse the Productivity Committee and Staff investigating the concept of user fees for utilizing County Beaches as opposed to the Ad Valorum supplement. Board discussion occurred on the ramifications of changing this Policy on the County residents who utilize the City of Naples beaches. Some members expressed concern over the concept of charging residents for use of parking facilities at County Beaches. Barry Williams re- iterated residents do not currently utilize beach parking for "free" as everyone has a $50 beach parking assessment on their tax bill. This would be eliminated and changed to a "user pays" system. Ms. Buhler noted, as an alternative, consideration could be given to increasing the parking assessment to resident's tax bills to $75, etc. if necessary to provide the required level of service. 16 1 1�v June 17, 2009 Mr. Olesky moved to support Staff and the Productivity investigating the Beach Parking Fee Policy. Second by Ms. Buhler. Motion carried 3 "yes" — 2 "no. " Mr. Saletko and Mr. Nyce voted "no. " VII. Recreational Highlight -Drug Free Collier Event @ Sun N Fun- Lagoon -Kerry Runyon An overview was provided on the events held for "Drug Free Collier" at the Sun N Fun Lagoon. This year's events for area schools were on April 25, and May 8, 2009. The events had a large increase in participation with no problems encountered. VIII. Capital Project Highlight —Tony Ruberto An update was provided on the status of the construction of the new soccer fields at East Naples Community Park. Mr. Nyce left at 4: 06 pm IX. Marketing Highlights — Peg Ruby Shari Ferguson noted: • July is Parks and Recreation Month to be proclaimed by the Board of County Commissioners on June 23, 2009. • A calendar of events entitled "Celebration July" is available to the public. • A "Poker Run" will be held on June 27, 2009 beginning at North Collier Regional Park and culminating at Harley Davidson of Naples. • An event was held for the Southwest Florida Concierge Assoc. at Sun N Fun Lagoon. X. Adopt a Park — Paul Nyce Postponed XI. Informational Items Submitted XII. Public Comments None Meeting Attendance Ms. Geroy was excused and Mr. Nyce left early. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:12 PM. COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD 16 1 p l June 17, 2009 Cha rman John . Ribes~ These Minutes approved by the Board/Committee on 19 • 09 as presented or as amended >C 711 RECEIVED Fiala AUG 2 0 2009 Halas Henninl �oarct of cc r,nty Commissioners PELICAN BAY SERVICES DIVISIONCOyle Municipal Services Taxing and Benefit tGOtetta NOTICE OF PUBLIC MEETING MONDAY,"JULY 13, 2009 THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD WIt.L MEET N REGULAR SESSION, MONDAY, JULY 13, 2009 AT 1:0103 PM ,A-r T!-- -- HAMMOCK OAK COMMUNITY CENTER, 89603 HAMMOCK OAK DRIVE, NAPLES., AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Welcome Administrator, Neil Dorrill 3. Approval of June 11, 2009 PBSD Meeting Minutes 4. Chairwoman's Report a) Pelican Bay Foundation's Strategic Planning Committee Update and Presentation 5. Approval of April 27, 2009 Budget Committee Meeting Minutes 6. Approval of May 11, 2009 Budget Committee Meeting Minutes 7. Approval of May 15, 2009 Safety Committee Meeting Minutes 8. Committee Reports and /or Requests Budget Committee Safety Committee 9. Community Issues 10. New Business a) Plant growth on the west side of the berm (Mr. Tom Cravens) 11. Audience Comments 12. Adjournment SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES 02,1,/ 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. Misc. 3orrrehes. Date:Anv.�. ?) - 161 1 62i SUMMARY MINUTES OF THE MEETING OF THE PELICAN BAY SERVICES DIVISION ADVISORY BOARD July 13, 2009 LET IT BE REMEMBERED that the Pelican Bay Services Division Advisory Board, in and for the County of Collier, having conducted business herein, met on Monday, July 13, 2009 at 1:00 PM in Regular Session at the Hammock Oak Community Center, 8960 Hammock Oak Drive, Naples, Florida 34108, with the following members present: Mary Anne Womble, Chairwoman Tom Cravens Keith Dallas Geoffrey Gibson Ted Gravenhorst John Iaizzo Michael Levy Gerald Moffatt Hunter Hansen Theodore Raia (excused absence) Also Present: Neil Dorrill, Administrator, Pelican Bay Services Division; Kyle Lukasz, Field Operations Manager, Pelican Bay Services, Division; Mary McCaughtry, Recording Secretary, Pelican Bay Services Division; and Lisa Resnick, Administrative Assistant, Pelican Bay Services Division. AGENDA 1. Roll Call 2. Welcome Administrator, Neil Dorrill 3. Approval of June 11, 2009 Pelican Bay Services Division Advisory Board Meeting Minutes 4. Chairwoman's Report a) Pelican Bay Foundation's Strategic Planning Committee Update and Presentation 5. Approval of April 27, 2009 Budget Committee Meeting Minutes 6. Approval of May 11, 2009 Budget Committee Meeting Minutes 7. Approval of May 15, 2009 Safety Committee Meeting Minutes 8. Committee Reports and/or Requests a) Budget Committee b) Safety Committee 9. Community Issues 10. New Business a) Mangrove overgrowth on west side of the berm 11. Audience Comments 12. Adjournment ROLL CALL Chairwoman Womble called the meeting to order at 1 p.m. Ms. McCaughtry took roll and with the exception of Dr. Ted Raia (excused,) all Board members were present. WELCOME ADMINISTRATOR NEIL DORRILL Chairwoman Womble formally introduced Mr. Neil Dorrill, Pelican Bay Services Division's new Administrator and briefly presented Mr. Dorrill's background and experience. Mr. Dorrill is President of the Dorrill Management Group, his community management and consulting company based in Naples. Dorrill Management Group's (DMG) principal clients include large master planned communities throughout Southwest Florida. Mr. Dorrill thanked the Board and expressed his delight and excitement as he commences as Pelican Bay Services • .R, Pelican 161 ` Bay Services Division Summary Meeting Minutes July 13, 2009 Division's Administrator. He also said that he believes by this time next year, the Board will be very happy with his management of the Services Division. APPROVAL OF THE J_ UNE 11, 2009 PELICAN BAY SERVICES DIVISION ADVISORY BOARD MEETING MINUTES Mr. Cravens made a motion to approve the Pelican Bay Services Division Advisory Board Minutes of June 11, 2009. Mr. Levy seconded the motion with discussion and amendments. The Board received copies of Mr. Levy's amendments and they were as follows: On page 8071 the fourth sentence should read, "This will be the third year in a row that the Services Division has either reduced or has not had an increase in the assessment." In the second paragraph on that page, about two thirds of the way down it should read, "If you look at the top line under revenue we have $2,170,000 carry forward to capital projects, $111,000 less than it was when it left the Budget Committee. The reason being that when the budget was constructed, $111,000 of expenses which occurred early in the year for some now completed capital projects were not picked up namely the Oakmont irrigation and Bollard lighting on Vanderbilt Beach Road. Picking up the $111,000 of expenses reduced the carry forward to $2,170,000." The last sentence of that paragraph should read, "The only thing that is not in there are the two -and one - half month's cash flow for operations that is $63 1,000 and the equipment reserve of $166,000." On page 8072, the last sentence in the first paragraph should read, "The same three numbers for 2009 come to $3,039,000, or if you will, $52,000 more than in the 2010 proposed budget." In the second paragraph, the second sentence, "Board of County Commissioners" should read "the County budget staff." In the last sentence where it says, "all carry forward reserves," the words "Clam Bay" should be added before the word "reserve" to read, "All carry forward Clam Bay reserves..." On page 8073 just below the middle of the page should read, "So the changes on this handout from the book you received previously are the things we talked about and they are the $56,000 reduction of Fund 111 and the Pelican Bay Clam Bay assessment. We cannot use the $56,000 assessment in Clam Bay and we have moved it over to capital projects. Previously we were transferring $140,000 of carry forward from Clam Bay to the capital projects. We cannot do that now. The capital projects budget number has gone down by $90,000, which is equal to the removal of the $140,000 Clam Bay carry forward transfers minus the $56,000 increase in assessments. It is about a net of $90,000 reduction to the capital projects." 8100 Pelican Bay Services Division Summary Meeting Minutes 3 July 13, 2009 Mr. Cravens made a motion to approve the Pelican Bay Services Division Advisory Board Minutes of June 11, 2009. Mr. Levy seconded the motion with discussion and amendments. With no further discussion or amendments, the Board approved unanimous[ as read, the June 11, 2009 meeting minutes. PELICAN BAY FOUNDATION'S STRATEGIC PLANNING COMMITTEE UPDATE AND LANDSCAPE ARCHITECT "SCOPE OF SERVICES" PRESENTATION BY MR. KEVIN MANGAN PRINCIPAL LANDSCAPE ARCHITECT WILSON MILLER Chairwoman Womble introduced the next item, a presentation by Mr. Kevin Mangan, the Principal Landscape Architect from Wilson Miller. Wilson Miller is the landscape architecture firm chosen by the Pelican Bay Foundation's Strategic Planning Committee's Subcommittee for Landscape Architecture to develop a "Scope of Services" as suggested in the Pelican Bay Foundation's Strategic Plan. Ms. Ronnie Bellone, Co -Vice Chair of the Foundation's Strategic Planning Committee provided the background and purpose of the Strategic Planning Committee's Refined Draft "Scope of Services" for Landscape Architecture, one facet of the Strategic Plan. In summary, the Strategic Plan is an integrated community plan designed to be implemented over time. The Strategic Plan looks at Pelican Bay in its entirety using a holistic approach and conceptual design perspective and improve it by addressing safety, security, streetscape, lighting, pathways. The Landscaping Subcommittee evaluated and interviewed landscape architecture firms and chose Wilson Miller to propose a landscape architecture "Scope of Services" for Pelican Bay. Mr. Merlin Lickhalter, Co -Vice Chair of the Foundation's Strategic Planning Committee began by clarifying that today's presentation of the Landscape Architecture "Scope of Services" is only one piece of the implementation required from the Strategic Plan. The Strategic Plan is much more comprehensive and includes programs, services, facilities, beaches and more. REVIEW OF REFINED DRAFT LANDSCAPE ARCHITECTURE "SCOPE OF SERVICES" Pelican Bay Services Division Board members were given the opportunity to provide input prior to today's meeting and two suggestions were received. Mr. Lickhalter reviewed those suggestions and made recommendations. 1. Develop detailed master streetscape plan and recommendations for landscape materials and irrigation improvements in public right of way with consideration for "Going Green." Services Division Board member suggested exploring "Going Green" alternatives. Mr. Lickhalter's response on behalf of the Strategic Planning Committee was to change the verbiage to read, "undertake these activities with consideration for sustainability 8101 Pelican Bay Services Division Summary Meeting Minutes 6 1! v July 13, 2 009 consistent with current good design practices and applicable recommendations and regulations of local, state, and federal agencies, all of whom have a stake in sustainability. " 2. The second and only other Services Division Board member comment received dealt with the lighting and the lightingfixtures. The Strategic Planning Committee made a suggestion to change the verbiage to read, "Develop recommendations for improvements in compliance with 'Dark Sky' criteria. " "Dark Sky" criteria meaning nationally recognized criteria for lighting that does not pollute the environment. " Mr. Kevin Mangan introduced his landscape architecture firm Wilson Miller. He emphasized Wilson Miller's extensive history with Pelican Bay and the many communities that share "DNA of Pelican Bay" which has always been on the cutting edge of sustainability and green initiatives, even before it was en vogue. Wilson Miller's goal is to continue along the concept of sustainability for a mature community and best maintenance practices, designed for long term operations and maintenance of landscaping, signage, irrigation, water management, lighting, pathways, safety and security, aesthetic qualities, updating rules and regulations, ADA compliance, and technology is in their purview. Mr. Mangan stressed that this is a huge undertaking that has many challenges. The process has no single solution and no ideas right now are bad ones. The past several years were spent gathering information and ideas and they will continue to do that and try to ensure checks and balances. A lot of work, ideas should be shared at each stage to determine priorities, the overall cost -benefit criteria, financial, ecological, etc. Chairwoman Womble emphasized that the Strategic Plan is a very large and complex project. The goal is to integrate the Services Division and Foundation goals together, without stepping on each other's toes, utilize monies appropriately, and work together gradually toward a wider goal, rather than doing things by "piecemeal ". If everyone is informed and allowed input along the way, it will minimize bad ideas and displeasure with the results. Ms. Bellone acknowledged Chairwoman Womble's explanation. Mr. Gibson requested copies of the presentation for each Board member because it was hard to see it on the screen. Chairwoman Womble requested copies of the presentation from Mr. Mangan, who said that he would comply and staff will distribute. Mr. Hansen stated that his Board membership represents the commercial interests from Naples Grande and asked if there was a level of involvement in the Strategic Plan project. He also asked what Mr. Mangan envisioned for the commercial interests in the community. 8102 Pelican Bay Services Division Summary Meeting Minutes 16 1 July 13, 2009 In response to Mr. Hansen, Mr. Mangan said that the effort of gathering information for the Strategic Plan has been in process for over two years. It was his understanding that early on commercial interests were invited to community workshops to provide their input and perspective from a business standpoint and the intent was for those ideas to be incorporated into the Strategic Plan. Mr. Mangan said that by his best estimate, but not specific, that traffic, safety, and security elements may be of interest to the commercial side. Mr. Hansen said that he only raised the comment because it is a relevant relationship and there should be some level of involvement. Mr. Mangan responded Wilson Miller works in three marketplaces and they are communities, urban environments and leisure environments that includes hotels, so it is the intent that commercial interests be an integrated part of the Strategic Plan because hotels are part of the community and everyone is a participant. Mr. Gravenhorst asked what the priorities are if there is a conflict. What takes precedence over a conflict with visual community beautification and safety and security because one will affect the other. Mr. Mangan responded that in his opinion it would not be the consultant's priorities, but jointly decided by the community through representatives from the Services Division and the Foundation based on all the information that the consultant makes available. Mr. Gravenhorst said that the community wants to know what they are spending their money on, so the priorities should be identified. Chairwoman Womble explained that no priorities have been identified and that Wilson Miller would evaluate and come back to the Strategic Planning Committee and the Services Division with recommendations. At that time, it would be both groups making that decision. She also said that implementation will take time because it is a huge project. writing. Mr. laizzo said that the "Scope of Services" effort needs approval by residents of the community and in Chairwoman Womble and Mr. Lickhalter explained that there were town hall meetings and a survey and the results were incorporated into the Strategic Plan. Mr. Iaizzo restated that the residents should approve or disapprove of each item on the "Scope of Services." Mr. Cravens commented that in the past, generalized resident input was provided and referred to bicycle paths. He said that from generalized input, a very specific plan was proposed that most of the residents opposed, so 8103 Pelican Bay Services Division Summary Meeting Minutes 161 6 2 l July l3 2009 it was important to take steps to get the community behind each phase of each project, specifically the ways the projects are proposed to be implemented. Mr. laizzo added that whether financial responsibility is the Services Division or the Foundation, the money is coming from the same pot, so the dollar figure also needs resident approval. Members of the Strategic Planning Committee defended their position that at every step during the process that they would obtain community input. Mr. Dallas pointed out that feedback from the community is necessary and in order to determine the implementation of a recommendation that enough detailed information was necessary to provide to the residents. Mr. laizzo stressed again the importance of feedback from the community and his objection to going forward without it. issues. Mr. Gravenhorst questioned Mr. Mangan's background in safety and security. Mr. Mangan responded that he has certified staff that use technology to determine safety and security Mr. Moffatt said that the survey results are old and that it was taken at a time when the economy was good. Times have changed and the data is stale. Ms. Noreen Murray stated that the survey asked what are you satisfied and dissatisfied with in Pelican Bay, not what do you want us to spend money on and there is enormous support with the items identified on the "Scope of Services." Mr. Moffatt commented that there is a difference between "need" and "nice to have." Ms. Murray responded that what most people wanted were things the community already has and that there was no overwhelming support for new facilities. Mr. Moffatt asked if Wilson Miller had actually been hired and the cost. Mr. Lickhalter explained that the Strategic Planning Committee is going through the process set forth by Florida Law and County's procurement process to choose the firm. The next step prior to signing a contract is to define a "Scope of Services." The process cannot go forward without a fixed "Scope of Services." Mr. Gravenhorst said that the study should be prioritized by "needs" and "nice to have." 8104 Pelican Bay Services Division Summary Meeting Minutes 1 July 13, 2009 Mr. Mangan explained that by narrowing down the broader "Scope of Services" into smaller, more manageable goals that the priorities would all fall into place. Mr. Moffatt said that after those smaller goals are identified, then they should be taken to the community for input. Mr. Dallas said that they should be taken to the community during the process, before they are finalized. Ms. Bellone said that until goals are identified, there is nothing to show to the community. Other ideas may come forward or drop out during Wilson Miller's consultation of design and development. Mr. Moffatt asked about cost and that if the ideas are not good, they could be dropped, i.e., eleven items now, drop to seven, and in turn, the cost would drop. He pointed out that the Services Division did not have the level of involvement that Ms. Bellone implied. Involvement was zero at the joint meeting and the Services Division was not invited to participate at the subsequent interview meetings. Ms. Bellone apologized. Chairwoman Womble said the Board was invited and it was in the minutes. Mr. Cravens countered with in order for the Board to be there, the meeting had to be publically advertised and it was not. Mr. Lickhalter responded to Mr. Moffatt's suggestion to drop services to save dollars. At some point that may be valid but all services must be addressed now. Mr. Dallas said that the Services Division does not really have a huge role or responsibility on a lot of the identified "Scope of Services" and nothing should be eliminated regardless. He used the example of the berm on U.S. 41 and not the Services Division's responsibility. Mr. Hoppensteadt said that the Foundation owns the land, but the Services Division is responsible for the maintenance. Mr. Lickhalter said that a global plan be devised with as many services as possible and nothing cut out unless determined it is not going to work. Mr. Dorrill reaffirmed that the Services Division has a very narrow role in the implementation of the Strategic Plan and the Foundation has a major role and will identify, define, protect and promote the Pelican Bay brand in all aspects and decisions. The Services Division role is really only to maintain streets, storm drainage, and streetscape and other public aspects of the community. He recommended that the Chairwoman make a motion for the Administrator to explore possibilities for a legally sufficient inter -local agreement between the Services Division I. Pelican Bay Services Division Summary Meeting Minutes (a 1 f�V July 13, 2009 and the Foundation. This inter -local agreement will define the Service Division's and the Foundation's roles, requirements, and responsibilities, including financial. The inter -local agreement would define public elements of the "Scope of Services," therefore narrowing down what the Services Division can pay for legally, which is only the public elements. This will be proactive and circumvent any potential internal struggles down the road with the County. Mr. Mangan stated that it was his job to methodically evaluate the "Scope of Services" document using an integrated approach as to how they fit into the community, and extract the eleven items into specific implementable issues. They would then provide their professional opinion and make recommendations. The community via the Committee and Board would prioritize the goals, but first the goals need to be identified and that is why he was hired. Then they would evaluate a second "Scope of Services" and charge a fee specific only to that. Mr. Moffatt asked Mr. Dorrill if the Services Division Board would be able to "sign off on each Scope of Service at each step along the way. Mr. Dorrill said that terms would have to be specifically defined in the inter -local agreement so that you are satisfied that your money is being spent only on the public aspects in the order that you decide they should be spent. The Services Division Board will decide, approve and prioritize those elements of our role in the community and in return, we will pay our cost share with the Foundation. Mr. Levy said there was never any discussion on allocation or cost sharing of the initial study and from what he understands this is the Foundation's Strategic Plan and we are being brought on board because there are areas where the Services Division largely implements. However, the study is being done by the Foundation. Mr. Dorrill said that from what he understood, the Services Division would cost share with the Foundation appreciable assets that we own and operate; items of a public element only. The Foundation has to use their non- profit funds only on property that they own and County can only use their funds for the public, County-owned elements. Mr. Levy responded that he did not recall discussing that and first he has heard of it. He asked what consideration was given to the Budget to this fiscal year or next. Chairwoman Womble confirmed and explained that due to Mr. Dorrill just coming on board July i her desire to get him acquainted with Mr. Hoppensteadt to decide how to go forward legally and with an understanding of the appropriate use of the funds, as well as where the money comes from and who pays for what. That is the next 8106 Pelican Bay Services Division Summary Meeting Minutes 161 July 13, 2009 step in process and must be done as soon and as possible. Mr. Dorrill and Mr. Hoppensteadt will bring what they decide back to this Board for approval of the inter -local agreement. Mr. Moffatt said that from what he understood, the monies would come from the capital funds. Mr. Dorrill agreed and added that an appropriate budget amendment would have to be done the first month of the fiscal year (October.) Mr. Dorrill elaborated on his earlier recommended motion to instruct the Administrator to affirm the legal sufficiency of the desired approach and to bring a phased inter -local agreement back to this Board no later than the September meeting. Mr. Moffatt made the motion with discussion. Mr. Cravens asked Mr. Dorrill what he meant by "bring that back to this Board" if he meant for this Board's approval. Mr. Dorrill responded that yes, the inter -local agreement would he brought back to this Board for approval or for the Board's decision as they see fit. Should this Board choose to not do this in a cooperative manner, retain your own consultants, and do your own project that would be a Board decision and could not be delegated to the Administrator. Mr. Cravens seconded the motion. Mr. Gravenhorst said that the "Scope of Services" needs to be identified and be portioned as to which services are the responsibilities of the Services Division and which ones are the responsibilities of the Foundation. Chairwoman Womble confirmed responsibilities will be spelled out in the inter -local agreement. Mr. Moffatt added that how each phase of the deliverables or "Scope of Services" affects everything, emphasizing that it was not only the eleven items identified, but also the multiple number of stages. There was no further discussion and the Board voted unanimously on the motion. Mr. Moffatt made a motion for Mr. Dordif to draft a legally suffu;ient inter -local agreement between the Pelican Bay Services Division and the Pelican Bay Foundation that specifically defines the roles, requirements, and responsibilities of each entity to the Strategic Plan "Scope of Services" and to bring back a draft' agreement to the Board for apwovW at tke September meeting. Mr. Cravens seconded the motion. The Board voted and unanimously approved the motion. Chairwoman Womble asked Mr. Dorrill and Mr. Hoppensteadt to meet and come up with an inter -local agreement as stated in the motion to bring back to the Board as soon as possible. 8107 Pelican Bay Services Division Summary Meeting Minutes 161 �21 July 13,200 Mr. Gibson complimented Mr. Dorrill on his work so far and said that it has been a smooth transition. He also complimented Ms. Bellone and Mr. Lickhalter for the presentation by a wonderful architectural firm and their effort for community involvement and input. Chairwoman Womble asked Mr. Dorrill if the Board could give assistance to the Strategic Planning Committee and Foundation as to what the Services Division's financial and other responsibilities are to the "Scope of Services" vs. the Foundation. Mr. Dorrill responded that he would prefer to get it on paper in the form of an inter -local agreement that clearly defines the roles as to what are the funding sources, allocation, and other responsibilities of the Services Division. Chairwoman Womble agreed, but asked if it could be done before the September meeting, at some time during late August., so it would be in process. Mr. Dorrill responded due to scheduling conflicts and County Budget Hearings, he preferred not to make a commitment for completion by late August and that September is probably more realistic timeframe. Mr. Dallas said that he assumed that an inter -local agreement will define responsibilities and who is responsible for them. Mr. Dorrill said that was his primary reason for suggesting it, to give the Board complete peace of mind or tell you what your alternatives are to go forward. Chairwoman Womble said something would have to be devised using the current "Scope of Services." Mr. Dorrill affirmed. Mr. Levy questioned which "Scope of Services" document would be used. Mr. Lickhalter confirmed that the revised version with the Services Division's input would be used. Chairwoman Womble thanked the presenters for coming. APPROVAL OF APRIL 27.2009 BUDGET COMMITTEE MEETING MINUTES Mr. Levy made a motion to approve the minutes with amendments. Mr. Cravens seconded the motion with discussion. Mr. Moffatt had several changes. On page 1023, Mr. Lukasz speaking. the number " 60" should be "$60,000." On page 1027 three quarters of the way down, Mr. Moffatt speaking should read, "... move money from 1: Pelican Bay Services Division Summary Meeting Minutes 16 July 13, 2009 fund to fund." Page 1035 middle of page, change the word "float" to "fix." Mr. Moffatt commented that on page 1054 that Mr. Levy mentioned the DVD, "The Jewel of Pelican Bay" and Mr. Moffatt requested a copy of it. Chairwoman Womble requested that staff provide. Mr. Levy had several corrections. On page 1047 in the middle of the page, Mr. Levy speaking, "$4.5 million" should be "$2.5 million." Page 1047 Mr. Petty speaking it reads "2 months" but should read "2.5 months." Also page 1047, near the bottom, Mr. Lukasz speaking should read" $166,000" not " $550,000." There was no further discussion. Mr. Levy made a notion to approve Me AprU 27, 2009 Budget Committee Meeting Minutes with amendments. Mr. Cravens seconded Me motion witk discussion. A vote was taken and Me Board unanimously approved Me April 27, 2009 Budget Committee meedur minutes as read APPROVAL OF MAY 11, 2009 BUDGET COMMITTEE MEETING MINUTES Mr. Moffatt and Mr. Levy, Co- Chairs of the Budget Committee discussed who chaired the meeting and they both recalled that it was Mr. Levy. The minutes were amended to reflect Mr. Levy as Chairman. Mr. Moffatt had several corrections. On page 1068, Mr. Moffatt speaking, "Leo" should read "Leo Ochs." and "Carrell" should read "Steve Camel I." On page 1071, Mr. Lukasz speaking, should read, "it is the actual RFP" period, end of sentence and then next sentence should read, "The contract expired ..." On page 1074, Mr. Moffatt speaking, should read, "That is why." Further, down the page, Ms. Cravens speaking, "That has the question ..." should read, "That is the question..." Mr. Levy amended page 1057, Mr. Levy speaking, should read, "...where we are not..." On page 1073, Chairman Moffatt speaking, replace "in" with "and." It should read, "... and the equipment reserves." There was no further discussion. Mr. Levy and Mr. Mo jatt made a motion to approve the May 11, 2009 Budget Committee meeting minutes as amended Mr. Dallas seconded Me modom. A vote was token and tke Board unanimous! y approved tke May 11, 2009 Budeet Committee meeditg minutes as amended APPROVAL OF MAY 15, 2009 SAFETY COMMITTEE MEETING MINUTES Mr. Cravens made a motion to approve the minutes and it was seconded by Mr. Gravenhorst with discussion and amendments. Mr. Gravenhorst amended page five, middle of the page, Mr. Gravenhorst speaking should read, "if the trees are uncut and not well kept..." changing "kempt" to "kept." :_ 1•J Pelican Bay Services Division Summary Meeting Minutes 161 2,1 July 13, 2009 Mr. Gibson commented that although he did not attend the Safety Committee meeting of 5/15/09, he thought that it was a great meeting, a lot was covered and that he enjoyed reading the minutes. Mr. Cravens made a motion to approve the May 15, 2009 Safety Conrnsdce meeting minutes. Mr. Gravenhorst seconded the motion with discussion and ammdments. A vote was taken and the Board ananimousl roved the May 15, 2009 Safety Committee meenns minutes with amendments. Mr. Dorrill stated his observation that the Board spent approximately 45 minutes debating meeting transcripts. He father explained that based on his 30 years of experience, the Services Division is his only client that utilizes verbatim transcripts. In addition, printing copies for each Board member resulted in using approximately 1,500 sheets of paper. He requested an opportunity to promote other formats because the audio is always available as backup. He estimated a few thousand dollars monthly doing verbatim minutes and that it was very time consuming and summary minutes would be a better utilization of the Board's money. Chairwoman Womble suggested that the minutes be prepared in a format other than verbatim style for this meeting. She asked Ms. Lisa Resnick how she accomplished preparing minutes. Ms. Resnick responded that she took notes during the meeting, then listened to the recording and typed verbatim minutes, but summary minutes via the same mechanism is doable. Mr. Dorrill said that Ms. Resnick can provide a complete set of minutes, highlighting the motions, directions, and follow -up. The Board can review the new summary format and decide how to proceed. He offered that if the Board did not like the new style then staff is happy to go back to verbatim style, but that it is an expensive way to go. Chairwoman Womble agreed and added that verbatim style minutes are very time consuming. She asked the Board if there was any discussion, or should she just direct Mr. Dorrill to proceed as suggested with summary style minutes. Mr. Cravens suggested doing it both ways and decide from there. Mr. Moffatt explained that he had the April 16, 2009 Clam Bay Advisory Committee meeting minutes and they are not verbatim, very readable, information is highlighted, speakers are listed, and that they are in a much more readable format. Mr. Dorrill stated that one of the reasons for doing this was to be able to provide more meaningful financial statements and information. Rather than correct grammar, he would prefer that the Board discuss valid sheet items, or statements of revenue and expenses. 8110 16I 2� Pelican Bay ervices Division Summa Meeting Minutes Y Summary g July 13, 2009 Chairwoman Womble directed staff to give summary minutes a try and the Board would review at the next meeting. COMMITTEE REPORTS AND / OR REQUESTS BUDGET COMMITTEE Mr. Moffatt stated that he had a discussion with Mr. Dorrill and that a new financial report format needed to be created in order to provide information that is more meaningful. Mr. Levy agreed and added that the Board of County Commissioners Budget Hearing for Pelican Bay Services Division's review of fiscal year 2010 budget is on September 10, 2009 at 5:05 p.m. Mr. Dorrill said that at the end of the meeting he will distribute a more meaningful financial report that contains revenue, expenses, profit -loss statement. He added he received the information today at lunchtime and that it is not quite a consolidated balance sheet as he would like, but more meaningful and working on improving it. There was no further discussion. SAFETY COMMITTEE Mr. Gravenhorst had identified at the June 13, 2009 meeting, the light pole extensions that needed to be moved and he and Kyle took a tour of those areas and requested an update. Mr. Lukasz responded that a purchase order was opened with contractor to move the light pole extensions at the locations where they intersect Pelican Bay Boulevard on Cratyon Road, Hammock Oak Drive, North Pointe Drive and Oakmont Parkway. They plan to shift the poles up to the bull noses to a position that will illuminate crosswalks. The cost is approximately $2,000 per pole for time, material and labor. Mr. Moffatt asked for an update on repainting the crosswalks and turn lanes. Mr. Lukasz said that the Transportation Department contractor is scheduled to restripe the crosswalks and intersections including the one on at the Pavilion. They will repaint the stop bars and turn lane arrows. The thermoplastic material they are using is twice as visible at night and three times more durable than paint. Mr. Gravenhorst said that the issues the Safety Committee identified should become part of the Strategic Plan and provided to the landscape architects. Mr. Cravens commented that it is a serious problem not to fix the crosswalk at Station 8 on Pelican Bay Boulevard because cars do not stop for people in the crosswalk. He suggested that a solution is to put in solar powered flashing like at Myra Janco Daniels Boulevard. Um 16 1 Pelican Bay Services Division Summary Meeting Minutes July 13, 2009 Mr. Lukasz estimated the cost to be $30,000 — $40,000. Mr. Cravens stated that work on such safety items should not wait to go through the Strategic Planning process. He emphasized the need to fix as soon as possible as it is accident waiting to happen. Chairwoman Womble requested Mr. Lukasz to research the possibility of a solar powered flashing crosswalk and bring it back to the Board at the next meeting. Mr. Cravens said it looked like work was ready to commence, but did not happen for 4 -5 months later. Mr. Lukasz responded that there was a delay with the permit for the lights to be embedded in the roadway, as well as a delay in getting additional materials. Mr. Moffatt asked how long it takes to get a permit. Mr. Lukas estimated 45 days. Mr. Moffatt made a motion to put in solar powered motion lights in the crosswalk Mr. Dallas immediately expressed his disagreement of the motion and he stated, "I disapprove on principal because at every meeting we make decisions without having any clue as to what we are doing." Mr. laizzo suggested placing signs in the middle of the road to identify the crosswalk that read, "Pedestrian Walkway." Mr. levy disagreed and said that intersection was clearly marked and had no problem with it and that there were plenty of signs. Mr. Gibson added he walks there a lot and people stand there waiting to cross and that it was a bad situation because of speeding cars. Mr. Cravens reiterated that it is a critical safety and security issue and that even the security people are afraid that eventually someone will be hit. Mr. Gravenhorst added that a high volume of people use that crosswalk, and he witnessed a groups of 4 or 6 walk across after sunset and drivers cannot see them in the crosswalk and do not slow down. Chairwoman Womble said that there may be better interim solutions and asked Mr. Lukasz to research possibilities. Mr. Dorrill said that the Board will need an official plan and permit in compliance with the Uniformed Traffic Standards and that the issue could be looked into to obtain a proposal and cost to limit liability. Mr. Gibson suggested piano key striping. 8112 Pelican Bay Services Division Summary Meeting Minutes 161 July 13, 2009 Mr. Dorrill stated his aim was to make this happen before next meeting using a thermal plastic product because of the high volume of traffic. Chairwoman Womble said Dr. Baker's letter regarding the divided medians at Gulf Park Drive and Pelican Bay Boulevard and that she responded to Dr. Baker with the plan to fix with a sign even though he was asking for a light to illuminate the median area. Mr. Lukasz said that divided median signs were ordered and scheduled for installation during the third week of July. Mr. Gibson said that there is not a crosswalk there. Mr. Levy said there are stop signs. Mr. Lukasz said that they cannot just paint stripes because they have to do median modifications that are ADA compliant and a major renovation. Mr. Cravens brought up that people run stop signs all the time and Carmine (Pelican Bay's community Deputy from the Collier County Sheriff's Office) hasn't yet been issuing tickets, but discussed it at the last "Men's Coffee." Mr. Moffatt withdrew his motion. Mr. Cravens withdrew his second. There was no further discussion. Chairwoman Womble said there may be better interim solutions and asked Mr. Dorrill and Mr. Lukasz to research possible security and safety issue interim solutions, such as signage. She suggested they consult with Mr. Hoppensteadt and Wilson Miller and bring that information back to the Board at the next meeting. NEW BUSINESS MANGROVE OVERGROWTH ON WEST SIDE OF BERM Mr. Cravens said that he was concerned about plant growth on the west side of the berm and that if you walk the berm there has been a considerable amount of growth, mainly trees on west side. Mr. Cravens and Mr. Tim Hall walked the area and Mr. Hall confirmed that it is hindering water management system. Mr. Hall said that he would check with South Florida Water Management District if the permit allows removal of excessive plant growth. Mr. Hall added that it is possible but not practical and costly to move the mangroves and that there is no place that they are necessary. Mr. Hall talked to South Florida Water Management, 8113 16 I 1 Pelican Bay Services Division Summary Meeting Minutes July 13, 2009 Department of Environmental Protection and the Army Corp. of Engineers and the work is part of the maintenance of the water management system. Established contact is Steve Nagle and work can start as soon as possible. Regarding Mrs. Potter's mangrove die -off area, Mr. Hall said that there is standing water there but most is caused by the hurricane of several years ago and that sometimes it takes five to seven years to see effects of hurricane and they will be monitoring the die off area. VIDEOTAPING MEETINGS Mr. Cravens had another items under new business and his idea was to start videotaping the meetings. He said that Ms. Resnick has experience with videotaping and he spoke with Mr. Hoppensteadt if the Services Division could show the video on Channel 45. He said that Mr. Hoppensteadt thought that was a great idea. Mr. Cravens added that it would give the Board more exposure. reflect. Chairwoman Womble requested this subject be brought up again on next agenda so that the Board can Mr. Cravens said there was no cost involved. WEBSITE CONCERNS Mr. Cravens raised the issue that the website was out of date and information incorrect — term limits, minutes, etc. Mr. Dorrill showed the Board wonderful websites and suggested that Mr. Dorrill could do great things with the website. Chairwoman Womble requested that Mr. Dorrill bring website alternatives to the Board at the next meeting. AUDIENCE COMMENTS Mr. Gibson suggested to Mr. Lukasz that tree trimming is a good idea now in case of hurricanes/storms. He also asked about the status of the project to use our own mulch. water. Mr. Lukasz said they are waiting to hear if that item becomes part of strategic plan Mr. Gibson also mentioned his interest in water management and the ability of the community to store Mrs. Marcia Cravens commented on Mr. Dorrill's comment that the Services Division has a very limited role in the "Scope of Services." She said that she disagreed and that the Services Division's ordinance covers most of what is part of the Strategic Plan. 8114 Pelican Bay Services Division Board Meeting Summary Minutes 16-1 July 13, 2009 Mrs. Cravens added that there needs to be a plan to address agenda issues and follow -ups at the subsequent meetings, including addressing the funds for Clam Bay and the County's decisions of how to use the funds. ADJOURNMENT A motion to adjourn was made by Mr. Hansen. Mr. Moffatt seconded the motion and the Board unan&usg elected to adjourn. The meeting adjourned at approximately 3 p.m. // Cha' an Mary a Womble L Summary minutes prepared and revised as amended by Lisa Resnick, Administrative Assistant Pelican Bay Services Division on August 30, 2009 8115 16 Radio Road Beautification M.S.T.U. Advisory Committee EL 2885 Horseshoe Drive South Naples FL 34104 August 19, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: July 15, 2008 V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report — Darryl Richard VI. Landscape Maintenance Report -CLM VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II -A C. TECM Project VIII. Old Business IX. New Business X. Committee Member Comments XI. Public Comments XII. Adjournment The next meeting is scheduled for September 16, 2008 3:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 Misc. coffee: Rom* vo-,pies to 161 I�zv Radio Road Beautification M.S.T.U. Advisory Committee A '*. 2885 Horseshoe Drive South Naples FL 34104 July 15, 2008 Minutes I. The meeting was called to order by Dale Lewis at 3:30 PM. II. ATTENDANCE Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella, John Weber County: Darryl Richard - Project Manager, Tessie Sillery — Operations Coordinator, Caroline Soto — Budget Analyst Others: Mike McGee — McGee & Assoc., Darlene Lafferty- Mancan, Judy Jaeger III. APPROVAL OF AGENDA Add: V. C. TECM Betty Schudel moved to approve the Agenda as amended Second by Dale Lewis. Motion carried unanimously 5-0. IV. APPROVAL OF MINUTES: May 20, 2008 Change: Under V. B. • Pg. 2, Bullet 3 should read: "McGee and Associates" • Pg 2, Paragraph 2 should read: TECM committed to pay Mike McGee "and" Associates "$4830 for" irrigation refurbishing re- design. • Pg 2, Paragraph 4, Bullet 4 should read: McGee "and Associates " • Pg 2, Paragraph 6, first sentence should read: Darryl Richard recommended the Committee review relocating the plant Material if there was any possible benefit. • Pg 3, Paragraph 2 should read: Dale Lewis posed the question: "W "hat if the MSTU decided not to go with the offer, how much square footage of the Type F curbing would not be installed"? " • Pg. 3, Answer 2, First sentence should read: Yes, the "cost" are just estimates and may be less. • Pg, 3, Answer S should read: "Bahia " • Pg. 4, Paragraph 4, should read: "Betty Schudel " suggested sending a message back to TECM, that the Committee feels it is their responsibility. They are asking the MSTU to go above and beyond and to spend money that their constituents, 16 I 1 6xZ who voted originally for the extra tax did not anticipate ". " "P "aying extra taxes to compensate the County for services they (TECM) should be paying for "is not in the best interest of the MSTU. " • Pg. 4, Motion was amended to read: Mike McGee "and" Associates • Pg. 4, Paragraph 8, second sentence should read: The irrigation system "will be working" periodically on Radio Road until the new system is installed. • Pg. 4, Paragraph 9, third sentence should read: The problem is the water controller was connected to the main controller on Radio Road "and" with the system down so the Devonshire controller has to be on stand alone. • Pg. 5, Motion was amended to read: Dale Lewis moved to direct the staff "to " review the possibility of having Hannula maintain Devonshire in its entirety "and" Radio Road to avoid having multiple Contractors. Betty Schudel moved to approve the May 20, 2008 Minutes as amended Second by Bill Jaeger. Motion carried unanimously 5 -0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Caroline Soto distributed and reviewed. (See attached) • Noted the Work Order and P.O. numbers are included in the Budget Report • Available Operating Expense $34,416.39 • Remaining P.O. $426,199.04 • Ad Valorem Tax $13,072.24 (Outstanding) B. Project Manager Report - Darryl Richard distributed and reviewed. Additionally he reviewed an email confirming commencement of the TECM Construction Project and noted payment will be made to McGee and Associates for Design services by "TECM." (See attachments) Discussions ensued. Mike McGee recommended relocation of 5 Crate Myrtles (between Tina Lane and Circle K.) The estimated cost would be $1,500. Dale Lewis moved to approve McGee and Associates to negotiate the with the Contractor Hannula for the relocation of 5 Crate Myrtles not to exceed $1,500. Second by Betty SchudeL Motion carried unanimously 5 -0. Dale Lewis reported TECM is in agreement that upon completion of MSTU Projects if changes were made by TECM they would restore the area back to the original condition. • (R -12B) Hannula scheduled completion date 7/30/08 2 16 1 1 b2 9 (R -14) Reviewed Local Vendor Policy Preference Darryl Richard requested a quote from McGee and Associates for the next Project Phase. VI. LANDSCAPE MAINTENANCE REPORT — Not present VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report o Radio Rd i. Median #1 - re- mulching is required at the east end ii. Median #8 - recommended mulch for damaged Bougainvillea iii. Median #10 - damaged pavers (on the back edge) o Devonshire i. Median #1 - (closest to Radio Rd.) cut back is required for Tabebuia Trees ii. Median #1 requires replacement of 2 Indian Hawthorn shrubs iii. Median #2 — light pole is missing a light iv. South Eastern side — 88 replacement plants are required v. West side — 66 replacement plants are required Dale Lewis moved to request a proposal for Trees (pruning on Devonshire) and mulch on Radio Rd Without a second the motion was withdrawn. Dale Lewis moved to approve Darryl Richard to go to the Contractor for a quote on pruning of trees along Devonshire. Second by Helen Carella. Motion carried unanimously 5 -0. B. Radio Road Project Phase I and Phase II — None Darryl Richard introduced Michelle Arnold — ATM Director. Vill. OLD BUSINESS - None IX. NEW BUSINESS - None X. COMMITTEE MEMBER COMMENTS — Betty Schudel announced she will not be attending the August 19, 2008 meeting. XI. PUBLIC COMMENTS: None There being no further business to come before the Committee, the meeting was adjourned at 4:45 PM. 3 16 1 1 �j�a- Radio Road Beautification MSTU Advisory Committee Dale Lewis, Chairman These minutes approved by the Committee on T (9 - 02 as presented or amended —X— The next meetinc, will be held at 3:30 PINI, August 19. 2008 ollier County Transportation BuildinglEast Ciro-Ference Roona, 2885 Horseshoe Drive South Naples, -',,'L 34104 4 NOS 16 Fiala Halas Radio Road Beautification M.S.T.U. Hennin Advisory Committee Coyle 27o5 Horseshoe Drive South Coletta Naples FL 34104 SUMMARY OF MINUTES & MOTIONS July 15, 2008 III. APPROVAL OF AGENDA Add: V. C. TECM 022V/' Betty Schudel moved to approve the Agenda as amended Second by Dale Lewis. Motion carried unanimously 5-0. IV. APPROVAL OF MINUTES: May 20, 2008 Change: Under V. B. • Pg. 2, Bullet 3 should read: "McGee and Associates " • Pg 2, Paragraph 2 should read: TECM committed to pay Mike McGee "and" Associates "$4830 for " irrigation refurbishing re- design. • Pg 2, Paragraph 4, Bullet 4 should read: McGee "and Associates " • Pg 2, Paragraph 6, first sentence should read: Darryl Richard recommended the Committee review relocating the plant Material if there was any possible benefit. • Pg 3, Paragraph 2 should read: Dale Lewis posed the question: "W "hat if the MSTU decided not to go with the offer, how much square footage of the Type F curbing would not be installed"? " • Pg. 3, Answer 2, First sentence should read: Yes, the "cost" are just estimates and may be less. • Pg, 3, Answer S should read: "Bahia " • Pg. 4, Paragraph 4, should read: "Betty Schudel " suggested sending a message back to TECM, that the Committee feels it is their responsibility. They are asking the MSTU to go above and beyond and to spend money that their constituents, who voted originally for the extra tax did not anticipate ". " "P "aying extra taxes to compensate the County for services they (TECM) should be paying for "is not in the best interest of the MSTU. " • Pg. 4, Motion was amended to read: Mike McGee "and" Associates • Pg. 4, Paragraph 8, second sentence should read: The irrigation system "will be working" periodidiW.. Gomftdio Road until the new system is installed Dade: Iterr? t '',•7c(Z to: 16 I 1 bv� Pg. 4, Paragraph 9, third sentence should read: The problem is the water controller was connected to the main controller on Radio Road "and" with the system down so the Devonshire controller has to be on stand alone. Pg. 5, Motion was amended to read: Dale Lewis moved to direct the staff "to " review the possibility of having Hannula maintain Devonshire in its entirety "and" Radio Road to avoid having multiple Contractors. Betty Schudel moved to approve the May 20, 2008 Minutes as amended Second by Bill Jaeger. Motion carried unanimously 5 -0. V. TRANSPORTATION SERVICES REPORT: Project Manager Report — Mike McGee recommended relocation of 5 Crate Myrtles (between Tina Lane and Circle K.) The estimated cost would be $1,500. Dale Lewis moved to approve McGee and Associates to negotiate the with the Contractor Hannula for the relocation of 5 Crate Myrtles not to exceed $1,500. Second by Betty SchudeL Motion carried unanimously 5 -0. VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report o Radio Rd i. Median #I - re- mulching is required at the east end o Devonshire i. Median #1 - (closest to Radio Rd.) cut back is required for Tabebuia Trees Dale Lewis moved to request a proposal for Trees (pruning on Devonshire) and mulch on Radio Rd Without a second the motion was withdrawn. Dale Lewis moved to approve Darryl Richard to go to the Contractor for a quote on pruning of trees along Devonshire. Second by Helen Carella. Motion carried unanimously 5-0. 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Radio Road Beautification M.S.T.U. Advisory Committer 2885 Horseshoe Drive South Fiala Naples FL 34104 Halas Henni Coyle July 21, 2009 C.olett Minutes 16 1 1 bz RECEIVED SEP 1 12" Board of County Comm ss oers The meeting was called to order by Dale Lewis at 3:30 PM. II. ATTENDANCE Members: Dale Lewis, Betty Schudel (Excused), Bill Jaeger, Helen Carella, John Weber County: Darryl Richard- Project Manager, Tessie Sillery- Operations Coordinator, Michelle Arnold -ATM Director, Pam Lulich- Landscape Operations Manager Others: Mike McGee -McGee & Associates, James Stephens - Hannula Landscaping, Scott Windham - Windham Studios, Darlene Lafferty- Mancan, Fred Rogers - Public III. APPROVAL OF AGENDA Add: V. C. Scott Windham -Phase III Project IX. A. Application for Grants Dale Lewis moved to approve the agenda as amended Second by Bill Jaeger. Motion carried unanimously 4 -0. IV. APPROVAL OF MINUTES: June 16, 2009 Change: Pg. 2, V. A., line 1, should read: "disbanded. " Dale Lewis moved to approve the June 16, 2009 minutes as amended Second by Helen Carella. Motion carried unanimously 4-0. The Committee wanted the following added to the June 16, 2009 Minutes: A question was asked of Commissioner Henning whether the monies from the present Radio Road MSTU Account would remain in that Account. He stated they would. V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Caroline Soto Darryl Richard reviewed Radio Road MSTU Taxable Value and noted the following: (See attachment) • "Estimated" FYI Taxable Value $1,071,312,334 » "Actual" FYI Taxable Value $1,213,178,559 Misc. Oorres: • Millage Rate decreased from projected .2851 to ".2521" • Actual decrease in Property Value (13 %) was lower th rn_}ecte l (25944— Tessie Sillery reviewed the Budget Report: (See attachment *I----,-,. I nip; ao 161 1�2v ■ Available Improvements General $757,857.95 ■ Remaining Open P.O. $95,795.67 ■ Available Investment Interest $12,195.00 B. Project Manager Report - Darryl Richard distributed and the following information was given: (See attachment) ■ (R -22) Devonshire Shrub Refurbishment » Hannula Proposal-$8,700. 00 was distributed (See attachment) » Noted Issues with the Main Line Irrigation — Main line is broken — Hannula installed the drip line — However they are unable to test the drip lines due to the breakage in the main line » Installation of shrub replacements will not occur until the irrigation is fully operational Discussions ensued concerning the current dry weather conditions. After much discussion it was concluded irrigation was being conducted in accordance with County Code. A report was requested by the Committee on the amount of well water being utilized. Mike McGee reported the Main Line Irrigation break was due to pressure from a Mahogany Tree located directly overhead (east of Appleby.) The following three options were given: • Re -route the irrigation outside the Mahogany Trees as a temporary fix » Length 170 fit. » Cost estimate $S, 000.00 • Bore a new main line from the existing connection at Devonshire and Radio Road down to the valve connection (east of the Park area) » Length 640 ft. » Cleanest fix » Most costly fix • Trench the longer portion which requires (2) Bores » (1) Under Appleby » (1) And the driveway into the Park Darryl Richard requested Hannula obtain three quotes from Boring Contractors in coordination with Staff. After much discussion the Committee was in agreement to proceed with installation of a temporary main line to prevent loss of vegetation. Dale Lewis moved to install the temporary fiat until the quotes are received Second by John Weber. Motion carried unanimously 4 -0. The Committee requested quotes for options suggested by Mike McGee. Dale Lewis moved to direct Staff to obtain quotes for the short fix of 170 ft. and 640 ft. and bring back to the Committee. Second by John Weber. N 161 1bZv The motion was amended to include: and a third option 640 ft. with Bore. Motion carried unanimously 4 -0. Dale Lewis moved to accept the (Hannula) Bid in the amount of $8,700.00. Second by John Weber. After much discussion the Committee concluded that approval of the Hannula Bid would secure current pricing. Motion carried unanimously 4 -0. ■ (R -21) Devonshire Spray Irrigation Refurbishment » Quote was distributed in the amount of $16,964.80 (See attachment) » Includes installation of shrubs (Clusia) » Quote is in accordance with contract rates Mike McGee perceived the shrub installation as a permanent long term hedge. Additionally the Clusia has a growth rate of 1 ft. per year. Jim Stephens noted the initial height is 4 ft. Mike McGee continued: * Recommended the row of Eureka Palms located by the first Home (near Santa Barbara) should remain * Suggested installing the Clusia Hedge to converge with the Eureka Palms as he perceived it would aesthetically develop into a fuller hedge * Suggested the Eureka Hedge be maintained by the County as it is in the County ROW Jim Stephens stated: ♦ The irrigation heads will be relocated on the Homeowner's property (near Santa Barbara) ♦ The hedge trimming, grass removal, and site prep for irrigation work will commence next week Dale Lewis requested Fred Rogers -HOA to notify Homeowners of the irrigation work and obtain Homeowner approval for the County to maintain the Eureka Hedge. Dale Lewis moved to accept this bid in the amount of $16,964.80. Second by Bill Jaeger. Motion carried unanimously 4 -0. (R -17) Radio Road MSTU Boundar�Expansion » Boundary Expansion will not occur » BCC consideration to establish East Radio Road MSTU is scheduled July 28, 2009 » Radio Road MSTU and East Radio Road will be two different cost centers (R -15 ) Design Services for Radio Road Phase II -B » Landscape Installation Bids are due July 23, 2009 » Anticipate minimal lane closures » Requires BCC approval 3 161 — May obtain County Manager approval if needed to move forward C. Scott Windham -Phase III Project -Scott Windham reviewed Status Report and Conceptual Median Landscape Design (Livingston Rd. to Airport Pulling Rd.): (See attachments) Status Report ABB: Curbing Design » Surveys for existing curb locations and signage- Complete » TECM requested Curbing Improvements- Conferred with TECM on proposed improvements to resolve traffic stacking issues — Triple left turn lanes at Airport Rd., Donna St. and Esther St. County improvements will not be paid by the Radio Road MSTU which are the Design recommendations. The cost impact will be minimal Staff will provide cost estimates for the Curbing Improvements to the Committee. Scott Windham continued: » Turn lane layout will be reviewed by TECM » Anticipated Plans 60% complete by late August 2009 Abney and Associates: Irrigation Design » If possible will continue to utilize the existing Well source » Consumptive Water Use Permit will be recalculated based on Median square footage in lieu of Plant bed square footage » Current Zones (16) may remain equal to or lower based on implementing lower application rate irrigation heads to conserve water Darryl Richard noted the following: ➢ Radio Road Maintenance is paid by Fund 111 ➢ Shrubs will be utilized in lieu of sod to minimize water usage ➢ Planting scheme fits with existing scheme throughout Radio Rd. Conceptual Median Landscape Design Design Concept is parallel to the Projects by McGee & Associates 4 Utilizing plantings in lieu of sod reduces Maintenance (mowing) 4 It was determined that Pavers are included in the Design for Median tips After much discussion it was stated Staff will review the Design to determine if additional areas require Paver installation. The Committee was agreement that the Design Plans were a good concept and if necessary the may be installed in phases depending on the Project cost. An estimate to implement the Conceptual Median Landscape Design was requested. Staff requested to change the next meeting date. It was agreed to meet at 3:30 p.m. on August 25, 2009. Scott Windham will provide a cost estimate for Plans at 60% complete at the August 25, 2009 meeting. 4 ib I 1U�2 VI. LANDSCAPE MAINTENANCE REPORT - Hannula- Previously discussed V. B. VII. LANDSCAPE ARCHITECH REPORT -McGee & Assoc. A. Monthly Report -Mike McGee reported: -0 Painting of Median numbers is required Staff will obtain a quote for number painting (Median 1 -13) Bougainvillea require trim down by 50 % -0 (Median 13) Check Irrigation (Median 14, 17, & 27) Fountain grass is posing a problem � Removal of Sable Palm braces is required Edging around Controllers is required VIII. OLD BUSINESS A. Devonshire Hedge and Irrigation- Previously discussed V. B IX. NEW BUSINESS A. Application for Grants -Pam Lulich reported ■ A one time application opportunity for a Transportation Enhancement Grant is available ■ Due by August 3, 2009 ■ Soliciting for one priority list for 4 fiscal years » 2011 -2012 » 2012 -2013 » 2013 -2014 » 2014 -2015 ■ Grant cap was raised from $400,000.00 to $600,000.00 ■ Will be reviewed at the MPO meeting on August 31, 2009 ■ Staff will assist in the application process ■ Committee participation is needed John Weber volunteered to participate on behalf of the Committee. Darryl Richard requested an estimate from Scott Windham to submit with the Grant application. Questions were raised concerning the process to float a Bond for current Projects. Darryl Richard will contact the Budget Office for clarification. X. COMMITTEE MEMBER COMMENTS —None XI. PUBLIC COMMENTS Fred Rogers reported the weeds at Berkshire Lakes are a disgrace. It was concluded the area requiring maintenance was small and all agreed Hannula will maintain the area. There being no further business to come before the Committee, the meeting was adjourned at 5:14 P.M. 5 161 1 g z9-- Radio Road Beautification MSTU Advisory Committee Dale Lewis, Chairman These minutes approved by the Co 'ttee on 5( as presented or amended. The next meeting is August 25, 2009 at 3:30 p.m. CC Transportation Building 2885 Horseshoe Drive South Naples, FL 34104 n 161 C� August 5 219 Fiala FATE Halas ES OF THE HEARING OF THE COLLIER Henning Coyle COUNTY DOMESTIC ANIMAL SERVICES Coletta DANGEROUS DOG REVIEW PANEL AUG ? 12 Naples, Florida, August 5, 2009 `iO;jfo rY� 009 .,nun c "�mrss;pnem LET IT BE REMEMBERED that the Collier County Domestic Animal Services Dangerous Dog Review Panel 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 Health Department, Building "H ", 2nd Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Kraley Brian Kelly Michael Simonik Mj3c. Corres: - orret: ( d ALSO PRESENT: Bonnie Kubicsek, DAS Animal ControPO to: i 16) ugust 5.2009 Chairman Kraley called the Hearing to order at 2:00 PM. The members of the Review Panel introduced themselves: • Chairman Peter Kraley is the Director of Veterans' Services for Collier County. • Brian Kelly of Housing & Human Services for Collier County • Michael Simonik is the Executive Director of the Naples Humane Society Chairman Kraley stated the purpose of the Panel was to review the history of "Ozzy ", a male, white and black Pit Bull mix, to determine if his behavior met the criteria for classification as a `dangerous dog' according to Florida Statutes. He noted those also present are the following: • Candice Rangel and Kristopher Rangel, dog bite victim and son • Clay Story and Kelly Davis, dogs owners (Respondents) • Jorge Araujo, Animal Control Officer. Chairman Kraley stated at the end of the Hearing, the Panel would deliberate and the owners could either remain or wait outside of the conference room. He stated once the Panel announced their findings the hearing would be adjourned. Officer Bonnie Kubicsek presented the following information: • Domestic Animal Services received a call on July 8, 2009 in reference to a stray dog running loose. • A Deputy responded. • The dog had chased Candice Rangel (victim) and forced her to run and jump into a truck. • Incident took place on the victims' property. • An Animal Control Officer was dispatched to the Rangel residence. Officer Jorge Araujo stated the dog was "off- parameter" (off the owners property) when he arrived. The deputy told him the dog was aggressive. The deputy wanted to taz the dog because the dog was circling, showing teeth, hair standing up and tail out. Officer Jorge told the deputy not to taz the dog. The owner saved the dog from being tazzed when he was on the patio and ordered the dog into the house. Candice Rangel stated she was driving down her street and had to slow down for a speed bump. A big dog darted in front of her car, crossing the street and went into her yard. She waited approximately 5 minutes in her car until she could determine the dog was no longer around. She stated the dog must have heard her when she got out of her car and walked toward her house because the dog came running at her. She ran and jumped into her uncle's truck hurting herself as she was jumping into the truck. She was able to get out of the truck when the dog was distracted by the barking of another neighbors' dog. She waited until the dog was 5 houses down and then ran into the house. She alerted her husband and called Animal Services. Her call was transferred to the Sheriffs' Office. When the deputy arrived, he took the complaint and completed his report. The deputy told them to stay inside the house until he found the dog. The dog was running back and forth on her street. 161 10 August 5, 2009 She is pregnant and for that reason went to the hospital to be examined. She suffered some bruising on her ribs and contusions due to slipping as she jumped into the truck. She never saw the dog before and had not identified it. Officer Jorge Araujo reiterated the dog was off property. They eventually found the dog on the owners' patio and was being aggressive. Kelly Davis (respondent) stated her dog never runs loose and they have not had any incidences. She takes care of several children in her home and referenced a letter from a mother of children she cares for along with pictures of the dog with children. She commented her dog has never been aggressive. Meeting was interrupted from 2:14 pm to 2:20 pm due to a power outage caused by an electrical storm. Clay Story (respondent) stated the dog is 3 years old. His dog has never been aggressive and never had a problem before. He stated the dog ran after Candice because she was running and he wanted to play. He believed Candice was terrified and expressed he understood her concern. Kelly Davis (respondent) provided pictures of her dog. The victim identified a dog in one the pictures as the dog that chased her. The dog was identified was "Ozzy." Candice Rangel (victim) expressed concern for her child and her small puppy. Sometimes her son takes the puppy out into the yard and he would never be able to get away from "Ozzy." Chairman Kraley stated a dog attacking a person is not the only criteria for being labeled as "dangerous," and he referred to Section 5 of Collier County Ordinance #2007- 23, which amended Ordinance 94 -56, at Paragraph A, Subsection 1(d): "Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. " Chairman Kraley asked the Panel if they would like to ask any questions and/or for their findings. Mike Simonik stated he believed the dog met the "dangerous dog" criteria. Brian Kelly and Chairman Peter Kraley both agreed with Mike Simonik the dog was off property and the dog met the requirements for classification as a "dangerous dog" under the Collier County Ordinance 93 -56 as amended. 161 r g Au ust 5,L Officer Kubicsek notified the owners of the options open to them upon this declaration and re- outlined them as follows: • They have 14 days to comply with the Dangerous Dog Standards, upon receipt of the decision; Surrender the dog to DAS; Appeal the decision to a higher court. Officer Kubicsek stated since the dog was classified as "dangerous," specific rules must be observed: • The dog is to be housed in a minimum 6'x 6' caged enclosure at all times when outside; • The dog must wear a muzzle whenever being walked; • The dog can only be walked by an adult; • The owner's property must be posted with signs identifying the dog as dangerous; • A microchip will be inserted into the dog for identification; • The owner must register the dog on a yearly basis at a cost of $300.00; • DAS will inspect the property to ensure that these rules have been observed. There being no further business for the good of the County, the Hearing of the Review Panel was concluded at 2:30 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES DANGEROUS DOG REVIEW PANEL Peter Kraley, Chai an These Minutes we approved by the Board/Committee on �< , as presented . or as amended 4 161 1 O"t August 11, 2009 ar d 31a INUTES OF THE HEARING OF THE COLLIER ,alas COUNTY DOMESTIC ANIMAL SERVICES Wing — Kyle ----'' DANGEROUS DOG REVIEW PANEL REC E'VE D ;oletta AUC 2 12009 orris"C',,nty Comrrtass�nner:; Naples, Florida, August 11, 2009 LET IT BE REMEMBERED that the Collier County Domestic Animal Services Dangerous Dog Review Panel in and for the County of Collier, having conducted business herein, met on this date at 10:00 a.m., in REGULAR SESSION at the Health Department, Building "H ", 2nd Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Kraley Brian Kelly Michael Simonik ALSO PRESENT: Bonnie Kubicsek, DAS Animal Control Officer David David Levitt, DAS Animal Control Officer Date— Colleen Greene, Assistant County Attorn #. 1 J(D I I 0-,A August 11, 2009 Chairman Kraley called the Hearing to order at 10:00 AM. The members of the Review Panel introduced themselves: Chairman Peter Kraley is the Director of Veterans' Services for Collier County. Brian Kelly of Housing & Human Services for Collier County Michael Simonik is the Executive Director of the Naples Humane Society Chairman Kraley stated the purpose of the Panel was to review the history of "Rosco," a male, brown /brindle white on chest, neck, chin and a spot on nose Pit Bull, to determine if his behavior met the criteria for classification as a `dangerous dog' according to Florida Statutes. He noted those also present were the following: • Jennifer and Robert Williams, dogs owners (Respondents) • Vernard Stewart, son of dog owner • Carlos Nacho, friend of dog owners. It was noted Tracey Roberts, mother of victim and Wade Roberts, 6 year old victim were not present. Chairman Kraley stated at the end of the Hearing, the Panel would deliberate and the owners could either remain or wait outside of the conference room. He stated once the Panel announced their findings the hearing would be adjourned. Officer Bonnie Kubicsek presented the following information: • "Rosco" was classified as a Dangerous Dog by Collier County Domestic Animal Services on or about May 13, 2002. • Domestic Animal Services received a call on July14, 2009 in reference to a pit bull that jumped over a fence, bit a 6- year -old boy and jumped back over the fence. • Incident took place on the victims' property. • An Animal Control Officer was dispatched to the Roberts (victims) residence. Officer David Levitt stated he captured a dog running loose so the victim could identify if it was the same dog that bit him. It was not the dog. He then remembered the history of "Rosco," the dog that lived next door. He asked the Williams to bring their dog outside for the Roberts to identify. They brought the dog out without a muzzle on. "Rosco" was identified as the dog that bit Wade Roberts. The dog was impounded. Jennifer Williams (Respondent) stated Mr. Roberts came to her door and told her that her dog bit his son. She said this was impossible because she had been in the yard with the dog and the dog was within her view at all times. She had not witness the dog biting the boy and refuted the same. She stated "Rosco" is a gentle dog, unless someone he's not familiar with comes into their yard or when he feels threatened. It was determined the Williams owned 2 other dogs. One was a puppy and the other was pregnant and not very active. The fencing around the Williams property was described as a 4- foot chain link fence around the parameter with a partial 6 -foot wooden fence. Neither one of these dogs can jump the fence. 161 1 (�, August 11, 2009 Vernard Stewart (Respondent's son) stated the new neighbors were moving in the house next door. He noticed 2 young children running up to the fence peeking around the fence looking for the dog, once the dog ran toward the fence, the children would laugh and run away. He warned the children that the dog was not familiar with them and it would be better if they did not try to attract the dog. Later that day he was told the police had been called because the boy had been bitten. They went over to the neighbors' house to find out what happened and see the boy. The neighbors would not speak with them as they waited for the police to arrive. When the police arrived, they were able to see the boys' leg. It did not look like a dog bite. It looked more like a mosquito bite. Jennifer Williams (Respondent) stated the dog has been in the family for his entire life and has been cared for by a vet and has received all his shots. "Rosco" is a family member. He alerts her when her husband has seizures. She said she does not take the dog out without a muzzle. She had reference letters from neighbors regarding the dog never running loose. She noted she had not been allowed to visit her impounded dog. Dog owners are not allowed to see their dog when it has been impounded. Bonnie Kubicsek stated she had received sworn statements that the dog jumped over the fence, bit the boy and jumped back over the fence. Officer Zitler took pictures of the injury. The boy was treated at home. Jennifer Williams (Respondent) denied the dog bit anyone and said it was impossible. EMS had been called and did not treat the boy. It was noted there were 3 sworn statements the dog was seen jumping over the fence leaving the Williams yard and 4 sworn statements the dog was seen jumping back over the fence into the Williams yard. Vernard Stewart (Respondent's son) said it was impossible because the dog would have to jump over the gate, run around the fenced area and jump the other fence. Officer David Levitt responded the dog could go over the 4' fenced area in the front yard. Jennifer Williams (Respondent) noted the Police Report states an Officer walked the parameter of the fence and found "no" evidence her 65 pound dog jumped the fence, nor did the dog dig under any part of the fence. Bonnie Kubicsek reviewed the report and made note the report did not read as Jennifer Williams professed. She noted if a dog had previously been declared a "dangerous dog" and if another incident occurs, the dog must be picked up and impounded. She also noted the dog chased Mathew Rollins (prior victim) in an attack made on December 18, 2007. Mathew Rollins identified the impounded dog, "Rosco," as the dog that chased him into his Comcast truck and then the dog jumped back over the fence. Jennifer Williams expressed disbelief that this man could identify her dog after all the months that had past. 161 1 1 August 11, 2009 The Panel reviewed the facts on why the dog was originally deemed a "dangerous dog." Michael Simonik asked if the Williams had the same fence in 2002 as they have now. Jennifer Williams (Respondent) responded they did have the same fence but refuted her dog bit anyone. She stated it was only an allegation. She implied there was another brown dog running loose in the neighborhood at that same time. Jennifer Williams stated was out of town and her family did not have representation in court. Chairman Kraley asked the Panel if they would like to ask any questions and /or for their findings. Colleen Greene, Assistant County Attorney stated for the record "DAS presented the case" and need to determine if a dangerous dog bite occurred. Mike Simonik noted this was the first time he served on the Panel for a dog previously deemed dangerous. He asked if he understood the following correctly: the first time a dog is deemed dangerous there is certain criteria that must be followed by the owner and the second time a dog was deemed dangerous would be destroyed. The above statement was confirmed to be correct. Bonnie Kubicsek responded the dog owners have the right to appeal. ■ Mike Simonik stated, "Right or wrong, he will not send a dog to his death." The dog has not met the "dangerous dog" criteria. ■ Brian Kelly stated he finds the dog has met the "dangerous dog" criteria due to the sworn statements submitted. Chairman Peter Kraley wished the victim and witnesses would have been present. His decision would be difficult as it would be the deciding vote. He stated he was not sure the incident happened the way it was presented. He said the dog has not met the requirements for classification as a "dangerous dog" under the Collier County Ordinance 93 -56 as amended. Officer Kubicsek notified the owners they could pick up their dog and pay the registration fees and fees associated with impounding the dog. There being no further business for the good of the County, the Hearing of the Review Panel was concluded at 10:55 AM. 4 161 1 C, August 11, 2009 COLLIER COUNTY DOMESTIC ANIMAL SERVICES DANGEROUS DOG REVIEW PANEL G Peter Kraley, Chairm n These Minutes were, approved by the Board /Committee on as presented ._.,' or as amended 161 1 August 18, 2009 MINUTES OF THE HEARING OF THE COLL a as ' COUNTY DOMESTIC ANIMAL SERVICE enn ,i 2Q�9 DANGEROUS DOG REVIEW PANEL Coyle ("V I '`a55j °��'s o letl Naples, Florida, August 18, 2009 LET IT BE REMEMBERED that the Collier County Domestic Animal Services Dangerous Dog Review Panel in and for the County of Collier, having conducted business herein, met on this date at 10:00 a.m., in REGULAR SESSION at the Health Department, Building "H", 2nd Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Kraley Brian Kelly Karen Sesso ALSO PRESENT: Bonnie Kubicsek, DAS Animal Control Offift S; 1 item .. - n to: 161 1 1 August 18, 2009 Chairman Kraley called the Hearing to order at 10:17 AM. The members of the Review Panel introduced themselves: • Chairman Peter Kraley is the Director of Veterans' Services for Collier County. • Brian Kelly of Housing & Human Services for Collier County • Karen Sesso is the Manager of the Naples Humane Society Chairman Kraley stated the purpose of the Panel was to review the history of "Coqui," a male, brown and white Pit Bull mix, to determine if his behavior met the criteria for classification as a `dangerous dog' according to Florida Statutes. Eliezer Portal stated in did not speak English very well and he needed is son, Elvis Portal to interpret what was being said during the meeting. He noted those also present were the following: • Eliezer Portal, dog owner (Respondent) • Elvis Portal, son of dog owner • Leonard Portal, Brother of owner • Jasmine Portal, daughter of owner • Oscar Fernandez, neighbor and friend of dog owner • Scot Weigand, victim of the first incident and neighbor and friend to owner of heifer. Officer Bonnie Kubicsek presented the following information: • On April 9, 2009 received a call regarding an aggressive dog running loose. • Domestic Animal Services received a call on June 26, 2009 in reference to a dog attack on heifer. • Incident took place on the Christopher Wiggins property. • An Animal Control Officer was dispatched to the residence, where heifer was attacked. • Domestic Animal Services could not locate the dog. Scot Weigand (Prior Victim) stated he drove around with Officer Morris looking for stray dogs and they both took pictures of two dogs in the neighborhood that somewhat matched the same description of the dog. He showed the pictures to his neighbor for identification purposes and he did not direct his neighbor to choose one picture over the other. The neighbor identified "Coqui" and was asked to fill out a sworn statement. Scot Weigand (Prior Victim) had been attacked on April 9, 2009 by this dog at his residence. He was working in his garage and noticed the back end of a dog walking around toward his back yard and thought his own dog might have gotten loose. He called to his dog "Buster" and the dog turned growling, barked and chased him. The dog was barking and situated between him and his house. He stepped behind a palm to hide from the dogs view. After five minutes, the dog walked toward the back corner of his house. He attempted to go toward his house. The dog came charging back at him trying to bite his arms and legs. The dog tried to bite him in the crotch area. He kicked the dog to protect himself. The dog ripped his jeans just above his knee. He showed the jeans to 161 2 ( , August 18, 2009 the Panel. He was previously attacked by a dog and he expressed concern for childrens' safety in the neighborhood. His wife did not see the attack. She saw the dog in the yard. She identified "Coqui" from the two pictures as the dog that was in their yard the day of the attack. The Panel questioned what the dog's license and vaccination status. Bonnie Kubicsek responded they are not current and according to the Activity Report the respondent stated he would be having the dog vaccinated on August 8 and then purchase a County license. Eliezer Portal (Respondent) stated when the Inspector came inside the house and the dog was not aggressive to this stranger. He alluded that anyone can report they were bitten by a dog and he wanted to see proof that it was his dog. He wants to see pictures that showed his dog biting the heifer. Bonnie Kubicsek responded the dog ran away into the woods after the attack and there are no pictures of the actual attack. They have sworn statements reflecting Christopher Wiggins, son -in -law to the own of the heifer saw the dog on his father -in -laws property. His sworn statement is legally binding. Eliezer Portal (Respondent) said his dog weighs 100 pounds and can not get out of the fenced yard and the dog is too heavy to jump the fence. Discussion ensued on the type of fence, the parameter of the fence line and other possible ways the dog could have been able to get out of the yard. Eliezer Portal did not believe his children could have left the gate open nor did he believe the dog dug under the fence to get out. Peter Kraley, Chairman asked if the dog was in the owners yard when he took the picture and if the dog had tag on. Scot Weigand (Prior Victim) responded he took the pictures from outside of the owner's fenced yard and the dog was not wearing a tag. Eliezer Portal (Respondent) said it was impossible for his dog to get out of his fenced yard and he asked for proof. Chairman Kraley asked the Panel if they would like to ask any questions and/or for their findings. Karen Sesso asked if the owner was aware of any incident when his dog ever got out of the fenced area. Eliezer Portal responded his dog has never gotten out of the yard. He said when he goes to work during the day he locks the gate and the dog is in the yard and at night he brings the dog into the house. 161 10,1 August 18, 2009 Karen Sesso stated there were three people who identified the picture of "Coqui ". There was a witness to the dog being in the yard the night the heifer was attacked. She stated there is enough evidence to find the dog has met the "dangerous dog" criteria. ■ Brian Kelly stated no one witness the attack on the heifer and on those grounds he can not declare the dog dangerous. He stated based on the incident that took place in April, he finds the dog has met the "dangerous dog" criteria due to having a witness and the sworn statements submitted. ■ Chairman Peter Kraley agreed with Brian Kelly findings and says the dog has met the "dangerous dog" criteria. Officer Kubicsek stated since the dog was classified as "dangerous," specific rules must be observed: • The dog is to be housed in a minimum 6'x 6' caged enclosure at all times when outside; • The dog must wear a muzzle whenever being walked; • The dog can only be walked by an adult; • The owner's property must be posted with signs identifying the dog as dangerous; • A microchip will be inserted into the dog for identification; • The owner must register the dog on a yearly basis at a cost of $300.00; • DAS will inspect the property to ensure that these rules have been observed. Officer Kubicsek notified the owners of the options open to them upon this declaration and re- outlined them as follows: • They have 14 days to comply with the Dangerous Dog Standards, upon receipt of the decision; • Surrender the dog to DAS; • Appeal the decision to a higher court. There being no further business for the good of the County, the Hearing of the Review Panel was concluded at 10:55 AM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES DANGEROUS DOG REVIEW PANEL °V\ Peter Kraley, Chair n 4 These Minutes wer approved by the Board/Committee on as presented or as amended 161 O"A 1 August 18 109 Fiala Halas Henning _ Coyle Coletta lb C v March 19, ARECE, - wls 19 2009 le MINUTES OF THE MEETING OF THE COLLIER COUNToY (, r°`.r-�� c"ol " ",;«:� CLAM BAY ADVISORY COMMITTEE Naples, Florida, March 19, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 2:30 P.M., at the North Collier Regional Park, located at 15000 Livingston Road, Exhibit Hall, Room A, Naples, Florida, with the following members present: Chairman: James A. Carroll Vice Chairman: John Arceri Ronald A. Glah Noah Standridge Robert Rogers Kathy B. Worley David Roellig Tahlmann Krumm, Jr. David Farmer ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Pamela Keyes, Environmental Specialist Gail Hambright, Accountant, Coastal Zone Management Colleen Greene, Assistant County Attornbijec. Cones: Date: (D 2 161 1 Cv March 19, 2009 I. Call to Order Chairman Carroll called the meeting to order at 2:37 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. David Farmer was welcomed as a new member of the Committee. IV. Changes and Approval of Agenda Mr. Arceri moved to approve the agenda. Second by Mr. Krumm. Carried unanimously 8 -0. Mr. Standridge arrived at 2:41 pm V. Chairman's Comments Chairman Carroll requested Committee Members consider methods to provide the distribution of accurate facts to the public on items where confusion or misinformation may exist throughout the Committee's endeavors. This item will be considered at a future meeting. Staff will provide a hard copy meeting packet 3 days in advance of the meeting to any member who requests it. VI. Approval of Minutes 1. February 19, 2009 Mr. Krumm moved to approve the minutes of the February 19, 2009 meeting. Second by Mr. Arceri. Carried unanimously 9 -0. VII. Staff Reports Gary McAlpin submitted the following Reports and provided comments as indicated: 1. Navigational Markers Information and Documentation. a. Letter from USACE dated March 2, 2009 directed to County to install Navigational Markers in Clam Bay. • He read the entire letter into the record, which highlighted the following in regard to the requirements of the navigational markers: "Installation of these markers is indeed a requirement of the Department of the Army permit. In addition, the markers must meet U.S. Coast Guard standards for signs. It is requested you provide the Corps with a drawing showing the placement of these markers and a time frame when you expect the signs to be in place." 2 161 ti March 19, 2009 It was noted any changes in the existing Management Plan would require review by the US Army Corps or Engineers (USAGE). b. February 27, 2009 email and pictures from Pamela Keyes addressing buoys. • The photos are of buoys and signs intended to be used in marking the interior channel. The buoys arise 3 feet over the water line and are green and red in color. c. Collier County Ordinance 96 -16 Establishing Clam Bay for Motorized Vessel use at idle speed. • The Ordinance confirms the County allows the use of motorized vessels in the entire Clam Bay area. d. City of Naples letter dated February 24, 2009 expressing support for navigational marking of Clam Bay. e. Quit Claim Deed: OR 0966, Page 1841 -1862; Declaration of Restrictions: OR 0966, Page 1830 -1831; Department of Army Permit: OR 0966, Page 1824 -1829 outlining County restrictions against Navigational Dredging • Page 1826 — Item c. States, "There is to be no dredging allowed by permit or otherwise in Outer, Inner, and Upper Clam Bay, its connecting waterways and /or adjacent wetlands, or Clam Pass (except to maintain the opening to waters of Gulf of Mexico. ' ) • Page 1847 - Item 6. - Legislation - requires any dredging activities in Clam Pass to be authorized by the Pelican Bay Foundation. • This confirms the County may only dredge the Pass for maintenance associated with "tidal flushing." It was noted with any non - compliance of the requirements of the official documents, the property may revert back to the original owner (or designated titleholder.) f. Proposed Channel Marker locations and signage. • A plan was submitted "Proposed Clam Bay Marker Plan" dated March 4, 2009, which provides the location of the proposed markers. • The markers would consist of a combination of posts and buoys. • Submittal of a document providing an example of the signs to be placed at the mouth of the Pass and the end of the Bay near Seagate, which warns boater's, local knowledge is required to navigate the area. • The Clam Bay Advisory Group Subcommittee approved the Plan with the addition of two markers, one as someone enters the Pass where swimmers and boaters conflict and one in the middle of Clam Bay for further assistance in navigation in this area. 16 1 1 (1,q, March 19, 2009 2. Clam Pass Permit Information and Documentation a. Clam Pass permit drawings dated February 27, 2009 b. Clam Pass Dredging JCP Application dated February 18, 2009. • Staff is requesting authorization to move forward with the permit application dated February 18, 2009 for the purposes of "tidal flushing" of the Clam Pass. Upon discussion, the following was noted: • The requirement of the installation of the Navigational Markers was in the original 1998 US Army Corps of Engineers (USACE) permit. • No permit modifications were requested for the USACE permit. Speakers Marcia Cravens, Mangrove Action Group noted the following: • The letter from the USACE was directed to Pelican Bay Services Division, (PBSD) who has not had an opportunity to respond. • The PBSD is the Permittee, and any action by the Clam Bay Advisory Committee is inappropriate. • The letter from the USACE does not constitute a "letter of permit non- compliance." • The letter does not specify the type of markers required to be used. • She recommends hazard type markers be utilized as opposed to buoys and signs. Colleen Greene, Assistant County Attorney confirmed the permit was issued to Collier County /Pelican Bay Services Division and Collier County is the legal entity in control of the Permit (ultimately the Board of County Commissioners controls the permit.) Bob Naegele, Pelican Bay Resident noted the following: • Pelican Bay Services Division has done an excellent job managing the Bay. Pelican Bay residents have provided revenues for the work in managing the Bay. He requested a statement from the County they "will never dredge Pelican Bay" (Clam Bay.) Sarah Wu, Seagate Resident noted the following: • Commended the work of the Permit Subcommittee • The proposed plan for navigational marking is a compromise from the original plan. • Prefers another type of US Coast Guard approved marker (rather than the buoys). 4 161 1 ti March 19, 2009 Gary McAlpin stated the advantage of using the buoys is that they are identical to other County navigational markers and would be placed in the Collier County inventory and subject to a re- occurring maintenance cycle. VIII. New Business 1. Approval of Permit Subcommittee recommendation to install Navigational Markers in Outer Clam Bay for USACE permit compliance and recommendation to move forward with permitting and installation. Mr. Krumm provided a brief overview of the work of the Clam Bay Advisory Committee - Permit Subcommittee. Mr. Krumm moved to approve the navigational marking plan as recommended by the Clam Bay Advisory Committee - Permit Subcommittee. Second by Mr. Arceri. The following was noted under Committee discussions: • The buoys located in shallow water areas will be placed to remain upright during times of low water. • The existing canoe markers were improperly permitted by the State of Florida Fish and Wildlife Conservation Commission and need to be removed. There is confusion over the issue between all parties involved. The Committee determined the "Permit Subcommittee" should address the canoe markers issue. Ms. Worley noted the poles are more advantageous than buoys, as the buoys will have a tendency to lie sideways in low water areas and the poles may serve other functions for wildlife habitat (Osprey nests, etc.) Mr. Roellig stated there is no need for the navigational markers, as the channel has not been marked in over 50 years. He intends to vote against the motion. Speakers Michael Seef, Collier County Resident, expressed noise and wake concerns with boating activities in the area. Marcia Cravens, Mangrove Action Group noted the following: • Expressed concern once the markers are placed, it will lead to unfamiliar boaters using the area who will run aground. • The purpose of (Collier County) Ordinance of 96 -16 addressing motorized vessels in the area was for Manatee Protection in a sensitive area. Recommends installing hazard and natural resource signs for marking of the area. 5 16 1 1 q, 1 March 19, 2009 Rick Dykman, Seagate resident noted the following: • Seagate residents have the right to boat in the Bay and Pass. • The residents accept that the Pass may only be dredged for "tidal flushing" purposes. • The residents prefer the poles, but will accept buoys. • The markers need to be placed for the purposes of navigational safety and environmental protection. Motion carried 7 "yes — 2 "no." Mr. Roellig and Ms. Worley voted "no." It was noted the recommendation will be forwarded to the Coastal Advisory Committee and subsequently to the Board of County Commissioners. 2. Approval of Permit Subcommittee to proceed with permitting for Tidal Flushing Maintenance Dredging of Clam Pass by PBS &J. Gary McAlpin provided an overview of the items addressed in Item VII.2 - Staff Reports. Mr. Krumm provided an overview of the Permit Subcommittee activities, which included a formal recommendation that Staff proceed with the permit application. Gary McAlpin noted the following: • The permit application is identical to the same activity approved in the previous permit (1998 permit). • The application is to dredge for "tidal flushing" purposes (when the channel becomes impeded through natural occurring conditions or a storm event). • A by- product of the dredging is the possibility of acquiring beach quality sand for re- nourishing County Beaches. • The permit does not require a specific "dredge cycle." Mr. Roellig recommended the County apply for an additional I -year extension to the original permit (the current 1 -year extension issued last year expires on July 1, 2009). This would allow the Subcommittee addressing the issues of water quality and sand bypassing, etc. ample time to form recommendations upon which a new permit application could be processed. Gary McAlpin noted: • It would be in the best interest of the County to obtain a new 10 -year permit and not risk seeking continual extensions (which may or may not be granted.) for the existing permit from the Florida Department of Environmental Protection • The work of the Subcommittees is extensive and may take a considerable amount of time. rel 16 1 March 19 2(lII9 • The incorporation of the new information developed by the Subcommittees (new cross sections proposed, etc.) may slow down the review process by the Agencies of a new permit application. • The issuance of a new 10 -year permit would provide an "insurance policy" to the County ensuring the capability to conduct the necessary endeavors to maintain the area as they have in the past. • With the issuance of the 10 -year permit, it would allow more time to propose any modifications recommended by the Subcommittees. Ms. Worley expressed concern the permit application is incomplete and does not provide proper documentation to the Clam Bay Advisory Committee for a thorough review and decision. The application should be clear the permit is for improving tidal flushing when necessary or maintenance required because of a storm event, not acquiring beach quality sand. She recommended the County apply for an additional extension of the existing permit. Mr. Krumm moved to recommend to the "whole committee" (Clam Bay Advisory Committee) the recommendation by the Permit Subcommittee, (that the County apply for the 10 year permit as proposed by Staff.) Second by Mr. Standridge. Speakers Linda Roth, Pelican Bay Resident requested clarification why PBS &J was selected as the consultant and who completed the previous dredging. She recommended the County utilize local consultants as opposed to national companies. Gary McAlpin noted Energy Resources and Sub - aqueous Services, Inc. completed previous dredges (to the best of his knowledge). The previous consultant was Humiston and Moore Engineers. PBS &J is qualified to perform the services requested by the County. Marcia Cravens, Mangrove Action Group expressed concern the application does not indicate the activity will be the same dredging activity as approved in the previous permit. She expressed concern over the application acquiring "beach quality sand." Gary McAlpin noted all the interior cuts are identical to the previous permit. He also clarified the motion by stating it would authorize Staff to move forward with a permit application for "tidal flushing" for Clam Pass on the same basis as previously permitted (in the previously issued 10 year permit). Motion carried 7 "yes" — 2 "no. " Mr. Roellig and Ms. Worley voted "no. " 3. Sand Bypassing Subcommittee progress update. Postponed 161 at z March 19, 2009 4. Water Quality: Tidal Flushing/Mixing and Nutrient Loading/Runoff Control Subcommittee update. Postponed 5. Mangrove Maintenance and Habitat Subcommittee Update Postponed 6. Membership and Subcommittee work team reevaluation Mr. Arceri moved to combine Collier County Clam Bay Advisory Committee Subcommittees #2 and #4 (Water Quality and Sampling Subcommittee and Maintenance Dredging and Sand Bypassing of Clam Pass Subcommittee). Second by Mr. Krumm. Carried unanimously 9 -0. The Committee determined to add Mr. Arceri as a member of the Subcommittee which is now comprised of members: Mr. Roellig, Mr. Glah, Ms. Worley, Mr. Farmer and Mr. Arceri. Speaker Marcia Cravens, Mangrove Action Group noted the Committee is not completing the task assigned in the proper manner. There are no opportunities for outside consultants to address issues, or the Subcommittees to develop their own Agendas or directives. She expressed concern the directive of the Board of County Commissioners is not being followed by the Clam Bay Advisory Committee. The Committee noted they have been charged with the assigned task and have the authority to determine how to most optimally achieve the mission assigned by the Board of County Commissioners. IX. Old Business Clam Bay Advisory Committee Charter Approval by CAC on 3/2/09 Postponed X. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date April 16, 2009 — North Collier Regional Park, Exhibit Hall Room B, Naples N. 6 ti l� March 19, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:00 PM. COLLIER COUNTY CLAM AAY ADVISORY COMMITTEE Ja� A. Carroll, Chairman C ,1 These Minutes approved by the Board /Committee on as presented or as amended It Fiala Halas 161 1 �� Coyle April 16, 20AF-CENED Coletta AUG 13 10Og MINUTES OF THE MEETING OF THE CLAM BAY Board of County �ommissior ADVISORY COMMITTEE Naples, Florida, April 16, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 2:30 P.M., at North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room B, Naples, Florida with the following members present: Chairman: James A. Carroll Vice - Chairman: John Arceri Ronald A. Glah Noah Standridge (Excused) Robert Rogers Kathy B. Worley David Roellig (Excused) Tahlmann Krumm, Jr. David Farmer ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Pamela Keyes, Environmental Specialist Gail Hambright, Tourist Tax Collector Misc. Coma: Colleen Greene, Assistant County Attorney �L 161 C-�/ z April 16, 2009 I. Call to Order/ Roll Call Chairman Carroll called the meeting to order at 2:30PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Arceri moved to approve the agenda subject to the following additions: Item VII.1 - Updated Executive Summary Item VII.2 - Peer Review Item VII.3 - Resolutions for the CCBCC and the City of Naples Second by Mr. Krumm. Carried unanimously 7 -0. V. Approval of Minutes 1. March 19, 2009 Mr. Krum moved to approve the minutes of the March 19, 2009 meeting subject to the following correction: Page 5, paragraph 6, line #1 — from "more advantageous than buoys, as the buoys will have a tendency..." to "more advantageous than buoys, as the buoys might have a tendency..." Second by Mr. Arceri. Carried unanimously 7 -0. VI. Chairman's Comments 1. Water Quality extent of coverage The physical areas to be covered under water quality studies include Moorings Bay (primarily data collections and analysis) as it is connected to Clam Bay via culverts at Seagate Drive. 2. Dredging Memo A memo was developed by the Chairman "Collier County Clam Bay Advisory Committee " dated 4 -20 -09 which addresses the dredging issues in Clam Bay. He requested Committee members consider avenues to distribute the memo (and others) to the public. This will be taken up under item VILA of the agenda. 3. CAC approval of Permit Application for Dredging and Installation of Navigational Markers. The Permit Application for Dredging and the Plan for Installation of the Navigational Markers were approved by the Coastal Advisory Committee on April 9, 2009. 2 16 1 1 C(i- April 16, 2009 4. Community Support for CBAC Discussion on the importance of community support and public understanding of the duties assigned to the Committee. VII. Staff Reports None VIII. New Business 1. Water Quality studies and approval of Proposal by PBS &J The Executive Summary (ES) "Recommend Approval from the Coastal Advisory Committee to contractfor Water Quality Monitoring, Data Collection, Circulation /Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached PBS &Jproposal dated 4/1/2009 for a time and materials not to exceed price of $265, 012" was submitted to the Committee for review. Ms. Worley provided an overview of the work completed by the Subcommittees in reference to the ES noting the following: • Data collected in the Study should be compatible for submittal to the STORET system. • The need for similar parameters for collection and analysis of data within the areas affecting the System by various consultants, etc. • PBS &J was requested to prepare a proposal for a Water Quality Study and provided the proposal "Water Quality Monitoring, Data Collection, Circulation /Sediment Model and Natural Resource Characterization Study. " • The proposed Study was presented to the Water Quality, et al Subcommittee for approval with the purpose of providing a comprehensive Water Quality Study of the System. • The Committee approved the Study with minor wording changes (i.e. page 6- "Hydrographic Survey," - defining the System area), requirement of a rigorous Peer Review, and for Staff to obtain full funding for the Study. She expressed concern with the current proposal on Page 11, "Assumptions" — "This scope does not include time /effort to respond to or modify the workproduct based on this Peer Review. " Traditionally with Peer Review, the author of the Study responds or modifies the Study as necessary. Gary McAlpin stated PBS &J will need to be compensated for any additional work required. It is difficult to provide a contract for this work, as the comments from Peer Review are unknown at this time. Ms. Worley expressed additional concern that data collection limited to 8 days may not provide adequate calibration of the model. 3 16 1 Gv April 16, 2009 Bryan Flynn of PBS &J provided an overview of the Study highlighting the following: • 8 days of data collection is sufficient to calibrate the model • More data is always beneficial; however the amount of data collection is linked to cost considerations. • Once the model is developed there is capacity to differentiate impact from wet and dry seasons by altering the data input to the model which would analyze the changes which may occur within the system. Discussion ensued on the necessity of post model calibrations and /or verifications. It was noted the Study is the core topic for the task assigned to the Committee by the Board of County Commissioners and needs to be as accurate as possible. Gary McAlpin noted if the Peer review finds further calibration is necessary it will be addressed at that time. He recommended: On page 11, "Assumptions, " - the addition of item #6 to read: "Seven days of calibration are included in the proposal. If additional calibration is deemed necessary upon Peer Review, additional calibrations with a cost basis of time and materials may be added to the contract. " Discussion ensued on the current rate schedule for contractors and whether PBS &J should consider a 20 percent reduction in rates. Gary McAlpin noted the firm and 4 others are approved to provide Coastal Zone Management Services to the County. The Contract will be within County Purchasing Policy and the Policy is not within the scope of the CBAC. The Committee requested Staffto present any items requiring formal action by the Clam Bay Advisory Committee to them, before the item is heard by the Coastal Advisory Committee. Speakers Marcia Cravens, Mangrove Action Group highlighted the following: • County Purchasing Policy is relevant to the item. • Alternative firms have not presented proposals for the Study. • Expressed concern that conclusions have been reached that Water Quality is sub - standard in Clam Bay when it currently meets State's standards. • Many of the problems of water quality reside in Moorings Bay. Linda Roth, Pelican Bay Resident highlighted the following: • Expressed a "cost concern" on the Study. • Only half of the Study will be completed in the Clam Bay system, the other half is within the City of Naples. • The Study may be duplicating efforts as Humiston & Moore addressed some of the tasks in previous studies in November of 2008 (Clam Pass Restoration and Management Plan Biological Report #9). 2 1' ' April , G2 A 16 19 • The tax dollars proposed to be expended on this item should be spent on municipal services. Mary Johnson highlighted the following: • Expressed concern that the Contract is pre - mature and not within the scope of the CBAC. • The Study is not within the scope of the Ordinance created by the BCC directing the CBAC. • The geographic scope of extent of the area to be studied by the Committee is unclear. • The purview of the Committee is the NRPA (Natural Resource Protection Area). Mr. Arceri expressed dismay that some individuals who appear to be focused on the overall health of this Estuary are opposed to a new comprehensive study on it. Mr. Arceri moved to accept the proposal (Water Quality Monitoring, Data Collection, Circulation/Sediment Modeling and a Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the attached PBS &J proposal dated 4/1/2009 for a time and materials not to exceed price of $265,012) with the following conditions: 1. The option to re- calibrate the model if necessary. 2. The Study is subject to an extensive Peer Review. Second by Ms. Worley. Carried unanimously 7 -0. 2. Peer Review Gary McAlpin provided an overview of the Executive Summary "Recommend Approval from the Clam Bay Advisory Committee to provide Peer Review from Terrell -Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS &J Clam Bay Water Quality Monitoring, Data Collection, Circulation, Sediment Model and Natural Resources characterization Study. The cost for the Peer Review is expected not to exceed $50, 000." He noted the review will include, but may not be limited to: • Data Collection techniques • Data Analysis • Review of Model Calibration • Review of Modeling Techniques • Review of Conclusions It was noted Peer Reviews are common within the Industry and will be completed in Phases as the Study proceeds. It is necessary to ensure the Study is publicly accepted as "credible," technically accurate and includes experts previously involved with issues in the Estuary. 161 ILv April 16, 2009 Discussion ensued on how matters would be adjudicated should there be any disagreements on aspects of the Study. Gary McAlpin noted the "phased review" concept should assist in ensuring the final conclusions /recommendations will be agreed upon by all involved. Speakers Steve Feldhaus, Pelican Bay Foundation highlighted the following: • The Foundation supports the work of the Clam Bay Advisory Committee and supports the concept of a Peer Review of the Study. • Clam Bay was deeded to Collier County in 1982, where the Declarant held certain restrictive rights, with the rights currently assigned to the Foundation. • The Foundation is willing to participate in the process as the Clam Bay Advisory Committee moves forward. • The Foundation will review the recommendations from the Study and provide approval as legally required in the assigned documents. Ms. Worley moved to approve Peer Review from Terrell -Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS &J Clam Bay Water Quality Monitoring, Data Collection, Circulation, Sediment Model and Natural Resources Characterization Study as depicted in the Executive Summary. Second by Mr. Krumm. Carried unanimously 7 -0. 3. CAC approval of Permit Application for Dredging and Installation of Navigational Markers. Gary McAlpin provided an overview of the Executive Summary "Recommend Approval from the Clam Bay Advisory Committee to request that resolutions from the Collier County Board of County Commissioners and the City of Naples be adopted that clearly express no interests in intentions from Collier County or the City of Naples to Navigational Dredge Clam Pass or the Clam Bay System. " He noted the Resolution is intended to assure the public the County has no interest in dredging Clam Pass or Clam Bay for navigational purposes. The Committee noted the "Objective " in the ES states, "Assure the Pelican Bay Community... " and should be revised to state, "Assure the public... " Mr. Rogers expressed concern the Resolution is not enforceable as it is Policy, not law. Colleen Greene noted the question is "does the Committee want to make the request for the City of Naples and the Board of County Commissioners to develop a resolution of this nature "? There is no "Resolution" under consideration at this point. Mr. Rogers expressed concern the Policy may be construed to prevent "dredging" should the canal in Seagate become impeded as this could be deemed "dredging for navigation purposes." 2 161 l l� April 16, 2009 Ms. Worley noted the issue is already identified in County Policy under the Collier County Coastal Zone Management Plan - 1991, Section 7.1.2 states "Clam Pass should never be dredged for navigation purposes... " Speakers Steve Feldhaus, Pelican Bay Foundation noted the following: • Expressed concern that legal precedent may require areas marked for navigation remain open for navigational purposes. • This may lead to navigational dredging of the area in question. • Questions if the 1998 permit requires navigational markers in Clam Bay, as well as the Pass. • The navigational markers issue will be addressed with the Board of County Commissioners. Marcia Cravens, Mangrove Action Group, noted: • County documents such as the Coastal Zone Management Plan indicate dredging the Pass is for tidal flushing purposes and the Pass is "non - navigable" She opposes placing navigation markers in the Pass. Dredging for tidal flushing and /or navigation cause damage to Seagrasses and the marine environment. Ned Renfroe noted he has boated in the system over a long period of time with various motor boats and the area is "navigable." Sarah Wu, Seagate Resident does not support a Resolution of this nature. According to the Foundation, they have asserted they are the final authority for any activities in Clam Bay. She disagrees with the assertion, however if this is the case, the Resolution is unnecessary. Gary McAlpin noted a Resolution, if adopted will not alter the County's position on placing navigational markers in the system. Mr. Krumm moved to approve the Executive Summary. Second by Mr. Glah. Mr. Rogers noted the Seagate Homeowners Association has not reviewed the item and he will be voting "no." Motion carried 6 "yes" —1 "no." Mr. Rogers voted "no." 4. Communication and Dredging Memo Discussion occurred on the document "Collier County Clam Bay Advisory Committee " dated 4- 20 -09. Mr. Glah left a 4: 40PM 7 16 1 , C/2-110 April 16, 2009 Mr. Arceri moved to continue this item to the next meeting. Second by Mr. Krumm. Motion carried 6 - 0. Committee members are requested to comment individually to Staff on the content of the document. 5. Discussion of Mangrove Maintenance Integration into Water Quality Subcommittee. Mr. Arceri moved to continue this item to the next meeting. Second by Ms. Worley. Motion carried unanimously 6 -0. IX. Old Business None X. Announcements Gary McAlpin noted the Navigational Marking Plan, Dredging Permit Application and Mission Statement, are slated to be heard by the BCC on May 12, 2009. Colleen Greene, Assistant County Attorney reminded Committee member's documents are public record and need to be retained for a minimum of 3 years. A member may turn the documents over to Staff who will retain the records. XI. Committee Member Discussion None XII. Next Meeting Date/Location May 21, 2009 — North Collier Regional Park, 15000 Livingston Road, Exhibit Hall, Room A, Naples. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:52 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE w' Jaaptes A. CarrollX Mri man These Minutes approved by the Board/Committee on as presented L-" or as amended op'�OVRECEIVED 6 _ AUG 13 2W9 July 16, 2009 .-)t County Commissioners MINUTES OF TR EETING OF THE COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE Naples, Florida, July 16, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 2:30 P.M., North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: Chairman: James A. Carroll Vice Chairman: John Arceri Ronald A. Glah Noah Standridge (Excused) Robert Rogers Kathy B. Worley David Roellig Tahlmann Krumm, Jr. David Farmer ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Mia CWW. Colleen Greene, Assistant County Attorney DAM: %M it. . 161 1 eq, Jul y 2009 16 ,� L Call to Order Chairman Carroll called the meeting to order at 2:32 PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Arceri moved to approve the Agenda. Second by Mr. Krumm. Carried unanimously 8 -0. V. Chairman's Comments 1. Role of Sub - Committee versus Main Committee Discussion Chairman Carroll noted with many of the Subcommittee tasks being completed, the Main Committee will handle any remaining issues unless otherwise required. An Agenda item is necessary for the next meeting to review how to complete the task assigned by the Board of County Commissioners given the deadlines imposed. VI. Approval of Minutes 1. April 16, 2009 Mr. Krumm moved to approve the minutes of the April 16, 2009 meeting. Second by Mr. Arceri. Carried unanimously 8 -0. VII. Staff Reports 1. Activities of BCC - Update Gary McAlpin, Director, Coastal Zone Management provided the updates. a. Mission Statement The Board of County Commissioners approved the Mission Statement on May 26, 2009 with no modifications. b. Permit Application The Board of County Commissioners approved the application submittal for the new 10 -year permit on May 26, 2009. The existing permit has expired, however, the regulating parties will accept a request for any necessary work in the event of a storm emergency. The new permit will be a Joint Coastal Permit (JCP) issued by the Florida Department of Environmental Protection and the US Army Corps of Engineers. Staff anticipates it will be approximately 9 -12 months before the permit is issued. 1) 161 1 C,2, July 16, 2009 c. Channel Marking The Board of County Commissioners reviewed the Channel Marking Plan approved by the Committee on May 26, 2009. Various parties spoke on the issue and no decision was made. Commissioner Coyle recommended a joint meeting be held May 29, 2009 between the Seagate Homeowners Association, Pelican Bay Foundation, Clam Bay Advisory Committee (CBAC) and Staff to see if an agreement for marking the channel could be reached. Subsequent to the meeting, no agreement could be reached between the affected parties. The item returned to the Board of County Commissioners on June 23, 2009 and the Channel Marking Plan was approved as originally proposed by the CBAC. It was noted the Committee's work on this item has concluded. Discussion occurred about the US Army Corps Engineers (USACE) issuing a statement the markers do not have to be the "red and green" markers. Gary McAlpin noted the County has not received a copy of that statement. Discussion occurred on a June 9, 2009 memorandum from Lanie Edward's of the Florida Department of Environmental Protection (FDEP) to County Staff, which indicated the FDEP permit will not require the installation of "navigational markers" and this statements possible impact on the BCC decision to mark the channel. Gary McAlpin clarified there are two permits in question in reference to the Joint Coastal Permit previously issued, the FDEP permit and the USACE permit. The FDEP has indicated they will enforce the "informational signs" required in their permit, not the navigational channel markers. The USACE permit does require "navigational markers" to be installed and Staff has not received any statements to the contrary from the USACE. Discussion occurred noting even if a permit does not require "navigational markers" be installed, does the County have an obligation to mark the channel to ensure the safe navigation of vessels? d. Water Quality Study It was noted the Committee's focus should now be on the Water Quality of the System. VIII. New Business 1. Work Plan Review and Approval for Data Existing Modeling Review and Analysis as well as Collection of New Data. 3 16 1 1 � July 16, 2009 Gary McAlpin provided the Executive Summary "Work Plan and Approval for Existing Data and Modeling Review /Analysis and the collection of New Data required for the Water Quality Analysis. " He noted: • The Study proposed by PBS &J was presented to the BCC on June 23, 2009 and Staff requested complete funding of the Study. • The BCC authorized funding the "1st Phase" of the Study in the amount of $120,000 (to review the existing data and collect the new data, etc. required in the proposed Study). • The City of Naples has pledged an additional $25,000 to aid in funding the Study. • Upon completion of the Phase, the results will be presented to the BCC for discussion on moving forward with the ``Modeling Phase." It was noted the CBAC should continue to stress the importance of the "Modeling Phase" of the study as the result flushing requirements, etc. will assist in maintaining the ongoing health of the System. Discussion occurred noting the Florida Department of Environmental Protection is revising Water Quality Standards. Is the Study pre- mature and should it be postponed until the new standards have been adopted? Gary McAlpin noted one aspect of the Study is to develop "unique standards" required to maintain the Water Quality in the Clam Bay System. Concern exists that uniform State of Florida Water Quality Standards may not pertain to all systems within the State and may be counterproductive to the health of some individual systems. This issue has been addressed by Dr. Tomasko of PBS &J. Gary McAlpin noted in conclusion, Staff recommends the Clam Bay Advisory Group approve the Executive Summary. Mr. Farmer left at 3:25 p.m. Discussion occurred on why PBS &J was chosen to complete the work as other local firms have completed work in the past for the County and Pelican Bay Foundation. Some individuals /organizations have objected to PBS &J completing the Study. Gary McAlpin noted PBS &J is qualified by the County to complete the work and has been chosen to provide a new "independent analysis" of the entire System. Discussion ensued on the availability of funds to complete the remaining phases of the Study. Gary McAlpin anticipates funds for the "Modeling Study" will be provided from Tourist Development Council funds and the "Peer Review" will require General Revenue funds. 4 16I 1 (11,, July 16, 2009 Discussion occurred if Humiston and Moore and Terrell Hall and Assoc. should address the Committee on the results of their Studies previously conducted on the System. Mr. Arceri moved to approve the first three steps of the Water Quality Program including Development of a Water Quality Program, Sediment and Biological Characterization and Physical Data Collection by PBS &Jfor a price of about $140,000. (This Phase ofi the Study to be completed by November and include in the Summary of the Report, the necessity of completing the Modeling Phase of the Study. Second by Mr. Krumm. Speaker Jerry Moffatt, Pelican Bay Services Division noted the Division has taken no formal position on engaging PBS &J to complete the new Study. Motion carried unanimously 7 -0. 2. Endorsement of an Inter -local Agreement with the City of Naples for $25,000 Funding. Gary McAlpin presented the Executive Summary "Obtain the CBAC endorsement to obtain an Inter -local Agreement with the City of Naples for $25, 000 to share cost for the Developing a Water Quality Monitoring Program. " Mr. Krumm moved to approve the Executive Summary (Obtain the CBAC endorsement to obtain an Inter -local Agreement with the City of Naples for $25,000 to share cost for the Developing a Water Quality Monitoring Program. ") Second by Mr. Roellig. Carried unanimously 7 -0. IX. Old Business 1. Maintenance Dredging Permit - Update Discussed under Staff Reports 2. Channel Marking Status /Progress - Update Discussed under Staff Reports 3. Communications — Jim Carroll Chairman Carroll outlined the necessity of providing public communications on the activities of the Clam Bay Advisory Committee (CBAC). The following was noted: There are no funds available for a direct mailing to the public. Concern the Naples Daily News does not cover the meeting and should they be contacted? A letter to the editor could be provided to local publications. 5 161 1 Cv July 16, 2009 Speaker Noreen Murray, Pelican Bay Resident recommended the Committee post any applicable communications on the "Community Forum" page of the Pelican Bay Website. She acknowledged there is confusion within the Pelican Bay Community over the tasks being undertaken by the CBAC. X. Announcements Gary McAlpin recommended if Committee members have concerns over CBAC items, they be addressed at their forums, not the Board of County Commission meetings. CBAC items will be presented to the BCC with "one voice." This activity has the potential to negatively effect funding requests presented to the BCC. XI. Committee Member Discussion Mr. Arceri noted he has received public communications expressing concerns over conflicts between swimmers and boaters in Clam Pass and inquired if the CBAC is going to address the issue? Gary McAlpin noted he has contacted Pelican Bay Foundation for 2 proposed informational signs /markers in the Pass and is in the process of developing the exact wording for the signs. An update will be provided at the next meeting. Ms. Worley noted there are outstanding items from Subcommittee tasks such as proposals by Consultants, etc. It was noted these issues will be addressed by the CBAC at the next Regular meeting. XII. Next Meeting Date To be determined There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:06 PM. COLLIER COUNTY CLAM BAY ADVISORY COMMITTEE —1, �4,x- J d cet"X �a es A. Carroll, Chairman l These Minutes approved by the Board /Committee on � ^ 13 — 4 Q as presented ✓ or as amended rel Fiala f�' Halas - 161 1 Henning Coyle February 6, 2009 Goletta ZECEiVED MINUTES OF THE MEETING OF THE CLAM BAY AUG 209 NAVIGITIONAL MARKER SUBCOMMITTEE goarrf of county CommsAicnc:e Naples, Florida, February 6, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Navigational Marker Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 1:30 P.M., at the Office of Coastal Zone Management, 3300 Santa Barbara Blvd., Naples, Florida with the following members present: Tahlmann Krumm, Jr. Robert Rogers ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant, Coastal Zone Management Pamela Keyes, Environmental Specialist Misc. Cones: Date: terr, #: " to: 161 1 �so, February 6, 2009 Gary McAlpin, Director, Coastal Zone Management called the meeting to order at 1:34 PM Pledge of Allegiance was recited. A quorum was present. It was noted James Carroll and Kathy Worley; Clam Bay Advisory Committee Members were also present. Mr. Rogers moved to nominate Tahlmann Krumm and Robert Rogers as co -chair of the Clam Bay Navigational Marker Subcommittee. Second by Mr. Krumm. Carried unanimously 2 -0. Gary McAlpin provided an overview of two handouts provided by Staff: E -mail String from Staff and Cynthia Ovdenk, US Army Corps of Engineers from June 11, 2008 Subject: "Clam Bay" which states, • "The Permittee agrees to comply with the components and timeframes as specified within the Clam Bay Restoration Management Plan (CBRMP), which is attached to this permit as Attachment "A. " All attachments to a Corps permit are included as part of the permit and therefore enforceable. A section of the management plan located on Page 38 and 39 states: the main channel will be marked in accordance with the requirements of the United States Coast Guard (USCG) to ensure that those who use the system clearly know where the channel is and the prohibitions of operating their water craft outside the same. Therefore, in order for this permit to be in compliance the channel must be marked per the USCG's requirements. Please submit a letter to the Corps indicating the channel markers are in place, along with the dates and pictures. " Letter from Lainie Edwards, Environmental Permitting Section, Florida Department of Environmental Protection dated June 9, 2008 — Subject: Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long Term Management Project (0128463 -001 -JC) which states, • "Furthermore, the Joint Coastal Permit does specifically address signage%nvironmental protection markers that the Bureau of Beaches and Coastal Systems requires in the Pass area through Specific Condition 5, which discusses 10 signs required to be installed in specific locations, in order to protect the natural communities as well as the boating public. The Bureau of Beaches and Coastal Systems requires that these signs be installed as protective environmental measures (although the wording on the signs will have to be amended to meet legal requirements of FWC). " He noted the following: • There would be 10 signs in total, in 5 locations visible for (boat /canoe /kayak traffic) coming and going (in relation to FDEP requirements). N 16 ( i CZa February 6, 2009 • The waters are Federal waters with US Coast Guard jurisdictions who specify the size and specifications of the signs, with locations determined by local knowledge. • The US Coast Guard declares the waters navigable. • The channel is dynamic, but the County proposes the channel be marked and whether boaters can utilize the channel will be at the discretion of the boater. Speakers Ted Raia, Pelican Bay Resident stated the Services Division has never received a letter from Agencies, which declare the permit is "not in compliance." He submitted the documents "National Oceanic and Atmospheric Administration, (NOAA) On -line Chart Viewer" which identifies the Pass as "non navigable" and "NOAA Coast Pilot 5, Atlantic Coast: Gulf of Mexico, Puerto Rico and Virgin Islands" which indicates "Clam Pass, is a shoal drainage canal to Outer Clam Bay. The pass is used only by outboards in good weather." He also submitted a document "US Coast Guard Private Aids to Navigation Application Instructions " for consideration. Michael Seef, North Naples Resident, also representing his son, a Seagate property owner noted he kayaks in Clam Bay and the signs existing are adequate and requests clarification where the direction is coming from to place navigational markers. He expressed concern over the additional cost associated with placing the markers. * * *It was noted the marking is at the initiative of the US Army Corps of Engineers. Linda Roth, Pelican Bay Resident, submitted a copy of a portion of the "Clam Bay Management Plan Draft", prepared by Turrell, Hall and Assoc., dated August 29, 2007 which provided a history of the Pass and indicated the Pass has been continually opened and closed for navigation due to a variety of reasons. She noted dredging for navigational purposes is not allowed in Natural Resource Protection Areas. She expressed concern placing the markers will actually increase the frequency of boats grounding in the Pass due to sediment building up around the markers. Doug Finley, Naples Resident notes he kayaks in Clam Pass and the Pass is dynamic, however has distinct channels. The existing canoe marker signs are in disrepair and the area is not properly marked for canoeing /kayaking. Navigational markers are located throughout the Preserves in the County and the rest of the Country. These markers assist in protecting the environment. Marcia Cravens, Mangrove Action Committee submitted the following documents: • Appendix M of the Natural Resource Protection Areas and related information on Clam Bay Management Plan, • Letter from Pamela Keyes of Coastal Zone Management to Florida Department of Environmental Protection dated April 21, 2008 Re: Exemption Application for Rule #40E -4.501 (7) 161 I February 6, 2009 • Letter from Pamela Keyes of Coastal Zone Management to Joe Embress of the United States Coast Guard dated April 21, 2008 — Re: Private Aids to Navigations, Clam Bay, and Collier County. She noted the statement that the Permit and Management Plan requires the installation of navigation aids is incorrect; these issues are "Management Options," as opposed to requirements. She reviewed a letter from the Department of the Army July 21, 1997, which detailed the following benefits of the Clam Pass Management Plan: 1. Installing a tidal flap. 2. Deeping (deepening) and widening of Clam Pass to provide enhanced tidal exchange. 3. Open a deteriorating network of interior channels to improve tidal exchange. 4. Selective cutting of 50 -75 percent of the dead mangrove trees to improve the aesthetic quality of the Clam Bay System. 5. Development and implementation of revised freshwater /storm water management system for the developed upland lying east of Clam Bay to_facilitate re- examination of the role of freshwater in the Clam Bay system. The letter does not mention navigation or the installation of channel markers. She reviewed historic letters written by Martha Dykman, (Seagate homeowner) which recognized the Bay has limited (boat) access to the Seagate community. Kathy Worley suggested the main Committee should be provided documentation from the various Agencies identifying which portions of the Permit are out of compliance. She referenced the County Zone Management Plan Section 7.6.1.2 which recognizes the Pass as "non- navigable." She expressed concern over liability to the County if the Pass is marked with navigational markers as the shifting Pass causes boaters to run aground. Mr. Krumm requested clarification on any correspondence on the issue of non- compliance from the various Agencies. Gary McAlpin noted the non - compliance is referenced in the email string provided above. He noted any solutions will need to address the "shifting Pass." The US Army Corps of Engineers (USACE) is requiring the County to provide navigational markers so the channel provides "historic access" for boaters. Linda Roth noted documentation indicates "historical access" to the Pass is "limited." Kathy Worley suggested Staff obtain a "letter" from the USACE as opposed to emails. Jim Carroll questioned if the "statement" of non - compliance has been "challenged" by the County. Gary McAlpin noted the City of Naples and Seagate Homeowners have requested the County comply with the permit and mark the channel for historical navigational rights. Staff has no opinion on the issue but has been directed to come into compliance with the permit. 4 16 I 1 aia February 6, 2009 Michael Seef, North Naples Resident questioned if the Army Corps has reviewed the area for the definition of "historical access." He also sought clarification if the Seagate Homeowners are actually in favor of marking the channel. Jim Hays expressed concern that boats in environmental areas cause environmental damages due to wake, etc. He expressed concern if the channel is marked, in the future it will require dredging to maintain the channel as navigable. Gary McAlpin noted the Permit permits dredging for tidal flushing only. It will not be dredged for navigation in the future, only for tidal flushing. He has requested the County Attorney's Office review the restrictive covenants (in the deed from Pelican Bay to Collier County) on "dredging" and provide an opinion to Staff on dredging activities allowed. Jim Burke, noted over the past weekend, two boats with outboard motors grounded in the channel. Marcia Cravens, Mangrove Action Committee objected to Gary McAlpin running the meeting. Mr. Krumm noted Gary McAlpin is the Staff liaison and the facilitator of the meeting. He has no voting power as Mr. Krumm and Mr. Rogers co -chair the Subcommittee. Mary Bolen, Pelican Bay Resident noted the US Army Corps of Engineers Permit (USACE) 79K0282 issued in 1995 states no dredging is allowed in the area "except for maintaining waters to the Gulf of Mexico. " It was noted this was the original permit issued by the USACE. Mr. Rogers noted the following: • He is on the Seagate Homeowners Association Board and the Board supports marking the channel. • He is the representative of the Community; there are no other Seagate residents present at the Subcommittee meeting as the Community has decided to speak with one voice. • He boated out through the Channel /Pass this past weekend and provided pictures as documentation of the trip, as well as photos of the drawbridge. • The drawbridge was constructed as part of the original Permit, which indicates clear intent boats were to navigate the Channel /Pass. • Seagate Homeowners request the minimum amount of markers required for safety. • Seagate Homeowners recognize the Pass is dynamic; however the Pass should provide some type of marking for safety of all involved (boaters, swimmers). • He suggested the outcome of the meeting provide a proposed plan for marking, to the main Committee. 16 I 1 C2d February 6, 2009 Gary McAlpin provided an overview of two plans for marking the area. One prepared by Tim Hall of Turrell, Hall and Assoc. and one provided by Marcia Cravens, Mangrove Action Committee. He recommended the Subcommittee attempt to reach closure on some aspects of the location of channel markers. Pamela Keyes, Environmental Specialist provided an overview of the types of navigational markers allowed by the US Coast Guard. Informational signs may be placed before entering the Pass /Channel (from either direction), which state, "local knowledge required" and state a controlling depth (i.e. "controlling depth 3 feet "). This would deter boaters not familiar with the Pass from entering the system, and assist in reducing County liability. * * *It was noted the area (including the entrance from the Gulf of Mexico) could be marked with 10 or less aids to navigation. Marcia Cravens, Mangrove Action Committee noted her plan indicates navigational aid markers and her intent was for "shoal markers" as opposed to "channel markers." It would be consistent with the area being a Natural Resource Protection Area and provide the historic access to the Seagate Homeowners. When Tim Hall mapped her proposal it indicated "channel markers" inadvertently. She expressed regulatory "channel markers" increase the liability of the County (as opposed to shoal markers). Ted Raia, Pelican Bay Resident noted the Pelican Bay Service Division is willing to post standard canoeing /kayaking signs, as many as necessary, to provide the Seagate Homeowners with the benefit of navigating the area. Mr. Krumm sought clarification if the County has pursued an appeal of the non- compliance decision. Gary McAlpin noted this conversation has not occurred, rather has been notified through conversations (emails), the Permit is out of compliance. The discussions included actions required for bringing the Permit into compliance. Marcia Cravens, Mangrove Action Committee noted she has personally challenged Cynthia Ovdenk's statement that the permit is out of compliance. Discussion ensued regarding clauses in the Pelican Bay Covenant's in the deed to Collier County, which may restrict navigational dredging. Ted Raia, Pelican Bay Resident read a portion of the Covenant's into the record, which dealt with the restrictions in the Conservation Area. It was noted it did not address dredging, and the County Attorney is providing an opinion on dredging within the area. 0 161 1 �,Za- February 6, 2009 Mr. Rogers moved for Staff to obtain a letter from the USA rmy Corps of Engineers indicating the Permit is out of compliance for the 'following reasons: " (letter to identify the specific reasons) Second by Mr. Krumm. Carried unanimously 2 -0. Ted Raia, Pelican Bay Resident requested a similar letter be issued to Pelican Bay Services Division (PBSD). If this letter had been received in the past, it would have resulted in a different direction for the PBSD. Marcia Cravens, Mangrove Action Committee stated the email string provided between Gary McAlpin and Cynthia Ovdenk is only a "partial string" and Gary McAlpin requested an interpretation of the Management Plan sections and "wanted her to say it required channel markers." Gary McAlpin objected to the statement and noted Ms. Cravens (or anyone) cannot speak of any conversations between himself and the USACE. The statement "Collier County wants channel markers installed' is an inaccurate statement. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:15 PM. COLLIER COUNTY CLAM BAY ADVISORY SUBCOMMITTEE 14 j�, _-- Co- Chairman, Robert Rogers and Tahlmann Krumm These minutes appro ed by the Board /Committee on (a ` <% as presented or as amended 7 Fiala Halas Henning Coyle Coletta 1 6 1 1 Nb March 6, 2 CEIVED AUG 13 2009 guard of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY CLAM BAY PERMIT SUBCOMMITTEE Naples, Florida, March 6, 2009 LET IT BE REMEMBERED, that the Collier County Clam Bay Permit Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M., at the Office of Coastal Zone Management, 3300 Santa Barbara Blvd., Naples, Florida with the following members present: Chairman: Tahlmann Krumm, Jr. Robert Rogers Noah Standridge ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Gail Hambright, Accountant Pamela Keyes, Coastal Zone Management Misc. Corres: 161 1 �tib March 6, 2009 I. Call to Order The meeting was called to order at 9:01 AM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rogers moved to approve the agenda. Second by Mr. Krumm. Carried unanimously 2 -0. V. Chairman's Comments and Chairman Appointment Mr. Krumm assumed the Chairman of the Subcommittee. He stated Public Speakers will be limited to 3 minutes and the comments should not be personal in nature and be related to the facts of the issue at hand. VI. Approval of minutes 1. Approval of February 6, 2009 Subcommittee minutes Mr. Rogers moved to approve the minutes of the February 6, 2009 minutes. Second by Mr. Krumm. Carried unanimously 2 -0. Mr. Standridge arrived at 9: 07AM VIL Staff Reports Gary McAlpin submitted the Executive Summary "Discuss and make a Recommendations to the Clam Bay Advisory Committee on installation of Navigational Markers /Information Markers for Clam Bay" dated March 6, 2009. The following related documents were also submitted for review and he provided comments as indicated: 1. Navigational Markers Information and Documentation. a. Letter from USACE dated March 2, 2009 directed to County to install Navigational Markers in Clam Bay. • The letter states "Installation of these markers is indeed a requirement of the Department of the Army permit. In addition, the markers must meet U.S. Coast Guard standards for signs. Is it requested you provide the Corps with a drawing showing the placement of these markers and a time frame when you expect the signs to be in place." It was noted any changes in the existing Management Plan would require review by the US Army Corps. b. February 27, 2009 email and pictures from Pamela Keyes addressing buoys. 2 161 1 Cylo March 6, 2009 • The photos are of buoys intended to be used in the marking of the interior channel. c. Collier County Ordinance 96 -16 Establishing Clam Bay for Motorized Vessel use at idle speed. • The Ordinance confirms the County allows the use of motorized vessels in Clam Bay. d. City of Naples letter dated February 24, 2009 expressing support for navigational marking of Clam Bay. e. Quit Claim Deed Ordinance 09 -66, Page 1841 -1862; Declaration of Restrictions Ordinance 0966, Page 1830 -1831; Department of Army, Permit Ordinance 0966 Page 1824 -1829 outlining county restrictions against navigational dredging • Page 1826 — Item c. States, "There is to be no dredging allowed by permit or otherwise in Outer, Inner, and Upper Clam Bay, its connecting waterways and /or adjacent wetlands, or Clam Pass (except to maintain the opening to waters of Gulf of Mexico. ' ) • Page 1847 - Item 6. Legislation states "Owner shall not apply for dredge or fill permits in Park Site or Conservation Area from any governmental bodies, regardless of any future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or State of Florida, without the prior written consent of Declarant, which consent may be withheld in the sole and absolute discretion of Declarant. " • This confirms the County may only dredge the Pass for the Maintenance associated with "tidal flushing." f. Proposed channel marker locations and signage. • A plan was submitted "Proposed Clam Bay Marker Plan" dated March 4, 2009, which provides the location of the proposed markers. • The markers would consist of a combination of posts and buoys. • A document providing an example of the signs to be placed at the mouth of the Pass and the end of the Pass near Seagate, which warns boater's local knowledge, is required to navigate the Pass. • It was noted the Florida Department of Environmental Protection requires 5 additional informational signs. Mr. Krumm moved to adopt the "Proposed Clam Bay Marker Plan" dated March 4, 2009 for Navigational Signage as submitted by Staff and related Environmental Signage as outlined by Staff. Second by Mr. Standridge. Discussion Mr. Rogers noted: ■ The poles are more aesthetically pleasing than buoys and recommend their use. 3 16 I 1 Cvo March 6, 2009 • Confirmed the marker at the mouth of the Pass will be out in the "Tidal Zone" • A pole with informational signage should be placed when you enter the Pass in the area where the swimmers and boaters usage of the area conflict. Gary McAlpin stated a pole could be placed in this location if it is approved by the required Agencies. An informational sign is currently located on the Beach to warn swimmers on the presence of boats in the area. • All Seagate homeowners that attended the Associations Annual meeting in February 2009 expressed support for marking the channel. • An additional marker should be placed in the middle of the Bay to prevent grounding of boats within the Bay. Discussion ensued on whether the proposed marker near the entrance of the Pass, where swimmers and boaters conflict, should be a pole or a buoy. Gary McAlpin recommended the marker be a pole with an informational sign. Sneakers Kathy Worley, Conservancy of Southwest Florida expressed concern if the first two markers at the entrance of the Bay from the Gulf of Mexico are not located properly, it will encourage boaters to traverse over the existing shoal creating environmental damage. This may lead to dredging of the shoal in the future. Linda Roth, Pelican Bay Resident expressed concern the "Proposed Clam Bay Marker Plan" is not in conformance with Provision "A" of the Clam Bay Management Plan. She noted the US Coast Guard states the signs are to keep boaters in the channel and prevent environmental damage to the area. The proposed markers do not meet this objective. She submitted other examples of US Coast Guard markers, which may be used in the area to more efficiently achieve the objective outlined. Sarah Wu, Seagate Resident supports the marking plan but expressed concern the buoys may be subject to vandalism by "anti boaters." A better alternative would be utilizing the poles. Ned Renfro, Seagate Resident supports marking of the channel, and recommended an additional pole in the area where swimmer /boaters come into conflict as previously discussed. Andy Safron, Seagate Resident noted the most important marker is the additional one discussed in the area of the swimmers. He recommended poles be utilized in all locations (as opposed to a combination of buoys and poles) due to weather related concerns as they are more permanent. Sue Black, Seagate Resident and boater notes the signage and is critical for boaters who do not have local knowledge of the Pass to reduce liability to the County. This will deter boaters who are not familiar with the Pass from entering it. 4 161 1Cj,b March 6, 2009 Meredeth Dee, Seagate Resident noted the original proposed plan was for 28 pole markers. The new plan is a substantial compromise by the Seagate Homeowners. Collier County Ordinance 96 -16 addresses the issue the Bay is navigable. She agrees with the additional 2 markers proposed, but prefers poles to the buoys. Marcia Cravens, President, Mangrove Action Committee provided photos, which showed the lower water level conditions existing in the Pass. The proposed signs do not meet the objective of warning the public to prevent environmental damage. The marking will mislead the public that this area is navigable and encourage them to enter the area creating negative impacts to the existing wildlife environment. Rick Dykman, Seagate Resident noted it is important to place an additional sign in the area where swimmers and boaters come into conflict. He notes marking the channel will aid in preventing environmental damage Jim Pelton supports marking the channel /Bay and noted almost every user of the Pass utilize the Pass at higher tides. Jeff Fridkn, Seagate Resident stated the area is navigable and the public safety needs to be protected by proper signage. Lori Langley, Seagate Resident noted the Seagate residents have been boating in this area since 1957. She prefers the use of poles as opposed to buoys. Mr. Krumm amended the motion to recommend the Clam Bay Advisory Committee move forward to mark the Pass with the proposal ( "Proposed Clam Bay Marker Plan" dated March 4, 2009 and additional Florida Department of Environmental Protection (FDEP) informational signs) with the addition of one buoy in the Bay and one informational sign on a pole in the area where swimmers and boaters come into conflict. In addition move forward to obtain permission from the FDEP, US Coast Guard, Fish and Wildlife Service (US) and to place the signs in the desired locations. Mr. Standridge amended his second Carried unanimously 3 -0. 2. Clam Pass Permit information and Documentation a. Clam Pass permit drawings dated February 27, 2009 b. Clam Pass Dredging JCP Application dated February 18, 2009. Gary McAlpin and Jeff Tabar of PBS &J provided an overview of a Permit Application for the dredging of Clam Pass for tidal flushing and emergency dredging (storm event) purposes. The Application is within the limits of the dredging template and associated cross sections previously permitted. The project is funded by Tourist Development Council revenue. It was noted Clam Bay Advisory Group Subcommittee #2 which deals with water quality and tidal flushing, etc. will be examining the issue and 5 16 1 ICb March 6, 2009 recommend any necessary options to be considered for future dredging to improve water quality. Mr. Krumm moved to recommend to the Main Committee the Permit Application be submitted for approval. Second by Mr. Rogers. Sneakers Marcia Cravens, President Mangrove Action Group addressed the Subcommittee and: • Requested clarification how the preparation of the Application was approved and funded. • Noted the project occurs in wetlands with potential negative impacts, which requires a public notice. • Noted the Application fails to recognize the work is within a wetland and Natural Resource Protection Area. • Noted the Application is for a sand source for beach re- nourishment and inconsistent with the Growth Management Plan (GMP), Land Development Code (LDC) and Quit Claim deed. • Noted Attachments are missing from the Application. • Stated PBS &J is not familiar with the GMP, LDC and other requirements. Kathy Worley, Conservancy of Southwest Florida requested clarification if a monitoring plan is in place for the northern end of the Bay to ensure the environmental benefits of the dredging can be accurately assessed. Gary McAlpin noted the hydrologic conditions of the water quality could be provided if requested. Linda Roth, Pelican Bay Resident expressed concern the Permit Application is actually for "sand mining" for beach re- nourishment, not for tidal flushing. Gary McAlpin noted any sand removed during the dredging process that is of "beach quality sand" would be utilized to re- nourish Clam Pass Beach. This activity provides a positive economic benefit to the County. Sue Black, Seagate Resident noted when dredging has occurred in the past, the water quality in the Seagate area has improved. Motion carried 3 -0. VIII. New Business 1. Resolution of Navigational Markers for Clam Bay Completed under item VI1. 1 2. Approval of JCP Permit Application for Dredging Clam Pass — PBSJ Completed under item V11.2 rol 161 March 6, 2009 IX. Old Business None X. Announcements None XI. Committee Member Discussion None XII. Next Meeting Date To be determined. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:50 AM. COLLIER COUNTY CLAM BAY PERMIT SUBCOMMITTEE Chairman, Tahlman rumm These Minutes were approved by the Board /Chairman on as presented' , or as amended 7 riaia Halas ---,� Henning Coyle Coletta 161 March 18, 2009 1 � RECEIVED AU6 13 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTS rd ofcQUn� CLAM BAY MANGROVE MAINTENANCE AND HABITAT SUBCOMMITTEE Naples, Florida, March 18, 2009 LET IT BE REMEMBERED, that the Clam Bay Mangrove Maintenance and Habitat Subcommittee in and for the County of Collier having conducted business herein, met on this date at 2:00 P.M. at the Coastal Zone Management Office at 3300 Santa Barbara Blvd., Naples, Florida with the following members present: Chairman: Kathy Worley James Carroll John Arceri ALSO PRESENT: Gary McAlpin — Director, Coastal Zone Management Gail Hambright — Accountant, Coastal Zone Management Pamela Keyes — Environmental Specialist Misc. Corres: 16I 1 E2,u March 18, 2009 I. Call to Order Mr. McAlpin, Coastal Zone Management Director, called the meeting to Order at 2:02 P.M. II. The Pledge of Allegiance was recited III. Roll Call A quorum was established. IV. Appointment of Subcommittee Chairman and Chairman Comments John Arceri moved to nominated Kathy Worley for Chairperson. Second by James Carroll. Motion carried unanimously 3 -0. Kathy Worley expressed concern and perceives a problem with all the different subcommittees and how the subcommittees intertwine. V. Changes and Approval of Agenda Add: IX. 1. Purpose — Subcommittee Makeup and Integrated John Arceri moved to approve the Agenda as amended. Second by James Carroll. Motion carried unanimously 3 -0. VI. Public Comments Ned Renfroe, a Naples native and Seagate resident for 8 years - expressed Seagate is very interested in the health of Clam Bay, the Estuary and the Mangroves. He wants to preserve boating rights and keep the Mangroves and Clam Bay beautiful. It is important to him personally, there are no efforts to proclaim the boating and the mangroves incompatible. He also commented on channel markers; protecting the seagrass and flushing is good for the Mangroves, and noted there is a decline in water cleanliness. Jim Burke - voiced concern on protecting boating rights. He stated boaters tend to be a little paranoid about the possibility of losing their rights but are interested in the health of Clam Bay, the Estuary and Mangroves. VII. Approval of Minutes — None VIII. Staff Reports - None IX. New Business 1. Purpose Subcommittee Makeup and Integrated Kathy Worley distributed "Links between Physical, Biological and Chemical Process" and "Clam Pass Mangrove Maintenance and Estuary Subcommittee. (See attached) 161 1 CzCl March 18, 2009 She noted the importance of knowing all the plans for the Estuary in order to develop a management plan for the health of the Estuary. She expressed her concern of not knowing what all the other subcommittees were planning to implement and making different decisions. Jim Areeri stated he didn't fully understand `'Mangrove Maintenance." In the early 1990's when there was a 50 -acre mangrove "die off' a lot of work was done to lowering this level to only l 1 -acres of mangrove "die off'. Two solutions used to raise the level were: • Adequate amounts of salt water flushing • Run -off Program He stated, at that time there wasn't any Mangrove "maintenance procedures." He also stated that he could not find any additional information on "Mangrove Maintenance" and he did not know how much the subcommittee could achieve. The Flushing and Water Quality Subcommittee has the most important role in maintaining the Mangroves. Gary McAlpin, Coastal Zone Management Director noted all the subcommittees intertwine and recommended establishing a set of tasks that need to be done and move forward to make recommendations for the Estuary i.e. • Fish • Water quality • Management for oysters & clams • Mangrove Flushing • Tasks and Timing • Management for mangroves • Habitat and wild life Discussion ensued on reviewing historical studies on what biological work has been done to date and what insights the documents reveal, and define what the habitat should look like and establish a goal. 2. Review of Past Successful Mangrove Maintenance Practices and Procedures Tim Hall, Turrell Hall & Associates stated his firm took over the management and implementation of the Management Plan in 1998. He gave a brief history of Clam Pass including the numerous times the Pass was closed, causes for the die off of 50 acres, permitting and dredging. He stated limited hand cut channels were made from 2001 through 2005 and added plantings. He also mentioned natural components out performed the man made islands and has had tremendous growth over the past 6 years. He broke maintenance into 3- steps. • Aerial Observations — Every year a 200 scale aerial photograph taken of the whole system in color and infrared. The infrared will show the stressed areas. • Twice a year flyover in a small plane and take photographs. 161 1 C2,6 March 18, 2009 • Visual Observations of the Mangroves — 8 hours of observation per month throughout the year. During the dry season get the Mangroves ready for the rainy season and storms. Tim Hall answered many questions about flushing, biological planning, monitoring and other problems not stemming from flushing. Jim Arceri stated the 10 -Year Master Plan talks about the need to be dynamic and is based on constant monitoring and to revise the plan if necessary. He stated the existing managing plan is doing a good job and recommended continuing with that type of a plan. 3. Recommendation of Policies and Procedures for Mangrove Maintenance Moving Forward for Inclusion in Estuary Management Plan Gary McAlpin recommended the subcommittee solicit a recommendation from Tim Hall on policies and procedures that build on successful practices for Mangrove Maintenance to be incorporated into the Master Plan. Tim Hall stated he was working on a similar plan for the Pelican Bay MSTU. A question was asked if the Pelican Bay MSTU is developing a master plan - how does it fit in with this subcommittee's plan. Gary McAlpin responded the Mangrove Subcommittee needs to have a document on Mangrove Maintenance to insure the continued health of the Mangroves by making recommendations for a productive plan. Speakers Marcia Cravens, Mangrove Action Group stated the subcommittee is missing the point of biological diversity. All the subcommittees are not working together. She talked about misconceptions on flushing. The optimal situation for Mangroves is shallow, slow moving waters and low wave energy. Jim Pelton, a Seagate resident since 1973, stated the neighborhood could not help notice the gradual degradation of the water quality and the foul odor along with the algae mass. They were wondering how much testing and tidal studies are being done in the South. Residents are concerned that there is a real problem and would like to know what the subcommittee's plans are. Kathy Worley responded water quality is a separate issue and a separate subcommittee. Tim Hall also responded that stations they monitor are positioned at the Canoe /Kayak Launch and at culverts at Naples Cay. The quality of the water, in terms of the nutrients, Nitrogen and Phosphorus levels have been good. John Arceri moved that the subcommittee request Turrell Hall & Associates document the Maintenance and Monitoring Program they are presently performing on the Mangroves that has been successful and provide it to the 4 161 1 Cip March 18, 2009 subcommittee for approval including the estimated annual cost of a Monitoring and Maintenance Program. Second by James Carroll. Motion carried unanimously 3 -0. 4. Clam Bay Habitat Discussion and Identification Approach Gary McAlpin suggested the subcommittee document: • what biological diversity is • what is in Clam Bay and • what they can expect in the system. The Staff recommended the subcommittee involve a consultant. Kathy Worley suggested: • Researching and creating a Management Plan • Also, historical studies to see what biological work has been done and what insights the historic documents will reveal • Identify external and anthropogenic drivers of the system • Develop performance measures • Overall goals Discussion ensued on the research required, the time frame, systems, and the value of a having a consultant provide documentation to the subcommittee for review as a starting point to work on the Master Plan, to be submitted to the BCC. Tim Hall stated the historical documentation for Pelican Bay, Clam Bay and Clam Pass could be done short term. Other similar systems, to see differences between them, will take longer. Gary McAlpin recommended using the combination of Turrell Hall & Associates to provide historical documentation, and PBS & J who are knowledgeable on other systems throughout Southwest Florida, to provide system documentation and make recommendations. Sneakers Marcia Cravens, Mangrove Action Group stated the work the subcommittee is talking about doing has already been done and is known as the Coastal Zone Management Plan. The Natural Resource Department has completed significant amount of research of what the subcommittee needs. Gary McAlpin responded the study was done a while ago and only covers a portion of the historical information and not systems information. He suggested for the next meeting they compile historical data from the Coastal Zone Management Plan to use as a basis, historical information from the Turrell Hall library and any information on "like systems" from PBS & J to establish a plan. John Arceri moved to request Turrell Hall & Associates and PBS & Jto work with the (subcommittee) chairperson to utilize existing information on O�z 161 1 March 18, 2009 historical data, report back to the subcommittee on what they believe, where they are now, where they can go in different steps, and what needs to be done to get there in various steps. Second by James Carroll. Motion carried unanimously 3 -0. 5. Habitat Plan Integrated with Water Quality Program - None 6. Next Steps /Proposals It was noted that subcommittees need to report tomorrow on who the chairpersons are and when assignments will be completed. The committee decided the assignments would not be completed by the original estimated date of July 15, 2009. X. Old Business - None XI. Public Comments Marcia Cravens, Mangrove Action Group asked if there was an existing contract with PBS & J. Gary McAlpin responded not on this project. PBS & J has the knowledge and expertise required by the committee. XII. Announcements - None XIII. Committee Member Discussion - None XIV. Next Meeting Date/Location The Clam Bay Mangrove Maintenance and Habitat Subcommittee will meet on April 15, 2009 at 2:00 pm. There being no further business for the good of the County, the meeting was adjourned at 4:20 PM. Clam Bay Mangrove Maintenance and Habitat Subcommittee Kathy Worle , C airman These Minutes were approv d by the Subcommittee on as presented or as amended 0 161 1 C July 8, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Fiala V Halas RECEIVED Henning � JUL 2 9 2009 Naples, Florida, July 8, 2009 Coyle Coletta ��- Board of County Commissioners /r 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 Building "F," 3" floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Waldron, Code Enforcement Sup . ksor Colleen Davidson, Administrative Secreta Dati ]. 161 1 July 8, 2009 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. 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: 9:15 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (B), "Motions for Continuance," the following case will be heard: • Agenda #2, Case #SO 158254 — CEEX 20090009315 — BCC vs. Albert Burger (b) Under Item V (A), "Stipulations, " the following case will be heard: • Agenda #8, Case #CEPM 20080012845 — BCC vs. Star Mobile Home Park LLC, c/o Ignacio Soto (c) Under Item V (B), "Hearings, " the following cases were DISMISSED by the County: • Agenda #5, Case #PRB 000193 — CEEX 20090009872 — BCC vs. Reiner Hervis • Agenda #6, Case #PRB 000192 — CEEX 20090009870 — BCC vs. Reiner Hervis Madruga (d) Under Item V (B), "Hearings," the following case was WITHDRAWN by the County: • Agenda #9, Case #CEPM 20080003764 — BCC vs. Lillian Freeman 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 — June 19, 2009 Corrections: Agenda #4, Case #097712 - CEEX 2009 - 0007756 — BCC vs. Robert Murphy, the Hearing was requested by the Respondent, not the Sheriffs Office. On Page 16, 6th paragraph, the sentence should read: The Special Magistrate 6 1 1 C� July 8, 2009 stated the bill for the litter ( #2 -CENA 20080007656) charged $405 to remove six cubic yards of litter plus a one -time charge for mowing which was included. On Page 16, bottom of page, add Case #CENA 20080007656 to that sentence. Regarding Agenda No. 1, 2, 4, 5, 6, 7 and 10, the Respondents were not present. The correct case number for Agenda #3 is CENA 2008 - 0013972. The Minutes of the Special Magistrate Hearing held on June 19, 2009 were reviewed by the Special Magistrate and approved as amender. IV. MOTIONS A. Motion for Reduction /Abatement of Fines - None B. Motion for Continuance: 2. Case #SO 158254 — CEEX 20090009315 — BCC vs. Albert Burger The Hearing was requested by the Respondent who was not present. Collier County Sheriff's Office Deputy W. Shattuck was present. Violations: Code of Law & Ord., Sec. 130 -67 Handicapped space, striped blue Violation address: Publix; 15265 Collier The Special Magistrate noted the Respondent's letter requesting a Continuance cited medical reasons and included a note from his physician. The Special Magistrate GRANTED the Respondent's Motion for a Continuance. C. Motion for Extension of Time - None V. PUBLIC HEARINGS A. Stipulations: 8. Case #CEPM 20080012845 — BCC vs. Star Mobile Home Park, LLC, c/o Ignacio Soto The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was represented by his daughter, Carmen Soto, in her capacity as Park Manager for Star Mobile Home Park, LLC. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22 -231, Subsections 2, 3, 4, 5, 7, 9, 11, 1213, 12C, 121, 12J, 12K, 12L, 120, 12P, 19, and 20 Vacant mobile home maintained in deplorable condition Ib I I G� July 8, 2009 Folio No: 00127640000 Violation address: 417 15`h Street N, #A -6, Immokalee A Stipulation was entered into by Carmen Soto, as Park Manager, on behalf of the Respondent, Star Mobile Home Park, LLC on July 8, 2009. Carmen Soto resides at 1507 Immokalee Drive, Immokalee, Florida 34142. Investigator Mucha stated the Operational Costs of $117.78 have been paid by the Respondent. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the mobile home, all required inspections and a Certificate of Completion on or before August 8, 2009, or a fine 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. The Investigator stated the Respondent had hired a Contractor and the Demolition Permit application is currently in "apply status." B. Hearings: 1. Case #SO 158253 — CEEX 20090009313 — BCC vs. Dawn Woodhouse The Hearing was requested by the Respondent who was present. Collier County Sheriff's Office Deputy Michelle Shattuck was also present. Violations: Code of Law & Ord., Sec. 130 -67 Handicapped space, striped blue Violation address: Publix; 15265 Collier The Respondent resides at 7945 Preserve Circle, #524, Naples, Florida 34119. The Respondent stated her motorcycle was parked in the access area which she did not know was considered part of handicapped parking. She stated she thought she should receive a legal warning. Corporal Michelle Shattuck stated the motorcycle was illegally parked in the handicapped access area and a Citation was issued. !6 1 July 8, 2009 The Special Magistrate viewed the Corporal's photographs taken at the site on May 16, 2009 (on camera). Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civil fine in the amount of $250.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before August 8, 2009. Total Amount Due: $305.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 6. Case #CEV 20080014936 — BCC vs. Ronald & Nanette Briia The County was represented by Collier County Code Enforcement Field Investigator Azure Sorrels. The Respondents were represented by their attorney, Fred W. Mundie, Jr. Violations: Collier County Land Development Code 2004 -41, as amended, Sec. 2.01.00(A) Unlicensed / inoperable boat trailer parked /stored on residential property. Folio No: 52344440002 Violation address: 91 Dolphin Circle, Naples Investigator Sorrels stated the violation had been abated. The County requested imposition of fines in the amount of $1,050 for the period from June 2, 2009 through June 22, 2009 (21 days @ $50 /day) for a total amount of $1,050. Attorney Mundie stated the violation was due to the tenant's property and eviction proceedings took longer than anticipated. He further stated there was a problem with the posting of the 5 -day Eviction Notice by the Collier County Sheriff's Office who delayed posting by one week until personal service was obtained. The owners could not take possession of the property until June 19, 2009. The violation was abated at that time but the Investigator did not inspect the property until June 22, 2009. The Respondents requested that the fines be waived. The Special Magistrate noted the Operational Costs of $117.61 had been paid. The Special Magistrate DENIED the County's Motion for Imposition of Fines and GRANTED the Respondents' Request for Dismissial of Fines. 1,161 Jull, 2009 V. PUBLIC HEARINGS B. Hearings: 3. Case #PR 040560 — CEEX 20090009491— BCC vs. Mirsad Doric The Hearing was requested by the Respondent who was represented by his son, Denis Doric. Collier County Park Ranger Barry Gorniak was also present. Violations: Code of Law & Ord., Sec. 130 -67 Handicapped space, no permit Violation address: Vanderbilt Beach access Denis Doric resides at 1508 Bay Road, Miami Beach, Florida 33139. The Special Magistrate noted the Respondent requested in writing that his son, Denis Doric, represent him. Denis Doric stated his father pulled the vehicle into the handicapped space in order to switch drivers. Park Ranger Gorniak introduced one photograph, marked as County's Exhibit "A," which was admitted into evidence. He referred to Section 130 -32 from the County's Ordinance, under definitions, which described "parking" as "the standing of a vehicle whether occupied of not. " The Special Magistrate noted the length of time the car remained at the handicapped parking space was not important — the location of the vehicle was the determining factor. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violations) and ordered to pay a civil fine in the amount of $250.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before August 8, 2009. Total Amount Due: $305.00 4. _Case #PR 000153 — CEEX 20090005249 — BCC vs Terri Lynn Heck The Hearing was requested by the Respondent who was present. Collier County Park Ranger Mauricio Araquistain was also present. Violations: Ord. 3.11.4, Section(s) 246- 28(B)(13) Damaged Gopher Tortoise burrow with vehicle Violation address: Barefoot Beach 161 1 C3 July 8, 2009 The Respondent resides at 1925 Clifford Street, #501, Ft. Myers, Florida 33901. The Respondent stated she was attempting to park on the shoulder side of the road at Barefoot Beach. The shoulder dipped to one side and into a ditch where a Gopher Tortoise burrow was located. She miscalculated the distance of the front wheels from the side of the shoulder and the car slipped into the ditch. The car had to be towed. Park Ranger Araquistain introduced several pages of photographs, marked County Exhibits "A" through "F" and admitted into evidence. He stated although the Gopher Tortoise was not harmed, he would still request assessment of a civil penalty of five hundred dollars. The Respondent stated it was a complete accident and requested a reduction of the fine. She stated it was the first time she had been to Barefoot Beach and was not familiar with parking restrictions. The Special Magistrate reduced the fine to $150 due to mitigating circumstances. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civilfine in the amount of $150.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before August 8, 2009. Total Amount Due: $205.00 The Special Magistrate stated if the Respondent volunteered for the Park Service, the fine will be reduced to $50. The Respondent is to notify Code Enforcement by July 15, 2009 of her decision. 11. Case #CEPM 20090002610—BCC vs. Donald J. & Constance Belan er The Hearing was requested by Collier County Code Enforcement Field Investigator Carol Sykora who was present. The Respondents were also present. Violations: Ordinance No. 2004 -58 A dangerous building caused by fire damage Folio No: 62100480005 Violation address: 5442 Carlton Street, Naples, 34113 The Respondents reside at 560 DeSoto Blvd. North, Naples, FL 34120. Investigator Sykora introduced six photographs which were marked as County's Exhibits "A" through "F," and admitted into evidence. On March 17, 2009, the County classified the structure as "dangerous." On April 7, 2009, the Investigator contacted the Respondents and explained the violation. 161 1 C3 July 8, 2009 The Respondents stated Habitat for Humanity offered to buy the property and demolish the building if it could be seprated into two lots. The lot was previously combined into one large lot, but the Zoning Department determined it cannot be re- divided into two single lots. The structure has been boarded. The Respondents stated they are unable to pay for demolition due to restricted finances. The Special Magistrate suggested the Respondents contact Commissioner Donna Fiala for assistance. The Special Magistrate CONTINUED the case to August 7, 2009. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CEV 20090003262 — BCC vs. Andrew, Halley E and Barbara Savage The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. Respondent, Andrew Savage, was present. Violations: Collier Co. Land Development Code 2004 -41, as amended, Sec(s).10.02.06(B) Repeat violation of recreational vehicle (boat) parked/stored in driveway of residential zoned property. Folio No: 49482000003 Violation address: 4002 Cindy Avenue, Naples Andrew Savage resides at 4002 Cindy Avenue, Naples, Florida 34112. He stated the property is owned solely by his father, Halley E., and himself. His mother quit her claim to the property and he has notified the Tax Collector's Office several times of the change in title. Investigator Keegan stated the violation has been abated. The County requested impostion of Operational Costs in the sum of $117.60 and fines in the amount of $500, for a total lien amount of $617.70. The Respondent stated he is not employed, unable to pay the fines, and his house is in foreclosure. Investigator Keegan stated the Special Magistrate had previously ruled if the Respondent donated the boat to a charity or sold the boat, the fines would be waived. The Respondent stated the boat is no longer in Collier County, but he still owns it. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $617.70. 16 1 1 c3 July 8, 2009 VII. OLD BUSINESS: A. Motion to Contest Order Imposing Nuisance Abatement Lien: 1. Case No: Owner: Officer: Violations: Folio No: Violation a CENA20080004434 Rick Levine Investigator Joe Mucha Weed overgrowth 66882520001 ddress: 342 8th Street, Immokalee The Owner resides at 853 Porter Street, Lehigh Acres, Florida Mr. Levine stated he owned a mobile home which was rented. He had been advised by the Collier County Sheriff s Office to avoid visiting the property due to an ongoing investigation and pending arrest. He stated he had removed vegetation from the property, but the County returned and removed more vegetation. Mr. Levine stated he was told to "clean it up" and he complied with the cited violations which he thought was sufficient. Brush, overgrown weeds and the mobile home were removed from the premises at a cost of approximately $4,000. He stated he called for an inspection but was never contacted by anyone from the County. The Special Magistrate reviewed the Notice sent to Mr. Levine. RECESS: 11:18 AM RECONVENED: 11:30 AM The Special Magistrate noted the County's Ordinance does not provide for an inspection. Investigator Mucha introduced one page of photographs taken by the County's Contractor, marked as County's Composite Exhibit "A," and six pages of photographs provided by the Collier County Sheriffs Office, marked as County's Composite Exhibit "B." Also introduced were photographs taken by Investigator Mucha, marked as County's Composite Exhibit "C." All Exhibits were admitted into evidence. The Investigator stated the Brazilian Pepper Tree was removed by the County's Contractor. Ken Parker, Environmental Mowing, stated it took two days to remove the Brazilian Pepper Tree as well as the remaining debris. Mr. Levine introduced two photographs, marked as Respondent's Exhibits "A" and "B," which were admitted into evidence. He questioned whether or not the next door 161 1 C3 July 8, 2009 neighbor should have been cited since the tree was on the property line. The Special Magistrate reduced the amount of the fine to $500 and assessed a $100 administrative fee and a $100 nuisiance abatement fee, for a total amount due of $700 to be paid on or before August 8, 2009. Total Amount Due: $700.00 V. PUBLIC HEARINGS B. Hearings: 7. Case #CEPM 20090000772 — BCC vs. Jill Weaver The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22 -231, Subsections I,% 12L, 12P, 19, and 20 Mobile home being used as rental property being maintained in substandard condition Folio No: 52700640006 Violation address: 3064 Van Buren Avenue, Naples The Notice of Hearing was sent via Certified Mail delivery on June 25, 2009. The property and the Courthouse were posted on June 25, 2009. Investigator Mucha stated the Bankruptcy Trusee for the property had also been served. The Investigator introduced sixteen pages of photographs, marked as County's Composite Exhibit "A" and admitted into evidence. The Special Magistrate also viewed a video taken by the Investigator attesting to the extreme roach infestation of the premises. The Investigator stated the roach problem no longer exists and the Bankruptcy Petition was dismissed by the Court. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either correct the minimum housing violations outlined in the Property Inspection Report dated February 20, 2009, or hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the mobile home, all required inspections and a Certificate of Completion on or before July 15, 2009, or a fine 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.14 on 10 161 1 C� July 8, 2009 or before August 8, 2009. The Respondent is 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: $118.14 10. Case #CEPM 20090002302 — BCC vs. Lortoni Cardenas The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ord., Chapter 22, Article VI, Section 22 -231, 12C and 12I Damaged soffit and broken window Folio No: 36111400000 Violation address: 5023 24th Avenue SW, Naples The Notice of Hearing was sent via Certified Mail Delivery on June 25, 2009, but was returned as "unable to forward." The Property and the Courthouse were posted on June 25, 2009. Investigator Paul introduced four photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to repair the cited property maintenance on or before July 15, 2009, or a fine 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.96 on or before August 8, 2009. The Respondent is 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: $117.96 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 161 1 C3 July 8, 2009 2. Case #CEPM 20090003069 — BCC vs. Bayshore Club LP Indiana LTD Partnership c/o Pinnacle Properties The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Code of Laws & Ord, Chapter 22, Article VI, Sec. 22 -243 Recurring violation of numerous vacant units with unsecured doors and windows creating a health and safety hazard Folio No: 61836480008 Violation address: 4580 Bayshore Drive, Naples The Notice of Hearing was sent via Certified Mail delivery on June 25, 2009 and proof of delivery on June 30, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on June 25, 2009. Investigator Keegan stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of $117.70 and fines in the amount of $120,400 for the period from June 11, 2009 through July 8, 2009 (43 units x $100 /day x 28 days) for a total amount of $120,517.70. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of $120,517.70 and noted fines will continue to accrue. 3. Case #CEAU 20090003065 — BCC vs. Bayshore Club LP Indiana LTD Partnership c/o Pinnacle Properties The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Florida Building Code, 2004 Edition, Chapter 1 Permits, Sec. 105.1 and Collier County Land Development Code 04 -41, as amended, Sec. 5.03.02(A) Chain link fence in need of removal or repair, large sections of fencing missing and destroyed Folio No: 61836480008 Violation Address: 4580 Bayshore Drive, Naples The Notice of Hearing was sent via Certified Mail delivery on June 25, 2009 and proof of delivery on June 30, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on June 25, 2009. Investigator Keegan stated the violations have not been abated. 12 161 4 C3 July 8, 2009 The County requested imposition of Operational Costs in the sum of $117.87 and fines in the amount of $1,300 for the period from June 13, 2009 through July 8, 2009 ($50 /day x 25 days) for a total amount of $1,417.87. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of $1,417.87 and noted fines will continue to accrue. 4. Case #CELU 20080015489 — BCC vs. Katherine Sheffield The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letoumeau on behalf of Field Investigator Ron Martindale. The Respondent was not present. Violations: Collier Co. Land Development Code 2004 -41, as amended, Section 2.02.03 Multiple pod type containers used for storage (permit expired 10 -5 -08) Folio No: 36814240004 Violation address: 660 29th Street SW, Naples The Notice of Hearing was sent via Certified Mail Delivery on June 25, 2009. The property and the Courthouse were posted on June 25, 2009. Supervisor Letourneau stated the violations have been abated. The County requested imposition of Operational Costs in the total amount of $117.70. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $117.70. 5. Case #CEAU 20080007181— BCC vs. Eleanor Buchanan The County was represented by Collier County Code Enforcement Investigative Supervisor Cristina Perez. The Respondent was not present. Violations: Florida Building Code Section 105.1 Expired fence permit. Chain link fence erected on property. Folio No: 1134801501 Violation Address: 238 Old Train Lane, Copeland The Notice of Hearing was sent via Certified Mail Delivery on June 25, 2009 and the return receipt was signed by the Respondent. Supervisor Perez stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of $117.61 and fines in the amount of $3,500 for the period from June 4, 2009 through July 8, 2009 ($100 /day x 35 days) for a total amount of $3,617.61. 13 161 1 'C 3 July 8, 2009 The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of $3,617.61 and noted fines will continue to accrue. VIII. CONSENT AGENDA: A. Request to Forward Cases to County Attorney's Office as referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases identified in the Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the four cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None X. NEXT HEARING DATE — July 24, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F, "3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:45 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING enda Garretson, pecial agistrate The Minutes were approved by the Special Magistrate on 3V °t as presented , or as amended —$CIa 14 Fiala _- 16 I Halas Henning. July 24, 2009 Coyle _ Coletta NUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE RECEIVED Naples, Florida, July 24, 2009 AUG 12 2009 Board of county c=ommissioners 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 Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Misc. ;:ones: ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor Michele McGonagle, Administrative Secretqf� ltetr¢ i�. 16i 1C,� July 24, 2009 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. 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: 9:12 AM RECONVENED: 9:40 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (D), "Motion for Rehearing," the following case was WITHDRAWN by the County: Agenda #1, Case #PU 3838 — CEEX 20090009050 — BCC vs. Santa Barbara Granada Villas, LLC (b) Under Item V (B), "Hearings, " the following case was DISMISSED by the Park Ranger: • Agenda #4, Case NPR 041321— CEEX 20090010526 — BCC vs. Joseph Wood (c) Under Item V (B), "Hearings, " the following cases were DISMISSED by the County: • Agenda #7, Case #CERR 20090001348 — BCC vs. Detlef Dziuba • Agenda #9, Case #CESD 20080003580 — BCC vs. Rene Blanco & Jacqueline Galiano (d) Under Item VI (A), "Motion for Imposition of Fines," the following cases were WITHDRAWN by the County: • Agenda #1, Case #2007050220 — BCC vs. Federal National Mortgage Association, c/o JP Morgan Chase Bank, National Assoc. • Agenda #5, Case #CEPM 20090002388 — BCC vs. Augustin & Marie O. Dalusma 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 — July 8, 2009 Corrections: 16 1 1 �3 July 24, 2009 Under Item C, "Approval of Agenda," in Case PRB 000192 - CEEX 20090009870 (Agenda #5), the correct name of the Respondent is RAFAEL Hervis Madruga. In Case CEPM 20090002610 - BCC vs. Donald J. & Constance Belanger, "Section 12" was omitted from the Ordinance when the Agenda was prepared. In Case CEAU 20090003065 - BCC vs. Bayshore Club LP Indiana LTD Partner- ship c/o Pinnacle Properties, the correct number of days for the fine is 26. The Minutes of the Special Magistrate Hearing held on June 19, 2009 were reviewed by the Special Magistrate and approved as amended IV. MOTIONS A. Motion for Reduction /Abatement of Fines - None B. Motion for Continuance - None C. Motion for Extension of Time - None D. Motion for Rehearing - None V. PUBLIC HEARINGS A. Stipulations: None B. Hearings: 6. Case #CO 02302 — CEVFH 20080010155 — BCC vs. Sanibel Taxi The Hearing was requested by the Respondent who was represented by Attorney Gerald Stern. Collier County Code Enforcement Field Investigator Michaelle Crowley was also present. Violations: Code of Law & Ord., Chapter 142, Sec(s). 142- 51(A), 142- 58(F)(3) Operated a motor vehicle as a vehicle for hire, making a passenger pickup in Collier County without first obtaining a PVAC- issued Certificate to Operate Violation address: 280 Vanderbilt Beach Rd., Ritz Carlton Resort Investigator Crowley stated the Citation had been written during 2008 but the Respondent has since received a Certificate to Operate. Attorney Stern acknowledged the violation and requested a reduction of fines to be imposed. His client was prepared to pay the County's costs. The Special Magistrate stated the fines will not be imposed. 161 July 24, 219 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before August 24, 2009. Total Amount Due: $55.00 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case #CENA 20080007121— BCC vs. Thomas L. & Jacqueline Wood, Jr. The County was represented by Collier County Code Enforcement Investigator Supervisor Cristina Perez. Respondent, Thomas L. Wood, was present and also represented his wife, Jacqueline Wood. Violations: Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 54 -179 & 54 -181 Litter consisting of, but not limited to, auto parts, tires, wood, buckets, metal, etc. Folio No: 01134801705 Violation address: 228 Brockington Dr., Copeland, 34137 The Respondents reside at 238 Turnstile Drive, Copeland, Florida. Supervisor Perez stated the violation had been abated and the Operational Costs of $117.42 had been paid. The County requested imposition of fines in the amount of $28,400 for the period from September 13, 2008 through July 23, 2009 (284 days @ $100 /day) for a total amount of $28,400. The Respondent stated he had been working out -of -town and misunderstood what was considered to be "litter." Supervisor Perez stated the Respondent was cooperative and removed the remaining litter as soon as she explained the situation to him. The Special Magistrate DENIED the County's Motion for Imposition of Fines and accrued fines were waived. V. PUBLIC HEARINGS B. Hearings: 16 I 1 July 24, 2009 2. Case #SOCO 02660 — CEEX 20090009075 — BCC vs. Jose E. Faiardo The Hearing was requested by the Respondent who was present. Collier County Sheriff's Office Corporal Blackwell was also present. Violations: Ordinance 2007 -51, Section B Local Business Tax Ordinance selling tapes /CDs and suitcases from back of truck Violation address: Fiesta Supermarket The Respondent resides at 2710 57th Street West, Lehigh Acres, Florida 33971. The Respondent stated he has been selling in other Counties without a problem and asked permission from the store manager before he began selling. Corporal Blackwell stated a complaint had been made by another store owner in the plaza. He further stated the Respondent produced a Business Tax Receipt for the east coast of Florida. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civil fine in the amount of $100.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before October 24, 2009. Total Amount Due: $155.00 1. Case #SO 164993 — CEEX 20090010662 — BCC vs. PV Holding Corporation The Hearing was requested by the Respondent who was not present. Collier County Sheriff's Office Deputy Lawrence Keller was present. Violations: Code of Law & Ord., Sec. 130 -66 Expired meter Violation address: Across from 100 Vanderbilt Beach Rd., Naples The Notice of Hearing was sent via Certified Mail delivery on July 13, 2009 and proof of delivery on July 16, 2009 was provided by the U.S. Postal Service. Deputy Keller stated he observed the car was parked by an expired meter during his patrol. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violations) and ordered to pay a civil fine in the amount of $30.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on C3 July 24, 2009 or before August 24, 2009. Total Amount Due: $85.00 3. Case #PU 4601 — CEEX 20090010522 — BCC vs. Antonio Truiillo The Hearing was requested by the Respondent who was not present. Collier County Code Public Utilities Enforcement Investigator Al Sanchez was present on behalf of Investigator Jeremy Florin. Violations: 2005 -54, Section 19(C)6 Trash container curbside more than 24 hours prior to collection day. Folio No: 36126920009 Violation address: 2001 Sunshine Blvd., Naples Supervisor Waldron stated the County was withdrawing the case due to an error in the mailing address. The County will re -send Notice and reset the Hearing. The Special Magistrate GRANTED the County's Request to Withdraw the case. 5. Case #PU 4528 — CEEX 20090011270 — BCC vs. Gilverto Gendeias The Hearing was requested by the Respondent who was not present. Collier County Code Public Utilities Enforcement Investigator Al Sanchez was present. Violations: Ordinance 2005 -44, Sections(s) 5, 6, and 7 Unlawful storage and dumping of litter, including food products, on private property Health, Safety, Welfare issue Folio No: 6389120000 Violation address: 325 New Market Road W The Notice of Hearing was sent via Certified Mail delivery on July 13, 2009 and proof of delivery on July 16, 2009 was provided by the U.S. Postal Service. Investigator Sanchez stated the Respondent leased the property to an individual who ran a grocery and did not pay for trash pick -up service. He introduced six photographs taken on June 17, 2009, which were marked as County's Composite Exhibit "A" and admitted into evidence. The violation was abated by the County. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civil fine in the amount of $500.00 and an administrative fee of $5.00. The Respondent was ordered to pay the Operational Costs incurred by Code 16; Z C3 July 24, 2009 Enforcement during the prosecution of this case in the amount of $50.00 on or before August 24, 2009. Total Amount Due: $555.00 8. Case #CEPM 20090004376 — BCC vs. Nicholas B. Ford & Sarah A. Boesel The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violations: Ordinance 2004 -58, Section 12 Structure with severe fire damage that has been declared a Dangerous Building by Deputy Building Official Folio No: 45850640002 Violation address: 980 16th Avenue SW The Notice of Hearing was posted at the property and the Courthouse on July 6, 2009. Investigator Mucha stated a Lis Pendens had been filed against the property which was in foreclosure. The Declaration of Dangerous Building was issued and he posted a copy at the property and the Courthouse on April 29, 2009. He introduced 15 photographs, taken on March 17, 2009, marked as County's Composite Exhibit "A" and admitted into evidence. Finding the Notice of Hearing was properly served, the Respondents were found GUILTYof the alleged violation(s) and ordered to hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the structure, all required inspections and a Certificate of Completion on or before August 24, 2009, or a fine 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. 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 Sheriffs Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.87 on or before August 24, 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: $117.87 C. Emergency Case: None VI. NEW BUSINESS 16 � July 24, 2009 A. Motion for Imposition of Fines: 3. Case #CEPM 20090001294 — BCC vs. Fernando Rosauette The County was represented by Collier County Code Enforcement Field Investigator Michelle Scavone. The Respondent was not present. Violations: Ordinance 2204 -58, Section 12 Dangerous building Folio No: 40570720003 Violation address: 2365 10th Avenue NE The Notice of Hearing was posted at the property and the Courthouse on July 6, 2009. Investigator Scavone stated the violation was abated by the County. The County requested imposition of Operational Costs in the sum of $117.87, fines in the amount of $16,250 for the period from April 8, 2009 through June 11, 2009 (65 days @ $250 /day), and abatement costs in the sum of $5,282.55, for a total amount of $21,650.42. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of $21,650.42. 4._ Case #CEV 20080012174 — BCC vs. Jeffrey Stolz The County was represented by Collier County Code Enforcement Field Investigator Michelle Scavone. The Respondent was not present. Violations: Collier County Land Development Code 2004 -41, as amended, Sec. 2.01.00(A) Unlicensed /inoperable vehicle parked /stored on Estates zoned property Folio No: 40934840008 Violation Address: 3311 81h Avenue SE, Naples, FL The Notice of Hearing was posted at the property and the Courthouse on July 6, 2009. Investigator Scavone stated the violations have not been abated. The County requested imposition of Operational Costs in the sum of $117.78 and fines in the amount of $3,900 for the period from May 8, 2009 through July 24, 2009 (78 days @ $50 /day) for a total amount of $4,017.78. The Special Magistrate GRANTED the County's Motion of Imposition of Fines in the total amount of $4,017.78 and noted fines will continue to accrue. 16 i 213 C� Y Jul 24 09 VII. OLD BUSINESS: None 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 cases identified in the Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the four cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None X. NEXT HEARING DATE — August 7, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F, "3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 10:45 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING C Crenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented , or as amended t� 16 1 1 C� August 7, 2009 M 11 S OF THE HEARING OF THE COLLIER COUNTY C_ SPECIAL MAGISTRATE Fiala AUGU 2 is 2009 H Henning Ot C,0WIN COMM"' on "S Coyle Naples, Florida, August 7, 2009 Coletta 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 Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jeff Wright, Assistant County Attorney Jennifer Waldron, Code Enforcement Supervis%,,, \ Michele McGonagle, Administrative Secretary Date: iterr r" 161 I e,,� August 7, 2009 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. 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: 9:17 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (B), "Motion for Continuance," the following case was heard: • Agenda #5, Case #CEPM 20090002610 — BCC vs. Donald J. & Constance Belanger (b) Under Item V (A), Stipulations were reached in the following cases: • Agenda #3, Case #PU 4529 — CEEX 20090011429 — BCC vs. Ramon & Nelson Cabrera • Agenda #7, Case #CEV 20090003488 — BCC vs. Myra E. Rol & Angel Madera, Sr. • Agenda #I1, Case #CEPM 20080016415 — BCC vs. Gabino Medina, Jr. (c) Under Item V (B), "Hearings," the following case was DISMISSED by the Park Ranger: • Agenda #4, Case #PR 040598 — CEEX 20090010896 — BCC vs. Elizabeth A. Buckingham (b) Under Item V (B), "Hearings, " the following cases were WITHDRAWN by the County: • Agenda #6, Case #CEPM 20090000749 — BCC vs. Herbert M. Kief • Agenda #10, Case #CEPM 20090002476 — BCC vs. Angel & Raquel Hernandez • Agenda #12, Case #CELU 20080015426 — BCC vs. Lucille Lahaie McGoon (c) Under Item VI (A), "Motion for Imposition of Fines," the following case was WITHDRAWN by the County: • Agenda #2, Case # 2006100419 — BCC vs. GARY L. HAUZE The Special Magistrate approved the Agenda as amended, subject to changes made 161 1 c� August 7, 2009 during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES — July 24, 2009 Corrections: • Agenda 45, Case #PU 4528, the correct number is CEEX 20090011270 and the proof *of delivery date is July 17, 2009 (not July 16th). • Under Item VI (A), "Motion for Imposition of Fines, " in Case #CEPM 20090001294 - BCC vs. Fernando Rosquette, the Ordinance is 2004 (not 2204), The Minutes of the Special Magistrate Hearing held on July 24, 2009 were reviewed by the Special Magistrate and approved as amended IV. MOTIONS A. Motion for Reduction /Abatement of Fines - None B. Motion for Continuance: 5. Case #CEPM 20090002610 — BCC vs. Donald J. & Constance Belanger The Hearing was requested by the Respondents who were present. Collier County Code Enforcement Field Investigator Carol Sykora was also present. Violations: Ordinance No. 2004 -58, Section 12 A dangerous building caused by fire damage Folio No: 62100480005 Violation address: 5442 Carlton Street, Naples The Respondents reside at 5560 DeSoto Blvd. North, Naples, FL 34120. The Special Magistrate clarified she had previously not given legal advice to the Respondents as stated in their letter requesting a Continuance, but had only suggested they contact Commissioner Fiala. The Respondents stated they had called the Commissioner's office but were only able to leave a message. Investigator Sykora stated the County did not object to the granting of a Continuance because the Board of County Commissioners is in recess. The Special Magistrate GRANTED the Respondent's Motion. C. Motion for Extension of Time - None 161 August 7 29 D. Motion for Rehearing: 1. Case #PU 3838 — CEEX 20090009050 — BCC vs. Santa Barbara Granada Villas, LLC The Hearing was requested by the Respondent who was represented by Attorney Jeffrey P. Shapiro. Collier County Public Utilities Enforcement Investigator Ray Addison was also present. Violations: Ord. 2005 -44, Section(s) 9 (4) Petressible waste on ground consisting of but not limited to used diapers, food, paint, motor oil not containerized in front of Building #201 Folio No: 00400200002 Violation address: 201 Santa Clara Drive, Naples Attorney Shapiro stated the Respondent was the original developer and owned 55 units which were turned over the Condominium Association in June, 2008, prior to the violation. "Metro Dade Investments, Co." became the subsequent developer and was approved by the State of Florida on July 21, 2008. Collier County's tax roll does not reflect correct ownership. Attorney Eric Glazer represents the Granda Lakes Villa Condominium Association. It is the position of the Condo Association that the violation occurred on land under the control of the Property Owners'Association. There is a civil lawsuit which was filed in Collier County Circuit Court on May 22, 2009 concerning the issue of turn- over and disputing there was a turnover and what was supposed to have been turned over and by whom. Attorney Glazer stated there is no such legal entity as Santa Barbara Granada Villas, LLC. The entity is correctly identified as Santa Barbara Garden Villas, LLC. He wanted to place the correct entity on the record. Assistant County Attorney Jeff Wright stated the entity was named improperly due to a scrivener's error which is not grounds for for a rehearing. He further stated the lawsuit amounted to a private dispute among the various entities involved, i.e, the Condo Association, the Property Owners' Association, and the Master Association. However, a Motion for an Amended Order could be submitted to correct the scrivener's error. Investigator Addison stated the Health, Safety and Welfare issues was abated, and a new Property Manager had been hired by the Property Owners Association to monitor the situation at the development to ensure there will be no future violations. He further stated the fines issued in April and May had not been paid. Attorney Shapiro stated the Property Owners Association provided receptables at the premises and asked for the Motion to be granted, but to hold the scheduling of the Re- hearing in abeyance pending the outcome of the civil litigation. 1 C"'� August 7, 2009 The Special Magistrate confirmed, officially and legally, there was no such entity as Santa Barabara Granada Villas, LLC, and a Rehearing was required in order to allow the proper entity to be recognized on the record. The Special Magistrate GRANTED the Respondent's Motion. The Special Magistrate stated a Motion for an Amended Order could be submitted, pending the outcome of the civil litigation. V. PUBLIC HEARINGS A. Stipulations: 7. Case #CEV 20090003488 — BCC vs. Myra E. Rol & Angel Madera, Sr. The Hearing was requested by Collier County Code Enforcement Field Investigator Renald Paul who was present. Respondent, Angel Madera, Sr., was present and also represented his wife, Myra E. Rol. Angel Madera, Jr., served as translator for his father. Violations: Collier County Land Development Code 2004 -41, as amended, Sec.(s) 2.01.00(A), 2.01.00(B)(3),4.05.03(A) Commercial vehicle parked in the driveway of residential, vehicles without license plates, and vehicles parked on the grass Folio No: 36321120002 Violation Address: 5431 281h Avenue SW, Naples A Stipulation was entered into by the Respondent, Angel Madera, Sr., on behalf of his wife, Myra E Rol, and himself on August 7, 2009. Investigator Paul stated the violations have been corrected. The Respondent stated the property had been rented and the tenants who caused the violations were evicted. Finding the Notice of Hearing was properly served and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation and ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.70 on or before September 7, 2009. Total Amount Due: $117.70 3. Case #PU 4529 — CEEX 20090011429 — BCC vs. Ramon & Nelson Cabrera The Hearing was requested by Collier County Public Utilities Enforcement Investigator Al Sanchez who was present. 161 August 7 109 Respondent, Ramon Cabrera, was present and also represented his brother, Nelson Cabrera. Violations: Ordinance 2005 -54 Section 19 (E)(2) Failure to enter into a contract with approved contractor for the collection of solid waste Violation address: 203 Main Street W., Immokalee A Stipulation was entered into by the Respondent, Ramon Cabrera, on behalf of his brother, Nelson Cabrera, and himself on August 7, 2009. Investigator Addison stated the Respondents agreed to pay the Civil Fine as well as the Operational Costs. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to pay a Civil Fine in the amount of $500 and an administrative fee in the amount of $5.00 on or before September 7, 2009. The Respondents were further ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before September 7, 2009. Total Amount Due: $555.00 11. Case #CEPM 20080016415 —BCC vs. Gabino Medina, Jr. The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was also present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22 -231, Subsections 9, 121, 12K, 12L, 12P, 13, and 19 Rental property that is being maintained in sub - standard condition, with numerous Minimum Housing Violations Folio No: 51040200000 Violation address: 1303 Immokalee Drive, Immokalee A Stipulation was entered into by the Respondent on August 7, 2009. Investigator Mucha stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either correct the Minimum Housing Violations outlined in the Property Inspection Report dated December 15, 2008, or hire a licensed General Contractor to obtain a Collier County Demolition Permit to demolish the premises, all required inspections, and a Certificate of Completion on or before November 7, 2009, or a fine of $250.00 per day will be 161 l C� August 7, 2009 imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.81 on or before September 7, 2009. The Respondent is 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: $117.81 B. Hearings: 1. Case #SO 162655 — CEEX 20090011113 — BCC vs. Jeffrey & Connie Lillard The Hearing was requested by the Respondents who were not present. Collier County Sheriff s Office Deputy D. Chrisitiansen was not present. Violations: Code of Law & Ord., Sec. 130 -67 Handicapped space Violation address: 10620 Noahs Circle, Naples Code Enforcement Supervisor Jen Waldron stated the case had been dismissed by the Deputy. VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. Case #CEPM 20080016074 — BCC vs. Isabel Mancha Estate c/o Irene & Rosa Mancha The County was represented by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha. The Respondents were present. Violations: Collier County Code of Laws & Ord.,Chap. 22, Article VI, Section 22 -231, Subsections 1 and 2 Single family residence being occupied without being connected to electricity or water. Folio No: 60181000008 Violation address: 218 5th Street N., Immokalee, FL 34142 Irene Mancha resides at 531 County Road #830, Felda, FL 33930. Rosa Mancha resides at 132 Milberry Drive, Summerville, South Carolina 29483. 161 1 C� August 7, 2009 Investigator Mucha stated the violation was abated and the Operational Costs of $117.78 were paid. The County requested imposition of fines in the total amount of $2,750 for the period from May 7, 2009 through June 30, 2009 (55 days @$50 /day). The Respondents stated the structure was demolished on June 23, 2009 and they were forced to borrowed money to pay the costs of $2,300 since Rosa is unemployed and Irene is working only part -time. They requested a reduction in the amount of the fines. The Special Magistrate ruled that, due to mitigating circumstances, fines will not be imposed. The Special Magitrate DENIED the County's Motion for Imposition of Fines. RECESS: 10.46 AM RECONVENED: 11:02 AM V. PUBLIC HEARINGS B. Hearings: 2. Case #PU 4601— CEEX 20090010522 — BCC vs. Antonio Truiillo The Hearing was requested by Collier County Public Utilities Enforcement Investigator Jeremy Florin who was present. The Respondent was not present Violations: 2005 -54 Section 19(0)6 Trash container curbside more than 24 hours prior to collection day. Folio No: 36126920009 Violation address: 2001 Sunshine Blvd., Naples The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. The Investigator stated this was the fourth citation issued to the property and requested Imposition of a Civil Fine of $500.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay a Civil Fine in the amount of $500.00 and an administrative fee in the amount of $5.00 on or before September 7, 2009. The Respondent was further ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before September 7, 2009. Total Amount Due: $555.00 l61 1 C� August 7, 2009 8. Case #CEPM 20090000375 — BCC vs. Primitivo Lara The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent had been present earlier but left before the case was heard. Violations: Ordinance No. 2004 -58, Section 12 Building sustained severe damage due to fire causing unsafe and dangerous conditions Folio No: 36452720009 Violation address: 5020 27th Place SW, Naples, FL 34116 The Notice of Hearing was posted at the property and the Courthouse on July 24, 2009. Investigator Paul introduced five photographs which were marked as County's Exhbits "B -1" through "B -5" and admitted into evidence. The building was declared to be "dangerous" on April 20, 2009, Investigator Paul reported the Respondent stated he could not afford to repair the building and it was in foreclosure. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to either hire a licensed General Contractor to restore the building to its original permitted state, all required inspection and a Certificate of Occupancy, or obtain a Collier County Demolition Permit to demolish the premises, all required inspections, and a Certificate of Completion on or before September 7, 2009 or, in either option, a fine 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.78 on or before September 7, 2009. The Respondent is 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: $117.78 9. Case #CEPM 20090008057 — BCC vs. Peralez Guadalupe The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondent was not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI 161 ic�, August 7, 2009 Property Maintenance Code, Section 22 -231, Subsections 12I, 12K, 12C, 19 Fascia damaged, roof tiles missing, broken door with no lock, bee infestation Folio No: 36315120005 Violation address: 5084 23rd Court SW, Naples The Notice of Hearing was posted at the property and the Courthouse on July 24, 2009. Investigator Paul introduced eight photographs which were marked as County's Composite Exhbit "A" and admitted into evidence. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violations) and ordered to either correct the Minimum Housing Violations outlined in the Property Maintenance Inspection Report on or before August 14, 2009, or a fane 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.40 on or before September 7, 2009. The Respondent is 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: $118.40 13. Case #CEPM 20090003534 — BCC vs. Robyn J. Voorhees The Hearing was requested by Collier County Code Enforcement Field Investigator Michelle Scavone who was present. The Respondent was not present. Violations: Ordinance No. 2004 -58, Section 12 Dangerous building on estates zoned property due to fire damage Folio No: 40685960004 Violation address: 3520 8th Avenue NE The Notice of Hearing was posted at property and the Courthouse on July 28, 2009. Investigator Scavone introduced seven photographs, taken on March 31, 2009, which 10 16 1 1 C� August 7, 2009 were marked as County's Composite Exhibit "A" and admitted into evidence. The Declaration of Dangerous Building was marked as County's Exhibit "B" and admitted into evidence. The property owner was unable to correct the violations due to lack of finances. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to hire a licensed General Contractor to obtain either a Collier County Building Permit to repair the violations noted on the Property Maintenance Inspection Report, or a Collier County Demolition Permit to demolish the structure, all required inspections, and a Certificate of Completion on or before September 7, 2009 or a fine 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. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the provisions of the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.14 on or before September 7, 2009. The Respondent is 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: $118.14 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #2007050876 — BCC vs. Tatiana E. Tannehill The County was represented by Collier County Code Enforcement Investigator Renald Paul. The Respondent was not present. Violations: Collier County Ordinance 2004 -41, as amended, Secs. 10.02.06(B)(1)(A), 10.02.06(B)(1)(E), and 10.02.06(B)(1)(E)(1)); Collier County Code of Laws and Ord. Sec. 22, Article II, Sec. 106.1.2; Florida Building Code 2004, Sec. 105.1 & 105.7 Unpermitted enclosure of screen lanai Folio No: 35740720000 Violation address: 2121 4 1St Terrace SW, Naples 161 C g � Au ust 7 29 The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Paul stated the violation has not been abated but the Operational Costs of $281.95 were paid. The County requested imposition of fines in the total amount of $61,400 for the period from December 3, 2007 through August 7, 2009 (614 days at $100 /day). The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $61,400 and noted fines continue to accrue. 4. Case #CESD 20090003060 — BCC vs. Jennifer DeFrancesco The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Code of Laws & Ord. Article X, Chapter 22, Buildings and Building Regulations, Section 22- 352(A) No address number posted on duplex Folio No: 67490680002 Violation address: 4302 Rose Avenue The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of $117.87 and fines in the amount of $4,600 for the period from May 8, 2009 through August 7, 2009 (92 days at $50 /day) for a total amount of $4,717.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $4,717.87 and noted fines continue to accrue. 5. Case #CEV 20090002773 — BCC vs. Jennifer DeFrancesco The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Land Development Code 2004 -41, as amended, Sec. 2.01.00(A) and 4.05.03(B) Unlicensed / inoperable vehicle parked in rear yard of residential zoned property. Folio No: 67490680002 Violation address: 4302 Rose Avenue 12 16 1 1 C-� August 7, 2009 The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of $118.22 and fines in the amount of $4,600 for the period from May 8, 2009 through August 7, 2009 (92 days at $50 /day) for a total amount of $4,718.22. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $4,718.22 and noted fines continue to accrue. 6. Case #CEV 20090003089 — BCC vs. Saint Louis Moise The County was represented by Collier County Code Enforcement Investigator Thomas Keegan. The Respondent was not present. Violations: Collier County Land Development Code 2004 -41, as amended, Sec. 2.01.00(A) Unlicensed / inoperable trailer Folio No: 67491080009 Violation Address: 4415 Thomasson Lane The Notice of Hearing was posted at the property and the Courthouse on July 27, 2009. Investigator Keegan noted the violation had been abated. The County requested imposition of Operational Costs in the sum of $118.87 and a Civil Fine in the amount of $150.00 for a total amount of $267.87. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $267.87. VII. OLD BUSINESS: None 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 three cases identified in the Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. 13 161 1 C3 August 7, 2009 B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the case cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien. IX. REPORTS: None X. NEXT HEARING DATE — August 21, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F, "3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:46 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING enda Garretson, ecial Magistrate, The Minutes were approved by the Special Magistrate on as presented , or as amended 14 16 1 1 C.� August 21, 2009 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Fiala RECEIVED Halas Henning _ SEP 1 12009 Coyle Naples, Florida, August 21, 2009 Boas of County Commissioners Coletta 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 Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson ALSO PRESENT: Jennifer Waldron, Code Enforcement Sum: Michele McGonagle, Administrative Secrry item 16 1 1 c-� August 21, 2009 L CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:06 AM. 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: 9:26 AM RECONVENED: 9:45 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 #4, Case #CESD 20090000359 — BCC vs. Felix & Guadalupe Alvarado • Agenda #5, Case #CEPM 20080013267 — BCC vs. Christopher Neal • Agenda #8, Case #CEV 20090008454 — BCC vs. Serafma Vargas, Conversion Vargas, & Tatiana Pereda (b) Under Item V (B), "Hearings," in Agenda #1, Case #PU 4654 - CEEX 20090013132 — BCC vs. Santa Barbara Grd Villas, LLC, the name of the Investigator is Jeremy Florin. (c) Under Item V (B), "Hearings, " the following case was WITHDRAWN by the County: • Agenda #9, Case #CESD 20090009794 — BCC vs. Victor A. Lopez & Dolores Morales de Lopez 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 — August 7, 2009 Correction: • Agenda #6, Case #CEV 20090003089 - BCC vs. Saint Louis Moise — the Operational Cost is $117.87 (not $118.87) The Minutes of the Special Magistrate Hearing held on August 7, 2009 were reviewed by the Special Magistrate and approved as amended. 16( lcl$ August 21, 2009 IV. MOTIONS A. Motion for Reduction /Abatement of Fines - None B. Motion for Continuance - None V. PUBLIC HEARINGS A. Stipulations: Agenda #4, Case #CESD 20090000359 — BCC vs. Felix & Guadalupe Alvarado, was initially called but the Special Magistrate determined the case would be heard later when the Court Interpreter arrived. (Agenda #8, Case #CEV 20090008454 — BCC vs. Seraftna Vargas, Conversion Vargas, & Tatiana Pereda, will also be heard when the Court Interpreter arrived.) 5. Case #CEPM 20080013267 — BCC vs. Christopher Neal The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was also present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance Code, Section 22 -231, Subsections 12B, 12C, and 12P Structure that has been damaged by fire, and no repairs have been made after several months. Folio No: 48680360009 Violation address: 3160 Collee Court, Naples The Respondent's mailing address is Post Office Box 1657, Bonita Springs, Florida. A Stipulation was entered into by the Respondent on August 21, 2009. Investigator Mucha stated the Respondent agreed he was in violation of the cited Ordinance. Finding the Notice of Nearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to hire a licensed General Contractor to obtain a Collier County Permit, all required inspections, and a Certificate of Completion for the demolition of the structure on or before October 21, 2009, or a fine 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. 161 C� i g Au ust 21 2069 If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriffs Office to enforce the terms of the Stipulation. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.05 on or before September 21, 2009. The Respondent is 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: $118.05 Supervisor Waldron announced Stipulations were also reached in the following cases: • Agenda #10, Case #CEV 20090003526 — BCC vs. Elmar Robert Aponte & Sylvia Lopez • Agenda # 11, Case #CEROW 20090003650 — BCC vs. Elmar Robert Aponte & Sylvia Lopez • Agenda #12, Case #CESD 20090007728 — BCC vs. Elmar Robert Aponte & Sylvia Lopez 10. Case #CEV 20090003526 — BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica.Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Land Development Code 2004 -41, as amended, Section 4.05.03(A) Vehicles parked in a non - designated parking area Folio No: 36430480002 Violation address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent, Elmar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to remove the vehicles from the rear yard and park them on a stabilized pervious or imperviously treated surface 161 1 � August 21, 2009 and park only on the space designated for automobile parking, or store the vehicles in a completely enclosed structure, or remove the vehicles from the premises on or before August 25, 2009 or a fine of $50.00 per day will be imposed for each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the provisions of the Stipulation. The Respondent is ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.80 on or before September 21, 2009. The Respondent is 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: $117.80 11. Case #CEROW 20090003650 — BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica. Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division I, Section 110.31(A) Right of Way was altered with no permits Folio No: 36430480002 Violation Address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent, Elmar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTYof the alleged violation(s) and ordered to obtain permits for the alteration of the Right -of -Way or for the removal of the unpermitted improvement to the Right -of -Way, all required inspections, and a Certificate of Completion on or before October 21, 2009, or a fine of $200.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order 16 1 1 c5 August 21, 2009 of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.78 on or before September 21, 2009. The Respondent is 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: $117.78 12. Case #CESD 20090007728 — BCC vs. Elmar Robert Aponte & Sylvia Lopez The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Elmar Robert Aponte, was also present. Jessica.Aguirre, Respondent's daughter, was present and represented her mother, Sylvia Lopez. Violations: Collier County Land Development Code 2004 -41, as amended, Section 10.02.06(B)(1)(A) Shed on property with no permits Folio No: 36430480002 Violation address: 2921 53rd Street SW, Naples Elmar Robert Aponte and Sylvia Lopez are divorced. Ms. Lopez does not reside at the property. A Stipulation was entered into by the Respondent, Elmar Robert Aponte, on August 21, 2009. Investigator Paul stated the Respondent agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to obtain a permitfor the addition to the residence, all required inspections, and a Certificate of Completion, or to completely remove the shed from the premises on or before September 21, 2009, or a fine of $100.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Office to enforce the terms of the Stipulation. 16 1 1 &� August 21, 2009 The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.78 on or before September 21, 2009. The Respondent is 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: $117.78 B. Hearings: 1. Case # PU 4654 — CEEX 20090013132 — BCC vs. Santa Barbara Grd Villas, LLC The Hearing was requested by Collier County Public Utilities Enforcement Investigator Ray Addison who was present. The Respondent was represented by Attorney Jeffrey P. Shapiro. Violations: Ord. 2005 -44, Section(s) 9 (4) Petressible waste on ground consisting of but not limited to used diapers, food waste, and paint not containerized in front of Building 201 Folio No: 00400200002 Violation address: 201 Santa Clara Drive, Naples Attorney Shapiro stated he submitted a Motion for a Continuance to Code Enforce- ment by email. He corrected Paragraph Two of the email and confirmed that the Notice of Violation had been posted at the property by Code Enforcement, but the Notice was mailed to the Property Manager. The Property Manager hired an onsite representative who is not English- speaking and did not call the Miami office when the Notice was posted. He requested the Continuance because all of his witnesses were not available to appear at the Hearing. He further stated the Health, Safety and Welfare issue has been corrected and the receptacles will be maintained on a daily basis. The Condominium Association has been requested to alert the residents of the legal requirement to place trash into the receptacles and not throw it at the base of the containers which is a misdemeanor. Attorney Shapiro noted while the Santa Barbara Garden Villas, LLC received the Notice, the Santa Barbara Landing Property Owners' Association has been responsible for the maintenance of the dumpsters. The Property Owners' Association hired the Property Manager. Investigator Florin stated the County would not oppose the granting of a Continuance. The Special Magistrate GRANTED the Respondent's Motion for a Continuance but required the Respondent to submit a Status Report if the Re- Hearing cannot occur. 16 1 IC� August 21, 2009 Supervisor Waldron verified that Attorney Shapiro will waive formal notice of the Hearing which will be scheduled for September 18, 2009 at 11:00 AM and a Court Interpreter will be provided. 2. Case #PR 043052 — CEEX 20090012522 — BCC vs. Paul Rodinsky The Hearing was requested by the Respondent who was present. Collier County Park Ranger Cynthia Gaynor was not present. Violations: Code of Law & Ord., Sec. 130 -66 No over -night parking Violation address: Clam Pass The Respondent resides at 11231 Trinity Place, Naples, Florida 34114. The Special Magistrate noted the Park Ranger was not available due to a medical emergency. The Respondent stated the ticket had been issued at 9:10 AM when Clam Pass was open. He did not understand why the Park Ranger thought his vehicle had been parked overnight in the parking lot. He entered the lot when the Park opened at 8:00 AM and had not parked his van overnight. The Special Magistrate ruled the case was CONTINUED to allow the Park Ranger to contact the Respondent and Code Enforcement prior to rescheduling a Hearing. If a new Hearing is scheduled, notice will be sent. VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. Case #CENA 20080008113 — BCC vs. Felipe & Isabel C. Ramirez The County was represented by Code Enforcement Investigators Joe Giannone and Maria Rodriguez. The Respondents were not present but were represented by Manuel Carrillo. Violations: Code of Laws & Ord., Chapter 54, Article VI, Sec(s). 54 -179 & 54 -181 Litter consisting of, but not limited to, tires, buckets, building material, blocks, weeds, plastic, pipes, metal, general litter, etc. Folio No: 00071120003 Violation address: 3503 Westclox St., Immokalee 34142 Mr. Carrillo stated he has served as an interpreter for the Respondent and they had contacted him for assistance. He confirmed he could supply proof that he had written permission to represent the Respondents who are migrant workers and are out of state 16 1 1 �-� August 21, 2009 from June through November. He further stated he paid the Operational Costs on their behalf. The case was initiated in 2008 and the property owners had been in contact with Investigator Giannone. He stated the violations were abated in December, 2008, The County requested Imposition of Fines in the amount of $9,000 for the period from September 13, 2008 through December 11, 2008 (90 days @ $100 /day) for a total amount of $9,000. Mr. Carrillo stated the Respondents' mail is picked up by a friend and held for them, but is not sent to the Respondents since they are constantly moving. Investigator Giannone stated he had met with Mr. Ramirez in the Code Enforcement office on May 27, 2008, prior to leaving the area. An interpreter was present at the meeting. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $9,000.00. The Special Magistrate stated the Respondents are entitled to file a Motion for Re- Hearing within ten days after receiving the Order. Mr. Carrillo stated he will contact the Respondents. RECESS: 11:00 AM RECONVENED: 11:20 AM V. PUBLIC HEARINGS B. Hearings: 7. Case #CEV 20090008539 — BCC vs. Lociana Dorilus, Lyta Iste, & Ifaussa Dorilus The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. Respondent, Lyta Iste, was present and represented Lociana Dorilus and Ifaussa Dorilus. A Court Interpreter was also present. Violations: Collier County Land Development Code 2004 -41, as amended, Section 4.05.03(A) Several cars parked on the grass Folio No: 36317160005 Violation address: 5300 Coronado Pkwy, Naples 16 1 L5 August 21, 2009 Ms. Iste resides at 5300 Coronado Parkway, Naples, Florida. The Respondent is related to the other Respondents. Mrs. Lociana Dorilus resides in Haiti and Mr. Ifaussa Dorilus was at work. She has permission to represent them. Investigator Paul introduced two photographs which were marked as County's Composite Exhibit "A" and admitted into evidence. He stated the violation has not been abated and is a continuing problem. The property and the Courthouse were posted on August 10, 2009. The Respondent stated the property is a duplex. Her brother's friends park anywhere when they visit him. She stated she has no control over the situation. The Special Magistrate ruled the case will be CONTINUED. The Special Magistrate requested the Respondent inform Mr. Dorilus of the new Hearing and that he will be required to attend. Notice will be sent to the parties. The Special Magistrate stressed the seriousness of the situation and informed the Respondent there were several consequences, including the sale of the property, that could happen if the violation was not abated. The Respondent asked if she should also attend the next Hearing and the Special Magistrate stated it would be in her best interest to be present. A. Stipulations: The Special Magistrate noted the Court Interpreters were present for the following cases: 8. Case #CEV 20090008454 — BCC vs. Serafina Vargas, Conversion Vargas, & Tatiana Pereda The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents, Tatiana Pereda and Conversion Vargas, were present and also represented Serafina Vargas. The Court Interpreter was also present. Violations: Collier County Land Development Code 2004 -41, as amended, Section 2.01.00(A) Vehicle on property with expired plates Folio No: 36322240004 Violation address: 5417 27th Place SW, Naples Tatiana Pereda and Conversion Vargas reside at 5417 27th Place SW, Naples, Florida. Serafina Vargas is Mr. Vargas' sister. She was unable to attend the Hearing because she is recovering from surgery. 161 1�3 August 21, 2009 A Stipulation was entered into by the Respondents, Tatiana Pereda and Conversion Vargas, on behalf of Serafina Vargas and themselves on August 21, 2009. Investigator Paul stated the violation was abated and the Operational Costs were paid. Finding the Notice of Hearing was properly served and finding the violation did exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation. The Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.70 were paid. 4. Case #CESD 20090000359 — BCC vs. Felix & Guadalupe Alvarado The Hearing was requested by Collier County Code Enforcement Investigator Maria Rodriguez who was present. Respondent, Felix Alvarado, was present and represented his wife, Guadalupe Alvarado. The Court Interpreter was also present. Violations: Collier County Land Development Code 2004 -41, as amended, Section 10.02.06(B)(1)(E) An open carport erected without first obtaining a building permit Folio No: 30730800003 Violation Address: 1308 Plum Street, Immokalee The Respondents reside at 1308 South Plum Street, Immokalee, Florida. A Stipulation was entered into by Respondents, Felix Alvarado, on behalf of Guadalupe Alvardo, his wife, and himself on August 21, 2009. Investigator Rodriguez stated the Respondents agreed to the terms of the Stipulation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to obtain either a Collier County Building Permit or a Collier County Demolition Permit, all required inspections, and a Certificate of Completion /Occupancy, on or before December 21, 2009, or a fine of $100.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. 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 $117.52 on or before September 21, 2009. 161 1 C5 August 21, 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: $117.52 VI. NEW BUSINESS A. Motion for Imposition of Fines: 4. Case IWELU 20090001878 — BCC vs. Reynold & Anne Jean -Louis The County was represented by Code Enforcement Investigator Carmelo Gomez. Respondent, Anne Jean- Louis, was present and also represented her husband, Reynold Jean - Louis. Miguel Jean - Louis, the Respondent's son, was also present. The Court Interpreter was also present. Violations: Collier County Land Development Code 2004 -41, as amended, Section(s) 2.02.03 Storage of materials on lawn, driveway and backyard Folio No: 35983720003 Violation address: 4735 25th Avenue SW Respondent, Anne Jean- Louis, resides at 4535 25th Avenue SW, Naples, Florida 34116 (per Interpreter). The Respondent is separated from her husband, Reynold Jean - Louis, resides in Haiti. Investigator Gomez stated the violation had been abated and the Operational Costs of $117.52 have been paid. The County requested Imposition of Fines in the sum of $3,200 for the period from June 20, 2009 through July 21, 2009 (32 days @ $100 /day) for a total amount of $3,200.00. Miguel Jean -Louis stated he resides at 4735 25th Avenue SW, Naples, Florida. He further stated most of the materials had been removed within 28 days but there was a heavy deli refrigerator case which required assistance to move. The Special Magistrate GRANTED the County's Motion for Imposition of Fines but, due to mitigating circumstances, reduced the total amount of the fine to $100.00. 12 161 1 Cq� August 21, 2009 V. PUBLIC HEARINGS B. Hearings 3. Case #CELU 20080015426 — BCC vs. Lucille Lahaie McGoon The Hearing was requested by Collier County Code Enforcement Investigator Jim Seabasty and Investigative Supervisor Cristina Perez who were present. The Respondent was not present. Violations: Collier County Land Development Code 2004 -41, as amended, Sec.(s) 1.04.01(A) and 2.02.03 Travel trailer connected to utilities, unlicensed pickup truck, inoperable commercial vehicle on vacant /unimproved parcel Folio No: 01131681106 Violation address: 258 Lake Gloria Road, Copeland, FL The Notice of Violation was posted on October 23, 2008. The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. Investigator Seabasty personally served the Notice of Hearing to the Respondent's son, Patrick Galloway, at the premises on August 11, 2009. Supervisor Perez introduced two photographs, dated December 12, 2008, which were marked as County's Composite Exhibit "A" and admitted into evidence. She stated she spoke with Mr. Galloway on October 27, 2008 who stated the Respondent was deceased. She explained the violations to him and the requirements to come into compliance. The commercial vehicle was removed from the premises in May, 2009. The pick -up truck and the travel trailer remained on the premises. The case was transferred to Investigator Seabasty in May, 2009. He introduced photographs, taken on July 16, 2009 and August 20, 2009, which were marked as County Exhibits "B" and "C" and admitted into evidence. The travel trailer has not been removed. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to remove all stored vehicles from the premises on or before August 26, 2009, or a fine of $50.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid -out and assess the costs to the Respondent. If necessary, assistance may be requested from the Collier County Sheriff's Off Ice to enforce the terms of the Order. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.87 on or before September 21, 2009. The Respondent is to notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm 13 161 1 C-� August 21, 2009 compliance. Total Amount Due: $117.87 6. Case #CEPM 20090001588 — BCC vs. Joseph B. and Jacqueline A. Okuniewicz The Hearing was requested by Collier County Code Enforcement Investigator Reggie Smith who was present. The Respondents were not present. Violations: Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance Code, Section 22 -231, Subsection 12C Damaged roof, which allows rain or dampness in the wall or interior portion of the building Folio No: 53001640005 Violation Address: 2' )24 Kings Lake Blvd, Naples The Notice of Hearing was sent via Certified Mail on August 11, 2009 and proof of delivery on August 14, 2009 was provided by the U.S. Postal Service. The property and Courthouse were posted on August 10, 2009. Investigator Smith introduced several photographs which were marked as County's Composite Exhibit "A," "B" and "C" and admitted into evidence. The Investigator noted there is a serious mold problem at the premises. He stated a Lis Pendens had been filed against the property on February 7, 2008, and the property is in foreclosure. He further stated the Bank involved in the foreclosure proceeding has been notified of the violation. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to hire a licensed Contractor to obtain the required Collier County permits to repair /replace the roof or to demolish the structure, all inspections and a Certificate of Completion on or before September 21, 2009, or a fine 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. 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 Sheriffs Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.52 on or before September 21, 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. 14 161 1C 3 August 21, 2009 Total Amount Due: $117.52 C. Emergency Case: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. Case #CESD 20080014169 — BCC vs. George Faucher The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondent was not present. Violations: Collier Co. Land Development Code 2004 -41, as amended, Sec(s).10.02.06(B)(1)(A), 10.02.06(B)(1)(E) & 10.02.06(B)(1)(E)(I) Permit #2000070419 for a pool enclosure was issued on July 6, 2000 and expired on January 2, 2001 without obtaining a Certificate of Completion. Folio No: 27631680005 Violation address: 311 Conners Avenue The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. Investigator Musse stated the violation has not been abated. The County requested imposition of Operational Costs in the sum of $117.70 and fines in the amount of $3,200 for the period from January 21, 2009 to August 21, 2009 (32 days @ $100 /day), for a total amount of $3,317.70. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $3,317.70 and noted the fines will continue to accrue. 3. Case #CEPM 20080014195 — BCC vs. Ester M. & Jorge L. Torres The County was represented by Code Enforcement Investigator Jonathan Musse. The Respondents were not present. Violations: Collier County Code of Laws and Ord., Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22- 26(103.11.2) Pool without a permitted pool enclosure or barrier Folio No: 75460400000 Violation address: 1340 Center Lane The Notice of Hearing was posted at the property and the Courthouse on August 10, 2009. 15 161 1 C� August 21, 2009 Investigator Musse stated the violation has not been abated, but the Operational Costs of 117.61 have been paid. The County requested Imposition of Fines in the amount of $7,400 for the period from April 7, 2009 through June 19, 2009 (74 days @ $100 /day), for a total amount of $7,400.00. The Investigator noted the fines were stayed for an additional 63 days from June 19, 2009 through August 21, 2009. The Special Magistrate GRANTED the County's Motion for Imposition of Fines in the total amount of $7,400.00 and noted the fines will continue to accrue, but the stayed fines were waived. VII. OLD BUSINESS: A. Motion to Contest Order Imposing Nuisance Abatement Lien: None B. Motion to Amend Previously Issued Order: 1. Case #CEPM 20080007331 — BCC vs. Dian & June Edwards The County was represented by Property Maintenance Specialist Joe Mucha. The Respondents were not present. Violations: Collier Co. Code of Laws & Ord, Chap. 22, Article VI, Secs. 22 -231, Sub(s). 1 -5, 9, 12I, 12K, 12N, 12P, 12R, 19A, 19C & 20 Vacant rental property with several Minimum Housing Violations Folio No: 35981560003 Violation Address: 4654 24th PL SW, Naples, FL 34116 The Notice of Hearing was sent via Certified Mail on August 11, 2009 and proof of delivery on August 13, 2009 was provided by the U.S. Postal Service. The property and the Courthouse were posted on August 10, 2009. Michele McGonagle stated the initial Hearing was held on August 15, 2008 and the violation was to have been abated by August 22, 2008. The violations were not abated. The case was again heard on October 3, 2008 for Imposition of Fines but was continued until December 3, 2008. Fines were stayed for a period of 60 days, to be reinstated if the violations were not abated. The Order stated the fines were to be retroactive to October 3, 2008, not to the original compliance date of August 22, 2008. The County requested to amend the October 2, 2008 Order to reflect that fines will be imposed from the initial compliance date of August 22, 2008 through August 21, 2009, and the fines will continue to accrue. 16 16 1 1. 3 August 21, 2009 The Special Magistrate GRANTED the County's Motion to Amend the Previously Issued Order. Property Maintenance Specialist Joe Mucha stated Dian Edwards had been present earlier but left before the case was heard. The property was in foreclosure. 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 two cases identified in the Executive Summary and GRANTED the County's request to forward the referenced cases to the County Attorney's Office. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases referenced in the submitted Executive Summary. The Special Magistrate reviewed the cases cited in the Executive Summary and GRANTED the County's request to impose a Nuisance Abatement Lien, IX. REPORTS: None X. NEXT HEARING DATE — September 4, 2009 at 9:00 AM, located at the Collier County Government Center, Administrative Building "F, " 3rd Floor, 3301 E. Tamiami Trail, Naples, Florida. The Special Magistrate noted the County's Intersection Safety Program Hearings will commence in September, 2009. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:51 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING (114== � C14W� \,. enda Garretson, Special Magistrate, The Minutes were approved by the SpecJ'�1 Magistrate on 5-4%4 'r' Al , ')M as presented , or as amended t%