Backup Documents 05/26/2009 Item #16I
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 26, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Airport Authority:
Minutes of March 9, 2009.
2) Animal Services Advisory Board:
Minutes of March 17,2009.
3) Bayshore Beautification MSTU Advisory Committee:
Minutes of March 11,2009.
4) Collier County Code Enforcement Board:
Minutes of January 22, 2009; February 26, 2009; February 26, 2009
workshop; March 26, 2009.
5) County Government Productivity Committee:
Agenda of January 21,2009; February 18,2009; March 18,2009.
Minutes of January 21,2009; February 18,2009; March 18,2009.
a) Subcommittee to review Invoices from the Clerk:
Minutes of January 30, 2009; February 18,2009; March 18,2009.
b) Budget Guidance Subcommittee:
Minutes of February 11,2009.
c) Minutes of Administration Subcommittee:
Minutes of April 1, 2009.
6) Golden Gate Community Center Advisory Committee:
Agenda of March 2,2009; March 30, 2009.
Minutes of February 2, 2009; March 2,2009; March 30,2009 Budget
Workshop.
7) Historical! Archaeological Preservation Board:
Minutes of February 18,2009; March 25,2009.
8) Immokalee Enterprise Zone Development Agency:
Agenda of March 18,2009.
Minutes of March 18, 2009.
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9) Immokalee Local Redevelopment Advisory Board:
Agenda of March 18, 2009.
Minutes of March 18,2009.
10) Immokalee Master Plan and Visioning Committee:
Agenda of March 18, 2009 joint w/CRA.
Minutes of March 18, 2009 joint w/CRA.
11) Isles of Capri Fire Control District Advisory Committee:
Minutes of March 5, 2009.
12) Land Acquisition Advisory Committee:
Minutes of March 9, 2009.
13) Library Advisory Board:
Agenda of April 15, 2009.
Minutes of March 18,2009.
14) Parks and Recreation Advisory Board:
Minutes of March 18, 2009.
15) Pelican Bay Services Division Board:
Minutes of March 23, 2009 - Management Review Committee.
16) Radio Road Beautification Advisory Committee:
Agenda of February 17,2009; March 17,2009.
Minutes of February 17,2009.
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MINUTES OF REGULAR MONDAY, MARCH 9, 2009 MEETING
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MEMBERS Byron Meade Michael Klein Steve Price Frank Secrest
;: 1 PRESENT: Lloyd Byerhof Jim Murray
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'-\... ~.- " S'FAFF: Theresa Cook Debbie Brueggeman Colleen Greene
PUBLIC: Mark Minor Carol Ogilvie Mike Clemente Steve Fletcher
'\ Bill Garrett Jessie
I. MEETING CALLED TO ORDER
Meeting called to order at 1 :05 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
Under Agenda Item IX. Old Business, in Resolution No. 09-19 "contingent on 80%
funding from the FDOT, and the BCC's approval to fund the 20% match in the amount of
$14,053." was replaced with "contingent on grant funding from the FDOT and the BCC's
approval to fund the match in the amount of$15,000."
The following was added under Agenda Item X. New Business:
E. Resolution No. 09-27 approving and authorizing the Authority's Executive Director to
request advance funding required to complete the Everglades Airpark T -hangar
construction project from the Collier County Board of County Commissioners.
Mr. Murray then made a motion to approve the agenda, as amended. Mr. Klein seconded,
and the Agenda, as amended, was approved by a 6-0 vote.
IV. AWARDS AND PRESENTATION
No awards were presented at the March 2009 meeting.
V. APPROVAL OF FEBRUARY 9, 2009 MINUTES
Mr. Klein made a motion to approve the February 9, 2009 minutes. Mr. Murray seconded,
and the February 9, 2009 minutes were approved by a 6-0 vote.
VI. FINANCE REPORT - QUARTER ENDED JANUARY 31, 2009
Ms. Cook informed the Authority that a ramp fee has been instituted at t~Island
Executive Airport, and has entered into a marketing agreement with Island Hoppers and
Marco Aviation for radio advertising. The Airport Authority has been a_ tv u;duce thIS
year's budget by $48,000 and next year's by an additional ten percent fO~tBnfttal oftwent -
five percent. No action required. . Dio, tot ~ {!j ~J: \
CCAA Minutes March 9, 2009
Page 2
VII. WORK ORDER/AGREEMENTS STATUS REPORT
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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:
Immokalee Regional Airport. The Site Development Plan for the USDA Manufacturing
facility will be submitted in March 2009. Construction of the aircraft apron expansion is
scheduled to begin next week. Negotiations with Collier Enterprises are underway for the
acquisition of the 103 acres required for the near-term extension of the Runway, and a
purchase contract is being prepared.
Marco Island Executive Airport. The apron expansion construction and parking lot
relocation is in permitting. Taxiway design is approximately ninety percent complete.
The Authority is working with its consultants and legal counsel to resolve mitigation
issues with the Florida Department of Environmental Protection. Mr. Price made a motion
to approve the Executive Director asking the BCC to request an Administrative Hearing,
pursuant to Chapter 120, with the Florida Department of Environmental Protection should
it become necessary. Mr. Klein seconded the motion.
Everglades Airpark. Purchasing is in the process of qualifying the bids for the construction
of the T -hangar building.
IX. OLD BUSINESS
Mr. Price made a motion to approve Resolution No. 09-19 recommending awarding bid
number 08-5162 "Purchase of a Compact Track Loader" to the lowest qualified,
responsive bidder meeting specifications, W.E. Johnson Equipment d.b.a. Bobcat of
Naples, and authorizing the Authority's Executive Director to execute a contract in the
amount of $70,261.29 with W.E. Johnson Equipment d.b.a. Bobcat of Naples, contingent
on grant funding from the FDOT and the BCC's approval to fund the match in the amount
of$15,000.
X. NEW BUSINESS
A. Mr. Byerhof made a motion to approve Resolution No. 09-24 approving and
authorizing the Authority's Executive Director to execute Change Order #2 to Contract
#07-4120 with Native Technologies, Inc. to deduct $42,583 from the contract for the
Marco Island Executive Airport Phase I mitigation at Rookery Bay, decreasing the total
amount of the contract from $463,831.40 to $421,248.40. Mr. Murray seconded, and
Resolution No. 09-24 was approved unanimously.
B. Mr. Klein made a motion to approve Resolution No. 09-25 approving and authorizing
the Authority's Executive Director to execute Change Order #1 to Passarella &
Associates, Inc. Work Order #4500103994 (CCAA Tracking #PAS-FT-4168-09-02) in
the amount of $17,500 for ecological reporting and inspection services for Phase I and
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CCAA Minutes March 9, 2009
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Phase II mitigation at Rookery Bay required for the Marco Island Executive Airport
taxiway, increasing the total amount of the Work Order from $66,680 to $84,180. Mr.
Price seconded, and Resolution No. 09-25 was approved unanimously.
C. Mr. Byerhofmade a motion to approve Resolution No. 09-26 approving and
authorizing the Authority's Executive Director to execute Change Order #1 to
Passarella & Associates, Inc. Work Order #4500103623 (CCAA Tracking #PAS-FT-
4168-09-01) in the net amount of $2,700 for off-site mitigation requirements at
Rookery Bay for the Marco Island Executive Airport taxiway, increasing the total
amount of the Work Order from $4,100 to $6,800. Mr. Klein seconded, and Resolution
No. 09-26 was approved unanimously.
D. The recommendation of the Bid Award for the construction of the T-Hanger building at
Everglades Airpark was continued to the April 2009 meeting.
E. Mr. Klein made a motion to approve Resolution No. 09-27 approving and authorizing
the Authority's Executive Director to request advance funding required to complete the
Everglades Airpark T -hangar construction project from the Collier County Board of
County Commissioners. Mr. Price seconded, and Resolution No. 09-27 was approved
unanimously.
XI. ADJOURNMENT
Before adjourning, the Authority discussed tenant insurance and air worthiness certificate
requirements for leasing a hangar, was reminded that the annual BCC Workshop is on
Friday, March 27,2009 at 9:00 in the BCC Board Room.
The meeting was then adjourned "without objection."
COLLIER COUNTY AIRPO,BT-AUTHORITY
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Y.-\AdministrationlAA BoardIMinutes\03-09-09 minutes.docx
RECEIVED
MAY 0 1 2009
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Board of County CommisSioners
MINUTES OF THE MEETING OF COLLIER OUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, March 17, 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
Sergeant David Estes
Dr. Ruth Eisele
Tom Kepp, Jr.
Sabina Musci
Jim Rich (excused)
ALSO PRESENT: Amanda Townsend, Director, DAS
Nan Gerhardt, Shelter Operations Mgr.
Kathlene Drew, Volunteer Coordinator, DAS
Hailey Alonso, Administrative Assistant, DAS
Misc. Corres:
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March 17, 2009
I. Call to Order
Michele Antonia called the meeting to order at 6:30 PM.
II. Attendance- Establish a Quorum
Attendance was taken and a quorum established.
III. Approval of Agenda
Sabina Musci moved to approve the agenda. Second by Dr. Ruth Eisele.
Carried unanimously, 6-0.
IV. Approval of Minutes of February 17,2009
Dr. Ruth Eisele moved to approve the minutes of February 17, 2009, as
presented. Second by Sabina Musci. Carried unanimously, 6-0.
V. Old Business
A. Directors Report
Amanda Townsend announced the painting ofthe lobby, cat rooms, hallway and
Community Resource Room will begin shortly.
She reported on:
o The success of spay day, held on February 24, with 139 surgeries
performed.
o Recognition of the participation of local veterinarians with a Proclamation
before the BCC.
o Recognition to them for 2 weeks on the Marquee.
o A '"thank you" to the Veterinarians mentioned on Happy Tails.
o Anticipating even more will participate next year.
o Low cost Spay and Neuter Clinic has received another grant
o A decommissioned DAS animal transport vehicle will be donated to the
clinic.
Kathy Drew reported on the successful Poker Run held on March 15th to benefit
the Donation Trust Fund.
o There were 110 riders participated; some riders came back after the
weekend to adopt a pet.
o Approximately 250 attendees.
o The event raised $2,500.
o DAS realized the benefit through both personnel and fmancial sponsorship
from local business; little output needed from DAS.
Amanda Townsend informed the Advisory Board about
o The American Humane Customer Service National Training, a 2-day
event that all of the staff (31) will attend on March 24 at DAS, including a
shelter tour. With restricted travel budgets, hosting the event at DAS will
reduce costs and keeps DAS '"on the Map".
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d-arch 17, ~09
o V olunteer recognition month will be celebrated on March 28th at noon
with lunch; and on April 14th with a Proclamation at the BCC.
o The Community Resource room will house a library. Donations of books
on animal-related topics will be accepted. It will:
o Be open to the public
o Provide owners with educational resources to overcome behavioral
Issues
o Provide opportunity for education at the intake desk
o Provide proper pet selection assistance.
B. Departmental Statistics and Reports (February 2009)
Amanda Townsend reviewed the statistical reports with the DASAB. Comments
and discussion of several of the items followed regarding the lower intake figures.
Cited were
o Seasonality
o Reduction in population due to foreclosures and abandoned homes
o Increased efforts in education on responsible pet ownership
o Increased opportunities for adoptions
o Increased efforts by the various rescue and volunteer groups
o Surrender fees
o Honesty regarding euthanasia and alternatives
o Census reports on reduced population
Comments made were:
1. Census Reports may not be right up to date
2. Per capita not always an accurate measure
3. County population shrinking -405 houses abandoned
4. Dramatic increase in Volunteer participation
VI. New Business
Continued from last meeting was a brief discussion on mandatory spay & neuter
and the compilation of information by breeder and rescue groups on breeder
regulation.
Ann Dee Yurick (handout) provided a guideline of what constitutes a responsible
breeder, limitations and proposals for holding a Breeder's Permit.
DAS members and staff will review these items and the topic will be put on the
April agenda for discussion. Any comments relating to this issue will be e-mailed
to Hailey Alonso at DAS 10 days before the meetingfor inclusion on the agenda.
VII. Public Comment
Dani Pepin spoke on comments made by some Advisory Board members that
mandatory spay & neuter should be a private decision. She agreed in principle,
but stated the reality was that not every pet owner was responsible, resulting in
the huge pet abandonment. Ifpets are not kept on their own property, owners
need to accept the consequences. Legislation was needed to balance rights and
responsibility. She asked DASAB to consider both sides before making the
decision on mandatory spay and neuter legislation.
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March 17, 2009
Stephan Wright passed out material on "Why changing the Mission Statement is
a Good Idea", which gave samples of change. He spoke on the following:
· Various agendas of the different DAS Directors and Managers
· Law Enforcement, Pet Sheltering and Adoptions - the three main functions
ofDAS.
· Current statement too broad and general, without means to gauge the
successes of what has been done.
· Mission statement is only a guideline and can be adapted to choose
priorities.
· Proposed a revised Mission Statement
· Pet Adoptions should be part of the Mission Statement, as that is what
DAS does
Discussion followed.
Change to the Mission Statement discussion will be put on the agenda for the next
meeting
Gisela Rowley, volunteer at DAS, promoted only a small change in the Mission
Statement to include pet adoptions.
She read from distributed a letter written to Chairman Antonia regarding the change.
The letter will be included in the agenda packet for discussion at the next meeting.
She then recited the story of an incidence in which a woman eventually adopted a
stray dog found at her condo. Because of the assistance and caring of Ms Rowley
and DAS staff and volunteers who socialized and cared for him, the grateful
woman not only provided a home in Naples and in Germany for the dog, but also
donated a $100 check to DAS for the Donation Trust Fund.
Nan Gerhardt provided the background story on the adopted dog.
VIII. Advisory Board Member Comments
Tom Kepp, Jr. commented on the progress being made and stressed tightening
enforcement of the Ordinance.
Dr. Ruth Eisele and Sabina Musci expressed appreciation for the information
provided by the Breeder Group and on the Mission Statement for the Board to
consider.
Marcia Breithaupt commented the letter written by Gisela Rowley was very
nicely worded and looked forward to discussing it next month.
Staff was requested staff to provide copies of the agenda at least 5 business days
prior to the next meeting.
Next Advisory Board Meeting is scheduled for April 21, 2009 at the Domestic
Animal Training Room, Davis Blvd., Naples, Florida
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There being no further business for the good of the County, the meeting was
adjourned by the order ofthe Chair at 7:40 PM.
COLLIER COUNTY DOMESTIC ANIMAL SERVICES
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Chhirman Michele Antonia
These minutes approved by Board/Committee on Lf--J/- () 7' as presented V or
as amended
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5ayshore 5eautitication M.5.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
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March 11,2009
Minutes
I. Call to Order
The meeting was called to order by Bill Neal at 4:04 P.M.
II. Attendance
Members: Bill Neal, Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor
Brittain, Dwight Oakley, Victoria Nicklos
County: Tessie Sillery - Operations Coordinator, Caroline Soto - Budget
Analyst, Michelle Arnold - Director A TM, Pam Lulich - Manager Landscape
Operations
Others: Darlene Lafferty - Mancan, Aaron Gross - Ground Zero
III. Approval of Agenda
Add: VIIl B. Discussion on CRA & County transition of Administration Function
Thomas Finn moved to approve the agenda as amended. Second by Maurice
Gutierrez. Motion carried unanimously 7-0.
IV. Approval of Minutes - February 11,2009
Thomas Finn moved to approve the minutes of February 11, 2009 as submitted.
Second by Maurice Gutierrez. Motion carried unanimously 7-0.
V. Landscape Maintenance Report - Ground Zero Aaron Gross reported:
)) Holly Tree(s) removal - Complete
)) Prune Bougainvillea, Ixora, and 1 Ficus - Complete
)) Mulching on sidewalk side areas - Complete
)) Repair damaged Main Line and Lateral Lines (irrigation) - Complete
)) Repair of hardware on 3 Flags - Complete
Bill Neal reported that the request was approved by the BCC for the CRA to
perform the Administrative Functions for the MSTU. He stated that efforts were
being made to bring about an orderly transition prior to the April 8, 2009 meeting.
It was questioned and concluded that the transfer of Administrative Functions to
the CRA was not a cost savings for the MSTU and was equal to monies paid to
County Staff.
David Jackson reported an issue concerning monies ($40,000. unty
Fund 101 for ROW Median Maintenance. Date: D0 ;)..(0 0
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Bill Neal conveyed that previously the County maintained the Bayshore area
Medians with a County Annual Budget of$40,000.00 per year. Subsequently the
MSTU was formed and an Agreement was made (with the County) for the MSTU
to maintain the Bayshore Medians and receive the $40,000.00 per year to avoid
"duplicate" Taxation on Residents. He perceived that the County was obligated
to honor the agreement although the Administrative Functions were transferred to
the CRA. He requested a recommendation from the Committee.
It was questioned and determined that the Annual $40,000.00 was for General
Maintenance and Medians.
Bill Neal recited the Aril 9, 1999Agreement Document (with the County.) (See
attached)
Pam Lulich noted that Road and Bridge provided Sidewalk Maintenance to the
Bayshore area.
Victor Brittain declared if the MSTU was nonexistent the County was required
to maintain the ROWand Medians.
Conrad Willkomm moved to recommend the continuation of (receiving) the
$40,000.00 per year. Second by Victoria Nicklos.
The motion was amended to include "to continue paying the historical level of
Transportation Maintenance Funding." Motion carried unanimously 7-0.
VI. Transportation Services Report
A. Budget Report Caroline Soto distributed and reviewed. (See attached)
· Ad Valorem Tax $211,673.03 (Uncollected)
· Available Improvements General $2,430,930.00
B. Project Manager's Report - Pam Lulich distributed and reviewed the
following: (See attached)
{> Bayshore Bridge Poles
i. Start date - March 16, 2009
ii. 17 single arm poles - Delivered
iii. 4 Double arm poles ~ Pending delivery
iv. Completion - 7 days
v. Storage of existing Poles was required - Suggestions from the
Committee was requested
{> Custom Brick Pavers
i. Project was to reset pavers
ii. Proper MOT signage was required from the Contractor
{> Lykins Poles / Banners
i. Original P.O was for 3 Stop Signs and Street Signs
a. Replaced 2 Stop Signs - Windstar entrance
b. Replaced 2 Street sign - Windstar entrance
c. 1 Stop Sign - Outstanding for Moorhead Manor
d. Tessie Sillery reviewed Lykins Signtek Quote for 1 additional
Stop Sign at Moorhead Manor in the amount of$895.00 (See
attached)
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Maurice Gutierrez moved to approve for the additional Stop Sign (in the
amount of $895.00) to complete the ambiance. Second by Thomas Finn.
Motion carried unanimously 7-0.
1. Quotes were reviewed to refinish/replace Street Light Poles (See
attached)
a. Signcraft - $10,010.00
b. Lykins Signtek - $18,050.00
Discussions developed and Warranty information was requested for
the Paint finish.
{>- Donation - American Farms
i. Donation letter was reviewed
ii. Kalanchoe - 300
iii. Katie's Crown - 1,002
iv. Value - $3,9]0.50
Discussions ensued and it was suggested to utilize the plants on Side
Street.
Maurice Gutierrez moved to accept the Donation (from American
Farms.) Second by Victoria Nicklos. Motion carried unanimously 7-0.
{>- Naples Botanical Garden
i. Reviewed Banner selection by the Botanical Gardens (See attached)
ii. Botanical Garden agreed to install Banners along Bayshore
iii. Recommended to consult with the Botanical Garden Landscape
Architect for Bayshore
Victoria Nicklos moved to approve to consult with the Botanical Garden
Landscape Architect.
Without a second the motion will not be considered.
{>- All Seasons/Banners - Seasonal Banners were reviewed.
i. Material - Canvas, Vinyl, and Sumbrella
ii. Prices - $42 - $] 43.50 per Banner
Discussions ensued and it was suggested to use Canvas during the winter
months and Sumbrella during the spring and summer months due to harsh
elements and fading. It was agreed to coordinate with the Botanical
Garden for the Banners.
Bill Neal requested the CRA confer with the Botanical Garden.
c. Update South Bayshore Project - Bill Neal suggested future installation of
lighting on South Bayshore. He suggested collaborating with the Botanical
Garden to enhance the corner of Thomasson and Bayshore
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. / TRANSCRIPT OF THE MEETING OF THE
(/if ~ODE ENFORCEMENT BOARD REC
Naples, Florida EIVED
(Ji!?iA" January 22, 2009 ""',,:~" 3 0 2009
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oners
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 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
Kenneth Kelly
Edward Larsen
Richard Kraenbring
Lionel L'Esperance
George Ponte
Robert Kaufman
James Lavinski
ALSO PRESENT:
Jean Rawson, Attorney for the Code Enforcement Board
Diane Flagg, Code Enforcement Director
Jen Waldron, Code Enforcement Specialist
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January 2L, Luu9
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board meeting to order.
I'd like to call the meeting to order. January 22nd, 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 Roberts 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.
And if you would introduce the new member, please.
MS. WALDRON: Sure. We've got--
MS. FLAGG: Mr. James Lavinski has joined the Code
Enforcement Board.
MR. LEFEBVRE: Congratulations.
MR. LA VINSKI: Thank you.
MR. KAUFMAN: Welcome.
MR. LARSEN: Welcome.
CHAIRMAN LEFEBVRE: And on that, we have one member
that this is his last meeting. George Ponte decided to retire from the
board after roughly 12 years being on the board.
(Applause.)
CHAIRMAN LEFEBVRE: Now can I have roll call.
MS. WALDRON: Goodmoming.
Mr. Ed Larsen?
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January 22, 2009
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MR. LARSEN: Present.
MS. WALDRON: Mr. George Ponte?
MR. PONTE: Here.
MS. WALDRON: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. WALDRON: Mr. Ken Kelly?
MR. KELLY: Here.
MS. WALDRON: Mr. Larry Dean?
MR. DEAN: Here.
MS. WALDRON: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. WALDRON: Mr. Richard Kraenbring?
MR. KRAENBRING: Here.
MS. WALDRON: Mr. Robert Kaufman?
MR. KAUFMAN: Here.
MS. WALDRON: And Mr. James Lavinski?
MR. LA VINSKI: Here.
CHAIRMAN LEFEBVRE: Okay. Before we approve the
agenda, we're going to have some changes. So if you can go through
the changes slowly, please, so --
MS. WALDRON: Sure.
CHAIRMAN LEFEBVRE: -- the board members can make their
changes.
MS. WALDRON: Sure. Under number four, public
hearings/motions, we will be moving Item No. 5.A.2, BCC versus
John Claude Martel, Case No. 2007080353 for imposition of fines.
MR. L'ESPERANCE: I'm sorry, that's being moved to where?
MS. WALDRON: It's being moved right in front of motions,
number four. The first item.
Under 4.A, motions, we have two motions for continuance. The
first motion will be Milano Recreation Association, Inc., Case
CESD200800 1 0230.
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January 22, 2009
And the second motion for continuance will be Item C.2 under
hearings, BCC versus Brian and Dara Gorman, Case No.
CESD20080008567.
MR. KRAENBRING: That will be moved to motion for
extension of time?
MS. WALDRON: Motion for continuance.
MR. KRAENBRING: Continuance, okay, thank you.
MS. WALDRON: And we also have an addition to the agenda,
which is a motion to amend the order. This is BCC versus Empire
Developers Group, Case No. CESD20080007919.
CHAIRMAN LEFEBVRE: And is that it for the changes?
MS. WALDRON: And we also have two stipulations.
CHAIRMAN LEFEBVRE: Okay. You stuck those in on me.
MS. WALDRON: I did. I just got them.
CHAIRMAN LEFEBVRE: Okay, go ahead.
MS. WALDRON: The first stipulation will be Item C.6, BCC
versus Kenneth J. Blocker, Sr. and Kenneth J. Blocker, Jr. Case
CESD20070000587.
And the second stipulation will be Item C.3, BCC versus Katia
Sanchez. Case CESD20080007967.
CHAIRMAN LEFEBVRE: And is that it for the changes?
MS. WALDRON: I hope so.
CHAIRMAN LEFEBVRE: We should have just started anew.
Do I hear a motion?
MR. KRAENBRING: Make a motion to approve the changes in
the agenda.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: And may I have a vote.
All those in favor?
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January ~~009
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Approval of minutes from January 20th, 2008. Do I hear a
motion?
MR. DEAN: I'll make a motion to approve the minutes,
November 20th, 2008.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
We're going to start off with public hearing/motions/imposition
of fines. And it will be Claude Martel.
(Speakers were duly sworn.)
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January 22, 200lJ
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MS. WALDRON: This is in reference to Code Enforcement
Board Case No. 2007080353.
F or the record, the respondent is present.
On January 24th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order. And that order is attached
for your review.
The respondent was found in violation, and the respondent has
not complied with the board's orders from January 24th, 2008.
At this time, the county is recommending imposing a lien for the
fine at a rate of $200 per day for the period between May 24th, 2008
to January 22nd, 2009, for a total of244 days in the amount of
$48,800.
Operational costs of 265 .34 have not been paid.
The total requested lien amount is $49,065.34.
CHAIRMAN LEFEBVRE: When's the last time you've been out
there to look at the property?
MR. KEEGAN: I'm out there pretty much every other day.
CHAIRMAN LEFEBVRE: Every other day, okay.
And has any progress been made?
MR. KEEGAN: None at all.
CHAIRMAN LEFEBVRE: Mr. Martel?
MR. MARTEL: Yeah, I've did demolition. And I only got two
over here where I did my homestead, 3190, and 3176. And I'm
demolishing 3152. And I have five (phonetic) property cleared off
over there.
MR. KEEGAN: He's talking about properties that have been
demoed by the county by orders of the special magistrate. He's talking
about other cases, other properties.
3190, which is the case we have imposition of fines today,
nothing -- as I said, nothing has been done, no attempt has been made.
CHAIRMAN LEFEBVRE: And there's been no permits or
anything pulled on this property?
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January 22, 2009
MR. KEEGAN: No, sir.
MR. L'ESPERANCE: Mr. Martel, could you speak more
directly into the microphone, please? Maybe pull the microphone
toward you closer.
MR. MARTEL: I looked for -- what do you call that anyway?
The building is already built over there for 35 or 40 years ago.
CHAIRMAN LEFEBVRE: Well, that's not what we're
questioning today . We're just asking you if any work's been done. If it
hasn't, which according to the testimony of the investigator it has not
been done, we don't have much choice but to impose the fines.
MR. MARTEL: Well, I ain't got no money, I'll tell you that right
now. I ain't got no income.
And the county, they steal my property, two of my property.
And I'm fed up with this bullshit. You know what I'm talking about? I
got up to here, man --
CHAIRMAN LEFEBVRE: All right, sir.
I'm going to close the public hearing at this point.
Any questions of the board?
(No response.)
MR. KRAENBRING: Is this a homesteaded property?
MR. KEEGAN: Yes, sir.
I'm sorry.
MR. LARSEN: What is the unpermitted development?
MR. KEEGAN: It's village residential, the property.
And what was permitted was a single-wide mobile home.
Another unpermitted mobile home was attached. Cement structure in
the rear, a wooden structure on the side, and another wooden structure
on the other side of the property was all built without permits,
inspections, everything.
And what it is, if I may, if I could get into it, there is some new
members of the board. No?
CHAIRMAN LEFEBVRE: No.
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January iJ., ~09
MR. KEEGAN: No problem.
CHAIRMAN LEFEBVRE: Yeah, we're not hearing the case, so
MR. KEEGAN: Okay.
CHAIRMAN LEFEBVRE: We just wanted to know your
testimony if any work has been done on the property.
Any other questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Make a motion that we impose the fines.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: Any discussion?
(N 0 response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRlNG: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Motion passes.
MR. KEEGAN: Thank you.
CHAIRMAN LEFEBVRE: We're all set, Mr. Martel.
MR. MARTEL: What?
CHAIRMAN LEFEBVRE: We are all set with you. We imposed
the fines.
MR. MARTEL: I don't want that.
CHAIRMAN LEFEBVRE: There's nothing that you can do
about it, except for clean up your property and then come in front of
.
us agaIn.
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1 BnLJ 22, ~O~
MR. MARTEL: The county did clean it up.
CHAIRMAN LEFEBVRE: According to testimony of the
investigator, it was another property that was cleaned up, not this one.
So we're all set.
MR. MARTEL: How much the fine here?
CHAIRMAN LEFEBVRE: The fine total is $49,265.34.
MR. MARTEL: We're going to have a war, I guess.
CHAIRMAN LEFEBVRE: Okay. Thank you very much.
MR. MARTEL: It's the crookest (sic) son ofa bitch I ever seen
in my life. .
CHAIRMAN LEFEBVRE: We're going to move on. We're
going to move on to motions for continuance. And next one will be
Milano Recreation Association, Inc.
MR. ADAMCZYK: Good morning, Board. Mark Adamczyk,
attorney for the Milano Association, present.
CHAIRMAN LEFEBVRE: Is the investigator here? Ifwe could
have them sworn in, please.
MS. STUDENT-STIRLING: For the record, Marjorie
Student-Stirling, Assistant County Attorney, with Ed Morad, the
investigator.
CHAIRMAN LEFEBVRE: Thank you.
If you could swear him in, please. You won't need to be sworn in
as the attorney.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: Go ahead.
MR. ADAMCZYK: Board, good morning.
On or about December 12th, 2008, we -- Milano, the president
and myself as registered agent, was served with an amended notice of
violation, demanding compliance by January 12th, 2009.
We responded with some defensive motions which were filed
timely and should be in your defense packet.
Subsequent to that, leading up to today's hearing, I had a
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January 22, ~09
discussion with Assistant County Attorney Jeff Wright regarding a
continuance and a stipulation on the continuance, based mainly on the
fact that his witnesses could not be present today and needed
subpoenas, as do mine.
And I think Attorney Student that's covering for Mr. Wright will
be echoing that. And at this point we would move for a continuance to
March, only -- the reason why we need until March, a minimum of 60
days, is there is a concurrent lawsuit filed by the private complainant,
Imperial Golf Estates, regarding this matter, seeking access over our
client's property. Which is set for trial February 25 through 27th.
I understand the next available hearing would be February 26th.
Counsel, including myself, will be unavailable, we'll be across the
street at the courthouse at that time on a trial set by Judge Murphy.
So we would at the minimum request a 60-day continuance. And
I understand that there's no objection to the continuance. The only
discussion may be on when it would be continued to.
I have a motion to dismiss that I filed concurrently with my
motion to continue this morning, which I have agreed to defer until the
next Code Enforcement Board date in recognition of the fact that Mr.
Wright is not here today. And we would request to argue that motion
as a preliminary matter to any evidentiary hearing at the next set date.
MS. STUDENT-STIRLING: For the record, again, Marjorie
Student-Stirling.
Yes, the county concurs on the motion to continue for the
reasons put on the record by the attorney for Milano.
And also, it's my understanding from Mr. Wright that the motion
to dismiss at this juncture should be withdrawn without prejudice so
you could refile it later.
That is what I have in an e-mail from Mr. Wright.
So if you would amend yours to withdraw that motion with leave
to file it at a later time, I think that's in keeping with my understanding
from Mr . Wright.
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January '22'72009
,
MR. ADAMCZYK: Yeah. In the phone call, I agreed to defer
hearing on the motion. I don't see any material difference in
withdrawing it and refiling before the next hearing, and -- if that's
what his notes are. And we're not -- I don't think there's an argument
over that. We will be refiling it so that the board can hear it at a later
time.
MS. STUDENT-STIRLING: Thank you.
CHAIRMAN LEFEBVRE: Just for my personal knowledge,
usually when a court date is set or a trial date is set, is that pretty hard
and fast? I don't want to see you come back here in March and say I
need continuance again.
MR. ADAMCZYK: Well, I understand, sir. And as of now, the
trial date is set, unless the judge finds a reason to continue the trial. I
don't -- I'm not aware of any conflicts that counselor the client has in
March. There's nothing we can do to -- pertaining to the judge's
decision. But right now there's an order setting the trial for February
25th, sir.
CHAIRMAN LEFEBVRE: Very good.
Any other testimony?
MS. STUDENT-STIRLING: None other. Thank you.
CHAIRMAN LEFEBVRE: Okay. Any comments?
MR. KRAENBRING: I make a motion that we grant the
continuance till March.
MS. RAWSON: March 26th.
MR. KRAENBRING: March 26th.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
Page 11
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January 22, 2009
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. ADAMCZYK: I'm sorry, one additional matter.
Were you going to be requesting the issuance of a subpoena for
a witness?
MS. STUDENT-STIRLING: Oh, yes. The county was going to
be requesting that, and I understand -- I believe Ms. Waldron has it for
signature by the chairman.
MR. ADAMCZYK: At this point, the Milano Recreation
Association would request, we need subpoenas for two witnesses to
appear at the next code hearing. Mr. Joseph Schmitt, who's the
administrator of the CDES, and Mr. Wayne Arnold with Q. Grady
Minor & Associates.
CHAIRMAN LEFEBVRE: Okay. Do we need to make a motion
to -- Jean?
MS. RAWSON : You have to issue the subpoenas. I don't know
if you have to vote on it, because I think it's sort of automatic.
CHAIRMAN LEFEBVRE: Okay.
MS. RAWSON: You know, I guess it's just between me and Ms.
Student, who's prepared it. If you've got it prepared, Gerald, you need
to sign it.
CHAIRMAN LEFEBVRE: Okay, very good.
I'll go ahead --
MS. STUDENT-STIRLING: There's one prepared, so may I
approach?
CHAIRMAN LEFEBVRE: Sure.
MS. STUDENT-STIRLING: If I may.
CHAIRMAN LEFEBVRE: And just for the record, since we
have a full board the two alternates would be able to be involved in
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discussions but not in any vote. That would be Mr. Kaufman, if I'm
not mistaken. You're an alternate, correct?
MR. KAUFMAN: Yes.
CHAIRMAN LEFEBVRE: And Mr. Lavinski.
MR. ADAMCZYK: Chairman, if I may?
CHAIRMAN LEFEBVRE: Yes, sir.
MR. ADAMCZYK: It's my understanding I needed to request
the subpoena and have that request granted. I would need to prepare
the subpoenas and submit them for the Chairman's signature. Is there a
-- can I do that through the mail ?
CHAIRMAN LEFEBVRE: Actually, I go to Ms. Rawson's
office usually on Monday or Tuesdays when all the orders are
prepared. At that point I can sign at that same time, if that's okay.
MS. RAWSON: You know what I'm going to do is I'm going to
give him my e-mail address. He can e-mail me over the subpoena.
If you'll put it for Mr. Lefebvre's signature, we will do it.
CHAIRMAN LEFEBVRE: Okay, very good.
MR. ADAMCZYK: Thank you.
CHAIRMAN LEFEBVRE: You're welcome.
Thank you very much.
The next one, next continuance or asking for continuance will be
Brian and Dara Gorman.
(Speakers were duly sworn.)
MR. WHITE: Good morning, Mr. Chairman, members of the
board. Patrick White, the law firm of Porter, Wright, Morris and
Arthur, representing Brian and Dara Gorman.
I apologize for not having enough information early enough in
time to know to file the request within the 15 days, but I did have it to
staff day before yesterday, I believe. I appreciate your indulgence in
considering it this morning and moving it up onto the agenda for
consideration.
The factual circumstance we found ourselves in in our efforts to
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16uL~2,f~ltJ
work to abate this violation were such that I did not have the next
needed piece of information from the Department of Environmental
Protection until inside the I5-day window.
So I had the choice between spending my client's money to
prepare and file a motion timely or trying to continue to work to
actually abate the violation before the hearing date so we could appear
today and have the matter disposed of.
Although I did get the information from the DEP, that next step
is to talk with the county staff. I attempted to do that Tuesday
morning. The individual I needed to speak with didn't return to work
until today.
So we're in a position where I believe we're very close to
resolving the somewhat complex factual issues of ownership and
getting ourselves in a position to be able to have a permit issued in
order to abate the violation. But I feel we need a little more time in
order to be able to do that.
And I request your indulgence today and the request for a
continuance. If there's any questions, I'd be happy to try and address
them.
CHAIRMAN LEFEBVRE: How many days for a continuance?
MR. WHITE: I would say until your next meeting should be
plenty .
MR. DEAN: Just a quick question. Is the boat dock and lift in
operation?
MR. WHITE: I do not know, sir. I would assume that it is, but
this time of year it's tough to say. The water's been very, very low.
MR. MUSSE: It appears to be operational, but I didn't actually
see them run it. They had the boats on there.
CHAIRMAN LEFEBVRE: What is the county's opinion?
MR. MUSSE: No objection to the continuance.
MR. WHITE: I'd indicate for the record that the Assistant
County Attorney has agreed, no objection.
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MS. STUDENT-STIRLING: Yes. For the record, Marjorie
Student-Stirling, County Attorney's Office, is in agreement.
CHAIRMAN LEFEBVRE: Any questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Make a motion that we allow the
continuance.
CHAIRMAN LEFEBVRE: Till?
MR. KRAENBRING: The next meeting.
CHAIRMAN LEFEBVRE: Do I have a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. WHITE: Thank you, Board.
CHAIRMAN LEFEBVRE: See you next month.
MS. RAWSON: February 26th.
CHAIRMAN LEFEBVRE: One other thing -- hold on a second.
Do we -- are we going to notice him or is this his notice?
MR. WHITE: We'll waive notice. February 26th, I believe.
CHAIRMAN LEFEBVRE: Yes.
MR. WHITE: Thank you.
Page 15
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J anuat'y 2~: 2009
CHAIRMAN LEFEBVRE: Thank you very much.
All right. We're going to move on to motion for extension of
time. Caribe Investments of Naples, Inc.
(Speakers were duly sworn).
CHAIRMAN LEFEBVRE: State your name, please.
MR. ARCE: Yes, my name is Efrain Arce. I'm with Caribe
Investments of Naples.
I have requested an extension. But as far as we're concerned, I
have pictures here that the job has been completed.
CHAIRMAN LEFEBVRE: Would you like to enter that as
evidence?
MR. ARCE: Yes.
Yeah, the walls are finished and they're painted and the labels.
CHAIRMAN LEFEBVRE: You do understand that we will keep
those as evidence --
MR. ARCE: Sure.
CHAIRMAN LEFEBVRE: -- and those will not be returned to
you.
MR. ARCE: Yeah, no problem.
CHAIRMAN LEFEBVRE: Do I hear a motion to accept --
MR. DEAN: Motion to accept.
CHAIRMAN LEFEBVRE: -- package A or Exhibit A?
Second?
MR. KRAENBRING: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
Page 16
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January 22, 2009
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
If you'd like maybe to explain the pictures?
MR. ARCE: Oh, that was because of the final inspection, it was
passed, subject on getting the labels put up. And then afterwards they
put up the labels stating that the -- you know, the information on the
walls. That's picture number one.
That's one of the walls that's been painted on one side.
CHAIRMAN LEFEBVRE: I can't distinguish what that is.
MR. ARCE: No, you can't. See, that's the left wall. It's to have
the roof -- I mean, the ceiling has to be painted, put in there.
That's the other wall. That's the other side of the wall.
That's also same wall, looking the other way.
And that's including the attic that usually you don't paint the
attic, you paint from the --
CHAIRMAN LEFEBVRE: Right, from the drop ceiling down.
MR. ARCE: Yeah.
CHAIRMAN LEFEBVRE: Yes.
Okay, has there been substantial work completed since he was in
front of us?
MR. LETOURNEAU: They've done quite a bit of work. The
only thing they need to do now is get the C.O. on the permit and he'll
be done.
For the record, JeffLetoumeau, Collier County Code
Enforcement Supervisor.
CHAIRMAN LEFEBVRE: Thank you.
And how long before you think you will be done with this?
MR. ARCE: The holdup now is the -- they asked to revise a
bathroom with handicap. I was there last week at the county and we're
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January 22, 2009
having problems with the builder over the contractor.
And the permit's still there. Hasn't been picked up yet. You
know, the wall was finished, and this was something that just came up.
And we're going to be working on it.
CHAIRMAN LEFEBVRE: How much time would you need for
continuance?
MR. ARCE: Well, I have the business owner, he's the one that--
usually when we lease a unit, we ask the tenant to make sure that they
pull the permits and, you know, any addition. And he's been dealing
with the contractor. But I don't know ifhe -- his license is active or--
MR. LETOURNEAU: I checked yesterday the permit, and it
came up as the main contractor's certificate is not active. I called the
contractors licensing and what they did is he had -- he hasn't submitted
any recent paperwork for his Workmen's Comp., so the permit has his
inspections on hold until he comes forth with that paperwork.
CHAIRMAN LEFEBVRE: Or the other option would be to get
another contractor, correct?
MR. LETOURNEAU: Correct.
MR. ARCE: We tried to do that.
CHAIRMAN LEFEBVRE: How much time would you be
looking for as a continuance -- or not a continuance but more time, I
guess.
MR. ARCE: It's hard to say. You know, if we'd done -- I mean, I
know that this fellow -- that this contractor told him that he was going
to file a lien if we didn't pay him. One of the reason that it's been
delayed, he wanted to get paid up front.
And, you know, the permit's still there and he wants to get paid
up front. And I guess it's not the way of doing business.
You know, I have no idea how long it will take for us to go
ahead and cancel this guy out if he doesn't file a lien against our
property .
CHAIRMAN LEFEBVRE: I've asked several times and the
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January 22, 2009
question I'll ask once again is how much time will you need before
you'll be complete? That's how we're going to base our decision.
MR. ARCE: Two months? He say around two months.
CHAIRMAN LEFEBVRE: Sixty days.
MR. ARCE: Sixty days. Is that what you need?
Yeah.
CHAIRMAN LEFEBVRE: Okay. Any questions of the board?
MR. KELLY: A comment, perhaps.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: Seeing as how if the board graciously decides to
grant this extension, it will be the third. And I would just like to say to
the respondent, I understand your circumstances and I appreciate
explaining them to us, because it does help us in understanding what
you're going through. But being as this might be the third extension,
the board might not be as lenient next time. So make sure that it's done
in 60 days.
MR. ARCE: Oh, we're going to do our best.
MR. KELLY: Sorry you had to go through that with the
contractor, though. It's a horrible situation to be in.
CHAIRMAN LEFEBVRE: I mean, the other thing is just to
leave the fines running and then let him come back in front of us when
everything's completed.
MR. KELLY: Have they been imposed?
CHAIRMAN LEFEBVRE: Not yet.
MS. RAWSON: No.
CHAIRMAN LEFEBVRE: I don't think they have.
Comments from the board? Thoughts on the board?
MR. KRAENBRING: Do we have any health or safety issues
involved with this work not being completed?
MR. LETOURNEAU: I don't believe so. I believe the work is up
to standards, so there's -- you know, it's just as good as any other walls
in there as far as the fire goes. It's just that he just needs to get his
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January 22,2009
bathroom in order and get his final c.o. So I don't think it's a safety
issue right now.
MR. KRAENBRING: I would echo Mr. Kelly's comments that
we will not be as lenient next time if there's no health or safety issues.
And it seems like he's stuck with a contractor that's not performing. I'll
make a motion that we grant the 60 days.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Again, you will have 60 days. And if it is not completed, I doubt
very much that this board is going to look favorably upon that.
MR. ARCE: All right, thank you.
MR. KELLY: May I make a comment in the respondent's
behalf?
Sir, you can challenge a lien that's filed against your property.
And furthermore, you as the owner have the right to cancel that
permit. You will have to get a contractor to pull a new one, because
it's a commercial property, but I wouldn't just allow a lien to sit
against your property. It will hurt your chances to refinance or perhaps
do something in the future.
Page 20
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MR. ARCE: Thank you.
CHAIRMAN LEFEBVRE: Next case will be BCC versus Bart
and Sandi Chernoff.
MS. McALLISTER: Good morning. Colleen McAllister for Bart
and Sandi Chernoff.
After all this discussion about court dates and leniency, I am
back once more.
CHAIRMAN LEFEBVRE: If I can hold you off for a second. I'd
like to have the investigator and the respondent sworn in. I don't know
if he's going to speak, but--
(All speakers were duly sworn.)
MS. McALLISTER: When I was here last time, we had a
backup trial date for this matter. We had already told the board that
Mr. Chernoff is without the financial resources to complete the
required demolition without the court judgment in the case, and that
the case was set for backup trial on December 8 and 9.
It actually was set for trial on December 7th, and we were good
to go. And Mr. Daniels, who's the defendant in this case, obtained
counsel on December 2nd, and moved for a continuance so that his
counsel could get up to speed.
We objected to the continuance, but the judge quite frankly was
between a rock and a due process hard spot there and granted the
continuance, understanding that we were under the gun with code
enforcement.
She reset the trial for January 8 and 9, and I was already on a
Lee County trial docket during the two-week period that included
January 8 and 9.
I waited until December 31 st, after my pretrial in Lee County, to
see where I was on their two-week trial docket, and by December
31 st, we had determined between the judicial assistant in Lee County
and myself that on January the 8th I would need to be two people in
two places at the same time. And so I was forced to ask the court for a
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continuance, because I was already in trial, which took precedence
over the continuation and scheduling of this trial.
The court made it clear -- I do have an order here from the court
showing the trial date, which is set for February 19th at 9:30 a.m. That
is not a backup date, that is a date certain.
If we can -- I didn't receive this until after I submitted the packet,
so -- or the motion. If you want to see it --
CHAIRMAN LEFEBVRE: Would you like to enter that as
Exhibit A?
MS. McALLISTER: Sure.
MR. KRAENBRING: Make a motion to accept.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MS. McALLISTER: So we are set for date certain trial,
February 19th.
With the acquisition of counsel by the defendant we have also
truly tried to resolve this and may yet settle before February 19th. The
Defendants have indicated a willingness to try and settle.
Wernet informally last week, all parties, and are continuing to
try and settle. If not, we will go to trial on February 19th and a
judgment will be rendered. It's a one-day trial, nonjury. So pretty
much it's going to be done at the end of the day on February 19th,
unless the court reserves for a day or two.
So I would ask the court (sic) at this point -- given that the order
that was rendered by the board was that Mr. Chemoffhad to actually
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do the demolition by the deadline date -- if we have a February 19th
decision and resolution, then hopefully we can get the demo done by
March whatever your next -- March 25th or 26th, whatever that next
date is and be able to come in and tell you it's been resolved.
CHAIRMAN LEFEBVRE: Any questions of the board?
MR. KELLY: Just refreshing the memory. Is this the pole barn
that --
MS. McALLISTER: Yes.
MR. KELLY: -- was an encroachment issue, changed into an
apartment for your mother and no longer in use.
MS. McALLISTER: Right.
MR. KELLY: So there's no more safety issues.
MR. CHERNOFF: Correct.
MS. McALLISTER: No.
CHAIRMAN LEFEBVRE: Glad you can remember the cases so
well.
MS. McALLISTER: I've been here a few times.
MR. KRAENBRING: We have heard this case a few times.
CHAIRMAN LEFEBVRE: Yes, we have.
Is there any ob --
MS. McALLISTER: And I do apologize for that. As I say, we
were -- this was not Mr. Chernoffs or my doing that we didn't go in
December. We were ready.
CHAIRMAN LEFEBVRE: Any objection by the county?
MR. MORAD: For the record, Senior Code Enforcement
Investigator Ed Morad.
Just as a reminder, as the case has been going on for three years,
it was a complaint called in from a concerned individual who I still
have to stay in contact with after each hearing. And they had some
legitimate questions that I couldn't answer that only the respondent
could answer, if I'm allowed to ask those questions.
CHAIRMAN LEFEBVRE: Well, do they pertain to the
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1anuatr 22, 2009
continuance?
MR. MORAD: Yes, it does. I believe it does. I mean, one of the
concerns is if --
CHAIRMAN LEFEBVRE: Oh, we haven't -- Jean?
MS. RAWSON: Well, this is not an evidentiary hearing. What I
would probably suggest, Mr. Morad, is that you talk to Mr. Chernoff
and counsel after the board rules on the continuance, and maybe you
can get the questions answered and the concerns answered so that you
can deal with the neighbors.
MR. MORAD: Okay.
MS. McALLISTER: I would point out to the board that the
concerned neighbor is on the witness list for trial, so I would be
reluctant to have a discussion about things that were going back to him
with a pending trial before us.
MR. LARSEN: Mr. Chairman, if I may.
Ms. McAllister, you don't specifically ask for a specific period
of time in your application. Is 60 days sufficient for you to wrap up
whatever proceedings you may have before Judge Ellis?
MS. McALLISTER: I think so. At the time I wrote the motion, I
still thought we were on a January -- we were on January trial docket,
because I still thought I was going to be in the second week of the Lee
County docket. So I left that blank because I still was up in the air.
But 60 days, given that we have a February 19th trial date,
should be sufficient.
MR. LARSEN: Okay, thank you.
CHAIRMAN LEFEBVRE: Any other questions?
MR. KRAENBRING: Just a comment. You know, we've heard
this case a number of times, and it really just seems like it's a matter
between the previous owner and, you know, the respondent. And it's
just wrapped up in the courts. So I really don't think we have much of
a choice except to grant the continuance, hope that it works out.
I don't think we have any public safety issues here, it's a private
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residence, so I would make a motion that we grant the continuance till
March 26th.
MR. DEAN: I'll second that motion.
MR. KELLY: I have a comment before we vote.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: If all goes well and they do get the judgment,
there's still the matter of actually collecting on the judgment and
getting the funds in order to do the demolition work, finding the
contractor and so forth, getting permits, having those permits C.O.'d
before they do finally come into compliance with the original order. I
think that March might not be enough time and we might see them
.
again.
MS. RAWSON: If I might, this is a motion for extension of
time, not a motion to continue. So probably just need to give time, 60
days, 90 days, whatever you decide. And it doesn't necessarily have to
be back on the docket unless Jennifer puts it back there.
So this is a motion for an extension of time to comply with the
board's order, rather than a motion to continue.
CHAIRMAN LEFEBVRE: Okay.
MR. KELLY: Just also to add one last thing. They do seem to be
working diligently, and they have kept us step by step in the loop as to
what was going on. So I don't think, since there's no safety or any
safety violation, I don't think there's an issue with the granting--
actually, six months to give them plenty of time to get this taken care
of.
CHAIRMAN LEFEBVRE: I think we have a first and a second
for two months, so -- for 60 days.
All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
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MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. KELLY: Nay.
CHAIRMAN LEFEBVRE: One nay. Motion passes. Thank you.
CHAIRMAN LEFEBVRE: The next motion for extension of
time will be BCC versus Ahmet and Melissa Celik. I'm not sure I said
that correctly.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: If you could please state your name
for the record.
MS. CELIK: I'm Melissa Celik.
MR. CELIK: Ahmet Celik.
CHAIRMAN LEFEBVRE: Thank you.
And you're looking for an extension of time?
MS. CELIK: Yes, we are.
CHAIRMAN LEFEBVRE: Can you explain the reasoning?
MS. CELIK: My husband's self-employed. I just lost my job and
got another job. We have a three-year-old daughter. We're unable to
make our mortgage payment. We're doing everything we can just to
keep food on the table. We're trying to work with the mortgage
company now to hopefully, you know, not become one of the
statistics.
But not that we don't find this extremely important and we want
to be in compliance, but we feel that we have other priorities right
now that are limiting us to be able to purchase the trees right now.
CHAIRMAN LEFEBVRE: And in the letter that you wrote back
on January 7th, you're looking for a one-year extension?
MS. CELIK: Yes, please.
CHAIRMAN LEFEBVRE: Any comments?
MS. O'FARRELL: The county is not opposed to this request.
CHAIRMAN LEFEBVRE: And I'm not sure if you stated your
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name for the record.
MS. O'FARRELL: I'm sorry. Susan O'Farrell, Collier County
Code Enforcement Investigator.
MR. KRAENBRING: We know who you are.
CHAIRMAN LEFEBVRE: There's probably a lot of people out
there watching that don't.
Any discussion, questions from the board?
MR. KRAENBRING: I'll make a motion that we approve the
extension of time.
MR. LARSEN: I second it.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
MS. CELIK: Thank you very much.
MR. CELIK: Thank you.
CHAIRMAN LEFEBVRE: Just a word of recommendation. I
don't know if this area is irrigated or not, but you might want to try to
plant it during the wet season or rainy season so they will survive.
MS. CELIK: Yeah.
MR. CELIK: If something change before that time, I mean, I
will like to do that.
CHAIRMAN LEFEBVRE: Right. I just don't want to see you
come back here a year from now and tell us it's the dry season--
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January 22, 2009
MS. CELIK: Right.
CHAIRMAN LEFEBVRE: -- and the added expense --
MS. CELIK: I understand.
CHAIRMAN LEFEBVRE: -- and then you have a loss of25, 30
percent whatever amount of trees where you're going to have to
replant and it's going to be an additional cost, so --
MS. CELIK: Okay. Thank you for that.
MR. CELIK: Thanks, gentlemen.
MR. KRAENBRING: Good luck.
MR. CELIK: Thank you, Ms. O'Farrell.
CHAIRMAN LEFEBVRE: Okay, we're going to move on to
motion to amend the order. And it will be BCC versus Empire
Developers Group. Did I skip something?
MS. WALDRON: No, I was just going to explain what we're
asking for at this point.
CHAIRMAN LEFEBVRE: Okay. You had that look like I
skipped something.
MS. WALDRON: We're bringing this order back to you due to
the fact that we left out some verbiage stating word for word 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 order.
CHAIRMAN LEFEBVRE: Okay.
MS. WALDRON: That's the only change we have that we're
requesting to that order.
MR. LARSEN: I believe that I remember specifically that was
the request at the time, and it was approved.
MS. WALDRON : Well, it's not in this particular case. There was
another case that was brought forth to you for Empire Developers
Group as well.
MR. LARSEN: Oh, okay. So this is a second --
MS. WALDRON: So the second order does have it, this order
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January 22, 2f)09
does not.
MR. LARSEN: Oh, okay.
CHAIRMAN LEFEBVRE: Has this been discussed with Mr.
Slavic (phonetic) at Empire Developers Group?
MS. WALDRON: Yes, I did speak with him on the phone
yesterday.
CHAIRMAN LEFEBVRE: And he --
MS. WALDRON: And I informed him he would get a new copy
of the order once it is recorded.
CHAIRMAN LEFEBVRE: Okay. We do have a Mrs. Ebert, I
think it is, in the audience. I'm not sure -- Jean?
MS. RAWSON: Yes.
CHAIRMAN LEFEBVRE: Would a change like this--
generally do we allow the public to speak at all or --
MS. RAWSON: The only amendment to the already issued
order of this board is that if the respondent doesn't abate, that the
Collier County Sheriff and the county can go in and abate. It's
something we usually put in a lot of the orders, but wasn't in this one.
It doesn't change the facts that you heard, nor the order that you
rendered.
MR. KRAENBRING: Seems to me like it's actually enforcing
the order --
CHAIRMAN LEFEBVRE: Right.
MR. KRAENBRING: -- more in favor of the complaining
neighbors.
I make a motion that we, you know, accept the change and the
order.
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
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MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: And Mr. Chairman, we do have an additional
stipulation that has come in.
CHAIRMAN LEFEBVRE: Okay.
MS. WALDRON: It will be Item C.5 under hearings, BCC
versus Ibran Turcios. Case CESD200800 11952.
CHAIRMAN LEFEBVRE: Okay. Do I hear a motion to amend
the agenda?
MR. KRAENBRING: Make a motion to accept the amended --
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KRAENBRING: -- agenda.
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
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.ranuary 12, irAJI.
CHAIRMAN LEFEBVRE: Motion passes.
Okay, we're going to move on to stipulations. And the first
stipulation will be Kenneth J. Blocker, Sr. and Kenneth J. Blocker, Jr.
(Speakers were duly sworn).
CHAIRMAN LEFEBVRE: Just give us a minute or two maybe
to read the stipulated agreement.
Everyone had a chance to read?
MR. KRAENBRING: Yes.
CHAIRMAN LEFEBVRE: And if you can state your name for
the record, please.
MS. GREEN: My name is Gina Green. And I'm representing--
I'm a civil engineering representing the Blockers.
CHAIRMAN LEFEBVRE: You have authority to represent
them?
MS. GREEN: Yes, I do.
CHAIRMAN LEFEBVRE: And you have the authority to sign
on behalf of the Blockers?
MS. GREEN: Yes, I do.
CHAIRMAN LEFEBVRE: Jean?
MS. RAWSON: That's fine.
CHAIRMAN LEFEBVRE: Okay.
All right, any questions from the board?
(No response.)
MR. KRAENBRING: No, just I'd like to hear from the county,
just from the investigator, ifhe agrees with the stipulation and he's
comfortable with it.
MR. WALKER: Yes, sir, county is in full agreement with the
stipulation that's presented to you today.
MR. KRAENBRING: Do we need to read anything into the
record for this?
MR. L'ESPERANCE: Could you identify yourself for the
record?
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January 22, 2009
MR. WALKER: Yes, my name is Weldon Walker, Code
Investigator, Collier County.
CHAIRMAN LEFEBVRE: Jean, do you want him to read into --
MS. RAWSON : Yes, because you need to approve it but it needs
to be on the record.
CHAIRMAN LEFEBVRE: Okay.
MR. WALKER: Yes, ma'am. For the record, Case No.
CESD20070000587. Respondents are the Blocker, Jr., Blocker, Sr.
Stipulation is as follows: Therefore, it is agreed between the
parties that the respondents shall pay operational costs in the amount
of$86.71; abate all violations by: Obtaining a Collier County building
permit with all inspections for the property located at 105 Main Street,
Immokalee, Florida, 34142, within 180 days of the date of this hearing
or a fine of $200 a day will be imposed; or obtain a Collier County
demolition permit with all inspections through final C.O., or the -- for
the property located at 105 Main Street, Immokalee, Florida, 34142,
within 180 days of the date of this hearing or a fine of $200 a day will
be imposed.
If the respondents fail to abate the violation, the county may
abate the violation and may use the assistance of a Collier County
sheriffs officer to enforce the provision of this order.
Respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
Twenty - four hour notice shall be by phone or fax, and made
during the workweek.
If the violation is abated 24 hours prior to a Saturday or a
Sunday or a legal holiday, then a notification must be made on the
next day that is not a Saturday or Sunday or legal holiday.
The respondent -- if the respondent fails to abate the violation,
the county may abate the violation and may use the assistance of
Collier County Sheriffs Office to enforce the provision of this
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agreement, of which the stipulation is signed and agreed.
CHAIRMAN LEFEBVRE: Typically, number one, when this is
operational costs, we ask that the respondent pay it within 30 days. So
you might want to add that in there.
MR. WALKER: Yes, sir.
CHAIRMAN LEFEBVRE: If you can add that in there and have
the respondent initial that.
Do I have any discussion from the board?
MR. LARSEN: I have a question of Ms. Green.
MS. GREEN: Yes.
MR. LARSEN: Evidently this pertains to a new use for a
commercial garage?
MS. GREEN: Yes.
MR. LARSEN: Do you anticipate running into any problems in
obtaining the permits?
MS. GREEN: Well, where we're at right now on the process, I
was actually brought in and had a preap. meeting last August
regarding a site improvement plan for this piece of property in order
for the church to be able to have the use. And we had the meeting.
The problem with the site is, is that there's not enough on-site
parking to support the church.
I have submitted an administrative parking reduction request
from the county in order to use the on-street parking for the use. We're
waiting right now, and that will be the determining factor as far as
whether we move forward with an SIP for the church if we get the
parking reduction.
You know, the church would like to stay there. They're a good
tenant. You know it is tough these days to get a tenant to rent -- that
pays the rent on time.
But if for whatever reason I do not get the parking reduction for
them, then the next course of action would be that they would either
go back to the original use and put the building back to its original
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January 22, 2009
state or spend that six-month time to see if we can do an SIP for a less
intensive use that would still work on the space.
So really, we're waiting for that administrative parking
reduction. That will determine the course that we're going. And if we
have to go the SIP route, we should be able to get everything within
the six months and obtain the building permits needed to permit; if
there's alterations that have to be made, get the necessary permits and
bring them into compliance.
MR. LARSEN: Thank you very much.
CHAIRMAN LEFEBVRE: Any other questions?
MR. DEAN: I just had one. What was the commercial garage
used for?
MS. GREEN: It was an auto repair shop.
MR. DEAN: Auto repair shop? Thank you.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KRAENBRING: Make a motion that we grant the
stipulation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
MR. LARSEN: I'll second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(N 0 response.)
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CHAIRMAN LEFEBVRE: Motion passes.
MR. WALKER: Thank you very much.
MS. GREEN: Thank you.
CHAIRMAN LEFEBVRE: Next one will be Katia Sanchez.
(Speakers were duly sworn.)
(Interpreter Barbara Miranda was duly sworn.)
CHAIRMAN LEFEBVRE: Just going to take a minute or two to
read this.
Everyone all set?
MR. PONTE: I just have a question. I can't read the days. How
many days are involved?
CHAIRMAN LEFEBVRE: 180.
MR. PONTE: 180?
CHAIRMAN LEFEBVRE: Yes.
MR. PONTE: Thank you.
CHAIRMAN LEFEBVRE: She agrees to the stipulated
agreement, Katia does?
THE INTERPRETER: Yes, she does. Yes.
CHAIRMAN LEFEBVRE: If you can read the order in, please
-- or the stipulation in.
MS. PEREZ: Good morning. For the record, Code Enforcement,
Cristina Perez.
This case is in reference to Case No. CESD20080007967.
It's in reference to a violation of a concrete block addition to the
rear of the house with windows, doors and electricity.
The respondent and myself met outside and we came into
agreement with the stipulation to pay the operational cost in the
amount of $87.57 incurred in the prosecution of this case within 30
days of this hearing.
Number two: Abate all violations by applying for and obtaining
a Collier County building permit for such improvements or demolition
permit to restore building to its original permitted state. All related
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January 22, 2~b9
inspections and c.o. within 180 days of this hearing or a fine of $200
per day will be imposed until the violation is abated.
Three: Also that the respondent must notify code enforcement
within 24 hours of abatement of this violation and request the
inspector perform a site inspection to confirm compliance.
Twenty - four hour notice shall be by phone or fax and made
during a workweek. If the violation is abated 24 hours prior to a
Sunday -- Saturday, Sunday or legal holiday, then the notification
must be made on the next day that is not a Saturday, Sunday or legal
holiday.
F our: 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.
CHAIRMAN LEFEBVRE: Any questions?
MR. PONTE: Yes, I do. What's the reason for giving the
respondent over a half a year to correct this?
MS. PEREZ: They had been having difficulties with the
contractor that had been obtaining the blueprints.
I know there was a time frame when I attempted to help Ms.
Sanchez locate the gentleman. He just took the money and didn't
return any of the blueprints for them.
She then had to take it upon herself to go to Miami and get the
information required for the material that was purchased for the
addition.
I know they've also been having financial difficulties obtaining
the money required to complete the project.
MR. PONTE: So has a new contractor been selected or retained?
MS. PEREZ: She's doing it as owner/builder now. Because the
gentleman, he did return the blueprints to her, but it was not com -- the
information wasn't completed.
MR. PONTE: Okay. Now that she's totally in charge, why would
it take more than a half a year to make the correction?
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MS. PEREZ: From what I -- it's still not completed. There's still
work that has to be done --
MR. PONTE: Yeah.
MS. PEREZ: -- to the structure.
MR. PONTE: I mean, over a half year's time is very generous.
How much work has to be done?
MS. PEREZ: Well, they still have to submit the blueprints and
see if they even approve them, if the county even approves them, and
if all their information is correct. So it still has to go through the
revision purpose. And it being open space, it's living space, so I know
that her financial, she's going to have to probably pay some impact
fees, so she's going to have financially a burden to pay on -- to obtain
the permit.
MR. KRAENBRING: This is not a rental property of any sort?
MS. PEREZ: No.
MR. KRAENBRING: It is a single-family--
MS. PEREZ: Yes.
MR. KRAENBRING: -- residence?
Thank you.
CHAIRMAN LEFEBVRE: Mr. Kelly?
MR. KELLY: Is the addition occupied at all?
MS. PEREZ: No. They weren't using it. It only had a couch, a
table, just like it's open space, but it's not being used as sleeping
quarters.
CHAIRMAN LEFEBVRE: Any other questions?
(No response.)
MR. KRAENBRING: I make a motion that we approve the
stipulation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
Page 37
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CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. PONTE: Nay.
CHAIRMAN LEFEBVRE: You're all set. You have six months
to complete it.
MS. PEREZ: Thank you.
MR. KRAENBRING: Good luck.
CHAIRMAN LEFEBVRE: Do you need a break?
THE COURT REPORTER: No, thank you.
CHAIRMAN LEFEBVRE: Before we jump into the hearings.
Okay.
MR. KRAENBRING: Do we have another stipulation?
CHAIRMAN LEFEBVRE: Do we have another stip? Oh, yes,
we do. Thank you.
Ibran -- the next stipulated agreement will be Ibran Turcios. I'm
sure you'll correct me.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: If you just give us a minute to read
the stipulated agreement.
MR. L'ESPERANCE: Is there any way we could focus that a bit
more, or is it just me?
MR. PONTE: No, it's me, too.
MR. KRAENBRING: Yeah, I thought my bifocals were off.
MR. KELLY: It's a cell phone.
MR. DEAN: It's a wake-up call.
MR. KELLY: That's a cell phone too close to the microphone.
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January 22, 20~9
CHAIRMAN LEFEBVRE: My phone's in my car, so it's not me.
MS. WALDRON: Is it any better?
MR. L'ESPERANCE: No.
MR. KELLY: Can you zoom in a little?
MR. KRAENBRING: We'll just have to--
MR. L'ESPERANCE: We'll just have to cope, huh?
MR. KRAENBRING: -- muddle through.
There you go.
MR. L'ESPERANCE: At least it's bigger. Thank you.
CHAIRMAN LEFEBVRE: State your name for the record.
MR. TURCIOS: My name is Ibran Turcios.
CHAIRMAN LEFEBVRE: What is it again?
MR. TURCIOS: Ibran Turcios.
CHAIRMAN LEFEBVRE: Thank you.
And you agree to the stipulated agreement?
MR. TURCIOS: Yes.
CHAIRMAN LEFEBVRE: Very good.
If you can read the stipulated agreement into the record, please.
MR. PAUL: For the record, Investigator Renald Paul, Collier
County Code Enforcement Investigator.
Mr. Ibran has agreed to the stipulated agreement, stating that
he'll pay the operational costs in the amount of $88.43 incurred in the
prosecution of this case within 30 days of this hearing.
Respondent is required to obtain any and all permits as required
by Collier County for any and all additions to the residents, or obtain a
demolition permit for removal of all unpermitted additions to this
property and obtain all required inspections and certificate of
completion within 90 days of this hearing or be fined $100 a day for
each day the violation remains unabated.
The respondents must notify code enforcement within 24 hours
of abatement. And that if the respondent fails to abate the violation,
the county may abate the violation and may use the assistance of the
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January 22, 2009
Collier County Sheriffs Office to enforce the provisions of this
agreement.
And the owner has agreed to this.
MR. KELLY: Investigator Paul, it states that he simply just
needs the certificate of occupancy. But could you tell us if -- because
the permits had expired, so they have to reap. for more extension and
then get the c.o.
Could you tell us if the inspections needed to get the c.o. have
been approved?
MR. PAUL: Not -- well, he had two inspections when he
originally pulled the permit that had actually passed, but he still had
five other inspections that needed to be done for the fence.
MR. KELLY: Okay, thank you.
CHAIRMAN LEFEBVRE: Any other questions?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. L'ESPERANCE: Move to accept the stipulation as
suggested, provided.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
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January 22~009
CHAIRMAN LEFEBVRE: Motion passes.
Now we're going to move on to hearings. BCC versus James
Patrick and Laura Guerrero.
MR. LARSEN: Mr. Chairman, I must recuse myself on this
matter because of a conflict of interest.
CHAIRMAN LEFEBVRE: Okay, very good. There is
paperwork you'll have to fill out.
MR. LARSEN: I already have. I shall hand it over to madam
reporter.
CHAIRMAN LEFEBVRE: If I can have the investigator step
forward?
Are they working on the stipulated agreement?
MR. PONTE: I'm a little lost. Which case is this?
MR. KRAENBRING: Guerrero.
CHAIRMAN LEFEBVRE: Patrick and --
MR. PONTE: Guerrero?
CHAIRMAN LEFEBVRE: It's kind of in the middle.
MR. KRAENBRING: It's our only hearing left. Everything else
was stipulated.
CHAIRMAN LEFEBVRE: Is the respondent outside?
MS. PEREZ: No, no, this isn't my stipulation. So I got confused.
No, the respondent is not present today.
(Speaker was duly sworn.)
MS. PEREZ: Good morning. Again for the record, Cristina
Perez, Collier County Code Enforcement.
MS. WALDRON: This is in reference to Department Case No.
CESD20080008804, BCC versus James Patrick and Laura S.
Guerrero.
F or the record, the respondent and the board were sent a packet
of evidence and we would like to enter the packet of evidence as
Exhibit A.
MR. KRAENBRING: Make a motion to accept the packet.
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CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MS. WALDRON: Violation of Ordinance 04-41 of the Collier
County Land Development Code, Sections 10.02.06 (B)(l)(a), and
10.02.06 (B)(l)( ei).
Description of violation: Mobile home/modular home placed at
location in question without first obtaining the required building
permit.
Location/address where violation exists: 1965 Platt Road,
Naples, Florida.
Name and address of owner/person in charge of violation
location: James Patrick and Laura S. Guerrero, 2038 Fairmont Lane,
Naples, Florida, 34120.
Date violation first observed: July 30th, 2008.
Date owner/person in charge given notice of violation: October
1st, 2008.
Date on/by which violation to be corrected: November 1st, 2008.
Date of reinspect ion: November 24th, 2008.
Results of reinspection: Violations remain. No permit has been
applied for and obtained.
At this time, I would like to present Supervisor Cristina Perez.
MS. PEREZ: A complaint was received regarding a house that
was built with no permits on this property.
Upon a site visit, I found that there was a mobile home. The
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respondent addressed this as a modular home. So mobile
home/modular home type structure on said property.
After research was conducted, I found that the property owner
had applied for a building permit and was denied and no further action
had been taken.
So he put the structure on the property, applied for the permit,
but the permit was denied due to verbiage on the blueprints that didn't
qualify for the zone that this property is located in.
So I made contact with the respondent, James Patrick Guerrero.
We set up a meeting to meet at the location where the violation exists.
I served him the notice of violation, we reviewed it. I gave him a copy.
After several conversations and attempts from the property
owner to determine from other departments what his options were to
be able to obtain the permit for the structure, the permit was not
reissued and the case was prepared for today's hearing.
I did have a meeting with Mr. Guerrero at the engineering
department in regards to other issues on his property that he wants to
do, but I took him over to the permit department and we spoke with
someone in structural review to determine what direction he needed to
take on this permit, to get the permit approved.
CHAIRMAN LEFEBVRE: These meetings, when did they
occur?
MS. PEREZ: This -- I don't know the exact date of this last
meeting that we had with the engineering department, but it was this
month of January.
MR. KAUFMAN: Is the property occupied?
MS. PEREZ: No. It doesn't have electricity, it doesn't have
water, it's just a structure placed on the property.
CHAIRMAN LEFEBVRE: Any other questions of the board?
(No response.)
MR. KRAENBRING: The respondent was notified. He's not
here. He's been working with you?
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MS. PEREZ: Yeah. His thing was he has a 20-acre parcel on ago
property and he had other avenues that he wanted to attempt to use his
property for, and that's where this structure came into place.
And that's something that's going to take him a very long time to
try to achieve. So his direction that we got from structural and
permitting, in order for him to be able to keep this structure on the
property, he would have to have it permitted as a single-family
residential home.
MR. KRAENBRlNG: Without lack of other testimony from the
respondent, I would make a motion that a violation does exist.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: Any discussion?
MR. PONTE: Yeah, just a couple of questions.
Is the mobile home secure? Is it locked up? Is it--
MS. PEREZ: Yes. And there is also a fence around the property.
MR. PONTE: Okay, thank you.
MR. KELLY: Do you have any photos?
MS. PEREZ: Yes.
MR. KELLY: Is it okay if we --
CHAIRMAN LEFEBVRE: We probably should ask -- those
should have been entered previously.
MR. KELLY: It helps to get a visual.
MS. PEREZ: Yes, sir.
MR. KELLY: I know that that will help to go towards a time
frame if a violation is found.
CHAIRMAN LEFEBVRE: Jean, at this point?
MS. RAWSON: She can amend it and add additional exhibits,
that's not a problem.
MS. PEREZ: Okay. So I would like to present into case
evidence the following exhibit, which is Exhibit B, pictures, B-1 and
B-2.
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CHAIRMAN LEFEBVRE: Do we need to take the current
motions off the table?
MS. RAWSON: No. You don't have a motion -- well, you do.
You have a motion for violation.
CHAIRMAN LEFEBVRE: Right.
MS. RAWSON: Okay. Yes. Ifwe're still going to hear evidence,
then why don't you withdraw those motions --
MR. KRAENBRING: I'll withdraw the motion.
MR. DEAN: I'll withdraw the second.
MR. KELLY: And I'll make a motion to accept Exhibit B.
CHAIRMAN LEFEBVRE: Thank you. And do I hear a second?
MR. KRAENBRING: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
MR. KELLY: Sorry about that.
MR. LARSEN: Two photos total?
MS. PEREZ: Yes, sir.
MR. KELLY: Investigator Perez, the county said that because
this was longer than a certain period of time it could not be considered
a construction trailer?
MS. PEREZ: His initial intention to submitting it for -- as a
construction trailer was -- I believe he wanted to do an excavation
project.on the property. So this was going to be a construction trailer.
When he submitted the permits, the permits does say it's a
construction on the top and it has office spaces instead of bedroom
space.
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We then reviewed the permit again this January with structural
and permitting, and after he had his meeting with the engineering
department and they explained what process he would have to take to
be able to do such a project, he's steering away from that for now
because it's not something that he could do at this point.
So from what we spoke to permitting and structural, he has to
revise those plans and make them read that it's a residential mobile
home or modular home -- he describes it as a modular home -- that he
would have to revise those plans, you know, to show instead of office,
bedroom and et cetera. It has the kitchen, it has bathrooms, but --
MR. KELLY: I'll support a motion.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Well, I didn't actually make it. I was just stating
that --
MR. KRAENBRING: I'll just reiterate, I'll make a motion that a
violation does exist.
CHAIRMAN LEFEBVRE: And the second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
County recommendation, please?
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MS. PEREZ: County's recommendation is that the board order
the respondent to pay the operational costs in the amount of -- I wrote
it down on the other document. I'm sorry -- $86.71 incurred in the
prosecution of this case within 30 days of this hearing and abate all
violations by: Applying for and obtaining a Collier County building
permit for such improvements or demolition permit, all required
inspections and C.O., or remove mobile home/modular home to
restore property to its original state within X amount of days of this
hearing and a fine amount of X amount per day will be imposed until
the violation has been abated.
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 order.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement.
MR. KRAENBRING: I have a question. X amount and X days.
MR. KELLY: The County started doing that to help give us a
guideline. We have to fill in the X. That's our variable.
MR. KRAENBRING: Okay.
MR. PONTE: Ninety and 100.
MR. KRAENBRING: I mean, not going out to see this property,
not knowing what they're going to be going through to get permits, we
used to have some guidelines from the county recommendations. Do
we have a sense of that?
MS. PEREZ: I do have the guidelines that the county has used in
the past, but, you know, I --
MR. KELLY: The County's trying not to be prejudice.
CHAIRMAN LEFEBVRE: What avenue is he currently taking?
And how long would that take?
MS. PEREZ: I don't know how long it would take, but I know
that the county did give him back the blueprints so that he could take
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those blueprints and get them revised, versus having to hire a new
engineer to redo the whole blueprints. So he was going to take those
back to get them revised and then try to resubmit.
CHAIRMAN LEFEBVRE: So he's going to try to resubmit it as
a single-family residence?
MS. PEREZ: Yes, sir.
CHAIRMAN LEFEBVRE: And how long -- you don't know
how long that usually takes?
MR. KRAENBRING: And no one's living in this --
MS. PEREZ: No.
MR. KRAENBRING: -- property right now --
MS. PEREZ: It's not connected to utilities.
MR. KRAENBRING: -- and it's not a health or safety issue?
MS. PEREZ: No.
MR. KRAENBRING: Half a year?
MR. PONTE: I make a motion for 90 days. Half a year? They
built the Empire State Building in one year.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: For 90 days.
Mr. Kelly?
MR. KELLY: Just a quick discussion.
Not only does he have to actually get the permit, but then he has
to get the C.O. And without there being any plumbing or electric there
now, that would all have to be run.
I think 90 days might be just a little tight to get done I believe
what needs to be done here. That's my only comment, that's all.
MR. KRAENBRING: I would agree, I think that, you know,
we're looking at half a year, we're looking at six months for this thing
to get through the process and get it done. Otherwise we're going to be
hearing it again.
MR. DEAN: So I just -- one comment is so I bring a trailer on a
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1611 'IA4'
January ~2, 2009
property and I get six months or a year to figure out what I want to do.
I mean, you give them 90 days, you get something stirring so we
know what's going on. And our guidelines for fines is right here. So I
still go with the 90 days.
CHAIRMAN LEFEBVRE: Okay. We have a first and a second.
All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
MS. PEREZ: Just for clarification, can you tell me what is the
amount per day?
MR. KELLY: It was 90 days and $100 per day. Right, George?
MR. PONTE: That's correct.
CHAIRMAN LEFEBVRE: Thank you very much.
MS. PEREZ: Thank you.
CHAIRMAN LEFEBVRE: Do you want to take a few minute
break?
Let's come back in about 10 minutes.
(Recess. )
CHAIRMAN LEFEBVRE: I'd like to call the meeting back to
order. And we're going to move on to old business.
I'm on now. Very good. We're going to move on to old business.
Motion for imposition of fines. Juan Hernandez and Adrianna Garcia.
Are they present?
(No response.)
CHAIRMAN LEFEBVRE: Usually we just -- it's on the consent
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agenda, right?
MR. KELLY: No.
MS. WALDRON: No.
CHAIRMAN LEFEBVRE: Okay.
Could I have the investigator speak.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to Code Enforcement
Case No. 2006081209.
F or the record, the respondent is not present.
On July 31 st, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation, and the respondent has
not complied with the board's orders from July 31 st, 2008.
At this time, the county is recommending imposing a lien for the
fine at a rate of $200 per day for the period between November 29th,
2008 to January 22nd, 2009 for a total of 55 days in the amount of
$11,000.
Operational costs of 88.43 have not been paid.
The total requested lien amount would be $11,000 -- $11,088.43.
CHAIRMAN LEFEBVRE: All right. Has any work been done at
all? And when's the last time you were there?
MS. SCAVONE: The last time I was there was yesterday. And
they did pull a permit for -- it was approved in 2007. However, it was
canceled September, 2008. It was never issued because they were not
able to pay the operational costs.
MS. WALDRON: Can I just clarify, too, on -- the operational
costs were 87.44, not 88.43. Which would make the total lien amount
11,087.44. Correction.
CHAIRMAN LEFEBVRE: When's the last time you had contact
with them?
MS. SCAVONE: It was before the CEB hearing. And I have not
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had any contact since. And the last time I did speak with him that he
stated was losing the house and that's why he couldn't pay for the fee
for the permit itself.
CHAIRMAN LEFEBVRE: Okay. Any other questions of the
board?
MR. KELLY: Mr. Chair?
CHAIRMAN LEFEBVRE: Yes.
MR. KELLY: Just a clarification. The case number on the top of
the request for an imposition of fine is actually for the next case on our
agenda which has already been heard. This case number is
2006081209.
And on that, I'll make a motion that we impose the fines,
$11,087.44.
MR. KRAENBRING: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. SCAVONE: Thank you.
CHAIRMAN LEFEBVRE: We're going to move on to the next
one, which will be BCC versus Vanderbilt Devco, LLC.
MS. WALDRON: And Mr. Chairman, if I can make a request on
this one also. I know that the county and the respondent have been
talking and they are talking about a continuance, so rather than me go
through the whole thing, maybe you want to hear from their testimony
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January 2~, ~o9
first.
CHAIRMAN LEFEBVRE: Okay.
(S peakers were duly sworn.)
MR. V ARSAMES: My name is John Varsames. I live in Naples
and I represent Vanderbilt Devco.
The remediation plan that was stipulated to has been completed.
The inspection is scheduled for tomorrow afternoon at 2:00. So we ask
for a continuation to determine if it will be any fines whatsoever.
MR. KELLY: Mr. Chair?
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: May I recommend, rather than filing a
continuance if we could simply ask the county to stay this
recommendation until next month. And if the inspection goes through
and it's passed, we won't need to hear this.
CHAIRMAN LEFEBVRE: How much time did -- I'm just trying
to -- when were they supposed to come into compliance again? March
30th of last year; is that correct?
MS. O'FARRELL: He was supposed to come into compliance --
let me see, I've got it right here -- for the mitigation plan as of 5/28/08.
For the record, Susan O'Farrell, Collier County Investigator.
He was supposed to come into compliance with the mitigation
plan as of 5/28/08, and he was ordered to install the plants -- well, the
stipulation where he agreed to install the plants within 120 days,
which would have been September 26th of'08.
And when I did the inspection, apparently I inspected the wrong
part of his property. So that's why I'd like to have a stay to give him 30
days -- well, for us to do the -- another inspection.
CHAIRMAN LEFEBVRE: Okay.
MR. KRAENBRING: Jean, the county needs to withdraw this, is
that --
MS. RAWSON: Yes. We don't need to have a continuance, or
even a stay.
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If you just simply remove it from the docket, Jen, then you can
put it back on the agenda for next month and we can see where we are.
Or maybe you won't need to.
MS. O'FARRELL: Well, ifhe's come into compliance, he'll still
need the imposition of --
MS. WALDRON: I believe we'll still need to do the imposition
of fines hearing, because he is out of his compliance date.
CHAIRMAN LEFEBVRE: Correct.
MS. WALDRON: But we'd rather have the current information
when we come back to you.
MS. RAWSON: Correct. And then at that time he has the right
for his own motion.
.. MS. O'FARRELL: I've explained to the representative ofDevco
-- because I can't pronounce his last name.
MR. V ARSAMES: Varsames.
MS. O'FARRELL: And I've explained to him the process of the
imposition of fines and also the process for the reduction of fines. So I
think he's going to be aware of what he needs to do.
MR. KRAENBRING: So the county will be --
MS. WALDRON: The county will make a request to withdraw
this case and bring it at a further hearing date.
MR. KELLY: Mr. Chairman, I make a motion to amend the
agenda.
MR. KRAENBRING: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
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CHAIRMAN LEFEBVRE: Thank you.
Next one will be BCC versus Tereso Bautista and Emiliana
Vasquez.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to Code Enforcement
Case No. 2006100651.
F or the record, the respondent is not present.
On April 24th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation and the respondent has
not complied with the board's orders from April 24th, 2008.
At this time, the county is recommending imposing a lien for the
fine at a rate of$200 per day for the period between June 24th, 2008
to January 22nd, 2009 for a total of212 days in the amount of
$42,400.
Operational costs in the amount of $88.43 have not been paid.
The total requested lien amount is $42,803.77.
CHAIRMAN LEFEBVRE: What is that amount, once again?
How much is the fine amount?
MS. WALDRON: $42,400.
MR. KELLY: How much is the op. cost?
MS. WALDRON: 403.77.
CHAIRMAN LEFEBVRE: You said it was 88.43 before.
MR. DEAN: She said 42,803.77.
MR. KELLY: She said the wrong op. cost, but then totaled it
correctly.
MS. WALDRON: It's 403.77 for op. cost.
MR. KELLY: Investigator, when's the last time you checked to
see if there was a permit pulled or anything?
MR. BALDWIN: For the record, Patrick Baldwin, Collier
County Code Enforcement Investigator.
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I just checked just this morning. No permit has been pulled. And
I was there yesterday, the property is still vacant.
CHAIRMAN LEFEBVRE: Any other discussion from the
board?
MR. KRAENBRING: Make a motion that we impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN STRAIN: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Next case will be BCC versus William and Laura Mara.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to Code Enforcement
Case No. CESD20080004753.
F or the record, the respondent is not present.
On August 22nd, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation, and the respondent has
not complied with the board's orders from August 22nd, 2008.
At this time, the county is recommending imposing a lien for the
fine at a rate of $200 per day for the period between November 21 st,
2008, to January 22nd, 2009, for a total of 63 days in the amount of
$12,600.
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I 6 Imta~A 109 '
Operational costs of $88.10 have not been paid.
The total requested lien amount is $12,688.10.
CHAIRMAN LEFEBVRE: Investigator? What is the -- when
was the last time you were there?
MR. MARTINDALE: The last time I made a visit was
approximately 31st of December of last year.
CHAIRMAN LEFEBVRE: Okay. And was any work done on
the property to correct the violation?
MR. MARTINDALE: The rear lanai was enclosed. I do have a
picture, if you'd like to look.
CHAIRMAN LEFEBVRE: We're not here to hear testimony.
Was that shown during the case?
MR. MARTINDALE: This would be at the updated photos.
CHAIRMAN LEFEBVRE: The updated photos, okay.
MR. MARTINDALE: Basically it's just a closed lanai and they
tore a part of the eight by ten -- or four by eight sheet of plywood off
the back. But that's the limit to what's been done.
I checked records, and a permit was pulled for the demo and
returned about 48 hours ago.
THE COURT REPORTER: May I have your name, please?
MR. MARTINDALE: I'm sorry, for the record, Ronald
Martindale, Code Investigator.
CHAIRMAN LEFEBVRE: Any other questions?
MR. KRAENBRING: I just say that we've had these cases
before. We will impose the fine. Obviously they pulled the permits,
they get the work done and they'll come back for abatement of the fine
once the work is done.
CHAIRMAN LEFEBVRE: Did you make a motion?
MR. KRAENBRlNG: I'll make a motion we impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
MR. DEAN: I'll second the motion.
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CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes. Thank you very
much.
MR. MARTINDALE: Thank you.
CHAIRMAN LEFEBVRE: Next case will be BCC versus J.
Peaceful, L.C.
(Speakers were duly sworn.)
MS. WALDRON: And there are some updates here to your
executive summary on this one as they've come into compliance.
This is in reference to Code Enforcement Case No. 2007060387.
F or the record, the respondent is present.
On March 27th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order, and that order is attached
for your review.
The respondent was found in violation and the respondent has
complied with the board's orders from August 22nd, 2008.
At this time, the county is recommending imposing a lien for the
fine at a rate of$150 per day for the period between May 27th, 2008
to January 16th, 2009 for a total of235 days in the amount of$35,250.
Operational costs of 398.70 have not -- have been paid.
The total requested lien amount is $35,250.
CHAIRMAN LEFEBVRE: When did it come into compliance?
MR. SNOW: On January 16th of this year, sir.
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CHAIRMAN LEFEBVRE: Is that why the change is from
36,150 to 35, ISO?
MS. WALDRON: That's correct.
CHAIRMAN LEFEBVRE: Thank you.
Any questions?
MR. KRAENBRING: Without rehearing the entire case, what
was the crux of this? I just can't recall it.
MR. SNOW: Sir, it was a sign without a permit. And just let me
-- for the board, if I could have a moment of your time.
I have been in contact with the respondents from time to time.
And this was a case where the business was under extreme financial
burden, as we all know the estate of the economy. And during my
conversations with them, they would have rather kept employees than
get the sign. He understood, his wife understood what the situation
was.
I did check this morning, and there is tax issues on the property
that haven't been made, so it's not that these folks didn't want to come
into compliance. It was the fact that they couldn't come into
compliance. They did what they -- when they got the receipt that they
were going to go to court again, he gave you his word here in the
courtroom that it would be done before he came back to you, and he
did do that.
I just -- the county would recommend obviously follow anything
this board would recommend. But there's extreme financial burden on
this property. And this is not the only problem they have, but they
have tried to comply.
CHAIRMAN LEFEBVRE: Go ahead, ma'am, if you'd like to
speak.
MS. CHAMI: I'm representing my husband. He went to see his
mom, who's sick.
And like Mr. Snow said, we are struggling a lot. We're trying to
keep the business running and the employee, the salary paid on time.
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So we made it. The moment we were able to make it, we made
it. So we're asking if we can be -- going without the fee, not paying
this. The fine.
MR. KRAENBRING: It's a dry cleaning business?
MS. CHAMI: We have a dry cleaning business, we have a post
office business inside, and a little bit of everything.
MR. KRAENBRING: And as I remember, if I may, that they
had some issues with getting the sign replaced. Possibly because the
company was not in business any longer or --
MS. CHAMI: One company was not -- I cannot answer all your
questions, unfortunately. I work at the post office. But I know that
there was a problem with the signage. And we --
CHAIRMAN LEFEBVRE: It was a very detailed sign. I think it
was going to be expensive--
MS. CHAMI: It was detailed --
CHAIRMAN LEFEBVRE: -- to replace it exactly as is versus a
regular sign.
MR. SNOW: That is correct. That is correct, you're right.
CHAIRMAN LEFEBVRE: I happened to go to there once --
MR. KRAENBRING: So again, they are in compliance?
MR. SNOW: Yes, sir.
CHAIRMAN LEFEBVRE: You'll make a motion?
MR. KRAENBRING: I'll make a motion that we abate the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
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MR. L'ESPERANCE: Aye.
MR. DEAN: What's the operational costs?
MR. KELLY: Already been paid.
CHAIRMAN LEFEBVRE: Has been paid, 398.70.
MR. DEAN: Okay.
MR. SNOW: Yes, sir.
For the record before we go, I would like to thank Mr. Ponte for
his service to this board. I appeared numerous times before this board
and he always had a voice of reasoning, and I for one will certainly
miss him.
MR. PONTE: Thank you very much.
MR. SNOW: I wish you very good luck, sir.
MS. CHAMI: Thank you very much.
CHAIRMAN LEFEBVRE: The fine has been abated.
THE COURT REPORTER: May I have your name, please?
MS. CHAMI: Lamia. L-A-M-I-A. Last name Chami.
C-H-A-M-I.
CHAIRMAN LEFEBVRE: And the next one will be a motion
for reduction/abatement of fines. BCC versus Jamie Lam and Don
Lee.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: Explain why you'd like to have -- do
you have to --
MS. WALDRON: Just one note, that we never -- we haven't
imposed any fines on this property, but fines were accruing, so he's
here to ask that we basically not impose the fines at this time.
CHAIRMAN LEFEBVRE: Okay. Has the -- has he come into
compliance?
MS. WALDRON: He has.
MS. O'FARRELL: Yes, the property is in compliance. He and
his wife have been in constant contact with me. They had some
troubles with standing water, which is why they weren't able to get it
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in on time.
So I definitely ask that no fines be assessed.
For the record, Susan O'Farrell, Collier County Investigator.
CHAIRMAN LEFEBVRE: That's my job, to keep you in check,
and I haven't.
MR. KELLY: Mr. Chair? I have a question about procedure. If
no fines were imposed, do we have anything to do? Or is it just up to
county not to ever bring the imposition of fines to us?
CHAIRMAN LEFEBVRE: That's a good question.
Jean?
MS. RAWSON: I'm looking to see when he was supposed to be
in compliance.
MS. WALDRON: It's one of those orders that has multiple--
MS. RAWSON: Right. He had to do a mitigation plan within
120 days.
MS. WALDRON: And he had a mitigation plan to be submitted
by January 29th, 2008, and 120 days from acceptance of mitigation
plan to install the plantings.
MS. RAWSON: Well, they're not asking that any fines be
imposed. That's an interesting theory. Ifhe's in compliance and we
haven't yet imposed fines and he met the deadline, you don't need to
abate them.
MR. KRAENBRING: So this case should be just withdrawn
from the agenda?
MS. RAWSON: Probably.
MS. WALDRON: Yeah, for clarification, the fines have been --
were running on this property, so the county can't just say the fines are
gone, you know.
MS. RAWSON: The fines are running on the property --
MS. WALDRON: The fines were running until he came into
compliance. So he did have fines. We just have not imposed the fines
at this time.
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MS. RAWSON: Okay. Well, in that case, yes, you need to enter
an order.
MR. KRAENBRING: So in effect, though, shouldn't this be --
we should have heard that the fines be imposed and then abated? I'm a
little lost on the procedure here.
MS. RAWSON: Well, what happens is we record these orders
right away, and if a deadline is missed, the fines start running. We just
don't have an order imposing them. That doesn't mean they're not
running on a daily basis.
MR. KRAENBRING: So do we need to impose the fine and
then from the county's recommendation remove it? I don't know if it's
a legal procedure.
MS. RAWSON: I think you can simply abate all the fines.
MR. DEAN: Abate. I agree.
MR. KELLY: To follow up on that question, procedurally from
here on, for all cases, we may as a board not see cases that come into
compliance just slightly after deadlines and county takes it upon
themselves to just, you know, close out the case. And they never bring
any imposition to us. Would that be a similar situation where -- or do
you have to --
MS. WALDRON: Any time a fine is assessed on a property, if
they're out of their compliance date, we bring it forward to you,
because we don't have the authority to change your order.
MS. RAWSON: That's correct.
CHAIRMAN LEFEBVRE: That's it, okay.
MR. KELLY: That's the question I was looking for.
MS. RAWSON: So whether you've actually entered an order
imposing fines or not doesn't mean the fines are not running.
MR. LARSEN: Right. So I think what we need to do is make a
motion to abate the accrual of the fines.
MR. DEAN: I agree.
MR. KRAENBRING: Let's keep it as simple as possible.
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MR. LARSEN: So I make the motion to abate the accrual of the
fines.
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those in -- any discussion, first
of all?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Motion passes.
MR. KELLY: Thank you.
MS. O'FARRELL: Thank you.
CHAIRMAN LEFEBVRE: Any new business?
MS. WALDRON: I don't know where the question about the
rules and regulations -- talk about that now?
CHAIRMAN LEFEBVRE: Go ahead.
MS. WALDRON: I have a request that any of the board
members review the current rules and regulations. If you have any
suggestions or changes that you would like to be made, if you could
bring them back to the next meeting to discuss.
CHAIRMAN LEFEBVRE: Okay. Do you want--
MR. DEAN: I'm sorry.
CHAIRMAN LEFEBVRE: Do you want to see about setting up
a workshop? Do you think that's --
MS. WALDRON: If you guys would like a workshop, we can
do that.
CHAIRMAN LEFEBVRE: Do you want to do a workshop and
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mince up the --
MR. DEAN: Workshops are good. I mean, it's very helpful and
we have new members, so it's always an excellent idea to do it.
MR. KELLY: Two points. One, I would love to see our current
rules so we could start looking at them. If you could e-mail them, they
would be wonderful.
MS. WALDRON: Sure.
MR. KELLY: And two, there was still an issue I think that was
just kind of looked over until our next review process, which this may
be it, Mr. Chairman, about the consent agenda and imposition of fines.
Or do we keep that under old business? And so far we've been keeping
it under old business, even though I think technically it says
somewhere in the rules that they're supposed to be under the consent
agenda. So maybe we should clarify that for future.
CHAIRMAN LEFEBVRE: Yeah, I thought that's the way it was
supposed to work also. And whoever was here, we would pull them
from the consent agenda. I thought that was the discussion we had.
MR. KELLY: Well, there was also discussion that there might
be situations where respondents were to come to the meeting late, not
have an opportunity to have that pulled from the consent and then
we'd have to go back to the original, undo the approval of the entire
agenda, pull theirs from the agenda and bring it up. So we've been
leaving it under old business. Maybe we should talk about that more in
detail.
CHAIRMAN LEFEBVRE: Okay. Would anyone--
MS. RAWSON: Also, the March meeting is your business
meeting, annual business meeting where you elect your chair and
vice-chair.
CHAIRMAN LEFEBVRE: Do we want to set up a meeting
between now and -- a workshop?
MS. WALDRON: I can -- I'll e-mail everyone and see when is a
good time frame for people to get together to maybe--
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CHAIRMAN LEFEBVRE: Maybe sometime next month before
our next meeting.
MS. RAWSON: I think last time didn't we do it after the
meeting? And I think that worked fine.
MR. DEAN: Yeah, I do, too. Because we're here.
MS. RAWSON: Because then everybody's got it on your
calendar. And we just had it immediately following.
CHAIRMAN LEFEBVRE: Want to plan for next -- for
February, next meeting?
MS. WALDRON: Sure.
MR. DEAN: February or March, either one.
MS. RAWSON: And my guess is that we'll probably have to go
back to code enforcement, because I'm sure they don't want us to stay
in here all day.
MS. WALDRON: We've got the room all day.
MS. RAWSON: Okay.
CHAIRMAN LEFEBVRE: Okay. So ifno one objects to next
month, we'll plan on a workshop after and it will probably be at the
Horseshoe Drive location.
MR. KRAENBRING: But we'll be here for the meeting.
MR. L'ESPERANCE: We'll be here.
CHAIRMAN LEFEBVRE: Oh, we'll be here for the meeting
and then go over to Horseshoe?
MR. LARSEN: No, no--
MS. WALDRON: No, we just stay here.
CHAIRMAN LEFEBVRE: Okay.
All right.
MR. KELLY: I'll waive notice.
MR. L'ESPERANCE: I won't. You better notify me.
MR. PONTE: I'll be watching it on television.
CHAIRMAN LEFEBVRE: George, do you waive notice?
MR. PONTE: I'll watch it on television.
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CHAIRMAN LEFEBVRE: Okay, we're going to move on.
I guess the consent agenda, we're going to pass over that.
Request to forward cases to county attorney's office.
MR. KELLY: Already done.
CHAIRMAN LEFEBVRE: Any reports?
MS. FLAGG: Let me just offer a couple of things, first. I'd like
to -- Diane Flagg, for the record -- thank Mr. Ponte for his service to
the Code Enforcement Board.
MR. PONTE: Thank you very much.
MS. FLAGG: It's been very much appreciated and you will be
missed.
Secondly, I just wanted to let the board know that the voluntary
compliance of our community members has increased as a result of
the approach that the investigators are utilizing when they're notifying
our community members of a violation. They're approaching them
from a meet and greet perspective, letting them knowing what the
concerns are, rather than immediately issuing a notice of violation.
And consequently they're finding that when they go back after a
week, that compliance has already been achieved. So then it's noted.
The second thing is that there will be a report to the BCe, the
Board of County Commissioners, next Tuesday. That will be a report
on how code enforcement department is handling the lis pendens and
foreclosures in Collier County.
I will tell you that we've put together a foreclosure team and a
process for handling properties where we verify whether the property
up front is in a lis pendens or foreclosure status or if it's owner
occupied.
If it is in lis pendens or foreclosure status, it goes to the
foreclosure folks who have established very good relationships with
the banks. And right now we have 100 percent compliance by the
banks.
Not only do we have 100 percent compliance, but the banks are
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January 22, ~01r9
giving us turnarounds within 48 or 72 hours of notification.
And what they're doing, quite a few of them, I think we're
working with 33 different banks right now. What the banks are doing
is hiring in some cases national servicing companies, and then those
servicing companies are hiring our local contractors and subbing out
the work.
So it's a system that we actually started in November and it's
been extremely successful. So we'll be providing more details to the
board on Tuesday, but I wanted to let you know about that.
MR. DEAN: Very good.
CHAIRMAN LEFEBVRE: Thank you.
Any other comments?
(No response.)
CHAIRMAN LEFEBVRE: Next meeting date will be February
26th, 2009.
And do I hear a motion to adjourn?
MR. DEAN: Motion to adjourn.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. KRAENBRING: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. PONTE: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Motion passes.
That's a motion that's never denied.
*****
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There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :03 a.m.
CODE ENFORCEMENT BOARD
,
These minutes approved by the board on
as presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 68
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Halas
Henning
Coyle
Coletta
TRANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BOARD RECEIVED
NAPLES, FLORIDA APR 1 5 2009
February 26, 2009 BaafdotCoun~Co~
LET IT BE REMEMBERED, that the 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:
VICE CHAIRMAN:
Gerald J. Lefebvre
Kenneth Kelly
Jim Lavinsky
Robert Kaufman
Edward Larsen
Lionel L'Esperance
Larry Dean
ALSO PRESENT:
Jean Rawson, Counsel for the Board
Diane Flagg, Code Enforcement Director
Jen Waldron, Code Enforcement Supervisor
Misc. corres:
Date:__
item #:___,_.__..____
Page 1
to
v ..,_""",,....,., o.".."~,,_~",'.r, ..............__'u_,_"
~~ -
FJ~ l, M
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board of Collier County. It is February 26,2009. Notice: The
respondent may be limited to 20 minutes for case presentation unless
additional time is granted by the board. Person -- persons wishing to
speak on the agenda item will receive up to five minutes unless time is
adjusted by the chairman.
All parties participating in a public hearing are asked to observe
Roberts 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 include the testimony evidence upon which the appeals
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. Edward Larsen.
MR. LARSEN: Present.
MS. WALDRON: Mr. Kenneth Kelly.
MR. KELLY: Here.
MS. WALDRON: Mr. Larry Dean.
MR. DEAN: Here.
MS. WALDRON: Mr. Lionel L'Esperance.
MR. L'ESPERANCE: Present.
MS. WALDRON: Mr. Robert Kaufman.
MR. KAUFMAN: Here.
MS. WALDRON: And Mr. James Lavinsky.
MR. LA VINSKY: Here.
CHAIRMAN LEFEBVRE: And, just for the record, all members
will be full voting members.
Page 2
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Fla~(iU
Approval of the agenda. May I have a motion?
MR. DEAN: I'll make a motion to approve the agenda.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKY: Second.
CHAIRMAN LEFEBVRE: Any comments, discussion?
MR. KELLY: Do we have any changes that need to be entered
into the public record?
CHAIRMAN LEFEBVRE: Yes, we do.
MS. WALDRON: Immediately after the approval of the agenda,
we'd like to add an item for appointment of the vice chair.
Under motions Item 4-A, request for continuance, we would like
to move C-5 under hearings, BCC vs. Kenneth C. Hill and Elizabeth J.
Lefebvre-Hill, Case No. 2007100809. Also, under continuances we
would like to move No. C-6, BCC vs. Roger Carter,
CESD20080002827.
Under stipulations, which is 4- B, we would like to move items
under hearings No. C-1, BCC vs. Brian and Dara Gorman, Case No.
CESD20080008567; No. C-3, BCC vs. Lloyd Bowein, Case
CESD2008000773 7; C-8, BCC vs. Sarah Barrera, Case
CESD20080005775; and C-9, BCC vs. Reinhard Marton, Case CESD
20080010163. And, additionally, we have C-4 will also be moved
under stipulations, BCC vs. Pedro Cruz, Case CESD20080007554.
CHAIRMAN LEFEBVRE: Do I hear a motion now?
MR. L'ESPERANCE: Move to accept the changes.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that.
CHAIRMAN LEFEBVRE: Any discussion? Go ahead.
Anything?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
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MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Motion passes.
And, just for the record, Richard Kraenbring, who was a full
member, decided to resign between last meeting and this meeting and
he was the vice chair. So we will have to appoint a vice chair today.
I'd like to nominate Ken Kelly for vice chair.
MR. L'ESPERANCE: I'd like to second that.
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVER: Any nays?
MR. DEAN: I was going to ask for discussion, but I'll pass on
that. That's fine.
CHAIRMAN LEFEBVRE: Would you -- okay. Motion passes.
MR. KELLY: Thank you.
CHAIRMAN LEFEBVRE: And we're going to move on to
public hearings. And the first one will be a continuance for Kenneth
C. Hill and Elizabeth J. Lefebvre-Hill, CEB No. 2007100809. And,
just for the record, Elizabeth Lefebvre even though the spelling's the
same and there's not many of us, there is no relation to myself and her.
MR. DEAN: How do we know there's--
CHAIRMAN LEFEBVRE: Trust me.
MR. DEAN: Okay.
Page 4
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CHAIRMAN LEFEBVRE: If I can have the parties sworn in,
please.
(The oath was administered.)
MR. MOYER: Yes, I do.
MS. SORRELS: Yes, I do.
CHAIRMAN LEFEBVRE: Go ahead, sir. If you can state your
name, please.
MR. MOYER: My name Jim Moyer. I'm a general contractor to.'
hired by these people, and I'm here to just give you what -- what you
need.
MR. L'ESPERANCE: Sir, who hired you, the names?
MR. MOYER: Betty -- Betty Hill is -- Betty Hill is the wife of
Ken. I do have a letter with a notarized statement authorizing me to
come to the board today.
CHAIRMAN LEFEBVRE: Is Betty short for Elizabeth?
MR. MOYER: Yes, it is.
CHAIRMAN LEFEBVRE: Would you like to enter that into the
record, that letter?
MR. MOYER: Yes.
CHAIRMAN LEFEBVRE: Okay.
MR. KELLY: I make a motion to accept the letter.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. LAVINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Go ahead.
Page 5
I _,......_~____...____-..-",-.-,,_...,~~~_~._~,"~_""'.......__~.,~"'_
MR. MOYER: How do I do that? Thank you.
MS. WALDRON: Uh-huh.
MR. KELLY: Thank you, Mr. Chair.
Mr. Moyer, how long do you think it's going to take to complete
all of the work in order to come into compliance?
MR. MOYER: What -- what I thought I'd do is give you a little
background of where we are today.
MR. KELLY: That would be great. Thank you.
MR. MOYER: Where we are today is that she is expressing an
interest to hire me over a year ago and she didn't have the funds
available to do that. She has contacted me about three or four weeks
ago again indicating that she wanted to proceed with the process to
bring the property up to code.
So since then we have come to an agreement on what my fees
would be and how I'd proceed to do this. I have initiated a land
surveyor to go out and survey it. We have a copy of that now. I have
hired a structural engineer also to make sure that the structures meet
wind code.
We have a couple situations on the property that are -- I don't
think they're unique to this area, but I know that she has made some
steps in helping clean up the area. I think that there were some trailers
on the property, some fences that wanted -- as there wanted to be
removed. She has done that. And now this is, in my opinion, the final
step to do that.
To answer your question how long will it take, I believe I think
that there was a 60-day continuance. We'll be finished before that
time.
MR. KELLY: Okay. Thank you.
CHAIRMAN LEFEBVRE: Any other questions from the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion for continuance?
MR. KAUFMAN: I'll make a motion that we continue it.
.F ebruary~, 200~
16 rIA 4
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February 26, 2009
16 /1 A ~ '
CHAIRMAN LEFEBVRE: For how long?
MR. KAUFMAN: Sixty days.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: And a vote -- and a vote, please. All
those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. SORRELS: Thank you, gentlemen.
MR. MOYER: Thank you.
MS. WALDRON: Mr. Chair, can we go back for one second. I
think we skipped the approval of the minutes.
CHAIRMAN LEFEBVRE: Do I hear a motion to approve the
minutes?
MR. KELLY: Motion to accept the minutes.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
Page 7
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
The next motion of continuance will be Roger Carter, Case No.
CESD200080002827.
CHAIRMAN LEFEBVRE: Will you please swear in the parties.
THE COURT REPORTER: Raise your right hands.
(The oath was administered.)
MR. CARTER: Yes.
MR. GOMEZ: I do.
THE COURT REPORTER: Please identify yourselves.
MR. GOMEZ: Carmello Gomez, Collier Code Enforcement.
MR. CARTER: Roger Carter.
CHAIRMAN LEFEBVRE: Go ahead, sir. Usually we require a
letter ahead of time stating that you would like a continuance, but I
understand that you spoke to the investigator and --
MR. CARTER: Yes, sir.
CHAIRMAN LEFEBVRE: -- would like to continue. Go ahead
if you can explain.
MR. CARTER: We're at the last stages. We actually have -- the
fence have been taken care of, the sheds been taken care 0:[, and the
structure that had been there since an addition to the house was done
in the '70s, I've owned the residence since '89 -- '89.
So Mr. -- I've acquired the services of now it's Disney, Disney
Associates, and we've submitted all of our documentations, the plans.
We have a permit application and I would think it would be completed
in the next 60 days or so should have all -- it's already been through
February 26, 2009
...
16 ri~ 4
Page 8
February 26, 2009
review at the, you know, the building inspectors and so we should be ..
ready to go. I 6 r" A ·
CHAIRMAN LEFEBVRE: Is that correct? 1 4
MR. GOMEZ: Yes, it is, sir.
MR. DEAN: Question. Is anybody living in the space that
you've improved?
MR. CARTER: Not at this time, sir.
MR. DEAN: Thank you.
MR. CARTER: Well, and I would like to say for the record, I
didn't improve it so...
MR. DEAN: I just asked if anybody's living in the space --
MR. CARTER: Okay.
MR. DEAN: -- that was improved.
MR. CARTER: Okay. I thought you said --
MR. DEAN: And you said no?
MR. CARTER: No, sir.
MR. DEAN: Thank you.
CHAIRMAN LEFEBVRE: Any other questions of the board?
MR. KELLY: Just real quick.
Sir, you said that it would take you about 60 days to get the
permit and so forth. Will that also be enough time to complete any
work that needs to be done without seeing this.
MR. CARTER: There -- it's -- it's my understanding I received
an e-mail from Mr. Disney that there will be no further work required,
that the structure as built -- when it was built in the '70s meets all the
code that it was required. I had certified letters from an electrician, a
plumber, a structural engineer. Plans have all been submitted and the
actual -- the room with a bath is actually livable space. It met fire
code. It's been signed and sealed and certified.
MR. KELLY: Okay.
MR. CARTER: All that document's been turned in. So it's
actually -- it meets the code at the time that it was constructed and
Page 9
actually is in, you know, really good shape.
CHAIRMAN LEFEBVRE: So all it would require to be pulled
is the after-the- fact permits --
MR. CARTER: That's -- that's exactly what--
CHAIRMAN LEFEBVRE: -- and inspections an so forth?
MR. CARTER: The inspections have been done. We did it all
by builder affidavit. So I'm waiting for -- and I actually got an e-mail
or a confirmation from Mr. Disney from the county that the permit -- I
know Mr. Gomez says it's in process because I think there's a--
whatever the impact fees are going to be, but the actual permit itself
has been approved because all the inspections because we did it
through contractors are complete.
CHAIRMAN LEFEBVRE: Okay.
MR. GOMEZ: The permit for the chain link fence has been
issued, not CO'd yet. And the permit for the enclosed screen porch
with the bath area is in the apply status.
MR. KELLY: In that case, I'll make a motion to grant a 60-day
continuance.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LAVINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
Feibl'l114
Page 10
. ie~rurYt4ru>
CHAIRMAN LEFEBVRE: MotIon passes. That'll be 60 days.
MR. CARTER: Thank you, gentlemen.
CHAIRMAN LEFEBVRE: Thank you.
We're going to move on to motion for extension of time. BCC
vs. Marek and Lenka Okenkova. I had problems with that last time.
CEB No. CEVR20080003423.
THE COURT REPORTER: Raise your right hands.
(The oath was administered.)
MS. PEREZ: Yes, I do.
MR. OKENKOV A: Yes, I do.
THE COURT REPORTER: Please identify yourselves.
MS. PEREZ: Code Enforcement Supervisor Christina Perez.
MR. OKENKOV A: Marek Okenkova, the owner.
CHAIRMAN LEFEBVRE: All right. You're looking for
extension of time, sir?
MR. OKENKOV A: Yes, I do.
CHAIRMAN LEFEBVRE: Okay. Can you explain the reason
for your extension -- for your extension.
MR. OKENKOV A: The reason for my extension of the time is I
am applying for the agriculture exempt for my property. So I'd like to
have notice of reaffirmed use of my land. And -- and as far as
mitigation plan which I was asked -- which I was asked to do, that
kind of falling to -- to -- to approval for that agriculture exempt. So
that's why I'm asking for--
CHAIRMAN LEFEBVRE: When did you apply for the
agricultural exemption?
MR. OKENKOV A: It was January.
CHAIRMAN LEFEBVRE: And how long did it take?
MR. OKENKOV A: The first inspection is going to be beginning
of March.
CHAIRMAN LEFEBVRE: How long does it take, the process,hoverall ?
Page 11
iegurI2,24~
MR. OKENKOV A: That is up to the Collier County appraisal
office. So I believe what I would like to ask for 90 days.
CHAIRMAN LEFEBVRE: Okay. We gave you 90 days back
in, was it October meeting, October 31st; correct? We gave you 90
days at that point. The question I have for you, Why did you let
roughly 45 days or so, or actually more than that, 60 days before you
decided to do your agricultural exemption or apply for it knowing that
you had a time frame here?
MR. OKENKOV A: I was going to go ahead and do a mitigation
plan. I had difficulties with -- with the officer coming on to my site to
look at the -- the -- the -- the inspections which have been done. And
then also I had very much of difficulties to get anyone to do a
mitigation plan for me.
I was asked to go to Yellow Pages. There is ten different
companies who are environmental services. Calling several of them,
five of them are not in the business anymore. And I have been to find
only the one which -- which is -- which is for me a little unfair
because I have no one else to go to. So I guess they can do whatever
they want me to with the fines -- with the fees.
So the -- the problem was it was short period of time to get that,
but then also if I knew I'm going to have a farm exempt, then that --
that's why I asked for that period of time.
CHAIRMAN LEFEBVRE: Any questions of the board?
MR. KELLY: Sir, did -- did you make any effort to remove the
berm?
MR. OKENKOV A: Yes, they've been done right away . Yes,
they are done.
CHAIRMAN LEFEBVRE: Any other questions?
MR. LARSEN: What's the county's position?
MS. PEREZ: The county has no position.
MR. LARSEN: What kind of work has been done out at the site?
MS. PEREZ: He did remove the berms. The berms were
Page 12
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removed back in December. So that was done a few days short of the
deadline, but he did complete the -- the removal of those berms.
MR. LARSEN: Has he been cooperative?
MS. PEREZ: Yes, he has.
MR. LARSEN: All right.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I make a motion to extend the time for 90 days.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. PEREZ: Thank you.
CHAIRMAN LEFEBVRE: You've got 90 more days.
MR. OKENKOV A: Okay.
CHAIRMAN LEFEBVRE: The next case will be BCC vs. Jamie
and Demarys Oliva, CEB No. 2006090513. And do we want to put
these together?
MS. RAWSON: Yes, but we have to do two orders so...
CHAIRMAN LEFEBVRE: Okay.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
Page 13
II'
16bJut 1~~~
MS. O'FARRELL: Yes.
MS. OLIVA: Yes.
THE COURT REPORTER: Please identify yourselves.
MS. O'FARRELL: Susan O'Farrell, Collier County
Environmental Specialist.
MS. OLIVA: I'm Demarys Oliva.
MR. OLIVA: Jaime Oliva.
CHAIRMAN LEFEBVRE: You're looking for an extension of
time?
MS. OLIVA: Yeah. Well, I'm here today because we need an
extension of time. I'm asking for 90 days to plant some trees that we
plant a couple of months behind and were killed by the cool weather
and I need to replant the trees again. I think 90 days going to be fine
when the rainy season come in. So if I plant on that time, I think
they're going to surviving because are small plants, like, three gallons.
MR. KELLY: I have a question.
Do you have any irrigation or sprinkler system to these plants?
MS. OLIVA: Well, we got -- we don't have those, but we got a
big -- we got a truck with a -- with a big tank. Then we water every
week, once a week, because we plant, like, 58 slash pines. Those are
big, like, I will say those are really high and those survive, but the
small plants that were, like, (inaudible), they were, like, really small
like three gallons and then we planted on time, but the cold weather
kills them.
MR. KELLY: The reason why I'm asking you is because you
had just said that you were hoping that rainy season would come to
help the survivability, but 90 days only takes you to the start of June.
And, typically, the rainy season doesn't start until mid-June, late June.
I'm just suggesting to the board maybe just -- maybe another month if
that's the case. If that's --
MR. LARSEN: I concur because basically, you know, this
whole, you know, exercise about survivability and that, you're right.
Page 14
..
It.. I
1~2~49 ~
We're not going to get any significant rains until the end of June at
least. So even though they're only requesting 90 days, I think they
should reconsider and ask for a bit more time.
MR. KELLY: I'd also like to hear from Susan.
MS. O'FARRELL: We have no objection to any extension that
they ask for. I would suggest 120 days.
MS. OLIVA: One hundred and twenty days, well, I think it's
better, yeah.
MR. KELLY: Okay.
CHAIRMAN LEFEBVRE: Any other questions from the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I move to grant an extension of time of 120
days.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Motion passes.
MS. OLIVA: Thank you.
MS. RAWSON: Is that on both cases?
CHAIRMAN LEFEBVRE: Just on the first one.
MS. RAWSON: Okay. Because we probably need to have a
separate vote on the second one.
CHAIRMAN LEFEBVRE: Right. You're right.
And the next case will be BCC vs. Jaime and Demarys Oliva.
Page 15
"
1 ~e!~ 2A,ltPoJ
.
:
MS. OLIVA: Well, yeah.
CHAIRMAN LEFEBVRE: CEB -- let me do so again. CEB No.
2007080436. And is it --
MS. OLIVA: It's going to be the same. They are four properties
and two property were where we're cleaning and those properties are
together. So if we got the same time, it's going to be fine, I think so.
CHAIRMAN LEFEBVRE: Okay.
MS. OLIVA: We will have --
MR. LARSEN: I make a motion we grant an extension of time
of 120 days.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All right. Can I have a vote. All
those in favor?
MR. LAVINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. OLIVA: Thank you.
CHAIRMAN LEFEBVRE: Thank you very much.
MS. WALDRON: Mr. Chair, we also received another
stipulation agreement.
CHAIRMAN LEFEBVRE: Okay. And which case is that?
MS. WALDRON: That will be C-2 under hearings, BCC vs.
Page 16
Raymonde and Bolomin Charles.
MR. KELLY: I make a motion that we amend the agenda to
allow the stipulation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
We're going to move on to stipulations. And the first stipulation
is for Brian and Dara Gorman, C -- CESD20080008567 case number.
THE COURT REPORTER: If you'll raise your right hands.
(The oath was administered.)
MR. MUSSE: Yes.
MR. GORMAN: Yes.
THE COURT REPORTER: Please identify yourselves.
MR. MUSSE: Jonathan Musse, Collier County Code
Enforcement. Last name is M-u-s-s-e.
MR. GORMAN: Brian Gorman.
CHAIRMAN LEFEBVRE: And just give us a minute or two to
read the stipulation.
MR. KELLY: Mr. Gorman --
MR. GORMAN: Yes.
..
Fe~~....6)?9
16111\,+ '
Page 1 7
Fe9ruary 26.2009
1 b I ~1 A J.
MR. KELLY: Mr. Gorman, I have a real quick question. It say?
here that your dock has electrical power to it.
MR. GORMAN: Yes.
MR. KELLY: And my concern is that, obviously, with electric
that has not been inspected there's a risk of hazard. How long has the
dock been there with electric service and is there any way that
temporarily, at least, until you do get your inspections approved
there's a way to maybe flip the breakers so that the electricity doesn't
flow to those outlets.
MR. GORMAN: I've owned the house since 2003. The dock
been there since 1995. I've made no changes to it since.
MR. KELLY: Okay. It was just a suggestion maybe, but if that's
-- if it's been there that long, I don't think it's going to be an issue.
Thank you.
MR. LARSEN: I have a question. It's signed by a Patrick White
MR. GORMAN: Yes.
MR. LARSEN: -- is that correct?
MR. GORMAN: Patrick got called away on family emergency.
I -- I wasn't even supposed to attend today. Jonathan had called me,
asked me to attend just to appear. I've been -- I've been trying to deal
with this situation for five years, four years.
CHAIRMAN LEFEBVRE: Patrick White is your --
MR. GORMAN: My attorney.
MR. LARSEN: Oh, okay.
CHAIRMAN LEFEBVRE: And are you just waiting to get
inspections? Is that pretty much -- or permits?
MR. GORMAN: Waiting for permits. We had -- no. There was
an easement that had to be -- the dock that was in existence come to
find out, Jonathan pointed out that there was an easement and so the
dock couldn't be permitted. So the whole process of moving that
easement is where we're at now. The easement's been moved. It's--
Page 18
16 I Ii A 4
February 26, 2009
and now it's just a matter of getting the permit.
CHAIRMAN LEFEBVRE: You applied for the permit?
MR. GORMAN: Patrick has all the paperwork. I don't know
anything about applying for permits so Patrick has all of that. He's got
the information. He says about 80 percent done. He's got a couple
minor issues to straighten out with the permits and go forward from
there.
CHAIRMAN LEFEBVRE: Typically how long does it take
once a permit is applied for in a case like this?
MR. MUSSE: I cannot say because this is -- this is a special--
cause usually, I mean, from what Patrick White says, you can apply
for the permit and pretty much it's a Permitting and Building
Department as far as when he can get the inspections. The dock is
completed.
CHAIRMAN LEFEBVRE: Right.
MR. MUSSE: So all it has to be is inspected. So, as he said,
Patrick White is about 80 percent done to apply for the permit. So it
shouldn't be long, but they requested 120 days just to be safe.
CHAIRMAN LEFEBVRE: Okay. Mr. Kelly.
MR. KELLY: Investigator, do you know if there was any
environmental part of that permit application?
MR. MUSSE: I believe there was some issues with the
mangroves and I think that was resolved already.
MR. GORMAN: The issue -- the issue with the mangroves from
my understanding is that the easement is an environmental easement.
The easement was on the -- on the -- is actually out in the water. It
doesn't belong there. It belongs at the rip rap where the mangroves
grow. That's where we had to move it to. Now the dock is out in--
the dock is where it belongs. The easement's where it belongs. And
hopefully environmental sees that. That's -- five years ago, four years
ago I applied for a permit through three different contractors and none
of them could get the permit.
Page 19
1 gbPr j6r2009
So I wanted to rebuild the dock and put a new dOck up. I ha~ --'I
stopped working on it because I had no success. Didn't -- nobody
knew why we weren't getting the permit, but now since I've hired
Patrick, the attorney, we found out -- we found out why I wasn't able
to get a permit passed to redo the dock. I didn't know. I wasn't aware
that the dock was never permitted until Jonathan came along.
CHAIRMAN LEFEBVRE: Okay. Jennifer, can you see ifhis
mic is on. I'm not sure if it is or not.
MR. GORMAN: Hello.
MR. KELLY: Okay.
CHAIRMAN LEFEBVRE: All right.
MR. KELLY: In that case, I'll make a motion to accept the
stipulated agreement.
MR. LARSEN: I second that motion.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
The next case will be -- will be Bowein, Lloyd Bowein, CES
number -- CESD20080007737.
THE COURT REPORTER: Raise your right hand.
(The oath was administered.)
MR. BUSSE: Yes.
\
I
I
Page 20
MR. BOWEIN: Yes.
THE COURT REPORTER: Please identify yourselves.
CODE ENFORCEMENT OFFICER: Jonathan Busse, Collier
County Code Enforcement.
MR. BOWEIN: Lloyd Bowein.
CHAIRMAN LEFEBVRE: We're just going to take a minute or
two to read the stipulated agreement.
Has everyone -- everyone read it?
(No response.)
CHAIRMAN LEFEBVRE: Any questions from the board?
MR. L'ESPERANCE: What's the county's recommendation?
MR. BUSSE: Excuse me?
MR. L'ESPERANCE: The county has no objection to this?
MR. BUSSE: Not at all.
MR. LARSEN: Let me ask a question. This is a rather large
structure. Is this for personal use or for commercial purposes?
MR. BOWEIN: It's a hydroponic setup and it's sort of
experimental. It's really neither one. We do sell. We do sell some of
the tomatoes, but it's basically an experiment to -- you know, it's not a
commercially viable entity. You know, it's just we're experimenting
with hydroponic gardening. Probably -- and if it works out good,
move it to a farming location, but the growing is not the issue.
It's the 4-by-4s with the shade clothe stretched over it is the only
thing that's the subject of the permitting. And they weren't even sure
how to permit it. That's why it took me awhile to finally apply.
Actually, the pertinent application is under pole barn. That's the only
application they had that came close.
CHAIRMAN LEFEBVRE: And this is in Naples Park; correct?
MR. BOWEIN: Correct. And the permit has been applied for. I
checked on-line. And because I had talked with them about how to
apply for it and it passed one part. It was rejected on technical
something. So it probably means I need to resubmit a drawing which
FeW;uary 26, ')009 ,
16111A4
Page 21
Ff5~~04
will be done. I should have the letter today. They say it takes two
days and then I'll correct whatever they need to correct. So the
permitting should be completed hopefully -- I don't know. They're not
as busy as they used to be so they'll probably get it done a little bit
quicker. So hopefully I'll have the permit and then all it needs is
inspections. And I think that can easily be done within the 60 days.
CHAIRMAN LEFEBVRE: Do you see that this structure will
get permitted and CO'd?
MR. BUSSE: This one I've never seen --
CHAIRMAN LEFEBVRE: Okay.
MR. BUSSE: -- a structure like this get permitted. I was really
shocked that he actually was able to get a permit for it, but from -- I
was speaking to Cara Stature (phonetic) from building and permitting
and, yeah, they say it's permissible.
CHAIRMAN LEFEBVRE: Okay. Any others?
MR. KAUFMAN: I just want to make a motion that we accept
the stipulation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
MR. KELLY: Just that, you know, if there is any issues of the
permit, maybe the respondent can come back and let us know ahead of
time before the 60 days expires. This is a precarious situation. I'm
with the inspector. We've never seen this before and I'm just thinking
there may be some kind of issue that comes up in the learning process.
CHAIRMAN LEFEBVRE: Right. And being that it's in Naples
Park too.
MR. KELLY: If you do run into a situation --
MR. BO WE IN : Right. I'll let John know immediately if I run
into any problems, but I think it's a -- probably a minor technical
thing. Because I just had hand-up drawings. They told me I didn't
need engineering drawings because there's no structure.
Page 22
February 26, 2009
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-~ ,.'....
MR. KELLY: That's the only comment I had.16 I' 1 ~ 4
CHAIRMAN LEFEBVRE: Okay. All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. BOWEIN: Okay. Thank you.
CHAIRMAN LEFEBVRE: The next stipulation will be Barrera,
Sara Barrera, CEB No. CESD20080005775.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MS. RODRIGUEZ: I do.
MS. BARRERA: I do.
THE COURT REPORTER: If you'll please state your name and
spell your last name.
MS. RODRIGUEZ: Maria Rodriguez, R-o-d-r-i-g-u-e-z.
THE COURT REPORTER: Please state and spell your last
name.
MS. BARRERA: Spell the last name? B-a-r-r-e-r-a, Sara,
S-a-r-a.
MS. VALLADARES: Alma Valladares.
CHAIRMAN LEFEBVRE: You might want to pull the mics
closer to you when you're talking. We're just going to take a minute
or two to read the stipulated agreement.
Has everyone read the stipulated agreement?
(No response.)
J
~s
Page 23
rS1a1 ~4C
CHAIRMAN LEFEBVRE: Any questions from the board?
(No response.)
CHAIRMAN LEFEBVRE: And you agreed to the stipulated
agreement here?
MS. VALLADARES: Yes.
MR. KELLY: If maybe it pleases the board to see if maybe this
is being occupied now and if it is --
CHAIRMAN LEFEBVRE: That would be a question.
MR. KELLY: Is the area that was converted is somebody living
in that now?
MS. VALLADARES: Yes.
MR. KELLY: The concern of the board typically or at least my
personal concern would be if you didn't get the inspections, would
safety hazards exist? And granting this extension of time to get these
things fixed up, we wouldn't want anything to happen, you know, in
that time frame. Is there any way that you could not live in or occupy
that room until all the inspections were passed?
MS. VALLADARES: Yes. Yes.
CHAIRMAN LEFEBVRE: What needs to be done to get a CO
at this point?
MR. L'ESPERANCE: Maybe from the county.
MS. RODRIGUEZ: They applied for a variance. I don't know if
they're going to grant it because they're encroaching, but I believe
they're supposed to go -- I think, do you have an appointment, right,
for the county commissioner? Because they're asking for $5,000 for
the variance and they can't afford it. So I think she said next week
they have an appointment to go with them to see if they would drop
the fees. After the variance goes in, I don't know if they're going to
approve it because they're encroaching quite a bit.
CHAIRMAN LEFEBVRE: Right. And even if they do get a
variance, there are still going to be impact fees; correct?
MS. RODRIGUEZ: Yes.
.
Page 24
Ft6atf'1f1t . .
CHAIRMAN LEFEBVRE: Even though now it's going to be
living space?
MS. RODRIGUEZ: Yes.
MR. KELLY: My concern here is it was once an open carport;
correct? So now they've built walls, added electric.
MS. RODRIGUEZ: There was a wall on one side of it.
MR. KELLY: Right.
MS. RODRIGUEZ: And they enclosed the other two sides.
MR. KELLY: And electric?
MS. RODRIGUEZ: And electric.
MR. KELLY: Any plumbing?
MS. RODRIGUEZ: No, no plumbing.
MR. KELLY: I'm just concerned about the electric.
MR. LARSEN: If I may, which one is Sara?
MS. BARRERA: (Indicating.)
MR. LARSEN: All right. Sara, you own the house?
MS. BARRERA: Yes.
MR. LARSEN: Okay. And did you buy it this way or did you
make the carport into a bedroom?
MS. BARRERA: No. I -- we made it.
MR. LARSEN: Okay. Understand that basically if you enter
into this agreement and you don't do what they say, there are fines
associated with your noncompliance; do you understand?
MS. BARRERA: Yes.
MR. LARSEN: Okay. And the discussion here is whether or not
you're going to be able to get it permitted, which means make it legal,
or if you can't, then basically you've got to restore it to the way it was;
do you understand that?
MS. BARERRA: Yes.
MR. LARSEN: Okay. All right. And you're comfortable
entering into this agreement? You fully understood everything that
was contained in here? And you know that basically you've got 120
Page 25
days and, ifnot, it's $200 per day?
MS. BARRERA: Okay.
MR. LARSEN: All right?
MS. BARRERA: Yes.
MR. LARSEN: So do you have a timetable? Are you working
with somebody to help you work your way through the system?
MS. BARRERA: Yes.
MR. LARSEN: All right. And you're pretty comfortable that
you're going to be able to accomplish this within the 120 days one
way or the other?
MS. BARRERA: Yes.
MR. LARSEN: All right.
MR. KAUFMAN: When did you say the meeting was with the
county?
MS. RODRIGUEZ: I think she said next week was --
MS. BARRERA: Wednesday.
MR. LARSEN: Okay. Well, I make the motion to approve the
stipulation as presented. by the county and by the respondent.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
MR. DEAN: I just have one problem with occupying the master
bedroom with electrical so -- so I would be against that. So some way
or another she cannot live in that space. That's my opinion.
MR. L'ESPERANCE: We need to modify the stipulation
agreement. Jean?
MS. RAWSON: You can ask her if she will agree with that and,
then, maybe they can go out in the hall and redo the stipulated
agreement.
MR. L'ESPERANCE: She's verbally agreed to that already.
MS. RAWSON: Then we would have to modify it, yes.
CHAIRMAN LEFEBVRE: And would we have to modify our
Februal{' 26..20G9
1611 A4'e
Page 26
F ebfl}il~26, ~~
lollA4
motion to include that?
MS. RAWSON: Yes.
CHAIRMAN LEFEBVRE: Okay. The -- first, if you could
modify your --
MR. LARSEN: Sure. I'll modify the motion to prohibit
occupancy of that -- of that converted carport, you know, until it's
permitted.
CHAIRMAN LEFEBVRE: Until it's CO'd?
MR. LARSEN: Until it's CO'd. To be occupied as a master
bedroom until it's CO'd.
CHAIRMAN LEFEBVRE: And the second, do you amend your
second?
MR. L'ESPERANCE: Yes. Yes. I agree to that. Second.
MR. LARSEN: Do you understand that your stipulation has now
been changed so that basically you can't sleep in that -- in that
converted carport until you get a certificate of occupancy to use it for
a bedroom?
MS. BARRERA: Okay.
MR. LARSEN: Do you understand that?
MS. BARRERA: Yes, sir.
MR. LARSEN: And you agree to that?
MS. BARRERA: Yes.
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: What we're going to do prior to your
leaving, you're going to -- they're going to change it and you're going
to have to sign the amended one. Okay?
MS. BARRERA: Okay.
CHAIRMAN LEFEBVRE: All right. With a motion, a second,
and no more further discussion, do I hear a vote. All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
Page 27
February 26, 2009
MR. L'ESPERANCE: Aye. 16 I 1 R 4 .
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. BARRERA: Okay. Thank you.
CHAIRMAN LEFEBVRE: The next case will be Reinhard
Marton. And the CEB number is CESD20080010163.
THE COURT REPORTER: Raise your right hand.
(The oath was administered.)
MR. KEGAN: I do.
MR. MARTON: I do.
THE COURT REPORTER: State your names and spell your last
name.
MR. KEEGAN: Thomas Keegan, K-e-e-g-a-n.
MR. MARTON: Reinhard Marton, R-e-i-n-h-a-r-d, M-a-r-t-o-n.
CHAIRMAN LEFEBVRE: We'll take a minute or two to read
the stipulated agreement.
Has everyone read the stipulated agreement?
(Board indicating.)
CHAIRMAN LEFEBVRE: Good. And you have agreed to this
stipulated agreement.
MR. MARTON: Yes, I have.
CHAIRMAN LEFEBVRE: Very good. Any questions of the
board?
MR. DEAN: What's the use of the 15-by-10?
MR. MARTON: It's on one side are the electrical and there's
plumbing. That was never touched, that one wall. And it's storage is
really all the rest of it is. It's just an entryway from the back of the
house. There had been a room there from the previous owner, and the
Page 28
February 26, 2009
.,
termites had pretty much taken care of most of it. 16 I rtn 4 '
CHAIRMAN LEFEBVRE: Have you inspected a new or have
you been inside the new structure?
MR. KEEGAN: My initial site visit, that's as far as we went in
this case. I cited him for the un-permitted removal and then I cited
him also for the structure rebuilt.
CHAIRMAN LEFEBVRE: Uh-huh. But what I'm saying, have
you been inside that new structure? Is it being used as storage or--
MR. KEEGAN: I haven't been in there lately, no. We've had--
CHAIRMAN LEFEBVRE: Have you been in there at all is what
I'm --
MR. KEEGAN: Yes. Yes. Yes. That's what it was being used
for.
CHAIRMAN LEFEBVRE: So it is being used as storage and
electrical panel like he described?
MR. KEEGAN: Yes, sir.
CHAIRMAN LEFEBVRE: Okay.
MR. LARSEN: The concern is there -- it's not living quarters, is
.t?
1 .
MR. MARTON: No.
MR. LARSEN: And it's just off the back of the house?
MR. MARTON: It's at the back of the house, an entranceway
where there's also a washer and dryer in there and the electrical box,
the hot water heater. That's all.
MR. LARSEN: What's -- what's the structure consist of? Is it
wood 2-by-4s?
MR. MARTON: The replacement walls are -- my nephew and a
roommate of his had put -- put it together. According to them it was
very -- it was -- they feel it was code. I -- I -- I don't know for sure,
unfortunately. I've had a tenant in there and I'm in the process of an
eviction process with them. It had gone -- gone to the court today and
we should have a writ of possession today. The sheriff will let us in
Page 29
F ebru~ry 26, 200Q
there next week is what I'm told. 16 I '1 ' .~ 4 . .
MR. KEEGAN: I have a photo if you guys would like to see it.
CHAIRMAN LEFEBVRE: We're not here I don't think to hear
testimony.
MR. KEEGAN: That's fine.
MR. LARSEN: And you're pretty comfortable with being able to
obtain the necessary permits and certificate of completion within 60
days?
MR. MARTON: Absolutely.
MR. LARSEN: All right. Because you know the penalty is $200
per day should you be unable to achieve some kind of, you know,
permits and inspection and certificate of completion by then?
MR. MARTON: I've hired a local contractor, general contractor.
MR. LARSEN: All right.
MR. MARTON: He seems to feel 60 days will work.
CHAIRMAN LEFEBVRE: Is there anything in here that if the
structure isn't -- cannot be permitted, that it be removed? I don't see
that.
MR. KEEGAN : Well, it's obtain all necessary permits. He has
the option. If it's not permittable, he could obtain a demolition permit.
CHAIRMAN LEFEBVRE: I mean, what it was is it was an
existing structure before that was much larger that had termite damage
and he replaced the structure but made it smaller?
MR. KEEGAN: Yes, sir.
CHAIRMAN LEFEBVRE: And just kept within the same
footprint?
MR. KEEGAN: Uh-huh. Yes, sir.
CHAIRMAN LEFEBVRE: Okay. Any other discussion or
questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I move to approve the stipulation as presented.
Page 30
February 26, 600~
161 r A4
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. MARTON: Thank you, gentlemen.
CHAIRMAN LEFEBVRE: The next stipulation will be Pedro
Cruz, CEB No. CESD20080007554.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. PAUL: Yes.
MR. CRUZ: Yes.
THE COURT REPORTER: If you'll please state your name and
spell your last name.
MR. PAUL: Renald Paul, Collier County Code Enforcement,
P-a-u-l.
THE COURT REPORTER: And state your name and spell your
last name.
MR. CRUZ: Pedro Cruz, C-r-u-z, the last name.
CHAIRMAN LEFEBVRE: We're going to take a minute or two
to read the stipulated agreement.
MR. L'ESPERANCE: Jean, I notice that some of these
Page 31
Feb7~1J:. 26, .200g
stipulation agreements mention more detail about th^,~Ol{t;L'~~
reference the initial -- are you comfortable with both ways of
presenting the stipulation agreement?
MS. RAWSON: I think are you talking about the violations? I
don't have a problem with that because in the order it's going to spell it
out as it did in the charging document which was, you know, the
statement of violation.
MR. L'ESPERANCE: Okay.
MS. RAWSON: It's fine.
MR. L'ESPERANCE: Okay.
CHAIRMAN LEFEBVRE: Has everyone had an opportunity to
read the stipulated agreement?
(Board indicated.)
CHAIRMAN LEFEBVRE: Okay. Very good. Mr. Cruz, you
agreed to this stipulated agreement?
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: Is he --
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: -- you're translating for him?
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: Can you swear him in as a
translator?
THE COURT REPORTER: I can. Can you raise your right
hand, please. Do you swear to accurately translate from English to
Spanish and Spanish to English? Is it Spanish?
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: Thank you very much.
MR. CONSTANTINE: You're welcome.
CHAIRMAN LEFEBVRE: Any questions of the board?
MR. LARSEN: I have a question. The same issue arises here
that my learned colleague pointed out on the case before the last. It
seems to be an nonpermitted extension to the existing home. And the
Page 32
16' 1 '.A4'
February 26, 2009
question is, is anybody occupying that portion of the house?
MR. CONSTANTINE: Yes.
MR. LARSEN: Okay. What -- what is the nonpermitted
extension? Is it a bedroom? A living room?
MR. CONSTANTINE: It's a porch. It's a porch. Just a little
room with a computer room and a TV where the kids play Xbox and
PlayStation.
MR. LARSEN: And -- and what is your inspection reveal in
regard to the nonpermitted extension?
MR. PAUL: It was a porch or lanai that was turned into a living
space. There was electrical added, possibly plumbing. Obviously,
they are occupying. They had furniture in there. If you'd like to we
possibly or you could amend this stipulation to say no usage of this
area.
MR. LARSEN: I have no further questions.
MR. KELLY: I have a question.
Investigator, you stated that there was also a pool?
MR. PAUL: There's several different structures. We have a pool
that's un-permitted. A shed had that's un-permitted. A Tiki hut that's
un-permitted. You have this extension while this alteration that
they've done to the lanai so we're talking all these things.
MR. KELLY: And they're all under this order; correct?
MR. PAUL: Correct.
CHAIRMAN LEFEBVRE: Is the pool an in-ground or above?
MR. PAUL: Above ground.
MR. KAUFMAN: Electrical like the pumps and stuff by the
pool?
MR. PAUL: Correct.
MR. KAUFMAN: You said there's a possibility of plumbing in
the extension as well?
MR. PAUL: Correct.
MR. KAUFMAN: Have you been in the--
Page 33
MR. PAUL: Yes, I have.
MR. KAUFMAN: Was there a bathroom or--
CODE ENFORCEMENT OFFICER: I'd have to check that.
There may have been.
MR. CONSTANTINE: No. There's no plumbing on that porch.
There's no plumbing, only electrical. He can go and check whatever
he want.
MR. KELLY: My only concern is that with all of the structures
and the additional work inside, 120 days may not be enough time.
And I figured if we just grant it now --
MR. CONSTANTINE: I agree with that. We might need an
extension. He understand that too, sir.
CHAIRMAN LEFEBVRE: But what I'm worried about, if
there's electrical inspections that haven't been done --
MR. LA VINSKY: Yeah. That would be my concern too with
the pool, you know, without any kind of inspection on the electrical, it
just sounds like a disaster waiting to happen.
MR. KELLY: Sometimes when -- when they build these
extensions and especially like a pool, they'll tap into one breaker or
maybe two. And if you can just trip those, now you don't have
anything feeding those lines until it's inspected.
MR. CONSTANTINE: You're right. That's how it is. They
have little break there where we can break and then we can take the
cables out.
MR. LARSEN: Right, but then what happens to the water in the
pool?
MR. KELLY: Yeah. That's true. You'd have to shock it every
month.
CHAIRMAN LEFEBVRE: Have -- have you applied for any
permits?
MR. CONSTANTINE: Not yet.
CHAIRMAN LEFEBVRE: Not yet.
~q,ua~6-?009
lollJ. A4'
Page 34
Itbrr1,2009
MR. CONSTANTINE: What we're going to do is destroy 4
everything.
CHAIRMAN LEFEBVRE: You're going to remove everything,
the Tiki hut, the pool--
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: -- and un-permitted addition?
MR. CONSTANTINE: We might get -- he say he might get
permission for the porch. We got to get -- you know, what we're
going to do first, we're going to remove everybody and then we're
going to go next to get the permit for the porch. What we did on the
porch when we get close and everything we might get the permits for
that.
MR. KELLY: Investigator Paul, does he need a demo permit for
an above-ground pool and that little Tiki hut?
MR. PAUL: He would need it for the Tiki hut. I don't know
about the pool.
MR. CONSTANTINE: That pool-- that pool is not grounded. I
mean, it's not -- it's above ground and it's not plumbing running
underground. Nothing. Everything is -- when -- when we got the pool
there's a company went to start it and they say we don't need a permit.
We -- I got all those papers that say we don't need a permit.
They started they charge -- they charge him $2,000 to install it.
And we paid the full $7,000. They said that we don't need a permit.
We say, Are you sure? They said, Yes. You don't need a permit. We
got all the papers and everything. There's no plumbing running
underground. Nothing.
MR. PAUL: It's because of the size of the pool that he's required
to have a permit. Anything over 24 inches deep is required to have a
permit. It's considered a pool just like any normal pool.
MR. KELLY: But what I heard you say, correct me if I'm
wrong, you said that you were just going to remove the structure. And
what I asked the investigator was, do you need a permit in order to
Page 35
remove those structures and he said yes.
MR. CONSTANTINE: Yes.
MR. KELLY: So just make sure you get that.
MR. CONSTANTINE: I know. He told me where to go to get
February 26, 2002
161i' 'A4
it.
CHAIRMAN LEFEBVRE: So you are going to remove the pool
MR. CONSTANTINE: Yes.
CHAIRMAN LEFEBVRE: -- everything?
MR. CONSTANTINE: Ifwe have to, yes.
CHAIRMAN LEFEBVRE: Well, I'm a little confused. You said,
If we have to. Before you said we were moving it.
MR. CONSTANTINE: Yeah, we are.
CHAIRMAN LEFEBVRE: Now you're saying, Ifwe have to.
MR. CONSTANTINE: Yeah. Because we don't know -- we
don't know about the pool if we, like, he asked. They don't know if the
pool need a permit or not. So it was that's what I was talking about.
We're going to remove the Tiki hut and everything. We was talking
about the pool. And then, yes, we do. We're going to remove it.
MR. PAUL: He needs a permit to keep that pool there.
MR. LARSEN: Either way he's got to either get the permits or
he's got to remove it and he's got 120 days. If you fail to do it within
120 days, you know it's $200 a day?
MR. CONSTANTINE: I know. Ifwe can -- he's saying ifhe
can -- if we can get more days to --
MR. LARSEN: One hundred and twenty days is a long time.
Because what the board is saying is that basically you've got electrical
out there which seems to be un-permitted. That means that, you
know, it wasn't inspected and you didn't get a permit to do it. And
people are concerned that if somebody gets injured out there because
of faulty wiring, you know, that's not a good situation to have on a
property .
Page 36
FebI 1.6, 2009
161 i'
So what we're trying to address is whether or not you' be i~ to
accomplish this within 120 days or should we even approve for 120
days in light of the fact you've got electricity running to several
components out there including the pool and the porch.
MR. CONSTANINE: Okay.
MR. LARSEN: The question is whether or not we should require
him to disconnect the electricity to the pool and the porch pending the
application for the permits or the removal of the offending objects.
CHAIRMAN LEFEBVRE: I mean, you run into other issues by
removing electricity to an enclosed area and also to a pool so...
MR. LARSEN: Well, you know, that's -- I mean, how -- how is
the pool hooked up? Is it just an extension cord out to the pump?
MR. CONSTANTINE: No. It's a cable on the -- it's a cable
coming from the Tiki hut with a little switch. So everything is
grounding. Everything is on the pipe, the plumbing pipe, everything
is inside there. We can remove it. It's not a big deal. I can call and
come and remove everything.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KAUFMAN: I have a question.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KAUFMAN: Are you using the pool now at all?
MR. CONSTANTINE: No.
MR. KAUFMAN: There's no pool heater so --
MR. CONSTANTINE: No. There is no pool heater.
MR. KAUFMAN: So it wouldn't be a problem to--
MR. CONSTANTINE: To remove it.
MR. KAUFMAN: What about to remove the electrical as part of
our motion?
MR. L'ESPERANCE: Go ahead and include it in your motion.
CHAIRMAN LEFEBVRE: This is a suggestion that for the pool
seeing that that might be easy to permit, separate that and get a permit
within a shorter period of time so we can get the inspection out for the
Page 37
pool at a -- in a -- I mean, just a suggestion.
MR. L'ESPERANCE: I think they intend to remove it. Do you
intend to remove the pool or --
MR. CONSTANTINE: We don't want to. We don't want to. If
we can get the permit, like he say, if it's easy to get it, we can -- we
can -- I can -- you know, I can pay and get it.
MR. L'ESPERANCE: Okay.
MR. CONSTANTINE: He understand English so.
MR. CRUZ: That part.
CHAIRMAN LEFEBVRE: I don't know if -- how long do you
think it would take to apply for a permit and if -- if they go out and
inspect it, how long does that -- that take?
MR. PAUL: In regards to the pool?
CHAIRMAN LEFEBVRE: In regards to the pool.
MR. PAUL: I can only guess depending on when they actually
go and get the permit and whatnot, say, 30 to 60 -- 30 to 45 days
possibly.
CHAIRMAN LEFEBVRE: Because what I was thinking is
maybe separate the pool, give them 30 days to get the pool done, and
at least get that permitted. And then we have to worry about the
structure. They'd probably have to have an engineer come in and
certify or have a contractor come in and certify the -- the other
structure which is going to take more time.
Have you talked to a contractor at all?
MR. CONSTANTINE: Not yet.
CHAIRMAN LEFEBVRE: Not yet. When was this case
brought? When was this case started?
MR. KELLY: May. As the -- as the owner he doesn't
necessarily need a contractor. It's only for a commercial building. He
could do it by owner and just have a contractor or engineer take care
of the inspections by affidavit.
CHAIRMAN LEFEBVRE: Right. Exactly. That's what I'm
February 26. 20.09
1611 A4
Page 38
February 2Ji.. 2009
talking about. But what I'm saying is since May theY'!e ~e~wlA,f
this situation and haven't done anything about it in that period of time.
MR. KAUFMAN: Have you been in contact with the company
that put the pool in?
MR. CONSTANTINE: Yes.
MR. KAUFMAN: And does it -- I guess they're a licensed pool
company?
MR. CONSTANTINE: Yes. Yes. We've got all the paper. We
give them the check and everything. They -- they give me -- they give
Pedro a big paper signed saying they start the pool earlier.
MR. KAUFMAN: If that's the case, then, this is something that
that company, if they're a licensed contractor in Collier County, would
know the ropes as far as getting something permitted that the 30 days
probably would be sufficient time to get that done by going back to
the pool company.
MR. LARSEN: May I ask a question?
CHAIRMAN LEFEBVRE: Yes, sir.
MR. LARSEN: Would you be agreeable to unplug the pool or
just, you know, turn off the electricity to the pool pending either a
permit or removal of the pool?
MR. CONSTANTINE: Yes, sir. We'll do it at once we get
home.
MR. LARSEN: And the Tiki bar, what -- what is that? Is that a
big Tiki bar or is it small?
MR. CONSTANTINE: It's kind of like --like this (indicating);
right?
MR. LARSEN: All right. Could you disconnect the electricity
or turn off the electricity to the Tiki bar until you resolve this as well?
MR. CONSTANTINE: When we disconnect the electricity from
the pool, the Tiki bar will be out of electricity too.
MR. LARSEN: Okay. And there's a -- a shed. Is there any
electricity to that shed?
Page 39
MR. CONSTANTINE: No.
MR. LARSEN: Okay. And the only other thing is the porch.
And basically are there doors from the house to the porch that you can
close or what is the setup on that?
MR. CONSTANTINE: Just a window.
MR. LARSEN: Okay. All right. So is it acceptable to the
county to -- to amend the stipulation to include that disconnection of
the or to turnoff the electricity to the Tiki bar and pool?
MR. PAUL: Yes.
MR. LARSEN: All right. Nothing else.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. LARSEN: I move we accept the stipulation with the
amendments that they'll turnoff the electricity pending approval or
permits of certificate of occupancy to the Tiki bar and a pool.
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor say aye.
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
Nay.
And before you leave, you're going to have to sign the changes
on the stipulated agreement.
MR. CONSTANTINE: Thank you.
CHAIRMAN LEFEBVRE: Thank you. Okay.
The next case will be BCC vs. Raymonde and Bolomin Charles
or Charles Bolomin, CEB No. 2007110124.
Feb~ 26i20()9
1611 Aq.t.
Page 40
february .f~~ ~9
1 b I 1 A LI- -,
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. WALKER: I do.
MR. CHARLES: Yes, I do.
THE COURT REPORTER: Can you please state your name and
spell your last name.
MR. WALKER: My name is Weldon Walker, W-a-I-k-e-r.
THE COURT REPORTER: Your name, sir?
MR. CHARLES: My name is Bolomin Charles.
THE COURT REPORTER: Thank you.
CHAIRMAN LEFEBVRE: We're just going to take a minute or
two to read through this.
MR. KELLY: Excuse me. Investigator, does that say 45 days
and $200 per day or 100 per day?
MR. WALKER: Two hundred dollars per day.
MR. KELLY: Thank you.
MR. WALKER: I'm sorry.
MR. KELLY : No. No. That's all right.
CHAIRMAN LEFEBVRE: Has everyone read the stipulated
agreement?
(Board indicated.)
CHAIRMAN LEFEBVRE: And you agreed to the stipulated
agreement?
MR. CHARLES: Yes, sir.
CHAIRMAN LEFEBVRE: Any questions of the board?
MR. KELLY: Just a quick question.
Investigator, could you describe what it is? Is it just an
overhang?
MR. WALKER: Yes. What it is, is an overhang that comes off
the front porch of the front of the house. It's not an enclosed overhang.
It's a -- it's an overhang that actually had -- exists right over the front
portion of the entrance of the house. It's not really a complicated
Page 41
.
{Sl1 11' 4<1
overhang, but it was one that they -- they did without getting a permit.
MR. KELLY: Thanks.
MR. LA VINSKY: So it's just like a rain shelter type of
overhang?
MR. WALKER: Exactly. If you were outside on the -- in the
front of your house, there's, like, maybe a 3-by-4 section of the house
where you can stand underneath that under-hang and where people
don't get wet.
MR. LA VINSKY: Okay. Thank you.
CHAIRMAN LEFEBVRE: And have you applied yet or done
anything to get the CO or certificate of completion?
MR. CHARLES: We -- we have applied, but we don't get the
permit yet.
CHAIRMAN LEFEBVRE: Okay.
MR. LA VINSKY : You said you have applied? Okay. It's in the
process.
CHAIRMAN LEFEBVRE: Is it ready to be picked up, the
permit?
MR. WALKER: Actually, if I could clarify.
CHAIRMAN LEFEBVRE: Sure.
MR. WALKER: They did apply and the permit was issued. The
permit was issued in March of 2008.
CHAIRMAN LEFEBVRE: Okay.
MR. WALKER: The permit expired, actually, eight of 2000 --
eight of2008 or 9, excuse me, of2008. And I explained to Mr.
Charles, he would need to go down and again re-app for that. And
once he does that based on his past application and/or acceptance, they
would determine whether or not they would again re- issue it, but he
would need to go ahead and re-app.
CHAIRMAN LEFEBVRE: Okay.
MR. LA VINSKY: So it's already been applied for and issued
once and --
..
Page 42
February 26, 2009
or
MR. WALKER: That's correct.
MR. LA VINSKY: -- and expired? Okay.
MR. KELLY: I was just going to make a motion to accept the
stipulated agreement as written.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: You're all set. Thank you.
MR. WALKER: Thank you very much.
MR. CHARLES: Thank you all.
CHAIRMAN LEFEBVRE: That will take care of stipulated
agreements and I think that leaves us with two hearings, if I'm not
mistaken. And let's before we go into hearings, let's take a break for
about ten minutes.
(Short recess was taken.)
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board meeting back to order and we're going to be moving to
hearings. And the first hearing of two is BCC vs Baby Boy Gallegos,
CEB No. CEPM20080016779.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. SNOW: I do. I so swear.
THE COURT REPORTER: Please state your name.
161~1. A4
Page 43
Iti'l~A04
MR. SNOW: For the record Supervisor Kitchell, K-i-t-c-h-e-l-l,
last name Snow, S-n-o-w.
CHAIRMAN LEFEBVRE: Is the respondent present?
MR. SNOW: Uh-uh.
CHAIRMAN LEFEBVRE: He is not present.
MS. WALDRON: For the record, the respondent and the board
was sent a packet of evidence and we would like to enter the packet of
evidence as Exhibit A.
MR. KELLY: I make a motion to accept the packet.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MS. WALDRON: This is in reference to violations of ordinance
Collier County Code of Laws and Ordinances 2004-58, Section 12.
Description of violation: A derelict home declared to be a hazardous
and dangerous building through property inspection by a certified
official.
Location address for violation exists 2401 Eden Avenue,
Immokalee, Florida 34142, Folio No. 30731920005. Name and
address of owner, person in charge of violation location, Baby Boy
Gallegos a/k1a Israel Gallegos, 1318 Pear Street, Immokalee, Florida,
34143.
Date violation first observed, December 5th, 2008. Date
owner/person in charge given notice of violation, December 16th,
2008. Date on by which violation to be corrected, January 11th, 2009.
Date of reinspect ion, January 13th, 2009. Results of reinspect ion, the
Page 44
violation remains.
At this time I would like to present Supervisor Kitchell Snow.
MR. SNOW: Good morning for the board. I found the board's
concern this morning when we're talking about illegal structures and
additions rather prophetic.
Before I go into the case, I had a conversation on this very
property yesterday with the fire marshall in Immokalee. There has
been illegal additions done on the interior of the structure. I asked,
and as you can see by the photographs that I will submit, there was a
small fire on the interior of this property. The fire was caused by a nail
going through electrical inside of this property and it continued to heat
the nail until it dried out the wood which eventually cost the property.
So the concerns for the health, safety, and welfare of this board are --
are very pertinent to all our cases.
I would like to submit in evidence Photographs B-1 through 11. I
would like to submit a report from the Building Review Department
for the Permitting Department C-l and a notice from the county, a
notice of dangerous structure, D-l.
MR. KELLY: I make a motion to accept all of the exhibits in
evidence.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a vote in favor. All in
favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
Febru~ ~Q, 2009
16 I 1 .,A 4'
Page 45
February 26, 2009
.,
MR. KELLY: Aye. 16 I ~ .A 4
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SNOW: As you can see from the first photograph, this is
the exterior of the home and this is not occupied at this particular time.
I asked the fire marshal had the structure been occupied at the time of
the fire and he was not aware that it was, but it is a rental property.
The next photograph is --
MR. L'ESPERANCE: Is there -- is there hot electrical service to
the structure?
MR. SNOW: No, sir. I've looked on the outside. It doesn't
appear that it's on but, again, I couldn't -- I had access to the interior
one time with the sheriffs department and -- but we haven't had one
since -- been inside since then. So I don't believe so. I can't testify
definitively, but I don't believe so.
As you can see, this is another shot of the exterior. One of the
things that drew our attention is, this is not a very good photograph of
it, but the roo:f, as Mr. Kelly can attest to this, has a big sway in it.
That is what initially brought us to the concern. All the windows have
been removed or broken.
This next photograph is where the fire took place. And it's -- it's
predominantly in this section it looks like it went up to the roof and
that's where the sway came in. I t has severe structural damage to that.
And when they made the additions, again, they had pierced one of the
major electrical wires from the other room and that's what caused the
fire.
This is the top going into the roof, the top section that I just
wanted to let the board know this is going up into the attic of this
structure.
This is on the exterior of -- of this structure. And you see
deterioration throughout the property similar to this. It's a dry rot in
Page 46
Februr' 26, 2a09
the wood and certainly not in any condition for anYblg Jo dYe i~. 4
This is -- again, this has been open. It looks like there's been
some vandals and vandalism involved here. Most of the -- or I would
say all of them, the appliances have been removed. And this was--
apparently was some type of sink or maybe in the kitchen. I really
couldn't tell.
Again, it looks like it's been -- the fire when it took place it
probably burnt through the floor in the structure so it's permeated
throughout the structure. It's only in a very small area.
This is some of the additions and this is normally what you
would see on the exterior of a home. I just wanted to let you know
that's part of where it was. As you can see the fire was there, but that
was part of the additions that they did in segregating the rooms.
Again, just another photograph of the fire.
This is another section of -- of -- that they've added. It looks like
they added a little mezzanine on the top in one of the little rooms.
One more example of fire coming through the other side on the
backside of the house.
When -- when this type of thing happens we can declare a
structure unsafe, but we have through experience thought about
structures that can be unsafe and we did submit for the building
department to have one of the structural guys to go out and take a look
and it was declared unsafe, inhabitable. We then noticed the
respondent a notice of dangerous structure and they have 30 days. As
you can probably see they have 30 days to -- to contact us and make
repairs and that which they have not done.
MR. L'ESPERANCE: They have not responded to your
correspondence so far?
MR. SNOW: They -- they -- one of my investigators had been
out on that property in that area and they are aware of this. They've
been -- they've been posted. I've been to the property -- their property
to talk to them on several occasions. I've left door hang -- door
Page 47
Febl1lif.212009_.
hangers in cars. And the investigators that I worked Jig, ~ Jt:d havt a .
conversation with them. And, apparently, they were waiting for
insurance. But I would only surmise, and this is just my opinion, not
anything definitive, I would think the insurance company would
probably have some concerns about how the fire started and the
liability therein. That's -- I don't really know, but that's what I'm
thinking. So, and, again, this poses health, safety, and welfare for this
community .
The door is locked but all the windows are broken and out. I
went by yesterday and there were beer cans all in the interior of it. So
I would imagine probably some homeless have moved in and just are
occupying this.
MR. KAUFMAN: I have a question. Being that this is possibly
an insurance claim, can this structure be removed without any liability
as far as the county is concerned?
MR. SNOW: I don't know about what liability the -- the county
has as far as if it's an insurance claim. We're not really sure, only
what Mr. Gallegos has -- has said. This has been going on for quite
sometime. And, again, because Mr. Gallegos hasn't been very
cooperative in trying to contact us, we've made many attempts to try
to get him to come in and find out what the property is. The fire
marshall was not aware of any claims. He was not aware of any cases
up along the property. Traditionally, the fire marshall keeps the
claims open until litigation has been completed. There is no
investigation currently on this property.
MR. LARSEN: Supervisor Snow, in your professional opinion,
is this a hazard to the safety and well-being of the citizens of Collier
County?
MR. SNOW: Absolutely, sir.
MR. LARSEN: And in your professional opinion, does a
violation on this property exist under the Collier County Code of Laws
and Ordinances?
Page 48
MR. SNOW: Absolutely, sir.
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: Any other questions from the board?
MR. LARSEN: I make a motion and find that the violation does
exist.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Do you have a recommendation?
MR. SNOW: Yes, sir, we do. And, again, we left the
appropriate spaces for the board to decide what they feel is appropriate
in this situation.
CHAIRMAN LEFEBVRE: So in your opinion you don't think
the structure could be repaired?
MR. SNOW: No, sir, I do not. And the building -- and, again,
that's the purpose of having a structural inspector go out to make --
they're the professionals. They make the determination. They
deemed it's an unsafe structure.
CHAIRMAN LEFEBVRE: Any questions?
MR. LARSEN: I haven't finished reading it yet.
CHAIRMAN LEFEBVRE: Okay.
MR. L'ESPERANCE: Could we focus this a little bit more or is
F eb1ary 26, 20f).9
16 11 A 4
Page 49
it just my bifocals?
MS. WALDRON: It doesn't focus anymore.
MR. L'ESPERANCE: Thank you for trying.
MR. KELLY: I have a procedural question.
Jean, what is the maximum fine amount per day in a safety issue
case; do you know?
MS. RAWSON: Well, the --
MR. KELLY: That's recommendation.
MS. RAWSON: -- I think it's 250.
MR. LARSEN: See, here's my concern, Supervisor Snow. You
give them 30 days but, you know, what's going to be the status of this
property for the next 30 days?
MR. SNOW: Well, sir, it's going to remain as it is. And we can
either -- you can either request for them to violate themselves and the
county's going to go in and do it. That's the ultimate goal here is abate
this violation. It -- it's going to cost too much to repair this structure to
have it habitable. So their options are to -- they remove it or the
county removes it and that's what we're asking.
MR. LARSEN: Well, I understand to do it within the next 30
days before you're able to take action. But, you know, is there any
way that this place could be secured to prevent that kind of activity
that you kind of witnessed in there in regard to homeless possibly
moving in or somebody else being injured on this property during that
30 days?
MR. SNOW: You could request to have the structure boarded,
sir. The board could request to have this boarded. But, again, the 30
days is being given so we -- the board could limit the time that is
given to allow for this to be demo'd and we then we can go ahead and
take care of that. The county does have funds to take care of this type
of thing, but we would prefer the respondent do it.
MR. LARSEN: Well, I don't have a problem giving the
respondent 30 days to do it or imposing a fine. I'm just concerned that
F ebru~ ~6, 2009
16 '1 A4
Page 50
F1bbf "or 4
-- you know, it's -- it's now open. It's now notorious. People know
that it's abandoned and they know that basically they can get an easy
access. And what's the turnaround time for having it boarded up by
the county?
MR. SNOW: It normally doesn't take long. We have to go -- we
have to get a bid for that and they'll go out and take care of that. I
think we could probably accomplish that in about ten days.
CHAIRMAN LEFEBVRE: But we'd have to give a time frame
for the respondent to board it himself. So if we give ten days for the
respondent to board it --
MR. SNOW: Well, you could give -- excuse me for the
interruption, Mr. Chair. You could give the respondent until early
next week to do it. And then if it's not boarded, then the county will
board it --
CHAIRMAN LEFEBVRE: Right, but --
MR. SNOW: -- appropriate action.
CHAIRMAN LEFEBVRE: -- but to be fair to him, it takes me a
couple days to sign the order. It takes a couple days for them to
receive the order. So if we say ten days out from the meeting from
today, today's date, it doesn't give him much time.
MR. SNOW: I'll hand deliver the order, sir.
MS. WALDRON: To answer Mr. Larsen's question, you -- you
are able to fine up to $1,000 per violation.
MR. LARSEN: A thousand dollars per diem?
MS. WALDRON: One thousand dollars per day per violation.
MR. L'ESPERANCE: Is there some way that we could put some
type of plastic stay-away-type tape around the structure for this next
ten days, stay-out tape or something like this?
MR. SNOW: I don't believe that we can do that, sir. Again, the
property owner has to have responsibility of that. We could probably
talk to the sheriffs office in Immokalee, continue to do policing and
probably do something with that.
Page 51
FlbfttO'
CHAIRMAN LEFEBVRE: One thing we could do is -- is he 4
readily available? I mean, do you -- have you met with him?
MR. SNOW: I've tried to talk to Mr. Gallegos and the Gallegos
family on several occasions. The investigator I work with, Maria
Rodriguez, has talked to him on several occasions and encouraged him
to come to the office, but he goes home and says he's going to come
back, but I will talk to Mr. Gallegos personally.
CHAIRMAN LEFEBVRE: What I was thinking is if we give
him five days from when he's delivered notice to, let's say, board up
the property, he has five days, but what I'm worried about if that
occurs, he's going to start --
MR. SNOW: No, sir. You give that order, sir, I will talk to him
personally again to make sure that he understands what the order is
and make sure that it gets accomplished.
MR. KELLY: I also have a question for Jean. Ifwe give him
five days, it's not practicable for any action to occur, does he have any
way to tie this up in some kind of suit because the order was not
compliable with, if you will?
MS. RAWSON: I've given more than five days because in all
fairness, if it's Monday when Gerald signs the orders, Tuesday when I
get them to Jennifer, even if the inspector is kind enough to hand
deliver it, it might be Wednesday of next week. So now we're already
past the five days.
CHAIRMAN LEFEBVRE: No. No. Five days from when he
receives the notice.
MS. RAWSON: You could do that.
CHAIRMAN LEFEBVRE: Or seven days, whatever the time
frame. What I'm trying to get at is if we do issue an order that says he
has 30 days to remove the building and -- but he has to board it up
within ten days, I mean, it's going to be boarded for -- someone's
going to have to go through that expense for ten-day's worth of
between the demolition and the boarding. So I'm trying to avoid that.
Page 52
F e~a,ry 26, 2009
MR. LARSEN: Right. In order to do the dem!iRict ~e~ itt to
get the permits. And order to get the permits, he's got to make an
application, pay the fees. It's going to take time.
The question is, is there some authority that we have to -- to
secure these premises pending application or receipt or nonreceipt of
the permits? And, you know, what I'm concerned about is that some --
some teenager out in Immokalee is going to be in there and he's going
to get hurt during this period of time.
CHAIRMAN LEFEBVRE: Certainly.
MR. LARSEN: And, you know, you're right. I think that he's
got to give X number of days from when he actually receives the order
in hand to take some action, you know, but how much time is -- is an
open question. As for the fine I think a $250 a day fine is probably
within reason.
CHAIRMAN LEFEBVRE: So, I mean, what we can do is
separate out the -- the must be boarded within seven days of
notification or ten days, whatever is agreeable. If not, then the county
can go in and board it and then give us a period of time before the
removal.
MR. SNOW: If I may, the board can -- because of the health,
safety, and welfare of this to the community under Chapter 162 you
can impose a lesser time frame. You have the option to do that. It
doesn't have to be the 30-day time frame because it is a health, safety,
and welfare and it's imminent peril to this community. You can
impose whatever you deem possible. I don't think boarding is really
an option. I think you give him ten days to get it done. And if he
doesn't do it, then the county does it. I think that's an option.
MR. KELLY: Is there any such provision similar to the 162 that
allows the sheriffs department just to go in, mark off the area as a
dangerous place using, like, the caution tape or the crime scene tape?
MR. SNOW: I really can't testify to that without talking to them
first.
Page 53
"
1 STfr ~~ ~~
MR. KAUFMAN: To speed things up, and I think that's what
everybody's looking for, when you speak to him, can you find out
from him if he intends to tear the property down and apply for the
necessary permits, et cetera? And, ifnot, then maybe we can speed
the process up by having the county do it immediately.
CHAIRMAN LEFEBVRE: Well, I think his time to explain
what he was going to do was here and now and he's not here. So we
are going to make that decision for him. I feel that we should make
him aware and make that decision for him. He was -- had the
opportunity to come here and --
MR. LARSEN: Let me ask, Supervisor Snow, if the county
undertook the demolition, does the county have to go through any
kind of permitting process or is that something that the county is
excused from doing?
MR. SNOW: No. Our contractor will have to pull a demo
permit. And they follow the same rules and regulations as anybody
else that would apply . We just have to contact -- we do have
contractors that we deal with on -- I wouldn't say on a daily basis, but
we do deal with that know the ins and outs of the permitting process
and we can get it done. Again, this is an imminent health and safety
issue for this community and it needs to be taken care of.
MR. LARSEN: All right. Now, Jean, does this board have
authority to issue an order saying that a demolition permit should be
issued on an expedited basis if requested by a contractor for the
county?
MS. RAWSON: Well, yes, but I don't think you would need to
say that. You give -- it's my understanding it doesn't take very long to
get a demolition permit; is that right?
MR. SNOW: That is correct, ma'am.
MS. RAWSON: So I would give the respondent, you know, a
short period of time to get a demolition permit and demolish it. If he
doesn't, I would then have the county go in immediately and do it for
Page 54
him.
MR. LARSEN: Now, in regard to the applicable period of time,
the problem I've seen over the last 20 years is if you give people seven
or ten days, it's not sufficient. If you give them 15 or 20 days, usually
it's deemed a bit more reasonable. So my suggestion to the board is
that we basically give 15 days. And that basically if they can't get the
permit or do not get the permit to demolish this premises, then the
county does it within 15 days.
MR. L'ESPERANCE: Would you like to fashion that into a
motion?
MR. LARSEN: Well, it's for discussion now.
MR. KELLY: I do have in addition to that discussion and I'll
agree going with that. When do the fines stop if that was the case?
Let's say we give him 20 days. Ten days after that the county steps in
with their own permit and their own contractor to do the work. The
work doesn't get finished for another 20 days. At what point do the
fines stop and the cost to demolish accrue?
MS. WALDRON: The fines would stop when the county abates,
the date that the county abates the violation.
MR. KELLY: So if the county's contractor took six months, it
would be all that as well?
MS. WALDRON: Correct.
MR. LARSEN: I'm sorry. Is that in a part pulling the permit? Is
that when the abatement process starts?
MS. WALDRON: The abate -- well, the -- as far as the fines are
concerned, the fines stop when that structure is demolished.
MR. LARSEN: Upon the completion.
MS. WALDRON: Upon the completion which is what your
order usually states.
MR. SNOW: And, just for the record, they're usually done in
two days usually.
CHAIRMAN LEFEBVRE: And what would be the fine?
F ebljfl. 26, ~0.09
16 I '1' A 4 .1o
Page 55
MR. LARSEN: I think a fine of$250 a day.
MR. KELLY: Personally, I think it should be twice that. I mean,
we do $200 a day for somebody putting a Tiki hut in the backyard.
This is a structure that collapsed at a moment's notice.
MR. LARSEN : Well, you know, I think -- I think -- I think your
point is well taken. And the reason why I think your point is well
taken is because of the testimony of the supervisor who said basically
there's been a lack of cooperation. All right.
So this is what I'd like to do, Mr. Chairman. I'd like to make a
motion. I'd like to make a motion that paragraph 1 of the
recommendation states, (as read): Obtain a demolition permit and
remove the derelict home with all inspection through certificate of
completion within fifteen days from the date of this hearing of a fine
of -- or a fine -- it should be or a fine of $500 per day will be imposed.
And then the remain -- the rest or the balance of the recommendation
will stay as stated.
MR. KELLY: I will second that motion.
MS. RAWSON: Why -- why don't you state on the record what
the balance of the recommendation is as part of your order.
MR. LARSEN: Well, all right. Well, then that particular case I
shall read the recommendation. That the Code Enforcement Board
shall order the respondent to pay all operational costs incurred in the
prosecution of this case in the amount of$8,700.57 within 30 days of
the date of this hearing and abate all violations by (1) obtain a
demolition permit and remove derelict home with all inspections
through certificate of completion within fifteen days of the date of this
hearing or a fine of $500 per day will be imposed; (2) remove all
refuse from said property to a site suitable for such disposal; (3) if the
violation is not corrected by the time frame given herein, Collier
County Code Enforcement may hire a licensed contractor to obtain
compliance with the assistance of the Collier County Sheriffs Office
to enforce the order. All costs for such abatement will be assessed and
Feb~26, 2OQ9
16 'II "4
Page 5 6
16errt~~9 1
become a lien against said property; (4) the respondent must notify the
Code Enforcement investigator when the violation has been abated in
order to conduct a final inspection to confirm abatement.
Could you move up the -- all right. That -- that is the
recommendation.
MR. KELLY: And I, again, second that motion.
MR. LARSEN: All right. So motion is to accept that
recommendation as amended. And, Supervisor Snow, you'll complete
the appropriate paperwork?
MR. SNOW: Absolutely, sir.
MR. LARSEN: Okay. So--
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SNOW: I thank the board for its time.
CHAIRMAN LEFEBVRE: Thank you.
The next case will be BCC vs. Mark A. Goodman, CEB No.
CESD20080006858.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. MARTINDALE: I do.
MR. GOODMAN: I do.
Page 57
THE COURT REPORTER:
please, for the record.
MR. MARTINDALE: Ronald Martindale, Collier County Code
Enforcement.
MR. GOODMAN: Mark Goodman.
MS. WALDRON: For the record, the respondent and the board
was sent a packet of evidence and we'd like to enter the packet of
evidence as Exhibit A.
CHAIRMAN LEFEBVRE: Do I hear a motion.
MR. KELLY: I make a motion to accept the packet.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: Some violation of ordinance Collier County
Code of Law Chapter 22, buildings and building regulations, Article
II, Florida Building Code, adoption and amendment of the Florida
Building Code Section 22 through 26(b)(104.1.3.5).
Description of violation: Prohibited activities prior to permit
issuance, permit application when required, improvement of property
prior to issuance of building permit. Location address where violation
f6bri~' 2009
If you would state your name~ 4.
~
Page 58
16err6, 2009
exists, 1348 Highlands Drive, Naples, Florida. Name and addr~stof
owner or person in charge of violation location, Mark A. Goodman,
1324 Highlands Drive, Naples, Florida.
Date violation first observed, June 17th, 2008. Date owner/person
in charge given notice of violation by certified mail, June 17th, 2008.
Date on which violation to be corrected, August 7th, 2008. Date of
reinspection, February 3rd, 2009. The results of reinspect ion, the
violation remains.
At this time I would like to present Investigator Ron Martindale.
MR. MARTINDALE: Good morning.
CHAIRMAN LEFEBVRE: Good morning.
MR. MARTINDALE: I would like to present in evidence
Exhibit B, Photographs 1 through 4, and Exhibit C-1 which is a very
basic floor plan of the structure in question.
MR. KELLY: Make a motion to accept the evidence.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: No discussion. All those in favor.
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. MARTINDALE: On May the 22nd I received a property
maintenance complaint on this property. After research determined the
Page 59
r
rgurf~2~~
issue was actually a permitted garage that had been converted into a
living area without obtaining Collier County permits.
I made numerous attempts to contact Mr. Goodman. And when
that failed, I mailed a notice of violation certified mail on the 17th and
it was received -- registered receipt was accepted, I'm sorry, on the
23rd as Ms. Waldron said.
On the 14th I received a call from Mr. Goodman of July. He
stated he'd just made aware of the issue. I believe he was out -- out of
state or out of the country and asked for additional time to abate the
violation.
On the 8th I received -- 8th of August I received from Shearer
Company that they had began to draw up contracts for plans for
building for this improvement.
On September the 2nd I received a second call from Frank
Shearer stating he was meeting with respondent on-site to verify what
would be needed to get the permit.
On September -- September 30th, 2008, I received some
additional information from Mr. Shearer what appeared -- they
appeared to be making forward movement toward compliance so I
granted some additional time.
On the 6th of October a permit was issued, No. 2008110256 for
the improvement, but was rejected during plan review for setback and
septic issues.
On the 17th the permitting department sent Mr. Goodman a plan
review rejection letter and as of today no further actions have been
taken for this permit.
On the 8th I prepared the case for Code Enforcement Board and
as of today the permit is still in applied status.
The photos are -- were taken yesterday. This was basically a
garage in front of the structure. As you can see on B-1 the -- where
the one window you see, that used to be the entry to the garage.
This photo indicates from the street where the garage door was
Page 60
Fe~ru~ 2~ 2009_
lb 11 A
formerly. This is viewed from the other side of the structure. Y ou~ '
note the door there on the left-hand side and the next photo is a
close-up of the same. This is an exterior door that was also added.
And it's, in fact, just one small room inside that door that is a laundry
facility -- communal laundry facility.
I did have -- Mr. Goodman did meet me on-site, gave me a tour
through the interior of the property; however, the photos didn't
turnout. I went back yesterday to try to get some interior photos but,
unfortunately, nobody was home to allow me entry.
MR. L'ESPERANCE: You said the changes and addition do
include plumbing or they do not?
MR. MARTINDALE: That I can't advise, sir. It was a garage
what was permitted prior to that in the garage area.
MR. KELLY: And, Investigator, you said you had a site plan or
some kind of layout?
MR. MARTINDALE: Yes. I'm sorry, sir. It's No. C here. It
will be the lower left-hand colored portion that is green in color. That
is the appraiser's site plan. And that shows it's very basic, very
rudimentary, but it shows that that is a garage and that's the location
that was actually converted.
MR. KELLY: Were you able to find the original permits that
showed that it was originally constructed and inspected as a garage?
MR. MARTINDALE: Yes, sir. Yes, sir. I have all permits on
file. And as Mr. Goodman he has many, many records there. He's
been -- Mr. Goodman might advise -- the respondent has been very
forthcoming in this. It's -- we've had some lack of communication at
times, but he's been very, very understanding and cooperative.
MR. KELLY: Okay. Great. Thank you.
CHAIRMAN LEFEBVRE: Go ahead, Mr. Goodman.
MR. GOODMAN: I don't know what to say.
MR. LARSEN: Well, good morning, Mr. Goodman. How are
you today?
Page 61
MR. GOODMAN: Very well.
MR. LARSEN: What's the -- what's the status with your garage?
Did you convert it over to -- is it part of the living area?
MR. GOODMAN: Yes. It's a living area. I enclosed the garage
and added the door on the side knowing better. I should have not done
it without the permit.
MR. LARSEN: So how do you want to resolve this?
MR. GOODMAN: I'm going to resolve it by -- financial
problems, of course, is part of it. I have the drawings from Shearer
that we agreed on because of what it's kicked out for. I still haven't
had a call back. I'm very bad about -- okay. I waited a little bit long
here. When I got this letter, I started pursuing it faster again. Of
course, the same thing with my architect-engineer. I had to call him.
Where's the paperwork. He came and went through the whole house
with me. We've got a complete floor plan of the existing house
because there is no floor plan of except the additions. There's been
four owner/builder additions. As you heard, my address, it's two
doors down. It's actually not there yet either. I'm living in another
place.
But this was my home, the first home I ever bought. I've been in
it many years. All this work was done while I was there and I done it.
I got the new drawings. I just received them, dated and stamped by
him. He had let it fallen back. I forgot about it. When I found out
about this hearing, I'm calling, Hey, where's those drawings. I got to
pursue it again, you know, 50 percent.
MR. LARSEN: What do you want us to do for you, Mr.
Goodman?
MR. GOODMAN: Well, the only thing I'm concerned about--
okay. I don't like -- he -- Mr. Martindale, I guess, I was here at 8:30,
didn't get to talk to him. Everything was starting to come to deal so he
handed this to me a little bit later. Here, look at this. And, you know,
more time is what I need.
Feb~6,!OQ.Q
16' i'A4
Page 62
MR. LARSEN: How much time?
MR. GOODMAN: Because of financial part of it, I'm going to
have to bring this stuff up to today's codes. When this was built, it
was not done -- the window's not going to be -- it will meet the code.
I'll take it back because I got hurricane shutters. One of the doors
opens in instead of out. Today an exterior door cannot open that way.
MR. LARSEN: Besides the electric that was originally in the
garage, did you add any additional electric in there?
MR. GOODMAN : Yes, I did, a little bit.
MR. LARSEN: What, are they outlets?
MR. GOODMAN: There was no outlets changed. I tied in one
outlet to put the light to the laundry room which is owner/builder. All
the electric in it was owner/builder before. I'm a licensed certified
general contractor. I'm very knowledgeable of knowing what will
meet code. It's all built to code. What I done was that was not done to
code was pull the permit.
CHAIRMAN LEFEBVRE: Well, being that you're a general
contractor then --
MR. GOODMAN: I did it under owner/builder though. I was
living in it. Yes.
CHAIRMAN LEFEBVRE: The point I wanted to make, before
you interrupted me, was being a general contractor in Collier County,
you should know that a permit had to be pulled.
MR. GOODMAN: Absolutely I did.
CHAIRMAN LEFEBVRE: And so forth so that actually puts an
added responsibility on yourself knowing --
MR. GOODMAN: I understand that.
CHAIRMAN LEFEBVRE: Okay. So, in fact, you do agree that
there is a violation there?
MR. GOODMAN: Yes.
CHAIRMAN LEFEBVRE: Okay. Very good.
MR. KELLY: In light of that testimony, I'll make a motion that a
.,..
fC1i t J,?-
Page 63
t6bil ~lJOo -
violation does exist so we can talk about recommendations. 4 ,
MR. KAUFMAN: I'll second.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Do you have a recommendation?
MR. MARTINDALE: The county recommends that the Code
Enforcement Board order the respondent to pay operational costs
incurred in this matter which would be $88.14; to obtain the required
Collier County Building or demolition permits; all required
inspections up through and through issuance of certificate of
completion --
(Microphone static.)
THE COURT REPORTER: I'm sorry. Would you repeat that
last part?
MR. MARTINDALE: Sure.
CHAIRMAN LEFEBVRE: Does anyone have their phones near
a mic that's going off?
MR. KELLY: Okay. Thank you, sir.
MR. GOODMAN: I don't know if that's it or not.
MR. KELLY: That's usually it. The cell phones --
CHAIRMAN LEFEBVRE: Don't forget. Why don't you turn it
off and put it back in your pocket. That way you don't forget it
Page 64
because you might.
MR. GOODMAN: It's in vibrate. I turned so it wouldn't do that.
I apologize.
CHAIRMAN LEFEBVRE: No problem. But, yeah, that way
you don't forget it and have to come back.
MR. GOODMAN: Very well. Thank you.
MR. MARTINDALE: Would you like me to start over?
MR. KELLY: Please.
MR. MARTINDALE: The county recommends that the
operational costs total of $88.14 -- $88.14 occurred be paid; and that
the subject obtain Collier County building or demolition permits, all
required inspections and a certificate of completion or occupancy
within X amount of days or a fine of X amount of dollars per day will
be imposed for each and any violation that remains.
The respondent must notify the Collier County Code inspector
when the violation has been abated in order to conduct a final
inspection to confirm abatement. And if the problem -- this problem
fails to abate the violation, the county may abate the violation and
may use the assistance of the Collier County Sheriffs Department to
enforce the provisions of this order.
MR. KELLY: A question to the respondent. Sir, basically this is
a standard order.
MR. GOODMAN: Yes.
MR. KELLY: And we have to fill in the blanks.
MR. GOODMAN: Yes.
MR. KELLY: How much time do you think you're going to need
to help us fill in the blanks?
MR. LARSEN: Can you get it done in 60 days?
MR. GOODMAN: Financially, no.
MR. LARSEN: How about 90 days?
MR. GOODMAN: Financially, no.
MR. LARSEN: What about 120 days?
February 26, 2,909
161'1 'A4 1
Page 65
1l>tr-6A2~~
MR. GOODMAN: Financially, no.
MR. LARSEN: When do you think you could get it done?
MR. GOODMAN: I can't answer that question. My financial
situation is in very bad shape. I don't even know that I'll own this
property in the amount of time that you're saying in any of those
amounts of time. I am not able to make the mortgage payments. I
have the paperwork together. I want to pursue it and I will pursue the
permitting so that I can get the permit like I had.
In fact, there was two violations written and one of them was
permitted and tooken (sic) care of with a little bit of fault to me of ever
getting it inspected. I did get the permit and demolished the property
that was built on easement -- setback easement.
The 180 days I think I can -- either I'll have it done or I won't
own it. And then once I don't own it, I don't want to sign that I'm
liable personally for the 200. I'd rather realistically -- my
understanding I'd rather have a fine imposed now that goes against the
property because it goes to the backside on a lien and then I'm not
personally liable where the police department's going to come after
me. I'm not understanding that. I'm scared of signing that part of it
and signing it like I'm personally liable. Because my understanding
right now would be the fines are assessed against the property. And if
I'm -- you know, I don't want it assessed to me where it comes to me
at my home that I do live at.
MR. KELLY: You're -- you're correct. The fines do go against
the property, but typically what's happened in the past is the board
does not like to take the responsibility that now lies on you as the
current property owner and pass that on even if it's to the bank.
Eventually the bank's going to liquidate that and it's going to go to
some private homeowner. And you want to buy a home and have a
lien on it.
MR. GOODMAN: No, I wouldn't. No, I wouldn't.
MR. KELLY: So, if anything, that usually pushes the board to
Page 66
16efr6,2Ao9
try to get you to take care of it even quicker. And as a contractor it's 4
great to know you can fix some of these things yourself.
MR. GOODMAN: Yes.
MR. KELLY: Like turn the door around or something.
MR. GOODMAN: And that's all in the drawings. I just have to
get it -- again, you can see that it's dated. I just got it the last couple of
days. And next week -- by next week I will be back down at the
county and reapply. I've got questions yet for the septic tank people.
The Health Department came with this one. We want that whole floor
plan for no reason why. I mean, in any of this addition there's no
plumbing. It's strictly electrical. Why the Health Department's come
into it and stepped in, I don't know. I think it's because the original,
what do you call it, complaint -- not the complaint, what you had
written up at first?
MR. KELLY: Violation.
MR. GOODMAN: It talked about maybe plumbing and
everything. The only plumbing is in the garage -- here is the actual
permit plans, job site. It shows the washer and dryer.
CHAIRMAN LEFEBVRE: Mr. Goodman, we're trying to fill in
the blanks right now.
MR. GOODMAN: I'm -- okay. So I'm not sure how long it's
going to take either because I don't know what all I've got to come up
with now so...
CHAIRMAN LEFEBVRE: I don't know if this is relevant or
not. Are you currently in foreclosure with this property?
MR. GOODMAN: No.
MR. LARSEN: I'd like to make a motion, Mr. Chairman. I'd
like to move that we -- we give the respondent 120 days in order to
obtain the required permits and inspection and certificate of
completion or demolition and, otherwise, impose a fine of $1 00 per
day.
CHAIRMAN LEFEBVRE: Do I hear a second?
Page 67
16e~nrf6A 2l<*
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
MR. KELLY: I like the order. I'm sorry. I like the motion. My
only hesitation is with consistency. I mean, when you have case after
case where we've been doing 200 a day, I feel that the time frame is
very fair. I was going to say 90 days. I feel the time frame is very
fair, but I don't think the fine amount is consistent with--
MR. LARSEN: All right. If I amended my motion to $200 per
day --
MR. KELLY: I would go along with that.
MR. L'ESPERANCE: I will amend my second if you amend
your motion.
MR. LARSEN: So this is going to be the motion. To obtain a
county building or demolition permit or required inspections and a
certificate of completion or occupancy within 120 days the amount of
days or a fine of $200 per day will be imposed for each day any
violation remains.
Now, do I have to read, Jean, the entire recommendation again?
MS. RAWSON: I would -- yes. I would read the last two parts
including the cost.
MR. LARSEN : Yes, ma'am. All right. And I believe those
operational costs were --
MR. DEAN: Eighty -eight fourteen.
MR. LARSEN: Eighty-eight fourteen. All right. All right. That
the Code Enforcement Board will order the respondent to pay
operational costs in the amount of$88.14 incurred in the prosecution
of this date -- case within 30 days and abate all violations by (1)
obtaining a county building or demolition permit, all required
inspections, and a certificate of completion, slash, occupancy within
120 days or a fine of $200 per day will be imposed for each day any
violation remains; (2) the respondent must notify the Code
Enforcement investigator when the violation has been abated in order
Page 68
February 26, 20.09
to conduct a final inspection to confirm abatement; ~Rfthf. A 4
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 the order.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Okay, Mr. Goodman. You're all set.
MR. MARTINDALE: Thank you very much.
MR. GOODMAN: Thank you.
MS. FLAGG: Mr. Chair, just as a point of clarification, the
violations do run with the property.
CHAIRMAN LEFEBVRE: Right.
MS. FLAGG: And through the blight prevention program that
we've set up in the Code Enforcement Department, what we're doing
as the cases are open and the bank files a lis pendens with the Clerk of
Courts or notifying the bank that there's a code violation on it in
requiring the banks to repair the code violation, the banks are not
going to be able to pass on that property to a buyer as long as that
buyer needs a loan to buy the property. Because we're now registering
Page 69
16 lel~ 26,.2.D09 '\
those code violations when the title companies are calling to A~f
there's a lien or a code violation on the property. The people buying
the property are not able to get a loan until the bank abates the
violation.
So we're assuring in our program of Stop the Bleed we're
assuring that these properties are not getting passed on to an
unsuspecting buyer. And I -- I do have to say at this point the Code
Enforcement team has achieved 100 percent compliance in having the
banks abate code violations.
MR. KELLY: It may be out of order, but that's a huge
congratulations to the Code Enforcement Department. That's a
win-win for everyone involved. That's great work.
CHAIRMAN LEFEBVRE: Thank you. Okay.
Any old business?
(No response.)
CHAIRMAN LEFEBVRE: We're going to move on to
imposition of fines. The first one is BCC vs. Reinaldo and Zoraida
Jardines and Sylvia Jimenez.
THE COURT REPORTER:. If you'll raise your right hand.
(The oath was administered.)
MR. AMBACH: Yes.
MR. JIMENEZ: I do.
THE COURT REPORTER: Will you state your name and spell
your last name.
MR. AMBACH: First name Christopher. Last name Ambach,
A-m-b-a-c-h, Investigator of Code Enforcement.
MR. JIMENEZ: Juan Jimenez. Last name J-i-m-e-n-e-z.
MS. WALDRON: This is in reference to Case 2007030794. On
January 24th, 2008, the Code Enforcement Board issued a finding of
fact and 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 4325, page 3005,
Page 70
February 26, 2009
for more information. 16 r l'~A 4
The respondent has complied with the CEB orders as of February
24th, 2009. The county's recommendation is to issue an order
imposing a lien in the amount of $5,114.90. The fine's at a rate of $50
per day for the period between October 25th, 2008, to February 26th,
2009, 96 days for the total of $4,800. Operational costs of $314.90
have not been paid.
MR. KELLY: I have a question real quick. You said that
originally came into compliance February 24th?
MS. WALDRON: Yes.
MR. KELLY: And the fines are incurring until February 26th?
MS. WALDRON: Yes. The -- the executive summary was
changed as per how I read it.
MR. LARSEN: All right. So it's $100 less than what we have?
MS. WALDRON: It's 100 less. It's two days less.
MR. LARSEN: So it's $5,114.90 instead of5,214.90?
MS. WALDRON: Correct.
CHAIRMAN LEFEBVRE: And what relationship are you? Are
you --
MR. JIMENEZ: I am Sylvia's husband and Reinaldo and
Zoraida's son-in-law.
CHAIRMAN LEFEBVRE: Okay. And you have the authority
to be here and represent --
MR. JIMENEZ: I do.
CHAIRMAN LEFEBVRE: -- the parties involved?
MR. JIMENEZ: I do.
MR. KELLY: Sir, could you just give us a brief description on
why it took longer to comply?
MR. JIMENEZ: Sure. As when I --last I came here was last
January. We had R-Cube Design (phonetic). It's an architectural firm.
They -- they did do the plans. They were not able to comply with
once we got involved with DEP and Civil Corps of Engineers. They
"
i
Page 71
..
1tf 16, 2~04 '
were not able to comply with -- or this was beyond their expertise.
So then we had to retain a Gina Green Engineering Firm in order
to follow through with DEP. DEP finally, you know, back and forth
we finally got a -- we finally got their approval September 30th. It
was mailed out September 30th. We actually got it, I think, on the 6th
or something. And then the permits were issued by the county on
October 21st.
The wall was then constructed in November. The complete wall
was done. The only thing that was missing we had to put in rip rap and
we also had to put in -- backfill the wall. We went back and forth with
-- because DEP had requested one to two on the size of rip rap which
is, like, one to two feet on the size of the stone. And nobody around
here has that. That doesn't exist. The one that exists is six to twelve.
They finally agreed that, you know, six to twelve would be fine. So
then we got the riprap. The entire wall, backfill, grading, everything
was done by, I would say, the end of December the beginning of
January .
On the county permits it states a engineer certification letter
needs to be provided. I contacted the engineer, said everything was
done. She had already done all her inspections and so she just wanted
to go see the backfill and the rocks.
Once she went to see, she contact DEP to make sure, you know,
to follow up with them to see what paperwork they needed to -- to
finalize the permit. And it's taken -- it took her until I think the letter's
dated the 17th we actually got the certification letter. I then called the
county and asked for the final inspection. And -- and then I -- I didn't
even know about this hearing until Monday.
MR. KELLY: Investigator, would you say that the respondent
worked diligently to get this taken care of? It just took longer than
what the board may have originally assumed it would?
MR. AMBACH: I believe there's -- there's some truth to that,
yes. I think he has -- I know he ran into some issues with a couple of
Page 72
Febru126.. 2009
the different firms he was working with. I think hI ~J Ji~gMde a
good- faith effort. Definitely.
MR. KELLY: And, sir, there's operational costs of$314.90.
Those -- we have no ability to waive. How soon could you have those
paid?
MR. JIMENEZ: I could pay it right now. As I stated to
Investigator Ambach, I would have paid -- I would have paid. The
last time I was here, I said, can I pay it here? They said, No. You will
receive something in writing over the mail. I never got that. And then
I said -- I even said to them this morning, Can I give you a check now
for that? And that -- that's not an issue.
MR. KELLY: Okay. In light of the testimony from the
respondent and the county stating that the respondent did work
diligently, I make a motion that we waive the fines and that the
operational costs would be the only thing that would actually be liened
unless something happens real quick here. You don't have to put that
.
In.
,
I
,
I
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second it.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Page 73
MR. JIMENEZ: Thank you very much.
CHAIRMAN LEFEBVRE: Thank you.
The next case will be Pry of Naples, LLC, Case No.
CES20080002782.
(The oath was administered.)
MR. SNOW: I do so swear.
THE COURT REPORTER: Thank you. State your name.
MR. SNOW: For the record Supervisor Kitchell, K-i-t-c-h-e-l-l.
Last name Snow, S-n-o-w.
MS. WALDRON: This is in reference to Case No.
CES20080002782. On July 31 st, 2008, 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 4385,
page 0692, for more information.
At this time the respondent has complied with the CEB orders as
of December 18th, 2008. The county's recommendation is to impose a
fine, lien at fines at the rate of $100 per day for the period between
November 25th, 2008, to December 15th, 2008, for the total of
$2,000. The operational costs of$89.42 have been paid. The total
recommended lien amount is $2,000.
MR. SNOW: Sir, I have talked to the respondents.
Unfortunately, they were not able to be here today. They did give due
diligence to try to get this CO'd when it was supposed to be CO'd.
They ran into some -- some problems with inspections and had to
come back. So they did give due diligence to try to alleviate this
matter. If the board remembers, they did come back and request more
time. So they have done everything they needed to do on their part.
MR. KAUFMAN: Do you recommend that this fine be abated?
MR. SNOW: I would -- I would agree with anything the board
would recommend.
MR. LARSEN: Supervisor Snow, did the respondents ask you to
F)bru~ 2~, 200Q
10 1'.1 " A 4
Page 74
February 26,~00Q..
make their request known to the board that they're seekt~ aL 1 ~ 4
abatement?
MR. SNOW: Yes, sir, they did.
MR. LARSEN: So it's just by circumstance or happenstance that
they weren't able to make it here today?
MR. SNOW: To be very honest with you, sir, until this was
done, I talked to Mr. Cook, who was the representative, three or four
times a week. And they had been very, very diligent on doing what
they were trying to do. And they just ran into some inspection issues
that -- that they couldn't handle and it got taken care of as soon as
possible.
MR. LARSEN: Based upon the respondents request for an
abatement of fine, I would suggest that basically we abate the fine, but
impose the operational costs that have already been paid from what I
understand.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: And do I hear a vote?
MR. LARSEN: All in favor.
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SNOW: I thank the board for its time.
Page 75
fgi'i 2\290Q
CHAIRMAN LEFEBVRE: The next case will be Marvm Ral~
Hoeman, and CB -- CEB No. CESD20080005124.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. PAUL: Yes.
THE COURT REPORTER: State your name, please.
MR. PAUL: Renald Paul, Collier County Code Enforcement
investigator.
MS. WALDRON: On October 31st, 2008, the Code -- the Code
Enforcement Board issued a finding of fact, conclusion of law and
order. The respondent was found in violation of the referenced
ordinance -- ordinances and ordered to correct the violation. See the
attached order of the board OR 4407, page 1781, for more
information.
At this time the respondent has not complied with the CEB orders
as of February 26th, 2009. The county's recommendation is to impose
a fine, lien at the fines at the rate of $50 per day for the period
between January 30th, 2009, to February 26th, 2009, 28 days for the
total of $1 ,400. Fines will continue to accrue on this case.
Operational costs of $87.57 have not been paid. The total
recommended lien amount is $1,487.57.
MR. LARSEN: And that's correct? That has not been complied
with?
MR. PAUL: Correct. This property's been foreclosed on by a
bank.
MR. LARSEN: So they don't have a certificate of completion for
the house itself?
MR. PAUL: No, they don't.
MR. LARSEN: And the house has now been foreclosed upon?
MR. PAUL: Correct.
CHAIRMAN LEFEBVRE: And now it's owned by the bank?
MR. PAUL: Correct.
Page 76
F1~it~R94
CHAIRMAN LEFEBVRE: Jean, do we have to notice the bank
instead of to impose this or -- or not?
MS . RAWSON : Well, I think it would probably help Ms. Flagg
and her staff out if we sent a copy of this order to the bank. I don't
know which bank.
MR. LARSEN: Well, I -- you know, we're -- we're here to
impose a lien. And although, you know, the -- the officer was good
enough to inform us there was some kind of foreclosure proceeding, I
don't think that has any impact on our determination of whether or not
to impose a lien today or not. I mean, basically what's before us is
whether or not we should impose a lien of 1,487.57 and operational
costs. And there is no opposition. So I would -- I would say that we
accept the recommendation, we impose the lien, and that no further
notice is required.
MR. KELLY: I agree, sir, but one thing and I'm sure I'm not
seeing it right. It says that the liens that are being imposed are for
order Item No.1 and No.3. One is the permits and certificate of
completion within 90 days. And No.3 is that the respondent if they
don't comply with paragraph 1, it would be a fine of $200 per day.
Now, on the order it says $50 per day. Am I -- are they the wrong--
the wrong order?
MS. WALDRON: No, you are correct.
MR. KELLY: So the fine amount would be --
MS. WALDRON: It would be $5,600.
MR. LARSEN: All right. Let's --let's just take a close look at
this because basically it's No.3 that everybody is concerned about.
And it's by order of the board January 29, 2009, there should be a fine
of $200 per day. So the county's recommendation needs to be
amended; is that correct?
MS. WALDRON: Correct.
MR. LARSEN: Okay. The amendment proposed by the county
.
IS --
Page 77
1tbr'f:lilA4~
MS. WALDRON: It would be fines at the rate of $200 a day for
the period between January 30th, 2009, to February 26th, 2009, 28
days for a total of$5,600. The total recommended lien amount would
be 5,687.57.
MR. LARSEN: All right. So -- so the county's recommendation
now is to impose or issue an order imposing a lien in the amount of
$5,687.57; correct?
MS. WALDRON: Correct.
MR. LARSEN: And kudos to Mr. Kelly for finding this.
MS. WALDRON: Kudos to Mr. Kelly.
MR. KAUFMAN: I think we ought to follow what Jean had
mentioned. Basically we're putting a lien on a piece of property that
the owner doesn't own anymore. The lien goes with the property. The
owner of the property now is the bank. And I think we should for no
other reason because of that let the bank know.
CHAIRMAN LEFEBVRE: Yes.
MS. RAWSON: Well, if I know which bank it is. Because what
the order also says is that the fines will continue to accrue until it's
abated. So if I were the bank, I'd be happy to know that.
MR. DEAN: Jean, can I ask a question. Ifwe -- when we do the
lien, don't we still have to do the owner of the property? I mean, even
though you're in foreclosure --
CHAIRMAN LEFEBVRE: It's foreclosed upon; right? The bank
owns the property?
MR. DEAN: I don't know that. I didn't hear it that way.
MR. PAUL: They foreclose. They don't have title.
MR. DEAN: They don't have the title?
MS. FLAGG: Just a point of clarification. What that means is
that the bank has filed a lis pendens which means that they have an
intent to foreclose --
MR. DEAN: Oh, okay.
MS. FLAGG: -- but they have not received the certificate of title
Page 78
16 rerf~~009:
to the property. If the property is unoccupied, the banks have in their
mortgage documents the ability to go in and abate violations before
they have certificate of title.
So if this property is not occupied, what we're finding is the
banks, in order to stop the fines, are going in before they have
certificate of title and abate the violations.
MR. KELLY: Well, in that case, I'll make a motion that we
accept and impose the -- accept the order and impose the fines of
$5,687.57. Fines will continue to accrue until the violation is abated.
MR. LARSEN: And operational costs are included in that
5,687.57?
MR. KELLY: Correct.
MR. LARSEN: Okay. I second that motion.
CHAIRMAN LEFEBVRE: Any further discussion?
MR. KAUFMAN: Before we do, are we going to notify the
bank?
MS. FLAGG: I assure you, the bank will be notified.
MS. RAWSON: This order is going to get recorded. And so, you
know, they're going to know. It's also going to be sent to Mr. Hoeman
by the way.
MR. DEAN: Okay.
CHAIRMAN LEFEBVRE: With that no further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
Page 79
February 26, 2009
(No response.)
CHAIRMAN LEFEBVRE:
MR. PAUL: Thank you.
CHAIRMAN LEFEBVRE: The next one will be Susan B.
Williams, Code Enforcement No. 2007060820.
(The oath was administered.)
MR. BALDWIN: I do.
THE COURT REPORTER: Would you state your full name,
please.
MR. BALDWIN: Patrick Baldwin, Collier County Code
Enforcement Investigator.
MS. WALDRON: On September 25th, 2008, the Code
Enforcement Board issued a finding of fact, conclusion of law and
order. The respondent was found in violation of the referenced
ordinance -- ordinances and ordered to correct the violation. See the
attached order of the board OR 4398, page 3870, for more
information.
At this time the respondent has not complied with the Code
Enforcement Board orders as of February 26th, 2009. The county's
recommendation is to impose a lien as follows: Fines at a rate of $50
per day for the period between January 4th, 2009, to February 26th,
2009, 33 days, for a total of$1,650. Fines continue to accrue.
Operational costs of $87.44 have not been paid. The total
recommended lien amount is $1,737.44.
CHAIRMAN LEFEBVRE: I actually remember this where the
builder made the changes, but without the permits, I guess?
MR. BALDWIN: Yes.
CHAIRMAN LEFEBVRE: Without changing the original floor
plan around?
MR. BALDWIN: Yes.
MR. KAUFMAN: Have you had any contact with the
respondent?
16 11~: ~
Motion passes. A 4
Page 80
F lbrua~ 26, 2009.--
10 I i~ A
MR. BALDWIN: No, not in about five months. I have mliue 4
numerous phone calls, but the phone just keeps ringing. No answering
machine.
MR. LARSEN: I make a motion that we impose the lien in the
amount of $1,737.44 cents which includes a -- the fine for a period of
33 days for a total of 1,650 plus the operational costs of$87.44 which
have not been paid.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second that motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
The next case will be BCC vs. Adalberto and Martha Garcia,
CEB No. 2007100929.
THE COURT REPORTER: If you'll raise your right hand.
(The oath was administered.)
MR. SANTAFEMIA: Yes, I do.
MR. GARCIA: Yes.
THE COURT REPORTER: And, again, if you will state your
name.
CODE ENFORCEMENT OFFICER: For the record John
Santafemia, S-a-n-t-a-f-e-m-i-a, Property Maintenance Specialist
Page 81
Collier County.
THE COURT REPORTER: And your name is--
MR. GARCIA: And my name is Adalberto Garcia.
THE COURT REPORTER: Thank you.
MS. WALDRON: On April 24th, 2008, 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 4356, page 1847, for more information.
The respondent has complied with the CEB orders as of August
26th, 2008. The county's recommendation is as follows: To impose
fines at a rate of $200 per day for the period between August 23rd,
2008, to August 26th, 2008, four days, for the total of $800.
Operational costs of $416.05 have not been paid. The total
recommended lien amount is $1,216.05.
CHAIRMAN LEFEBVRE: You were -- it took you four days
longer?
MR. GARCIA: Yes, four days. But all the inspections was
finished on August 22 and -- but I was waiting the four extra days for
-- take the CO. And the CO on August 26th. But all the -- all the
inspections was finished in August 22.
CHAIRMAN LEFEBVRE: Is that correct?
MR. SANT AFEMIA: That would be correct.
CHAIRMAN LEFEBVRE: Okay. Has he been diligent in--
MR. SANTAFEMIA: Absolutely. Mr. Garcia has been nothing
but cooperative and has been due diligence.
CHAIRMAN LEFEBVRE: Okay.
MR. KELLY: I have a question.
CHAIRMAN LEFEBVRE: Sure.
MR. KELLY: Investigator, is it the normal process on permit
cards that there's an actual call-in procedure to request the certificate
of occupancy or is that something that's automatically generated after
February 26, 2009
161,1"*4 .
Page 82
all the inspections have been passed?
MR. SANT AFEMIA: After the final inspection is complete and
the inspector turns that in, it is entered into the computer and he's
issued the certificate of completion.
MR. KELLY: So the four days is really just a procedural waiting
time on the county's side?
MR. SANT AFEMIA: I'm not -- to be honest with you I'm not
sure what happened there as far as why there was that delay in that
getting inputted into the computer. That is the only information I have
to rely on. And my affidavit of compliance is what's entered into the
computer, the dates they put in. So that's why I had to go with that.
Why that happened, I couldn't even explain.
MR. KAUFMAN: Mr. Chairman, I'd like to make a motion that
we abate the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any discussion?
MR. KELLY: Quick discussion is the operating costs.
MR. DEAN: Yeah. What about the operational costs?
CHAIRMAN LEFEBVRE: We can't do anything with
operational costs.
MR. KELLY : Yeah. I just -- if we could let the respondent
respond.
CHAIRMAN LEFEBVRE: The operational costs you will have
to pay 416.05 -- $416.05.
MR. GARCIA: Okay. And -- and how much is total?
CHAIRMAN LEFEBVRE: That is the total.
MR. DEAN: Total.
CHAIRMAN LEFEBVRE: Four hundred and sixteen dollars
and five cents.
MR. GARCIA: Okay. And one question. I receive this bill by
mail or --
Februaty 26',.~09 \
1611!~A4
Page 83
MR. LARSEN: No. No.
MS. WALDRON: You can pay it here. I would suggest -- well,
this is up to the chair, but we either need to impose that operational
costs or he needs to pay it now to avoid that.
MR. GARCIA: How much money?
MR. LARSEN: One way or the another we have to impose it in
order for it to be due and owing; right?
MS. WALDRON: Well, you're going to place a lien on the
property for the operational costs if you impose that today. If he pays
it right now, he won't have a lien on his property.
CHAIRMAN LEFEBVRE: Okay. Do you have the ability to
pay $416 --
MR. GARCIA: I can pay that now.
CHAIRMAN LEFEBVRE: You can pay that now?
MR. GARCIA: Yes, I can pay now.
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: Then we won't impose the fines or
the operational costs.
MR. KELLY: So we have a motion and second?
CHAIRMAN LEFEBVRE: Yes. Well, we'll remove that
motion.
MR. KELLY: Okay. Yeah. You might want to withdraw it
then.
MR. KAUFMAN: Withdrawn.
MS. RAWSON: This is interesting. If I don't put this in the
order and if I put in the order that the operational costs, like I did in
the last case, have been paid, you have to let me know if they don't
pay.
MR. KAUFMAN: Why don't you walk over and pay it and then
we'll make the motion.
MR. KELLY: There's a little bit of trust.
CHAIRMAN LEFEBVRE: Is that okay?
February 26, 2009_
16 11 1\ 4
Page 84
MR. SANTAFEMIA: Sure.
CHAIRMAN LEFEBVRE: Sir, if you can go ahead and write a
check.
MR. GARCIA: Okay.
MR. LARSEN: All right. We're going to -- all right. So the
motion now is basically -- well, we're going to abate the fine.
CHAIRMAN LEFEBVRE: Right, abate the fine, yeah.
MR. LARSEN: And then operational costs have been paid.
MR. KAUFMAN: Have been paid.
CHAIRMAN LEFEBVRE: Have been paid, yes.
MR. LARSEN: Okay. So the motion is to--
MR. KAUFMAN: Abate the fine.
MR. LARSEN: -- abate the fine. I second the motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: And all those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SANT AFEMIA: Thank you.
CHAIRMAN LEFEBVRE: The next case is Roberto Reyes vs.
CEB and the number is 2007090686.
THE COURT REPORTER: If you'll raise your hand.
(The oath was administered.)
MS. PEREZ: Yes, I do.
February 26, 2009
16 I 1': ~A 4 '
Page 85
February 26, 20{)9
THE COURT REPORTER: Would you state YOl.J~JJ. 1\ 4 '
MS. PEREZ: For the record Code Enforcement Supervisor
Christina Perez.
MS. REYES: I do.
THE COURT REPORTER: And your name?
MS. REYES: Marina Reyes.
CHAIRMAN LEFEBVRE: Are you going to be translating for
him?
(The oath was administered for an interpreter.)
MS. REYES: I do.
THE COURT REPORTER: Thank you.
CHAIRMAN LEFEBVRE: And you have complied. You were
three days -- it took an extra three days?
MS. REYES: Yeah.
CHAIRMAN LEFEBVRE: And the reason why it took three
extra days to comply with our order?
MS. REYES: We requested on the 22nd, but it take it a few days
CHAIRMAN LEFEBVRE: To come out?
MS. REYES: Yeah.
CHAIRMAN LEFEBVRE: The inspector to come out and
everything?
MS. REYES: Uh-huh.
MR. LARSEN: Three days or four days?
CHAIRMAN LEFEBVRE: I'm sorry. Four days. Have they
been forthcoming and trying to correct the issue?
MS. PEREZ: Yes, sir.
CHAIRMAN LEFEBVRE: Do we have any other questions
from the board?
MR. L'ESPERANCE: What's the county's recommendation?
MS. WALDRON: Do you want me to read or are you asking for
a recommendation?
Page 86
"
1 rtfiM<A ltlJ~-
MR. LARSEN: No. I want to make a motion to abate the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second the motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. PEREZ: Thank you, board members.
MR. LARSEN: You don't have to pay.
MS. REYES: No? Okay. Thank you.
MR. LARSEN: The fine's been abated.
MS. REYES: Thank you.
CHAIRMAN LEFEBVRE: Thank Ed for that. All right.
Any new -- new business?
MR. DEAN: I have something under new business.
CHAIRMAN LEFEBVRE: Go ahead, sir.
MR. DEAN: In light of Mr. Richard Kraenbring resigning, I'd
like to make a motion to appoint Ken Kelly as vice chair.
CHAIRMAN LEFEBVRE: I think we did that already at the
beginning.
MR. DEAN: I don't remember.
MR. KELLY: Thank you, though.
MR. L'ESPERANCE: That's another vote for you.
Page 87
fen ZM, 4-
MR. DEAN: Are you telling me that was at the beginninftfthe
meeting?
MR. KAUFMAN: Senior moment.
MR. DEAN: I left the room.
CHAIRMAN LEFEBVRE: Approval of vice chair.
MR. DEAN: Boy, you guys are quick.
MR. LARSEN: You asked for a discussion on it.
MR. DEAN: That's why I did it. Okay.
CHAIRMAN LEFEBVRE: You want to discuss it now?
MR. DEAN: You know, I think I just did. Thank you.
CHAIRMAN LEFEBVRE: Thank you, Larry.
Request to forward cases to County Attorney's Office, do we
have any cases?
MS. WALDRON: There are not at this time.
CHAIRMAN LEFEBVRE: Okay. Any reports?
MS. WALDRON: There are none at this time.
CHAIRMAN LEFEBVRE: Any comments?
MS. WALDRON: I have no comments.
CHAIRMAN LEFEBVRE: Okay. No comments from the
board. The next meeting will be March 26th, 2009.
MR. KELLY: One comment. Just to recap again. I mean, you
know, the fact that these fines and liens accrue and continue to mount
and go with the property is one thing that we've always struggled with.
And with all the foreclosures and banks taking on these loans, for the
county to kind of be able to put a stop to that and not have
unsuspecting new buyers inherit these fines and these problems, I
think that's terrific. Absolutely outstanding.
CHAIRMAN LEFEBVRE: And do I have a motion to adjourn?
MR. DEAN: Motion to adjourn.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKY: Second.
CHAIRMAN LEFEBVRE: Is there any discussion?
Page 88
(No response.)
CHAIRMAN LEFEBVRE: I didn't think so.
MR. DEAN: Can't discuss. Roberts rules of order.
CHAIRMAN LEFEBVRE: All right. Motion in favor? Go
ahead.
MR DEAN: Go ahead. Are we adjourned?
CHAIRMAN LEFEBVRE: All in favor?
MR. LA VINSKY: Aye.
MR. KAUFMAN: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
(Whereupon, meeting concluded at 11 :35 a.m.)
February ~ 20Q9
1611 _A4
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chairman at 11 :35 a.m.
RCE~NTBOARD
/".' ..~
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,e'..J'
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VRE, CHAIRMAN
These minutes approved by the board on
presented or as corrected
as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CAROLYN J. FORD, RPR, FPR
Page 89
16 11 I II
February 26, 2009 A 4i
Naples, Florida, February 26, 2009
RECEIVED
APR 1 5 2009 i
80ans t'
o COUllty~
LET IT BE REMEMBERED that the Collier County Code Enforcement Board,
having conducted business herein, met in a WORKSHOP SESSION on this date
at 11 :45 AM in the Administration Building "F," 3rd Floor, Collier County
Government Complex, Naples, Florida, with the following members present:
CHAIRMAN:
Vice Chairman:
Edward L. Larsen
Kenneth Kelly
Larry Dean
James Lavinski
Gerald J. Lefebvre
Lionel L 'Esperance
Robert Kaufman
SPECIAL MAGISTRATE: Brenda Garretson
ALSO PRESENT: Marjorie Student-Stirling, Assistant County Attorney
Diane Flagg, Director, Code Enforcement
David Scribner, Code Enforcement Investigations Manager
Susanna Capasso, Code Enforcement Investigative Supervisor
Jeff Letourneau, Code Enforcement Investigative Supervisor
Cristina Perez, Code Enforcement Investigative Supervisor
Kitchell Snow, Code Enforcement InvestigatQrst,~isor
Jennifer Waldron, Code Enforcement Specialist
Jean Rawson, Counsel for the CEB Date:__
Item
~,.;ojes to
"
16uLy lt~ 9 A 4
Chairman Larsen called the Workshop to order at 11 :48 AM.
Chairman Larsen asked Jean Rawson, Attorney to the Code Enforcement Board, if Members
were allowed to make motions and vote during a Workshop.
CEB Attorney Rawson stated instead of a motion, the Committee can come to a consensus
concerning items to be voted on during regular CEB meetings, such as changes to an agenda or
CEB Rules and Regulations.
Chairman Larsen stated Diane Flagg, Director, Code Enforcement Department, will give a
short presentation on the status of the blight issue.
The Rules and Regulation were reviewed first.
1. ROLL CALL
Roll call was taken and a quorum was established.
Ms. Waldron noted the information packet provided to the Members did not contain a complete
set of "Special Magistrate Rules and Regulations" (pages 2, 4, 6 and 8 were omitted), but no
changes were anticipated.
2. APPROVAL OF ADGENDA
(No motion)
3. AGENDA ITEMS
a. Review Rules & Regulations
Chairman Larsen did not have any changes to the Rules and Regulations for the Code
Enforcement Board.
Larry Dean suggested a change to Article X, "Reduction or Abatement of Fines Prior to
Imposition of Fine," on Page 8, as follows:
. The first sentence under "Section I" stated "A Motion for Reduction of
Abatement of Fines shall be in the form of a written request."
He stated that oral requests are often made and granted, and suggested the
revising the language.
Ms. Waldron stated it was up to the CEB' s discretion as to whether an oral
request would be heard,
CEB Attorney Rawson suggested changing the word "shall" to "may." She
stated all changes will be voted upon during the CEB' s meeting in March, 2009.
Mr. Dean also suggested a change to Article IX, "Hearings," on Page 7, under paragraph
"0," as follows:
. The second to last sentence stated "In addition, the Respondent/violator may be
ordered to pay any Operation and/or Prosecution Costs incurred."
He stated Operational Costs are required to be paid and suggested changing the
word "may" to "shall."
No exceptions are allowed concerning the payment of Operational Costs.
2
I ~Jary~6, 2A 4
Special Magistrate Garretson noted, in the Special Magistrate's Court, the practice has
been to require submission of written Motions (formerly referred to as "Requests") for
Abatement or Reduction of Fines. She stated an Investigator will inform her whether or
not a Respondent is in compliance and will produce a written Affidavit of Compliance or
Non-Compliance for her consideration. She further stated there are exceptions. and
flexibility is allowed, but Operational Costs are always assessed.
Special Magistrate Garretson stated the Code Enforcement Department receives calls
from Respondents and each caller is informed of the requirement for a written Motion.
Mr. Lefebvre stated Respondents are required to appear at CEB Hearings and it would
be "unfortunate and/or inconvenient" to require an appearance at a second Hearing to
produce a written Motion.
Ms. Waldron stated if she is contacted by a Respondent in advance of the Hearing, they are
asked to forward the written Motion to her.
Mr. Dean also suggested a change to Article IX, "Hearings," on Page 6, under paragraph
"h," as follows:
. The sentence "All persons testifying before the Board shall do so under oath" is
not correct since Attorneys are not required to be sworn.
CEB Attorney Rawson explained that, although attorneys are Officers of the
Court, they are sworn in when representing a client at a CEB Hearing especially if
the client is not present at the Hearing.
Vice Chairman Kelly noted "Motions for Impositions of Fines and Liens" appeared in
two places on the CEB Agenda and suggested the following changes:
. Add "D" under Item 4 of the Agenda
. "Motions for Impositions of Fines/Liens" will be moved from "Item 7" to "D"
. Add "E" under Item 4 of the Agenda
. "Motions for Reduction or Abatement of Fines" will also be moved to "E"
He further stated the Rules and Regulations also need to be changed.
Special Magistrate Garretson referred the Members to Article VI, "Order of Business,"
on Page 3.
Mr. Kaufman noted the CEB's costs differ from the costs imposed by the Special
Magistrate. He asked if the CEB's costs were reviewed/adjusted on a yearly basis and
what were the components of the costs.
Ms. Waldron stated there were different components for each Hearing. The Special
Magistrate costs include a charge for the Special Magistrate's time. The CEB does not
charge for staff s time, but does charge for copying, mailing, and recording fees.
It was noted there was a Court case in Sarasota concerning recovery of costs, and Court
ruled government should not charge for doing business since taxpayers were already
paying for government to function - only "real" costs can be recovered.
Chairman Larsen stated there were a number of Rules on Page 6 that were not applied
to every case. He suggested changing the last sentence in the first paragraph, specifically
changing the word "will" to "may." The change will allow the CEB some flexibility or
discretion.
3
16FUtiA4
The suggested changes will be distributed at the March meeting for review, approval and
signature.
Special Magistrate Garretson stated she will review the Rules and Regulations
applicable to the Special Magistrate to see if the same changes should be made.
(Special Magistrate Garretson left at 12: 16 PM)
4. COMMENTS
Blight Prevention Program - Diane Flagg, Director, Code Enforcement
The Program was developed by Code Enforcement after conferences with Bank
representatives throughout the country to ascertain the needs of the Banking Industry. Blight
became a severe problem due to numerous suits between banks and Government (Counties
and cities) which resulted in properties remaining vacant and becoming rundown.
The Program went into effect in November, 2008.
. 5 Community Task Form Teams were formed with membership from the Sheriffs
Office, Domestic Animal Services, Code Enforcement, representatives from various
Civic Associations and Homeowners' Associations
. Meetings are open to the public and information concerning dates/times is available
on the County's website
. Meetings provide a forum for agencies to discuss issues regarding foreclosed
properties with community members
The investigative process:
. Properties are identified and inspected for potential Code violations
o If violations are found, the case is forwarded to the Foreclosure Team
. A Foreclosure Investigator notifies a Bank, via email, of a property's condition, cites
the violations and the required steps to abate
o Banks requested a single point of contact to facilitate communication
. If compliance does not occur, or if the County abates the violation, a lien will be
placed against the property preventing a sale
. Compliance time frames average between 24 to 72 hours
. Cooperation with Banks has been successful- not one Bank has refused to comply
. An affidavit of compliance is forwarded to the Bank allowing payment to be made to
a Contractor
"Community Caretaking List: "
. After compliance, a vacant property is placed on a "Community Caretaking List"
. The Community Task Force is sent a copy of the List on a monthly basis
. Properties are watched to assure they remain in good condition
. The Task Force may add properties to the List
. The Code Enforcement website allows an individual to anonymously file a complaint
and/or check the status of a property
4
16 I~, r
Febru~*26, 'A~
Ms. Flagg stated community response has been positive. Approximately 300 properties are
part of the Program. The Code Enforcement Statfis completely involved in the Program.
Discussion ensued concerning Code Enforcement's ability to maintain participation in the
Program without stretching its resources and taxing its Investigators.
Ms. Flagg stated, in order to continue the current level of efficiency and effectiveness,
additional Investigators will be needed. The goal is to be unable to distinguish an occupied
home from a vacant property in a neighborhood.
She also stated the CEB' s ability to place a lien on a foreclosed property allows the
Department to immediately notify a Bank which begins the abatement process. Properties
are removed from the "market" until all violations have been abated and only placed back for
sale. Buyers are protected from purchasing defective properties that will be expensive to
repaIr .
Code Enforcement will alert the County's Housing & Human Services Department and Real
Estate Services of the status of properties under consideration for purchase through the
Neighborhood Stabilization Program ("NSP") Grant.
Vice Chairman Kelly noted H&HS' program (County purchasing properties for rehab and
resale), created prior to the inception of the NSP, was the model utilized by the Federal
government as the basis for the NSP.
5. NEXT MEEETING DATE (CEB HEARING) - March 27, 2009
There being no further business for the good of the County, the Workshop concluded by
order of the Chair at 12:40 PM.
COLLIER Co:;r ;;E ENFORCEMENT BOARD
f
c,
The Minutes were approved by the Board/Committee on
as presented , or as amended
5
16JIf2~!.o~ /
TRANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BO~la rlF~_ _ '/
Naples Florida Halas ~ .'
, HQnnlng :r:.JJ-
March 26, 2009 Coyle v ~
180ard of County CommiSSioners COletta 9<t5/ ~ ~
LET IT BE REMEMBERED, that the Code Enforcement Board,
RECEIVED
MAY 0 1 2D09
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
Kenneth Kelly
Edward Larsen
Richard Kraenbring (Absent)
Lionel L'Esperance
Robert Kaufman (Alternate)
James Lavinski (Alternate)
ALSO PRESENT:
Jean Rawson, Attorney for CEB
Diane Flagg, Code Enforcement Director
Jen Waldron, Code Enforcement Specialist
Mise, Corres:
Date
~+err, .If
Page 1
1~n2\2~~
CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement
Board of Collier County, Florida to order, March 26th, 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 an agenda item will receive up to five minutes,
unless the time is adjusted by the chairman.
All parties participating in a 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.
Can I please have the roll call.
MS. WALDRON: Good morning.
Mr. Edward Larsen?
MR. LARSEN: Present.
MS. WALDRON: Mr. Gerald Lefebvre?
CHAIRMAN LEFEBVRE: Present.
MS. WALDRON: Mr. Kenneth Kelly?
MR. KELLY: Here.
MS. WALDRON: Mr. Larry Dean?
MR. DEAN: Here.
MS. WALDRON: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Present.
MS. WALDRON: Mr. Robert Kaufman?
MR. KAUFMAN: Here.
MS. WALDRON: And Mr. James Lavinski?
MR. LA VINSKI: Present.
CHAIRMAN LEFEBVRE: And do you have any changes -- let's
Page 2
March 26, 2009
16 I !~""A ....
do changes to the agenda. ,: 4.
MS. WALDRON: Yes, we do. We have many changes to the
agenda, so I'll go slow.
CHAIRMAN LEFEBVRE: If you go slowly, that way we can
get everything organized.
MS. WALDRON: Right after roll call, we're going to add the
elections.
CHAIRMAN LEFEBVRE: Well, it's going to be right after I
guess approval of the agenda.
MS. WALDRON: Or after approval of the agenda.
Under motions, we have a motion for extension of time, BCC
versus D.C. Kerckhoff, CEB No. 2007090683.
Under motions, we have three motions for continuance: BCC
versus Angelo and Diane Campanello, CEB No. 2007080375. This is
currently a motion for imposition of fines D.2.
Under hearing C.2 will be moved to motion for continuance,
BCC versus Theodore and Karen Wasserman, CEB No.
CESD20080001776.
Under hearing C.! will be moved for motion for continuance,
which is BCC versus Milano Recreation, Inc., case CEB,
CESD200800 1 0230.
Under stipulations, we've got three stipulations: Item C.3 will be
moved under stipulations, BCC versus Jonathan and Christine
Benham, CEB No. CESD20080003579.
And Item C.5 and C.6 under hearings will be moved to
stipulations, BCC versus Linnette Barrett, CEB No.
CELU20080016064. And BCC versus Linnette Barrett, CEB No.
CEPM200800 15499.
Under hearings, Item C.7 is being withdrawn by the county.
Under motion for imposition of fines/liens, number four, BCC
versus Caribe Investments of Naples is being withdrawn by the
county .
Page 3
March 26, 2009
16 I "i
Number D.9 under motion for imposition of fines, Bcb tersJ 4
Empire Developers Group, LLC is being withdrawn by the county.
And under old business, motion to amend imposition of fines,
order number one, BCC versus Empire Developers Group, LLC is
being withdrawn by the county.
CHAIRMAN LEFEBVRE: Do I hear a motion to approve?
MR. DEAN: Motion to approve the agenda.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: And I'll just give a couple minutes
so you can organize your packages.
Just for the record, Mr. Kaufman will be a regular voting
member today. And Jim will be a regular voting member today as
well.
The elections of officers is next. Do I hear a nomination for --
MS. WALDRON: Hold on.
CHAIRMAN LEFEBVRE: Next on the agenda is the election of
officers. And let's start with the Chair. Do I hear a nomination?
MR. KAUFMAN: I'd like to nominate Gerald Lefebvre as
chairman.
MR. L'ESPERANCE: I'd like to second that, please.
CHAIRMAN LEFEBVRE: Any discussion?
Page 4
(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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: And nominations for vice chair.
MR. KAUFMAN: I'd like to nominate Mr. Kelly.
MR. L'ESPERANCE: I second that.
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Motion passes. Thank you.
Okay, we're going to move on for approval of the minutes from
February 26th, 2009, the hearing. Any -- do I hear a motion?
MR. KELLY: Motion to approve.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
March 26, 2009 _
16 11 A 4
Page 5
March 26, 2009
MR. KELLY: Aye. 16 11 'A 4
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
We also had a workshop on the same date, so I'd like to hear a
motion for approval of the minutes for the workshop.
MR. KAUFMAN: I'd like to move.
MR. KELLY: I didn't see them.
MS. WALDRON: Can I just make one change to that?
CHAIRMAN LEFEBVRE: Sure.
MS. WALDRON: That the chairman be switched from Mr. Ed
Larsen to Mr. Gerald Lefebvre.
CHAIRMAN LEFEBVRE: Thank you.
MR. LARSEN: I'm not quite sure I understood that.
MS. WALDRON: On the written minutes for the workshop it
had your name instead of Mr. Lefebvre's.
MR. LARSEN: I consent.
MS. WALDRON: Congratulations.
CHAIRMAN LEFEBVRE: Mr. Kaufman, do you amend your
motion?
MR. KAUFMAN: Yes, I do.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
Page 6
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
MR. KELLY: One abstention. I didn't get the chance to review
March 26, 29..Q9 - I
1611 A4
it.
CHAIRMAN LEFEBVRE: And we're going to move on to
motions. Extension of time for BCC versus Kerckhoff.
(Speakers were duly sworn.)
MR. SNOW: For the record, Kitchell Snow, Collier County
Code Enforcement. K-I- T -C-H-E-L-L, S-N-O- W.
I suppose for the board the best thing to do is for Mr. Kerckhoff
to propose why he needs more time and then we can address it with
the board's approval.
CHAIRMAN LEFEBVRE: Very good.
Can you please state your name for the record.
MR. KERCKHOFF: My name is Daniel Charles Kerckhoff, II.
CHAIRMAN LEFEBVRE: Very good.
And you're looking for an extension of time?
MR. KERCKHOFF: Yes, please.
CHAIRMAN LEFEBVRE: And if you can explain why.
MR. KERCKHOFF: I didn't realize how long it would take to
have a site development plan submitted -- or done and submitted and
returned approved.
So we have submitted it on the 12th, I believe, of February. And
I did not realize how long it would be for it to come back to us
approved.
MR. KELLY: Mr. Kerckhoff, although you may not have been
familiar, we've seen many cases like yours where it has taken quite
some time to get SDP approvals.
You're requesting 30 days in your letter. Do you feel or have you
Page 7
March 26, 2009 -
1611 AlL
gotten any guidance on whether or not that's enough time? ·
MR. KERCKHOFF: I believe the letter said 90 days.
MR. KELLY: I'm sorry. And you would report back every 30
days with --
MR. KERCKHOFF: If that's what you request, yes.
MR. KELLY: Is 90 days going to be enough?
MR. KERCKHOFF: I don't know. 120 would naturally be better.
And if you wish, I can report to you every 30 days.
MR. KELLY: Once we -- if we were to pass this, it would be
amending the order, and we try not to do that very often. So I was just
making sure that we get enough time up front, if that's the case.
Mr. Snow, what's your feelings?
MR. SNOW: Mr. Kelly, I think in the interest of being fair that
it's because of obviously some restraints as far as the county's
concerned, personnel, and because the site improvement plan, site
development plans take an extended period of time, I think the 120
days. Because he has been diligent. It's just there's so much involved
with this.
And I think you remember, your concern was when he was
initially here that he submit, and then we told him he could come back
and ask for more time if he needed it.
But whatever the board would like to do, the county's in favor
of.
MR. LARSEN: Mr. Chairman, I have a couple questions for
Supervisor Snow.
CHAIRMAN LEFEBVRE: Sure, go ahead.
MR. LARSEN: Supervisor Snow, this order goes back to the
2nd day of October, 2008. Has anything been done since that time, as
far as you know?
MR. SNOW: Yes, sir. They have submitted. And it is in review.
And as you probably know, when you submit these site improvement
plans, site development plans, it has to go through so many phases in
Page 8
..
~J;!,~'
the county. 1
And they have a specific amount of time when they have to have
written submittal back. But all those entities, all those different entities
have to review. So they're in the process of trying to correct what
exactly it is that they need to do.
And remember, this was an undeveloped parcel. So it has a lot
that needs to be done on this to be able to be developed. And that's
where the crux of this issue is, it just is very, very involved for him to
figure out what he wants to do and what the county's going to allow
him do with this use.
MR. LARSEN: All right. But as far as the county is concerned,
there is no health or safety issue in regard to this property?
MR. SNOW: That is correct, sir.
MR. LARSEN: All right. Thank you, Mr. Chairman.
CHAIRMAN LEFEBVRE: Mr. Kaufman?
MR. KAUFMAN: I'd like to make a motion based on the
county's agreeing to 120 days that we grant a 120-day extension.
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. SNOW: We thank the board.
Page 9
t.&! 1,~0~9
CHAIRMAN LEFEBVRE: The next case will be a continuance.
Angelo and Diane Campanello.
(8 peakers were duly sworn.)
CHAIRMAN LEFEBVRE: State your name for the record,
please.
MR. SMITH: Good morning. For the record, Reggie Smith,
Collier County Code Enforcement.
CHAIRMAN LEFEBVRE: Thank you.
And state your name.
MR. LAWHON: Good morning. May it please the board, my
name is Tony Lawhon -- excuse me, I'm getting over a cold. The last
name is spelled L-A-W-H-O-N. I'm an attorney here in town.
CHAIRMAN LEFEBVRE: Great. Thank you very much.
Actually, we'll go to you. You're looking for a continuance.
MR. LAWHON: I am. I was recently retained pro bono by the
Campanellos to assist them with the motion that's pending. I have, due
to my caseload, been unable to take the time to look into the
underlying allegations.
I also have a hearing in about 15 minutes over at court, so I
wouldn't be able to sit for a full evidentiary hearing.
My understanding, from speaking to Mr. Smith, is that it's a
relatively small matter, and my hope is that let's say before the next
board meeting or whenever you'd roll it over I'd have enough time to
get into the substance of the allegations and see if we can work
something out, get it resolved.
MS. WALDRON: Mr. Chairman, if I could make a comment on
this. I mean, this is a case for imposition of fines for $300.
CHAIRMAN LEFEBVRE: Right.
MS. WALDRON: They are in compliance, the operational costs
have been paid. The county doesn't have any objection to waiving the
fines at this point.
MR. LARSEN: I make a motion to abate the fine.
Page 10
1 ELLJ 21, ~O'1
MR. L'ESPERANCE: Is that what's on the table, Mr. Chairman?
CHAIRMAN LEFEBVRE: No, actually we're looking for
continuance.
MS. WALDRON: Right. But what the county is saying is we're
not -- we don't feel that we really need to continue this. We can get rid
of the fines and be done with this case.
MR. KELLY: We can make you look really good by just simply
denying your continuance, holding it over to our regular imposition
section, and then abating the fines, if that's the will of the board.
MR. LAWHON: And if the record needs to be stated, I'll move
to abate the fines and you can rule on that motion, if you can now.
CHAIRMAN LEFEBVRE: Jean, can we just move it up right
now since he's here, and that way he can go to his client and--
MS. RAWSON: Yes. And he can make an ore tenus motion to
abate the fines.
CHAIRMAN LEFEBVRE: Okay, let's do that. Since he's
standing here, we can make a decision --
MS. RAWSON: Yes.
CHAIRMAN LEFEBVRE: -- and that way he can go back to his
client and notify them.
Is that okay with the board?
MR. LARSEN: I've already made a motion to abate the fines.
CHAIRMAN LEFEBVRE: Okay, so --
MR. KELLY: I'll second that.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: With none --
MR. LARSEN: Congratulations, Counsel.
CHAIRMAN LEFEBVRE: No, we've got to take a vote first.
All those in favor?
MR. DEAN: Aye.
MR. KELLY: Aye.
Page 11
March 26, 2009
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. LAWHON: Thank you, gentleman, I appreciate the victory.
Have a good day.
MR. SMITH: Thank you, everyone.
CHAIRMAN LEFEBVRE: Next is continuance for Wasserman.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: Can you please state your name for
the record.
MS. WASSERMAN: Karen Wasserman.
CHAIRMAN LEFEBVRE: And yourself: please.
MS. SORRELS: Azure Sorrels, Collier County Code
Enforcement. A-Z-U-R-E, S-O-R-R-E-L-S.
CHAIRMAN LEFEBVRE: Thank you very much.
And the reason for a continuance?
MS. WASSERMAN: The contractor that we've hired was not
able to be at this meeting today. He has a Waterways committee
meeting on Marco Island on the third Thursday of each month. So
hopefully if we give him -- he's in contact with the permitting people.
up in the state and D EP.
And I -- to be honest, I really don't know what he's -- what has
transpired between his department and them, except for some
correspondence that I do have proof that he is in contact with them --
excuse me, I have a cold -- and that we were waiting to have an actual
meeting with the state and D EP.
And even when we got note of this hearing I think back on like
1611
A4 '
Page 12
~arch 2~~Oo.9
1 b r r1 1\ fa
around March 16th for today, they still have not telephoned him bat!<.'+
to set up this meeting. So we're kind of at the mercy of, you know,
having my husband and myself and the state and DEP and the
contractor all meet on a specific day. So it's been hard to do.
I'm asking for a 60 to 90-day continuance in hope that in the
next two months this whole thing will be resolved, we've had our
meeting with the state and DEP and can get processed.
The preliminary approval that the state and DEP did issue us I
think back in December or January, like two things were approved and
there was like just one thing that was -- I forget the exact wording,
partial approval or something like that.
CHAIRMAN LEFEBVRE: Has she provided documentation
that they are working on it, they're working on getting permits and
everything?
MS. SORRELS: They are working on it. There is a permit that is
in the apply status. There has been two rejections. The first rejection
they had resubmitted the correct information. However, other
information has been rejected. So we're at the second rejection.
And I have not heard from the contractor since December when
he had come into the office to show me a letter from DEP. And so at
this time I do not know what his activities have been since December.
But it's still in the reply status with two rejections on it.
CHAIRMAN LEFEBVRE: Is there any issue with the county
allowing a 60 to 90-day continuance, or do you feel that this case
should move forward today?
MS. SORRELS: The case has been opened for over a year now.
I don't think the county would have a problem with a 60-day
extension. However, if you do entertain that and motion it, that we ask
to have an order at least given for a -- for her to hire a licensed
electrical contractor and at least have the electricity to this boatlift
disconnected for safety reasons.
CHAIRMAN LEFEBVRE: We might have to hear the case
Page 13
actually to do that, so -- is that correct, Jean?
MS. RAWSON: I think so. You only can rule on the motion to
continue.
MR. LARSEN: Well, Mr. Chairman, may I ask a question?
CHAIRMAN LEFEBVRE: Absolutely.
MR. LARSEN: Is there any power to the boatlift right now?
MS. WASSERMAN: Is there any --
MR. LARSEN: Electrical power to the boatlift.
MS . WASSERMAN : Yes, there is. Yes, there is. And that was --
MR. L'ESPERANCE: Mr. Chairman, is there anything that
prevents us from requesting the respondent to flip the breaker switch
and verbally agree to do so in front of this board for safety concerns, if
that's one of the concerns that the board has?
CHAIRMAN LEFEBVRE: Jean?
MS. RAWSON : You can request it. I don't think you can order
it, because this is a motion to continue or it's a motion for the -- I
mean, in other words, it's a hearing.
CHAIRMAN LEFEBVRE: Is there any way also between now
and when we hear the case that the respondent -- we can ask her to
provide any information that she currently has to show that permits --
that she's working towards all the permits, or again would that have to
be an order?
MS. RAWSON: No, in order to determine whether or not you're
going to grant her a motion to continue, you can request any evidence
from her that she has.
CHAIRMAN LEFEBVRE: Do you have that documentation in
front of you that -- the permits and so forth that you received from two
-- you said two different agencies; is that correct?
MS. WASSERMAN: I do not have that letter. I would have
assumed that Ted from Zap Marine would have brought that to you
when he met with you.
MS. SORRELS: Are you inquiring about the DEP letter that was
March 26, 2609.-
16 I ~":i' "A 4
Page 14
provided?
CHAIRMAN LEFEBVRE: Yes.
MS. SORRELS: I looked at it, but he did not provide me with a
copy, no. It was given to the building department to be added to the
permit.
CHAIRMAN LEFEBVRE: So you've seen it, you know that in
fact they are moving along?
MS. SORRELS: Yes, absolutely.
MS. WASSERMAN: We can provide it. I don't have a problem
providing a formal copy of that.
CHAIRMAN LEFEBVRE: Go ahead, Mr. Kaufman.
MS. WASSERMAN: And I have e-mailed documentation I can
leave with you today from Ted from Zap Marine, indicating that he
has been waiting -- you know, he's e-mailing Mr. Schwan (phonetic)
from the DEP and state that he was unable to attend this meeting today
because of the conflict --
CHAIRMAN LEFEBVRE: Okay, very good.
MS. WASSERMAN: -- in schedule.
MR. KAUFMAN: Is there any problem with your contractor
contacting the county? If you haven't heard from them in three
months. That's probably one of the problems that exists --
MS. WASSERMAN: Yeah.
MR. KAUFMAN: -- the communication or the lack thereof.
MS. WASSERMAN: I will have him do so.
CHAIRMAN LEFEBVRE: Do I -- any other questions from the
board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion to accept the
continuance?
MR. KAUFMAN: I'd like to make a motion that we accept the
continuance of 60 days.
CHAIRMAN LEFEBVRE: Okay. Do I hear a second?
March 26, 2009 .,.-
161l A4
Page 15
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: All those -- any discussion?
MR. DEAN: What about the safety issue?
MR. LARSEN: Yeah, my concern is that basically the violation
was first observed on February 11 th, 2008. We're in excess of a year.
There's still power to the boatlift.
MR. L'ESPERANCE: Mr. Kaufman, would you entertain an
amendment to your motion to request the respondent to turn off the
power to the boatlift at the breaker box?
MR. KAUFMAN: I would.
CHAIRMAN LEFEBVRE: Do I have an amended seconded
then?
MS. WASSERMAN: Am I allowed to comment? The breaker
box actually feeds other things on that one breaker switch. But what I
don't mind doing for you is having Conde Electric, who normally does
my electric and they're licensed, to come out there and to see what
they can do to temporarily disconnect that particular boatlift.
CHAIRMAN LEFEBVRE: Okay.
MS. WASSERMAN: And I think -- now that I think of it, I think
there is like a little switch where I can actually put it in the off position
on -- it's like a toggle, a flip switch. I don't have any problem doing
that.
MR. L'ESPERANCE: Mr. Kaufman, that's agreeable to you?
MR. KAUFMAN: Yes.
MR. L'ESPERANCE: I would second his amended motion then.
CHAIRMAN LEFEBVRE: Any further discussion?
MR. KELLY: I take the respondent's word that it will be done. I
don't think we need to go to an order.
MR. L'ESPERANCE: I agree.
CHAIRMAN LEFEBVRE: Do I hear a motion -- do I hear a
vote?
MR. LARSEN: All in favor?
March 26, 2009
1611
A4
Page 16
March 26, 2009
MR. DEAN: Aye. 16 I 1 A 4
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WASSERMAN: Thank you.
CHAIRMAN LEFEBVRE: You have 60 days.
MS. SORRELS: Thank you, gentlemen.
CHAIRMAN LEFEBVRE: Next case will be BCC versus
Milano Recreation, Inc.
MR. WRIGHT: Good morning, Mr. Chairman, board members.
I'm Jeff Wright, Assistant County Attorney.
MR. ADAMCZYK: Good morning, gentlemen, Mr. Chairman.
Mark Adamczyk, Attorney for the Milano Recreation Association.
This case is continued from January 22nd because there was in
the upcoming month of February a trial scheduled in the lawsuit,
private lawsuit between our client and the complainant, Imperial Golf
Estates, regarding the access road they sought to Livingston Road.
Since the last time we were here in January, the parties, meaning
my client and Imperial, have privately settled the issue of access,
which underlies this code action.
Mr. Wright is aware of the settlement, and we have stipulated
Mr. Wright and I to a continuance, which has been filed with Ms.
Waldron, to allow the parties to privately continue to carry out the
terms of their settlement.
Since we're technically still on the calendar for today, we're
here. Witnesses have been excused from subpoena because Mr.
Page 1 7
Ml~2r' 10" A 4
Wright and I agree there was no need to conduct a hearing. And
Milano is willing to work with the county attorneys on a prompt
resolution to this case in light of the settlement that involves the same
.
Issue.
So we would request a 60-day continuance just because we don't
want to come back in 30 days and report the same thing, and it's not
likely we'll need to appear again.
MR. WRIGHT: Obviously it's a stipulated motion, so I agree
with everything Mark just said. And I just want to add to that.
Mark and the attorney for Imperial, Will Dempsey, they've been
working really hard at hammering this out. It's been a real complicated
issue with two subdivisions involved. And they literally have recorded
an easement in the public record that addresses pretty much our whole
code case. But until their court case is completely settled, we want to
just be cautious and make sure that happens before we formally
dismiss this action, which I expect we'll be doing next time we come
before you.
CHAIRMAN LEFEBVRE: Jennifer is getting tired of carrying
these packages out of here.
MR. ADAMCZYK: We're getting tired of making copies.
MR. DEAN: Just a few.
CHAIRMAN LEFEBVRE: Any questions?
MR. LARSEN: I also understand that there's a second part to
your application, that it be deemed refiled without a new submission;
is that correct?
MR. ADAMCZYK: Oh -- Mr. Larsen, is it? I simply did not
want to go through the administrative burden of making 15 extra
copies of the same motion that I had filed in January. That was a
motion to dismiss, which I'm again withdrawing today because of the
stipulation.
MR. LARSEN: All right.
MR. KELLY: Make a motion we accept the continuance.
Page 18
. MR. DEAN: I'll 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
MR. LARSEN: The second part, I also make a motion that it be
deemed --
THE COURT REPORTER: Mr. Larsen, could you move that
microphone closer to you?
MR. LARSEN: That I deem -- make a motion that it be deemed
refiled without a new submission by the respondent.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KAUFMAN: Second.
CHAIRMAN LEFEBVRE: Discussion?
MR. KELLY: What did you just say?
MR. LARSEN: They don't want to make new copies. They want
it deemed refiled without making a new submission. So to save I guess
their efforts --
CHAIRMAN LEFEBVRE: A hundred trees.
MR. LARSEN: -- on money and trees. So that basically this way
they don't have to give us 15 new packages.
MR. KELLY: All right, fair enough.
CHAIRMAN LEFEBVRE: I think that's what we've been doing
right along --
March 26, 2009 .,
16 f 1 A 4
Page 19
March 26, 2099
MR. LARSEN: Right. 16 1'1 ' A 4
CHAIRMAN LEFEBVRE: -- without a motion or anything. But
since you made a motion, we have a second.
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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. ADAMCZYK: Thank you very much.
CHAIRMAN LEFEBVRE: You're welcome.
Next case will be BCC versus Primitivo Lara.
MS. WALDRON: Hold on, we have stipulations.
CHAIRMAN LEFEBVRE: Okay. Sorry.
First stipulation will be Jonathan and Christine Benham.
(Speaker was duly sworn.)
CHAIRMAN LEFEBVRE: I see the respondent's not here.
MR. BALDWIN: No.
The Board of County Commissioners, Collier County, Florida,
verse Jonathan W. and Christine K. Benham. We've entered into a
stipulation agreement.
One, the violations noted in the referenced notice of violation are
accurate and I stipulate to their existence.
04-41, the Collier County Land Development Code, as amended,
Sections 10.02.06 (B)(1 )(a), and 10.02.06 (B)(I)( e).
Page 20
March f6,20~94
Therefore, it is agreed between the parties that the ~e~p!n!ent
shall pay operational costs in the amount of $87 that incurred in the
prosecution of this case within 30 days of this hearing.
Two, abate all violations by: Obtain Collier County building
permits for the newly constructed room in the garage within 60 days
of this hearing or a fine of $200 a day will be assessed until the
violation has been abated.
Upon receipt of the permits, request inspections and obtain a
certificate of completion within 60 days of the permit -- within 60
days of the day the permit was issued or a fine of $200 a day will be
imposed until the violation is abated.
B, obtain a Collier County demolition permit within 60 days of
this hearing or a fine of $200 a day will be assessed until the permit is
obtained.
C, obtain a certificate of completion for the demolition permit
and remove all debris within 60 days of obtaining the demolition
permit, or a fine of $200 a day will be assessed until the violation is
abated.
D, respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
And E, 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.
MR. L'ESPERANCE: Jean, I have a question.
MS. RAWSON: Yes.
MR. L'ESPERANCE: Are these provisions and terms mutually
exclusive?
MR. KELLY: Yes.
MS. RAWSON: In other words, can you fine each one if they
don't do it? Are they mutually exclusive in that if they don't do one,
Page 21
1 ~ic~i6,.20Q9
they do the other? In other words, should B be in the alternative? A 4
MR. L'ESPERANCE: That's my question.
MS. RAWSON: I think we need to probably ask the investigator
that. But I hope it's in the alternative.
MR. BALDWIN: It would be in the alternative, yes.
MR. L'ESPERANCE: I don't think it's clear by the way it's
written.
MR. KELLY: It's not. It means they'd have to perform both A
and B if this was agreed to.
MR. L'ESPERANCE: Exactly.
MR. BALDWIN: There should be an "or" in there, right?
MR. KELLY: Correct.
MR. L'ESPERANCE: Exactly. Small thing.
CHAIRMAN LEFEBVRE: Just a little word of advice is -- and a
lot of times, this is why we want the respondents here, not to leave
after they come up with a stipulated agreement, because it's not agreed
upon until we decide on it. So it's best to advise them to stay until they
hear our case. And this would be one example, that this is going to
have to be modified.
MR. BALDWIN: The respondent was going out of town, he
couldn't attend the meeting today. He had to work. So he's well aware
of exactly what he needs to do. And he has applied for a permit
already. It's in the applied status.
CHAIRMAN LEFEBVRE: He might be aware, but if there's
changes, that could be an issue. All right?
MR. KELLY: Mr. Chairman, given the fact that I think this is in
the respondent's best interest, could we accept the stipulated
agreement with that one change noted? And I'll just make a motion to
do so.
CHAIRMAN LEFEBVRE: Sure.
MR. KELLY: I make a motion to accept the stipulated
agreement with the word "or" added at letter B, before the word
Page 22
March 26, 2009
~
obtain. 16 II! A 4
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.) .
CHAIRMAN LEFEBVRE: Jean, does the respondent, would he
have to initial it, or how --
MS. RAWSON: I think he would not. Because of the way the
motion was made, I think you can make that one correction by order
of the board.
CHAIRMAN LEFEBVRE: Okay, just wondering what -- you
know, what point do we need to have the respondent--
MS. RAWSON: I think he's not going to disagree with this.
CHAIRMAN LEFEBVRE: He isn't. But I just want to make
sure that the order --
MS. RAWSON: I think the order's going to be fine, because I'll
write it in such a way that we accepted his stipulation, but the board
ordered that that one word be included.
CHAIRMAN LEFEBVRE: Okay, very good.
MR. LARSEN: I believe that that was their understanding.
MR. L'ESPERANCE: That was the intent.
MR. LARSEN : Yeah. This is just their -- you know, a
Page 23
March 26, 2009
1" f ..~
clarification as exactly what, you know, we understand'iH:J:Jan. 4
CHAIRMAN LEFEBVRE: Right. I just don't want to have a
problem. Okay, very good.
Thank you very much.
MR. BALDWIN: Thank you.
CHAIRMAN LEFEBVRE: The next two cases will be BCC
versus Linnette Barrett.
(Speakers were duly sworn. Interpreter Susana Rodriguez was
duly sworn.)
MR. PAUL: For the record, Renald Paul, Collier County Code
Enforcement Investigator.
Case No. CELU20080016064. A single-family home was
converted to multi-family unit in a single-family zoned area.
This is violations of Collier County Land Development Code
04-41, as amended, Sections 2.02.03. The owner, Linnette Barrett, has
stipulated, come to a stipulated agreement. Owner has agreed to pay
the operational costs in the amount of $86.71 incurred in the
prosecution of this case within 30 days of this hearing.
Abate all violations by: Remove any use and/or multi-family
improvements from improved single-family property by obtaining a
demolition permit, inspections and certificate of completion, and
return the property to original permitted single-family use within 60
days of this hearing or pay a fine of $200 a day until abated.
Respondents must notify code enforcement within 24 hours of
abatement. And that if the respondent fails to abate the violation, the
county may abate the violation and use the assistance of the Collier
County Sheriffs Office to enforce the provisions of this agreement.
CHAIRMAN LEFEBVRE: Does Mrs. Barrett agree to this
stipulation?
THE INTERPRETER: Yes, she does.
CHAIRMAN LEFEBVRE: Any questions?
MR. LARSEN: I have a question, Mr. Chairman.
Page 24
Does she read and understand English?
THE INTERPRETER: No. But I made the translation for her
and read it for her and made the translation.
MR. LARSEN: So you read it directly to her and she
understands what is contained in this stipulation?
THE INTERPRETER: Yes, I did.
MR. LARSEN: And she knows that if she fails to abide by the
stipulation, there is a fine of $200 a day?
THE INTERPRETER: Yes.
MR. LARSEN: Okay. And she believes she will be able to
comply with the stipulation within that period of time?
THE INTERPRETER: Yes.
MR. LARSEN: Within 60 days?
THE INTERPRETER: Uh-huh.
MR. LARSEN: Okay. Thank you, Mr. Chairman.
CHAIRMAN LEFEBVRE: You're welcome.
Any other questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELLY: Motion to accept the stipulated agreement.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
~t tjOfi,.--
Page 25
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. PAUL: We have a second one.
CHAIRMAN LEFEBVRE: Oh, yes.
MR. DEAN: One more.
(Speakers and Interpreter were duly sworn.)
CHAIRMAN LEFEBVRE: Is this very similar to the other one?
MR. PAUL: Yes. This is a property maintenance type of case.
It's broken windows and damaged fascia to the same property.
This is a violation of Collier County Code of Laws and
Ordinances, Chapter 22, article four, Property Maintenance Code,
Sections 22-231(12)(c), and Collier County Code of Laws and
Ordinances, Chapter 22, article four, Property Maintenance Code,
Section 22-231(12)(i).
This is violations of broken window and damaged fascia.
The owner, Linnette Barrett, has agreed to pay operational costs
in the amount of $89, abate all violations by: Owner must repair all
broken windows and damaged fascia so that they are weather-tight
and weatherproof within seven days of this order, or pay a fine of
$250 a day until abated.
Respondents must notify Code Enforcement within 24 hours of
abatement. And 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.
CHAIRMAN LEFEBVRE: I have a couple questions.
MR. KELLY: I do, too.
CHAIRMAN LEFEBVRE: Has she retained a licensed
professional to do this work yet? Has she hired a licensed --
THE INTERPRETER: No, she's trying to look for the person to
do it.
CHAIRMAN LEFEBVRE: Because right now it says that she
March 26, 200~
16 I!~ A 4
Page 26
rSCl , ?~09 ~
has seven days and -- from the date of this order, which would be A 4
today. And with that being said, if she hasn't hired somebody, that's a
very short time frame to hire someone and to get this work completed.
And $250 a day, she'll start having to pay that, once the -- on the
eighth day. So that's a very short amount of time.
THE INTERPRETER: Okay, she say that--
MR. L'ESPERANCE: Would you speak into the microphone a
little closer, please.
CHAIRMAN LEFEBVRE: Just bring the microphone down to
you.
THE INTERPRETER: Yes, she said that in order, you know, to
the problem that they had, they just put in some cardboards on the
windows so they don't -- you know, because the windows are
breaking.
But she's working and trying to find somebody to fix the
problem. And she said that she's going to try to make it in the next
seven days. If not, she's probably going to need a few more days to try
to fix it. But she's working --
CHAIRMAN LEFEBVRE: A few more days is going to cost her
$250 a day.
THE INTERPRETER: She knows that.
CHAIRMAN LEFEBVRE: I have a couple of questions for the
investigator.
The work that has to be done, does it require any permits, and
does it require a licensed professional to do the work?
MR. PAUL: To do the windows it would.
CHAIRMAN LEFEBVRE: Would require a permit?
MR. PAUL: Yes, it would.
I don't have a problem giving her a longer extension of time, due
to the fact that they already have the windows boarded up that were
broken. So the whole house is boarded up at this time.
CHAIRMAN LEFEBVRE: But nowhere here does it -- I'm
Page 27
16MrtJf, A04
looking at the order -- does it say anything about getting permits. I do
not see that.
MR. PAUL: Right.
CHAIRMAN LEFEBVRE: So should it be in there?
MR. PAUL: Yes, it should.
MR. L'ESPERANCE: Mr. Chairman, another question.
Why would replacing or fixing broken windows require a
contractor or a permit? Is there something more involved with this
than we're aware of?
MR. LARSEN: That's the same question I have. Why would we
pay for repair of an existing condition that required a permit?
MR. KELLY: I can answer that.
MR. PAUL: I stand to be corrected. Due to the fact that it's just a
glass, it wouldn't require a contractor. It's not the entire window, it's
just the glass that's broken out.
CHAIRMAN LEFEBVRE: Mr. Kelly?
MR. KELLY: Investigator Paul just addressed it.
CHAIRMAN LEFEBVRE: Any further questions from the
board?
MR. LARSEN: I have a question.
Why seven days?
MR. PAUL: That's just what's required for any property
maintenance issues. By our guidelines it says seven days at $250 a
day.
MR. LARSEN: How many windows are we speaking of?
MR. PAUL: I believe we're talking about four windows.
MR. LARSEN: Do you believe it's a health or safety violation?
MR. PAUL: Not at this time, due to the fact that the home is
boarded up.
MR. LARSEN: Thank you.
MR. PAUL: And I'd like to just clarify that it's $250 a day. I
don't have that on the stipulations. It says $250. Just to clarify that.
Page 28
1 ~i'i24t A4Q -
MR. L'ESPERANCE: Mr. Chairman, did you want to amend tlie
seven days or suggest an extension of the seven-day time?
CHAIRMAN LEFEBVRE: I don't know, can I make -- I don't
think I can make a motion, correct, Jean?
MS. RAWSON: If they want to amend the stipulation, probably
the best thing for them to do is to go out and amend it, get her to initial
it and bring it back.
CHAIRMAN LEFEBVRE: Well, definitely going to have to
amend the $250 to make it--
MS. RAWSON: Per day.
CHAIRMAN LEFEBVRE: -- $250 per day. So that would be
something that they would have to sign off on.
MR. LARSEN: Additionally, Mr. Chairman, I believe for
discussion purposes that seven days is not sufficient. I would think
more in the line of 30 days would probably be more appropriate under
these circumstances.
CHAIRMAN LEFEBVRE: Plus it's boarded up, as the
Investigator stated, so I think --
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: Do you want it -- so we're going to
have to send them back out to make the changes, or could we just go
ahead and make the changes and then they'll sign off on it?
MS. RAWSON: Well, why don't we make the changes, ask her
if she agrees, and then they can go out and bring me back a revised
one.
CHAIRMAN LEFEBVRE: Okay. Right now what we're
discussing is changing where it says -- I don't know if you can look up
there. But on A, where it says you will have seven days or pay a fine
of $250 until abated will be $250 a day.
And we're also looking at, instead of seven days, you will have
30 days. So on the 31st day, the fine will start.
That should give you sufficient time to hire someone and then go
Page 29
.... "'_1.._".
out and do the work.
And make sure that if you're getting close to that time frame that
you call that investigator back out to inspect the work, okay?
So what we're going to do now is we're going to take a vote and
then you're going to go back out and sign it and then come back here,
correct?
MS. RAWSON: Well, they can -- you're going to take a vote.
They can just bring us back the stipulated agreement.
CHAIRMAN LEFEBVRE: Okay.
MS. RAWSON: I was just looking at the other stipulation. It
does say a day. So the other one's okay.
CHAIRMAN LEFEBVRE: Okay. So we're going to take a vote
and then you're 'going to go out, make the changes, agree to them, sign
them, and then we'll bring it back, correct?
MS. RAWSON: You don't even have to bring it back if she --
MR. DEAN: Just let us know it's done.
CHAIRMAN LEFEBVRE: Okay.
MR. LARSEN: Mr. Chairman, I assume she's going to have to
somehow manifest her agreement to the changes on the record here.
Does she agree to those changes?
THE INTERPRETER: Yes.
MR. LARSEN: Okay. So she understands that basically she'll
have 30 days and that it will be $250 per day for every day after 30
days that she does not have it abated, problem taken care of, correct?
MR. KELLY: I think she already agreed.
THE INTERPRETER: Yes, she understands.
MR. LARSEN: Okay.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KAUFMAN: I make a motion that we modify the
stipulation as discussed.
CHAIRMAN LEFEBVRE: Can you just mention what the
changes were, please.
March 26, 2D09
16 PI) 4
Page 30
Mi~61 if9 A 4
MR. KAUFMAN: $250 a day and 30-day extension.
CHAIRMAN LEFEBVRE: 30 days instead of--
MR. KAUFMAN: Instead of the seven.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
THE INTERPRETER: Thank you very much.
CHAIRMAN LEFEBVRE: Make sure you get with the
investigator before you leave.
I think we're moving on to hearings, if I'm not mistaken.
BCC versus Primitivo Lara. Yes, I butchered that one.
Did you make sure they didn't leave?
MR. PAUL: Yes.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: Do we want to skip this so he can
take care of them and then bring this case back?
MR. PAUL: That would be better.
CHAIRMAN LEFEBVRE: Okay. Because I don't know how
long this case is going to take.
Jean?
Page 31
March 26, 2009
MS. RAWSON: That's probably a good idea. You just need to
change the -- 16 I rr A
CHAIRMAN LEFEBVRE: Agenda?
MS. RAWSON: Right.
The respondent's not here?
MR. PAUL: Correct.
MS. RAWSON: Okay. So that's no problem.
CHAIRMAN LEFEBVRE: Okay. I'd like to make a change. Is
that --
MR. KELLY: Yeah, I'll make a motion that we change. We go
ahead put this particular case, which is C.4, back on the agenda until
after --
MR. DEAN: C.9?
MR. KELLY: Which one?
MR. DEAN: C.9 -- or 10, I mean.
MR. KELLY: Sorry, C.I0.
MR. LARSEN: Move it to C.10.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Page 32
Next case will be BCC versus Klemco, LLC.
MS. WALDRON: Mr. Chairman, I think it's probably best to
take these two cases together --
CHAIRMAN LEFEBVRE: Okay, very good.
MS. WALDRON: -- eight and nine.
(Speaker was duly sworn.)
CHAIRMAN LEFEBVRE: Is the respondent present?
(No response.)
CHAIRMAN LEFEBVRE: Before we start, do we have any
speakers? I see that there's a member of the audience.
MS. RAWSON: Yes.
CHAIRMAN LEFEBVRE: Okay. Go ahead.
MS. WALDRON: You want me to read the details?
CHAIRMAN LEFEBVRE: Yes, that would be nice.
MS. WALDRON: Okay. I'm just going to go through --I'm
going to read the pertinent information for both cases together.
CHAIRMAN LEFEBVRE: Okay, very good.
MS. WALDRON: This is in reference to Case
CESD20090002071, and CESD20090002075.
Violation of Ordinance 2004-41, the Collier County Land
Development Code, Sections 10.0 1.02(B)(2), and 10.0 1.02(B)(2)(J).
Description of violation: Property was semi-developed during
SDP application under early work authorization and then subsequently
abandoned.
Location/address where violation exists: Olde Cypress
Subdivision, Folio No. 00185880006, and Folio No. 00186000005.
Name and address of person in charge of violation location:
Kenneth D. Goodman, 6622 New Haven Circle, Naples, Florida,
34109.
Date violation first observed: February 26th, 2009.
Date owner/person in charge given notice of violation: February
27th, 2009.
March 26, 2009 ..
16 11 A 4
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Date on/by which violation to be corrected: March 12th, 2009. A 4
Date of reinspection: March 13th, 2009.
The violation remains.
I would like to now present Supervisor Letourneau.
MR. LETOURNEAU: Good morning. For the record, Jeff
Letourneau, Collier County Code Enforcement Supervisor.
Before I get going, I would like to submit one packet for each
case of pictures. I'll call it Exhibit B-1. They're numbered 1 through
11. I'll be going through these during the case.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELLY: Motion to accept.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: Second.
(No response.)
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. LETOURNEAU: On June 29th, 2005, the original owners
of this property, Empire Builders, submitted a plan for a site
development plan number PPL-2002-AR-7924.
I'd like to put on the screen a view of the property right now.
Actually, it's both folio numbers.
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Mari~' Fr~ A
Okay, as you can see, both properties are pretty developed.
On June 6th, 2007, an early work authorization was issued for
grading of the property and digging of the ponds. I'm going to pull out
the ordinance they were issued under now.
As you can see, this is the first ordinance I cited, if you can read
Section B there. It says, the county may issue an early work
authorization subject to the various stipulations underneath. So I cited
that particular ordinance.
And I also cited J, which authorizes the early work progress that
they did. It gave them -- I believe it says original 60 days, and then
two 30-day extensions.
So this was issued on June 6th, 2007. So at the point of October
6th, 2007, that was the 60 days plus the two 30 days, total of 120 days.
And they hadn't completed the project.
Since then, since that time there really hasn't been any change in
this property at all. It's sitting out there semi-developed. Kind of like a
lunar landscape. It's got a couple of ponds dug and it's just totally
cleared of vegetation and no grass or weeds and dust blowing
everywhere.
I just want to submit a few pictures now just to get you an idea
of what the property looks like.
As you can see, that's pretty much -- that's pretty much the 40
acres is just nothing but cleared property right there.
There's just a slight bit of debris left. That's about the only part
of the manmade debris. There's also some vegetation.
Once again, you can see there was some semi-grading. What
they did, I think they dug out some of the ponds and built up future
house pads with the dirt and the rocks and everything.
There's one of the ponds right there. Basically on the -- I believe
--let me see here. The north side, I believe, there's a huge string of
mulch, which was going to be -- I don't know what they were going to
use it for.
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What I'd like to do is, you know, if we can get this thing graded
is add all that stuff into the soil. So if we get granted this case, we can
use that to help the hydro-seeding.
There's another picture of the mulch. It stretches like almost
around the whole 40 acres.
I guess you guys got the gist of what the property looks like.
Everything else is about the same thing, just showing the dirt and the
mulch.
MR. L'ESPERANCE: What is the composition of the soil? Is it
-- I see rocks or is that just sand?
MR. LETOURNEAU: It's a combination of both. They really
kind of -- here, I'll show you.
They kind of separated the smaller rocks into one area and the
sand into the other area. It's a combination of both.
Here, I'll show you. There's a pile of rocks. I don't know if they
dug those out of the ponds or if those were brought in off-site -- from
off-site. I'm not really sure about that. It's definitely a combination,
though.
MR. L'ESPERANCE: Roughly what percentage of the property
is strictly sand and not anchored with any type of rock?
MR. LETOURNEAU: Off the top of my head I would say
probably 75 percent is sand.
MR. L'ESPERANCE: Thank you.
MR. LETOURNEAU: Okay, I was given orders to go and try to
get this case going on. So on February 27th, 2009, I went to the above
property and took these pictures. Actually, these are on 3/2. I first
went on the property on 2/27 and observed the violation. On that day I
came back and I did NOV's and served them at the property owner's
business, giving them two weeks to grade the property and
hydro-seed.
Since then I've had no contact from the property owners.
The 12th came up, nothing had been done on the property.
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1~h121200A 4
Went out again, and on the 13th I prepped this case -- both cases
for the Code Enforcement Board.
I want to point out that you guys are probably aware that this
property has been brought to the Code Enforcement Board before on
different violations. And there is a new owner, but I'd like to point out
that I have the deeds from all the way from Empire, from the original
owners when it happened all the way till now when Klemco has it, and
it shows that Mr. Goodman was involved the whole time with the
ownership of the property, from Empire all the way up to Klemco.
So he was well aware. You know, he's not like a new owner that
bought this property, he's well aware of the violation and he's well
aware of the issue that's going on.
And that's about it. You want a recommendation now or--
CHAIRMAN LEFEBVRE: No, no.
MR. LETOURNEAU: -- do you want questions? Okay, okay.
CHAIRMAN LEFEBVRE: No. I guess the question I have is if
they were in front of us, I know last year and I know by the end of the
year on a previous case they were supposed to be hydro-seeded. Why
are we back here again?
MR. LETOURNEAU: I'm back here again not to level any fines
or anything like that, I'm back here just to ask the board's
authorization for the county to go out and abate this violation.
'CHAIRMAN LEFEBVRE: I thought we already came up with
that back in the last case.
MR. LETOURNEAU: I believe on one of the cases it did say the
county may abate it. The reason -- another reason we came back is just
the question of the new ownership, and we wanted to make sure. If we
go back on one case, I believe one of the orders says that it does not
give the county authorization to abate it. So we just kind of came up
here and wanted to do a clean thing with two new ordinances that
really pertain to this issue.
CHAIRMAN LEFEBVRE: I just don't understand that. Any
Page 37
March 26, 2009...
orders we have run with the property, not with the owne!~!d1 A 4
would think that the previous cases that we had should still be in
effect. And we should be taking those cases and moving forward with
them, either hydro-seeding or fining them, doing what we have to do
to get this property back into the shape that it should be. Either
develop it or restore it back to its original state.
MS. WALDRON: Mr. Chairman, the reason that these cases are
being brought forward to you as new cases is that it is being cited for
something completely different, a different section of the code.
MR. LETOURNEAU: Also, if you go back to
CESD20080007919, I'm looking at the order right now, there wasn't
any authorization for the county to go in there. So on that one case of
the 20080014496, there was authorization. But not on the other case.
So we're just trying to bring the new ordinances in, and we want the
county to go in there and be able to abate these.
CHAIRMAN LEFEBVRE: Okay. Go ahead.
MR. KELLY: And Supervisor Letourneau, are you familiar with
the new state law that states that any projects that can demonstrate for
a financial hardship due to the current economic situation are given a
two-year pass on any local ordinances as far as beautification, site
development or so forth, and gives them the ability to sit as-is until
further financing and economic situations improve?
MR. LETOURNEAU: No, sir, I'm not aware of that.
MR. KELLY: I can't give you the direct statute, I apologize, I
don't have it, but I believe there is such a thing. We've run into it on
the affordable housing front with projects that had been given grants
and of course had to sit still now because they couldn't secure
additional financing. And it's given them time.
I don't know how that conflicts with our ordinances. I'm just
completely unfamiliar. I just know that there's something out there like
that.
MR. L'ESPERANCE: Mr. Kelly, you mentioned beautification.
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1 b '~1 Ii
I don't think that's part ofthe element ofthis particular case, thougH, ~
.t?
I .
MR. KELLY: No, but what the new law basically stated was for
those projects that were started and left in a partial status were given
two years in order to secure further financing for the economic
situation to improve before they can continue developing it.
MR. L'ESPERANCE: What of this situation? This property has
an impact upon surrounding properties.
MR. KELLY: It's mutually exclusive. It doesn't matter. That's
the whole idea. The idea was to stop further financial hardship for
developers who held these properties.
MR. L'ESPERANCE: How about the financial hardship of the
surrounding adjacent properties?
MR. KELLY: I'm not agreeing or disagreeing with the law, I'm
just stating that I know there's something out there now.
MR. LETOURNEAU: And I would like to point out that being
as dry as it is right now, the dust blowing off this thing is, you know
blowing all over the subdivision.
MR. KELLY: We don't have any ordinances saying otherwise,
so we have to vote on what we're --
CHAIRMAN LEFEBVRE: Attorney Wright?
MR. WRIGHT: Yes, Mr. Chairman, again, Jeff Wright for the
record.
I just wanted to point out, I don't have the statute right in front of
me, and I'm not sure that it's an appropriate subject of discussion for
this board, but I do think it's appropriate maybe as a remedy for this
property owner, so I'm not discounting it.
But I do think that as Jen pointed out, it's a new owner, a new
case with new elements, and as long as what we're looking for is a
violation and an order that allows us to go in and do the abating
ourselves.
MR. KELLY: I agree. Thank you, Jeff. I'm just stating that we
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need to decide on what we need to hear. I was just throwing it out
there.
CHAIRMAN LEFEBVRE: Any other questions of --
MR. LARSEN: Mr. Chairman?
CHAIRMAN LEFEBVRE: Yes.
MR. LARSEN: I have some questions for Supervisor
Letourneau.
Supervisor Letourneau, you referenced before the early work
authorization; is that correct.
MR. LETOURNEAU: Correct.
MR. LARSEN: Do you know when approximately that was
issued?
MR. LETOURNEAU: That was issued on June 6th, 2007.
MR. LARSEN: And do you know who was the owner of the
property in title at that time?
MR. LETOURNEAU: I believe Empire Builders.
MR. LARSEN: Now, in this new violation you reference that
you first observed it on February 26th, 2009; is that correct?
MR. LETOURNEAU: I believe February 27th, 2009.
MR. LARSEN: All right. Well, you know, the--
CHAIRMAN LEFEBVRE: 26th it says.
MR. LETOURNEAU: Okay.
MR. LARSEN : Yeah, the statement of violation I have is 26th.
But that -- and that you gave the notice of violation on the 27th.
Now, it appears that you cited to th~ Land Development Code
Section 10.0 1.02(B)(2), correct?
MR. LETOURNEAU: That is --let me see. That is correct, yes,
sir. And also the subsection J behind it.
MR. LARSEN: Right, I'll get to that.
And that's where the county may issue an early work
authorization for the allowed activities, subject to demonstrated
compliance with the following criteria, correct?
Page 40
MR. LETOURNEAU: Correct.
MR. LARSEN: And then sub J on that says, this approval is
good for 60 days with the possibility of two each 30-day extensions,
dependent on the reason for the inability to gain proper approvals.
After that time, cleared areas must be graded off or hydro-seeded.
Is that your complaint on behalf of the code enforcement --
MR. LETOURNEAU: Yes, sir.
MR. LARSEN: -- that that work has not been done?
MR. LETOURNEAU: Yes, sir.
MR. LARSEN: All right. Now, you referenced a deed, which is
quitclaim deed, and that's the 10th day of January, 2009 that you're
speaking of?
MR. LETOURNEAU: That's the new ownership with the
Klemco --
MR. LARSEN: Between Lonnie Goodman as trustee --
MR. LETOURNEAU: That's correct.
MR. LARSEN: -- of Goodman Investment Trust. And Klemco.
MR. LETOURNEAU: Yes, sir.
MR. LARSEN: Okay. And it's your belief that Mr. Goodman
was not only involved with Empire but also with Klemco?
MR. LETOURNEAU: Yes, sir.
MR. LARSEN: Okay. Did you have any communications with
Mr. Goodman during this period of time, since June of2007?
MR. LETOURNEAU: I have not. I believe another investigator
did, though, on the previous cases.
MR. LARSEN: Okay. Now, since you've been here before in
regard to Empire, has any work been done since you've been here
before on this property?
MR. LETOURNEAU: Not that I know of. I believe they did like
a test hydro-seeding at one point and, you know, just a small area, but
nothing over the whole thing.
MR. LARSEN: All right. But is it your position that that early
.".,
leT'!' 2r~
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MarchliP. 21'1
k h.. h I I k h. .16.1 q~ 4
wor aut onzatIon was t eon year y wor aut onzatIon gIven lor
this parcel?
MR. LETOURNEAU: I can't answer that. I believe it was, but I
can't answer that.
MR. LARSEN: All right. Was there any other authorization
permits or approvals to do any of the work on this parcel that you're
aware of?
MR. LETOURNEAU: There was a vegetation removal permit.
MR. LARSEN: Okay. And basically were there other terms and
conditions of those approvals which were not complied with?
MR. LETOURNEAU: I believe that they removed the
vegetation as they were allowed to under that permit, and everything
was complied with on that permit.
MR. LARSEN: Okay. And what is the issue with the
hydro-seeding now? It seems that the cleared area must be graded off
and hydro-seeded. That's the basis of your complaint, right?
MR. LETOURNEAU: Yes, sir.
MR. LARSEN: All right. Is it your contention that they must be
graded off and hydro-seeded under this earlier early work
authorization?
MR. LETOURNEAU: It does say that at this time cleared areas
must be graded off and hydro-seeded, that's my contention.
MR. LARSEN: And that has not been done?
MR. LETOURNEAU: No, sir.
MR. LARSEN: Okay, thank you very much, Mr. Chairman.
CHAIRMAN LEFEBVRE: Any other questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: We do have two people that would
like to speak, if I'm not mistaken. One -- and the agenda item title is
BCC versus Empire Developers, and it's Gene Mayberry. Is this the
case that you want to speak on?
MR. MAYBERRY: Yes.
Page 42
March 26, 2009 ~.
CHAIRMAN LEFEBVRE: Also, Diane Ebert, who 1sq,JeJ A 4
here several times in front of us.
MR. MAYBERRY: Good morning, gentlemen.
(Speakers were duly sworn.)
MR. MAYBERRY: Good morning, gentlemen.
CHAIRMAN LEFEBVRE: Can you please state your name for
the record.
MR. MAYBERRY: My name is Gene Mayberry. I'm a resident
of Olde Cypress. Our homes abut this project.
This is the second time we've been before you on this particular
case.
As the gentleman pointed out, there was an early work
authorization granted in July of 2007. That effort was to be completed,
as he pointed out, in October of 2007.
The community has repeatedly been to the county to discuss the
code violations, as have been pointed out in the pictures. We have
mounds of blowing dirt. Our homes are contaminated with dirt, our
lanais are contaminated, our furniture has been destroyed, and we're
bearing the cost of cleaning our properties.
We also are incurring a loss of value to our homes, because
anyone that wants to sell a home -- and there are homes for sale
abutting this property -- is decreasing the value of that property
because it's literally a junk pile of dirt.
I think you're right, sir, that you gentlemen did point out in the
January time period that the code should be enforced. Personally I
don't understand why we're back here, why we're back into double
jeopardy, but we would kindly ask that you take immediate action to
remedy this site. Thank you very much.
CHAIRMAN LEFEBVRE: Thank you.
Mrs. Ebert?
MS. EBERT: Good morning. For the record, Diane Ebert.
Gentlemen, you're right, we have been in front of this board.
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This code violation has gone on since last May. And you have had A It.
promises from the owner.
And both people always have been involved. This is just a little
name change that they're trying to do. The property is now in
foreclosure.
As it turns out, we really need this done this time. We have been
very patient. How do you tell 426 residents, well, they're going to give
another 60 days, they're going to give another 60 days.
And if this new thing that did come in that Ken was talking
about, this was done back in 2007, so this is really a very old piece.
They -- ongoing according to the Land Development Code. And the
Land Development Code gave them 60 days with two 30-day
extensions. They never followed through. Thank you.
CHAIRMAN LEFEBVRE: Any questions of the board?
(No response.)
MR. DEAN: Can I ask one question? Is it my understanding that
this property is like this because maybe the top soil was taken off and
sold off? Did they do that here?
MR. LETOURNEAU: I don't believe so. I believe that they dug
the ponds out and used that to raise the pads up. If anything, they
brought soil in. I don't think they sold any soil off this property.
MR. DEAN: Okay. Is that against Florida law is you can't take
topsoil off the land?
MR. LETOURNEAU: I think you can get the excavation permit
and do something like that, but that wasn't the case on this property
right here.
MR. DEAN: Okay, thank you.
CHAIRMAN LEFEBVRE: Any other questions?
Go ahead, Mr. Kaufman.
MR. KAUFMAN: I have one question. Should the board decide
that this should be done immediately, how quickly is immediately?
MR. LETOURNEAU: To be honest with you --
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!~~ ft2<ft\ -
MR. KAUFMAN: If it is the recommendation of the board, how
long will it take, in your estimation?
MR. LETOURNEAU: I would say we're pretty much ready to
go at any time.
CHAIRMAN LEFEBVRE: Any other questions of the board?
(No response.)
MR. LARSEN: I have a motion.
CHAIRMAN LEFEBVRE: Make a motion.
MR. LARSEN: Mr. Chairman, I'd like to make a motion that
Code Enforcement Board, Department Case No. CESD20090002071,
in the matter of Board of County Commissioners, Petitioner, versus
Klemco, LLC, registered agent, Goodman, Breen and Gibbs,
registered agent, Kenneth D. Goodman, respondent. I'd like to make a
motion that a violation of Ordinance 2004-41 of the Collier County
Land Development Code, Sections 10.0 1.02(B)(2), and
10.0 1.02(B)(2)G) exists as of the date the violation was first observed,
which was February 26th, 2009.
MR. KELLY: I 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Now, do you have a recommendation?
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MR. LETOURNEAU: My recommendation for both pieces of
property would be the Code Enforcement Board orders the respondent
to pay all operational costs in the amount of$87.29 for both pieces
incurred in the prosecution of this case within 30 days and abate all
violations by: Allowing the county to immediately abate the violation
due to the health issues involved and the longevity of the violation,
using the assistance of the Collier County Sheriffs Office to enforce
the provision of this order. All costs of abatement to be assessed to the
property owners.
MR. KELLY: Jean, I have a question.
MS. RAWSON: Yes.
MR. KELLY: Is there a risk by not giving the respondent any
time that they can come back and say that this order was unable to
comply with and they were not given a fair opportunity and hold this
up in litigation for a while?
MS. RAWSON: Well, they were notified to come today and
they are not here. And you can enter an order today. They always
have the right to come back and say help me, you know. But they're
not here. Today's their day.
MR. KELLY: Okay. I just wanted to protect the homeowners so
they don't have to keep going through this.
MS. RAWSON: Well, hopefully this is going to be abated
immediately.
MR. LARSEN: Mr. Chairman, in follow up to Mr. Kelly's
question to our counsel, it appears to me that the last clause in the
recommendation, all costs of abatement to be assessed to the property
owners would give the property owners some opportunity to come
before us and say that the cost should not be assessed against them
because of a lack of timely notice to them to be able to comply with
what they should have done all along.
So they do have some remedy before this board, should they
want to object the assessment of the cost of abatement. Thank you.
Page 46
fbfi' 2KOl.
CHAIRMAN LEFEBVRE: How about amending -- so I think
what you're trying to say is give them a little bit of time, maybe seven
days from this hearing?
MR. KELLY: I don't know what the answer is. I'm just thinking
just something so that they can't wiggle out of it later. Too bad we
couldn't use the old order, that would have just solved all of these
issues. But here we are now. So, you know, maybe just something.
CHAIRMAN LEFEBVRE: Any way that --
MR. LARSEN: Well, Mr. Chairman, I'd like to ask Ms. Rawson
a question in regard to -- under Florida law, what is the rule pertaining
to counting weekends and holidays? Is it seven days and under you
count weekends and holidays and anything over --
MS. RAWSON: Seven days is seven days. So immediately, I
don't know what immediately means, but the investigator said he
thought they were ready to go. If you want to give them seven days,
that isn't really going to be seven days by the time they get the order.
But it's up to you.
MR. LARSEN: So if we went over seven days, then you'd have
to count the weekends, and it's really -- you know, if we give them 10
days, it turns into 13 days.
MS. RAWSON: Yes.
MR. LARSEN: All right. Thank you very much, Ms. Rawson.
MR. L'ESPERANCE: Mr. Chairman, one other question. Do we
need to specify what the county's going to do, or is abate the violation
sufficient?
MS. RAWSON: I think abate the violation is sufficient.
MR. L'ESPERANCE: Thank you very much.
MR. KELLY: And just to further comment, it would probably
take seven days for the county to line up their contractor anyway. So if
you start your preparation immediately, you know, we're going to be
at seven days anyways. I'd just hate to see them come back and try to
stick it into a legal battle because of due process.
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CHAIRMAN LEFEBVRE: To answer your question, I think 4
abate the fines is to follow the LDC and what was originally stated to
be done.
MR. L'ESPERANCE: Thank you.
CHAIRMAN LEFEBVRE: Just trying to -- I'm just trying to tie
this up as best as possible so we're not coming back again. I really
want to see this corrected for these homeowners. I just can't imagine
what they've been going through. So I want to make this the last time
that they have to sit here in front of us.
So I guess looking for a motion for seven days I guess is what --
MR. LARSEN: Well, it's a little bit more complicated than that.
What this recommendation says is it allows the county to immediately
abate.
CHAIRMAN LEFEBVRE: Right.
MR. LARSEN: You'd have to -- if you were going to give them
time, you'd have to say that the respondents have seven days --
CHAIRMAN LEFEBVRE: Seven days, right.
MR. LARSEN: -- and should they fail to abate the conditions,
then the county may immediately go in and abate the conditions
without further delay. And with the assistance of the Collier County
Sheriffs Office.
CHAIRMAN LEFEBVRE: Is that a motion?
MR. KELLY: It sounds like one.
CHAIRMAN LEFEBVRE: I just roped you into a motion.
MR. LARSEN: Okay, then I move that we accept the
recommendation, with the proviso that it be amended to allow the
respondent seven days to abate the violation.
Should the respondent not abate the violation within seven days,
then the county is permitted to immediately abate the violation due to
the health issues involved and the longevity of the violation, using the
assistance of the Collier County Sheriffs Office to enforce the
provisions of this order. And should the county be required to abate
Page 48
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the violation, then all costs of abatement be assessed to the property
owners.
MR. L'ESPERANCE: Second.
CHAIRMAN LEFEBVRE: We also -- do we want to include
there that if it is abated within seven days, the -- that your office gets a
call to go out and inspect?
MR. LETOURNEAU: That would be a good one, yeah.
MR. KELLY: And should a fine be associated with it?
MR. LETOURNEAU: Notify the code enforcement investigator
that the violation has been abated.
MR. LARSEN: Right, and should -- Mr. Kelly, go ahead.
MR. KELLY: My only thought was what if they started actually
working on this and it went over the seven days? I mean, ultimately
that's the idea. The idea is abatement, whoever does it. But it takes
them longer. Should there be a fine to --
CHAIRMAN LEFEBVRE: Yes, absolutely.
MR. LARSEN: Well, then I think you're watering down the
remedy. Because you put in a fine, it assumes that they'll be able to
continue their abatement and just pay the fine.
What I was trying to accomplish with my motion is they must
abate within seven days. Should they fail to abate, then the county
abates, whether they have partial abatement or complete abatement. If
it's not done completely, then the county gets to go in with the
assistance of the sheriff and completely abate the violation.
MR. DEAN: I agree.
MR. LA VINSKI: Yeah, sounds right.
MR. DEAN: I agree.
MR. KELLY: I understand that completely. I'm just saying, if
they stick a bulldozer out there and start working on it and they can
say that they are trying to comply, and the next thing you know
county comes in with their people and they're working on top of each
other, it could be a mess.
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March 2~ 2009 '
16 ~~'~' ~A 4
MR. LETOURNEAU: Can I bring up one thing? I 1
MR. DEAN: As our attorney said, they had their day here today
and they're not here. So I don't really have any sympathy for them.
CHAIRMAN LEFEBVRE: Right.
MR. LETOURNEAU: I don't really want to throw anything into
this, but we've already contracted bidders and we've already got the
bidder to go out there right now. So when I said immediately, we're
ready to go.
My thing to say right now is, though, we're going to grade it
immediately. But because it's so dry out there right now, we're not
going to be required to hydro-seed right now . We're going to probably
have to wait till June before the rainy season comes up on the
hydro-seeding. I mean, there's just no way. If we're going to put it out
there now, it's probably going to die, due to the fact that there's
absolutely no water out there. That's something I've got to throw in
there.
CHAIRMAN LEFEBVRE: Okay.
MR. KELLY: I'll vote on your motion positively. I'm not saying
you have to throw it in, it was just an idea.
CHAIRMAN LEFEBVRE: Are you -- is that a motion and a
second then?
MR. DEAN: Yes.
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. LA VINSKI: Aye.
Page 50
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. LARSEN: Then we have a second case.
MR. KELLY: Same one.
MS. RAWSON: I'm not sure I know what the motion was. Is
that for them to abate within seven days?
MR. LARSEN: Respondent to abate within seven days. Should
then the respondent not abate within seven days, then the county has
the authority to enter onto the property and to commence abatement
immediately.
MS. RAWSON: No fine other than the fact that they've got to
pay the county's bill?
MR. LARSEN: Correct.
MS. RAWSON: Okay, thank you.
MR. LARSEN: Now, Mr. Chairman, I'd like to make a second
motion in regard to Board of County Commissioners versus Klemco,
LLC, Respondent, Goodman, Breen and Gibbs, registered agent,
Kenneth D. Goodman, registered agent, for Department No.
CESD20090002075, if I may.
CHAIRMAN LEFEBVRE: You certainly can.
MR. LARSEN: I move that we find the respondents in violation
of Ordinance 2004-41, the Collier County Land Development Code,
Sections 10.0 1.02(B)(2), and 10.0 1.02(B)(2)(J), and that the violation
existed upon the date of first observation, which was February 26th,
2009 by Code Enforcement Supervisor Letourneau.
That's the motion to find that a violation did exist.
MR. KELLY: Second the violation (sic).
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
March 26, 2009-
.1.'
16 11 ~ 4
Page 51
March 26, 2009
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Do you have a recommendation?
MR. LETOURNEAU: Yes, I do.
CHAIRMAN LEFEBVRE: Is it the same thing?
MR. LETOURNEAU: Same recommendation, yes, sir.
CHAIRMAN LEFEBVRE: Okay. If you could just put it on the
screen.
Mr. Larsen, would you like to go ahead?
MR. LARSEN: Yes, thank you, Mr. Chairman.
I'd like to move that the Code Enforcement Board accept the
recommendation with the following amendment: That the respondents
be given seven days to abate the violation that currently exists on the
property .
Should they not abate within seven days, then the county is
authorized to immediately abate the violation due to the health issues
involved and the longevity of the violation, using the assistance of the
Collier County Sheriffs Office to enforce provisions of the order, and
that all costs of abatement are to be assessed -- all costs incurred by
the county for abatement are to be assessed against the property
owners.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
161 tr'A4
Page 52
Marcb, 2jJ, iOQ,9 ~
.L 0 I ~" 1 A l
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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Would you like to take a break?
MR. DEAN: Yes.
CHAIRMAN LEFEBVRE: Okay. We'll take a break unti110:35.
It is now 10:23.
(Recess. )
CHAIRMAN LEFEBVRE: I'd like to call Code Enforcement
Board back to order.
BCC -- and a third time's a charm, hopefully -- versus Primitivo
Lara.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to violation of Collier
County Land Development Code 04-41, as amended, Section
1 0.02.06(B)(1 )(a).
Description of violation: Addition of pole barn and sheds
without permits.
Location/address where violation exists: 4914 17th Place
Southwest, Naples, Florida, 34116. Folio 36128920007.
Name and address of owner/person in charge of violation
location: Primitiva Lara, 5020 27th Place Southwest, Naples, Florida,
34116.
Date violation first observed: February 6th, 2008.
Page 53
March 26, 20ne) ...
16 11!
Date owner/person in charge given notice of violation: April~r~ 4-
2008.
Date on which violation to be corrected: April 25th, 2008.
Date of reinspection: December 12th, 2008.
The violation remains.
At this time, I would like to present Investigator Renald Paul.
CHAIRMAN LEFEBVRE: Good morning.
MR. PAUL: For the record, Renald Paul, Collier County Code
Enforcement Investigator.
At this time I'd like to give some exhibits for this property.
CHAIRMAN LEFEBVRE: And let's make a note that the
respondent is not present; is that correct?
MR. PAUL: That's correct.
MR. KELL Y: I make a motion we accept the packet.
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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. PAUL: As you'll see, this is Exhibit B-1 through 3. The
first picture will show a far view of -- as you can see in the rear yard,
of the shed and partial part of the pole barn.
And the second photograph will show a much better picture. It's
Page 54
a much closer picture.
As you can see, the pole barn's right next to the shed.
CHAIRMAN LEFEBVRE: Right to the left of it.
MR. PAUL: Correct.
CHAIRMAN LEFEBVRE: With the type of metal type awning
MT~2/, 109 A 4
MR. PAUL: Right.
CHAIRMAN LEFEBVRE: -- covering, roof?
MR. PAUL: That's correct.
MR. KAUFMAN: Pictures were taken when?
MR. PAUL: They've got the dates on them. 2/5 of '08.
MR. KAUFMAN: Okay.
MR. L'ESPERANCE: The construction of the shed, is that when
it was moved in or constructed on-site?
MR. PAUL: Yes.
MR. L'ESPERANCE: Which one?
MR. PAUL: I believe it was constructed on-site. It may have
been; I don't know.
MR. L'ESPERANCE: It's not like one of those premanufactured
sheds?
MR. PAUL: I don't believe so.
MR. L'ESPERANCE: Thank you.
MR. PAUL: But I can't be exact, though. I've never met with the
owner on the site and seen it close up.
On 2/6 of '08 I was on-site, I observed a pole barn and a shed in
the rear of the property. After checking the records, I was unable to
find permits for either one of these structures.
On 2/8 I was on-site. I knocked on the door. I was making an
attempt to serve a notice of violation, but found that no one was home.
The notice of violation was sent certified mail to the owner,
which was not claimed and returned back to the sender.
On 4/3 of '08, I went to the courthouse and the property, posted
Page 55
~~t!'4 -
the notice of violation, completed affidavit of posting and mailing.
On 4/25 of '08, Mr. Primitivo, the owner, came in the office and
said that he needed an extension for the two additions of the pole barn
and the shed, and he said that he has to find out what it will cost him
to keep both of these and that he would be meeting up with an
architect. He requested a three-week extension. At that time I told him
I'd give him the three-week extension so that he could take care of
these things.
On 5/20 of '08 I spoke with Mr. Primitivo on the phone again.
He explained that he talked to an architect and he had an appointment
that following Thursday to see the architect.
On 5/30 of '08, after research, found that the owner had obtained
a permit for the pole barn. He was -- he had obtained a demolition
permit to have the structure knocked down.
On 7/11, after research, found that the violation remained, and at
that time the owner had applied for a permit for the shed. He applied
to relocate the shed.
On 8/12, found that the violation remained.
On 10/9, called owner on the phone, spoke to Mr. Primitivo,
who said that he was going on Monday to get the permit for the shed,
because he had only applied for it, he hadn't had the permit at that
time, and that he was working on removing the pole barn and getting a
CO.
On 11/20, after research, found that the violation remained and
owner only had six days left on the pole barn permit before it expired.
On 12/12, after research, found that the permit for the pole barn
had expired and the other permit for the shed was still in apply status.
Owner had not obtained the permit for it yet.
On 3/11, I posted the notice of hearing at the residence and the
courthouse and completed all affidavits, and we're here today.
MR. KELLY: So the permit for the shed was never picked up.
MR. PAUL: No, he never paid for it, he never picked it up.
Page 56
March 26, 2009
.
MR. KELLY: And the other one's already expired. 16 I ,,. A l
MR. PAUL: Correct.
CHAIRMAN LEFEBVRE: Any other questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KAUFMAN: I'd like to make a motion that we find this in
violation.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. PAUL: Would you like me to read the recommendation?
CHAIRMAN LEFEBVRE: Yes. And also if you could put it up
on the prompter.
MR. PAUL: The county asks that the owner pay the operational
costs in the amount of $87.57 incurred in the prosecution of this case
within 30 days of this hearing.
Respondents required to obtain any and all permits as required
by Collier County for any and all additions and alterations to the
residence, or obtain a demolition permit for removal of all unpermitted
additions to this property and obtain all required inspections and
Page 57
IbC, 21 N:
certificate of completion within "X" amount of days of this hearing or
be fined "X" amount of dollars for each day the violation remains
unabated.
Respondents must notify code enforcement within 24 hours of
abatement. And 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.
MR. L'ESPERANCE: It's a little bit different than what we see
on the screen, but I think the flavor's about the same.
CHAIRMAN LEFEBVRE: The thing that I have a problem with
is the certificates of completion for all non-permitted additions on the
property. So that can include -- I mean, if, let's say, a garage is
converted. I think maybe it should be limited to what we have in front
of us, what they've been cited for, a shed and pole barn, and not just
everything.
MR. PAUL: I'm sorry, when you say everything?
CHAIRMAN LEFEBVRE: Well, exactly what you're saying is
for all non-permitted additions on this property.
MR. PAUL: Right. This is just strictly for the pole barn and the
shed.
CHAIRMAN LEFEBVRE: It should be spelled out.
MR. PAUL: Okay.
CHAIRMAN LEFEBVRE: And we have to discuss in what time
frame and what the dollar amounts of the fine would be.
MR. KELLY: How does 30 days and 200 bucks sound?
CHAIRMAN LEFEBVRE: Discussion of the board?
MR. LARSEN: Thirty days -- well, all right, so it would be
obtaining Collier County building or demolition permits, all required
inspections and certificates of completion for the pole barn and the
shed on this property within 30 days.
MR. KELLY: Correct. And he already had one permit, he just
needs to do a re-app. on that one and then pick up the one that he
Page 58
never picked up.
MR. LARSEN: Okay, so that can be done in 30 days?
MR. KELLY: Sixty then?
MR. DEAN: I don't know, what's wrong with 30? The person's
not here, he's not responded to the code enforcement officer. I mean,
why are we giving him additional days? If he does, he has to come in
and ask for it.
CHAIRMAN LEFEBVRE: Yeah, I think 30 days would be fine.
$200 might be a little bit much.
MR. LARSEN: See, I think 30 days, considering that he has to
obtain the building and/or demolition permit and all required
inspections, as well as the certificate of completion.
Now, if you want to break it down and say he's got to obtain his
permits within 30 days, you know, and the, you know, inspections and
certificates of completion within 60 days, that might work a little
better.
MR. KELLY: If that's the case, I'm just in favor of lumping it all
under one lump sum of time.
CHAIRMAN LEFEBVRE: Right.
MR. LARSEN: As for the 200, I think 200 is an appropriate
number.
CHAIRMAN LEFEBVRE: Mr. Kelly, would you like to make a
recommendation?
MR. KELLY: I was just throwing it out there, I mean, to the will
of whatever you guys want to do. But --
CHAIRMAN LEFEBVRE: It sounds like we have a --
MR. KELLY: Sixty is good?
All right, I'll make a motion that we accept the county's
recommendation, wherein the time frame would be 60 days from the
date of this hearing and the fine would be $200 per day until paid.
CHAIRMAN LEFEBVRE: Could we also change from
non-permitted additions to the shed and pole barn, be specific on that?
March 26, 2009
1611A4'
Page 59
March 26, 2009
MR. KELL Y: Will also change instead of just all non-~e~lttV 4
additions to specifically stating the pole barn and shed.
MR. LARSEN: I second that motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor, say aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
And Jennifer, if I'm not mistaken, we're moving on to motion for
imposition of fines. BCC versus Mary Luedtke. And we do have a
person that would like to speak also.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to CEB Case No.
2007110088, Board of County Commissioners versus Mary Luedtke.
Violation of Collier County Ordinance 04-41, the Land Development
Code, as amended, Section 6.05.02(B). And Collier County Ordinance
85-2, an ordinance relating to the construction, repair, alteration and
prolongation of seawalls and revetments in the unincorporated areas of
Collier County, Sections 2.5.A and 5.C.
Violation location: 2854 Becca Avenue, Naples, Florida. Folio
29830200006, with a violation of a failed seawall.
On May 22nd, 2008, 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
Page 60
"
1f>h ~,2or 4
the violation. See the attached order of the board OR4365, Page 1420
for more information.
The respondent has complied with the CEB orders as of
November 21st, 2008.
The county's recommendation is to issue an order imposing lien
in the amount of $600 as follows: Fines at a rate of $200 per day for
the period between November 19th, 2008 to November 21st, 2008,
three days, for the total of $600.
Operational costs of 291.14 have been paid.
CHAIRMAN LEFEBVRE: State your name for the record,
please.
MR. LUEDTKE: My name's Randy Luedtke. I'm here on behalf
of my wife, Mary, to respectfully ask the board if they would consider
waiving the -- abating the $600 fine. We had the final called on 11/08.
On 11/7 the first one was. And I was unaware that it didn't pass
because of no address numbers on there. And I thought the contractor
was taking care of it.
And so my neighbor, Kenny Thompson, said that I had to put
address numbers on, so I bought them and we called for the
inspection. And it was at 11/19 I believe is when they got out there. I
think we called on 11/18, the day that (sic) the compliance, but they
didn't get there till 11/19. And I paid the $75 on 11/21.
MR. KEEGAN: The county has no objection to waiving.
CHAIRMAN LEFEBVRE: Before we make a decision, Mr.
Thompson, would you like to come up and speak?
MR. THOMPSON: You know, my name is Ken Thompson. I
live at 2831 Becca, just across the street.
And Mr. Luedtke, he's new here, he just bought that place. He
didn't know nothing about this house.
You work here? Your clothes and all that.
So I just happened to catch it. And I told him we need to come
up here. We went here to the Board of County Commissioners and I
Page 61
lar6h 1\2~~ 4
thought they had it all taken care of. And we end up here, see. And I
didn't know that they went and ever did it.
It's not his fault. Because he did come here and got it taken care
of. And we thought they had got it passed. That is the truth.
CHAIRMAN LEFEBVRE: Okay, very good. Thank you very
much for your time.
MR. KELLY: I'd like to make a motion that given the fact that
the respondent stated that the final inspection was passed within the
time frame and it was just a couple extra days for the county to clear
the record and to grant the certificate of completion, that we abate the
fines of $600.
MR. KAUFMAN: Second.
MR. L'ESPERANCE: Mr. Chairman, before we continue with
that motion, I have a question. Maybe the county could help us with
explaining why the operational costs are 291.14?
MS. WALDRON: Just this is an older case, and it was before we
changed our standards for operational costs.
MR. L'ESPERANCE: Thank you very much.
CHAIRMAN LEFEBVRE: We have a motion and we have a
second. 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Page 62
MR. KEEGAN: Thank you.
CHAIRMAN LEFEBVRE: The fine has been abated.
MR. LUEDTKE: Thank you.
CHAIRMAN LEFEBVRE: Next case will be BCC versus Bart
and Sandi Chernoff.
MS. MacALISTER: Good morning, gentlemen. Colleen
MacAlister for Mr. Chernoff. Mr. Chernoff is also here.
CHAIRMAN LEFEBVRE: Could we have the parties sworn in,
please.
(S peakers were duly sworn.)
MS. MacALISTER: I really thought last time we were here it
might perhaps be my last appearance before the board on this matter.
I'm happy to report we have settled this case. And the problem
we have with this case of course is there's two parts to it. Not only the
part that appears before you, but the reconstruction part was also a part
of the lawsuit.
I was kind of surprised when I got the notice of hearing, because
I was somehow under the impression that we would have gotten that
notice next month, not this month.
Anyway, we do have a demo permit. I would have filed
something to come in here and address the issue of the fines and
address the issue of continuance, but the other side had assured me
that they thought we could get the demo done by today, not realizing
that the contractor was focusing on the building permit as opposed to
the demo permit, which is going back and forth with engineering.
Because of course it's a pole barn and so there's lots of engineering
concerns about construction.
So the building permit is in the engineering department. Mr.
Morad can confirm that the permit for the demolition has been issued.
The demolition is scheduled to be done. The permit will be posted
today. Once the permit is posted -- if you'll recall, this involves a pole
barn, a shed and a structure that Mr. Chernoff actually built under the
M,tyj6,2i09 A 4
Page 63
March 26, 2009
'"
pole barn. 16 ~ 1 A 4
Mr. Chernoff is going to do some of the demolition on his pole
barn. He's going to remove things that he feels he can salvage for
possible reuse later, now that there's a permit. He couldn't do that until
the permit was issued.
We have spoken to Mr. Morad about the shed. We're going to try
and save the shed and reconstruct a foundation for the shed. The rest
of it is all scheduled to be demoed and removed and a new pole barn is
scheduled to be built within setbacks and properly permitted on the
property .
So I suppose at this point in time I would ask that the court abate
imposition of the fines for -- I don't think it's going to take longer than
two weeks, but I would ask that we be allowed to get the fines abated
for at least 15 days to get the demo done.
CHAIRMAN LEFEBVRE: The fines are currently running,
right?
MS. MacALISTER: No.
MR. CHERNOFF: No.
MS. WALDRON: Yes, they are. They had until March 23rd for
the last extension you gave them to come into compliance.
CHAIRMAN LEFEBVRE: Mr. Kelly first.
MR. KELLY: Typically we don't abate fines until the property's
come into compliance.
There are two solutions: One, we can go ahead and charge the
fines, they will continue to accrue, and you can come back afterwards
when it is in compliance and ask for a reduction or an abatement.
That's a little bit more risky.
The other idea is to ask if county's willing to pull this from
today's session and put it on perhaps next month or the month after,
giving you the time that you need so we don't have to go through that.
MS. WALDRON: I think -- I know what we've done in the past
is the board has granted a continuance for the motion for extension for
Page 64
~_ 11. f IlIiI'lJ __________'..",..~"'_=_~._.._.,'__.~~_..__.N._".._A....
l}:1arch 26~009.
1 b I tl' 'A 4
imposition of fines, which I would rather do that than the county
pulling it so we have an order on the record.
CHAIRMAN LEFEBVRE: Mr. Larsen?
MR. LARSEN: Mr. Chairman.
Ms. MacAlister, before the board today, we have the -- an
application for the imposition of fine. And the packet indicates that
fines at the rate of $200 per day for the period between March 24th,
2009 and March 26th, 2009, three days, for a total of $600 is what the
county is seeking to impose today. And that fines continue to accrue.
And is it your application that the imposition of fines be stayed
for a period of time to allow you to complete whatever necessary work
needs to be done?
MS. MacALISTER: Yeah. As I say, when I first got the notice--
first of all, I must explain that I had originally told the contractor I had
-- in the law normally actions occur from the date of the order. So I'm
looking at the date of orders on all of the continuances. And I kept
telling everyone we had until the 31 st of March for imposition of
fines, because I count from the date of the order. And usually the order
specifies a different date if it's not from the date that the order is
actually signed. So I have been operating all along on apparently a
wrong calendar.
And I just heard today where your date of order is the date of the
actual order by the board. So that was partially my mistake, or I would
have early on filed for another continuance or an abatement of the
fines.
According to the county, they'd prefer if I ask you. I can make
an ore tenus motion to just continue this matter to the next county
calendar for resolution, if that's what you'd prefer.
We've tried as best we could. There are three lawyers, a
contractor, a homeowner and a former homeowner involved. And like
the case earlier, it's been a monumental effort to try and satisfy
everything.
Page 65
March 26, 2009 '"
Although Mr. Morad can testifY that we actually caml g I I 14
agreement about six weeks ago, because that's when we called him
and asked for clarification on the pad and whether the pad had to be
removed, and also on the shed and whether we could take it off the
foundation and then rebuild the foundation and put it back on, and
whether that would satisfy code enforcement in terms of fines.
So for six weeks we've been trying to pull this together and get
the permits, the proper permits issued so we could go forward.
The problem here is of course with all litigation, it's a whole
package deal. And you can't -- as soon as the contractor walks on the
property, he obtains lien rights to the property. So unless all the pieces
of the puzzle were in place at one time, we really couldn't allow him
to start because we might have lien rights on the property without an
appropriate settlement.
We do have all of the money in escrow, so it's only a question of
finishing paperwork.
So I'll defer to the board's judgment on how they can handle it. I
think, you know, we have always tried to respond to the board timely,
and this time it's probably my mistake in misreading deadlines.
CHAIRMAN LEFEBVRE: Do I hear a motion that we continue
this to next hearing?
MR. LARSEN: Is that a motion with the continuance, the fines
continuing to accrue?
CHAIRMAN LEFEBVRE: Yes.
Mr. Kelly?
MR. KELLY: I was just thinking, if we were going to grant a
continuance, we've already granted two of them, why couldn't we just
do another continuance on the original case? Then you wouldn't have
any fines, because they would technically still have a time to go.
MR. LARSEN: See, I kind of agree with that. I mean, first I
think there's two issues: Ms. MacAlister's ore tenus motion to abate
the $600, and the question of what we're going to do in regard to going
Page 66
forward.
I'm not clear on exactly how much time you're asking for, Ms.
MacAlister.
MS. MacALISTER: I think if the court grants another 30-day
continuance on the original matter, we can come in here and tell you
we've met with Mr. Morad and we've satisfied all the conditions of the
county's order.
MR. KELLY: Understand that that would also be the
construction itself.
MS. MacALISTER: Well, the construction is--
MR. KELLY: Am I wrong?
MS. MacALISTER: No, the construction is not before the board.
The only thing that's before the board is the demolition and the fact
that all of the illegal structures have been removed.
MR. KELLY: I'm sorry, yes, that's exactly what I meant, the
construction work to remove those structures.
MS. MacALISTER: Yes, exactly.
MR. KELLY: And you feel confident you'd be able to do that in
30 days?
MS. MacALISTER: Uh-huh.
MR. KELLY: And furthermore, I'm sympathetic to county's
position where they do want an order. However, I don't want to see the
contractor run into any problems, if he already has some kind of lien
on the property and he's trying to pull NOC's and so forth.
MS. WALDRON: Well, I think what you guys -- what you're
referring to is you wanted to give them another extension of time --
MR. KELLY: Correct.
MS. WALDRON: -- not a continuance. Continuance would
allow the fines to keep running. Extension of time would not.
MR. KELLY: Extension of time, correct.
CHAIRMAN LEFEBVRE: Ifwe give them an extension of
time, it would be 30 days from today, which would be past our next
M4r9126li0Q,9 ..
lbl'l A4
Page 67
meeting.
MS. WALDRON: Correct.
CHAIRMAN LEFEBVRE: So in reality, if the work was not
completed, you would not come in front of us on the 21 st, which is
our next meeting. Right, is it the 21 st? 23rd.
MS. WALDRON: The 23rd of April.
MS. RAWSON: 23rd.
MR. LARSEN: And then the following meeting is when, Ms.
Waldron?
MS. WALDRON: Is May 28th.
MR. LARSEN: May 28th. So if we gave them a 60-day
extension of time, it would be right before the May meeting.
CHAIRMAN LEFEBVRE: I think 60 might be too long. I guess
March 26, 2009 r-
1611 A4
MS. MacALISTER: Can we do the -- can you do the extension
of time up to the date of the next board meeting? Do you have to
specify a number of days?
MR. KELLY: Usually we specify a number of days. And I'm in
favor of more time rather than less. You've been more than diligent in
trying to take care of this. And I am very sympathetic to all of the
litigation and hard work of getting the old owner to come to the table
on this.
And congratulations, we don't see very many people actually get
positive settlements. So, I mean, if you want a classic case of where
people have tried to work diligently to abate these violations, this is
one of them.
MR. LARSEN: Right, I'm more inclined to give 60 days and to
extend the time so their fines do not accrue.
And in regard to the $600, which has already accrued, I also note
that they've paid the operational cost of 463.99, that the ore tenus
motion for the abatement of that $600 is well founded.
CHAIRMAN LEFEBVRE: Is that in a motion?
Page 68
March 2~ 2~
IbI.liA,
MR. L'ESPERANCE: Is that in the form of a motion?
MR. LARSEN: I would make a motion if--
MR. L'ESPERANCE: I would second that.
CHAIRMAN LEFEBVRE: Any 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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. LARSEN: Okay. So you do understand, Ms. MacA lister,
exactly what happened?
MS. MacALISTER: You've abated the $600 and you've
extended -- and you've --
MR. KELLY : You're technically not in violation anymore,
because we've extended the time of the original order, so there is no
600.
MS. MacALISTER: Okay. So we're extended to May 24th,
right?
MR. CHERNOFF: To the next meeting or May 24th?
MS. MacALISTER: To May -- 60 days, correct?
MR. LARSEN: Sixty days from today.
CHAIRMAN LEFEBVRE: And our meeting in May is when?
MR. KAUFMAN: 28th.
CHAIRMAN LEFEBVRE: 28th.
MS. MacALISTER: But I'll come back next month and tell you
Page 69
March 26, 2009 ...
161'1 A4
that everything -- do I need to come -- would the board like me to
come before --
MR. KELLY: No.
MS. MacALISTER: No.
Well, then as long as I'm confident that we will be done, I want
to thank you all for your patience with us. It's been enjoyable.
CHAIRMAN LEFEBVRE: Worst case scenario, you'll be back
in May.
MS. MacALISTER: Boy. Shoot me if I am. Thank you,
gentlemen.
MR. CHERNOFF: Gentlemen, I want to thank you for your
patience in helping me out with this. I really appreciate it.
MR. KELLY: You're welcome.
CHAIRMAN LEFEBVRE: Have a great day.
Next case will be BCC versus Grisel Diaz.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to CEB Case No.
2007040121, violation of Collier County Ordinance 04-41, the Land
Development Code, as amended, Sections 10.02.06(B)(1)(a),
1 0.02.06(B)(1)( e), and 1 0.02.06(B)(I)( e )(i), and Collier County Code
of Laws and Ordinances, Chapter 22, Article 2, Section 104.1.3.5.
Location of violation: 1119 Madison Avenue, Immokalee,
Florida. Folio 63051760002.
Description of violation: Addition improvements constructed to
the existing structure without first obtaining a Collier County building
permit and related inspection. Addition is of an open lanai type
structure.
On October 31 st, 2008, 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 4407, Page 1783
for more information.
Page 70
Mar)h 26, 20,U9 '.
1 0 I ~1~. 1 A 4
The respondent has not complied with the Code Enforcement
Board orders as of March 26th, 2009.
The county's recommendation is to issue an order imposing a
lien for fines at the rate of $100 per day for the period between
December 1 st, 2008 to March 26th, 2009, 116 days, for the total of
$11,600. Fines continue to accrue.
Operational costs of$88.14 have not been paid.
The total recommended lien amount is $11,688.14.
. CHAIRMAN LEFEBVRE: Investigator, can you state your
name.
MS. PEREZ: For the record, Christina Perez, Code
Enforcement.
CHAIRMAN LEFEBVRE: Thank you.
Has there been any follow-up or anything? Have you discussed
MS. PEREZ: The property is vacant. There is no one living in
the home. The violation still remains.
CHAIRMAN LEFEBVRE: Any further discussion from the
board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion to impose fines?
MR. KAUFMAN: I'd like to make a motion that the fines be
imposed.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: 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.
Page 71
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(N 0 response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. PEREZ: Thank you.
CHAIRMAN LEFEBVRE: Next one will be BCC versus Naples
Property Services, LLC.
(Speaker was duly sworn.)
MS. WALDRON: This is in reference to CEB Case No.
2007050653.
Violation of Collier County Ordinance 04-41, the Land
Development Code, as amended, Sections 10.02.06(B)(1)(a), and
1 0.02.06(B)(1)( c).
Location of violation: 865 95th Avenue North, Naples, Florida.
Folio 62769000004.
Description of violation: Existing structure with interior and
exterior alterations and improvements without prior Collier County
zoning and development review approval.
Also existence of an accessory structure without Collier County
permits.
On January 24th, 2008, 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 attached order of the board OR 4385, Page 0698 for
more information.
The respondent has not complied with the Code Enforcement
Board orders as of March 26th, 2009.
The county's recommendation is to issue an order imposing lien
for fines at the rate of $200 per day for the period between August
21st, 2008 to March 26th, 2009, 218 days, for the total of $43,600.
March 26, 2009
16 t l"A 4
Page 72
~b'2l2llO~
Fines continue to accrue. Operational costs of357.86 have been paJ 4
The total recommended lien amount is $43,600.
MR. KELLY: Investigator, I notice that the affidavit of
noncompliance was filed after your reinspection performed May 23rd,
2008. That was like 10 months ago.
Do you have any updates on the property?
MR. MARTINDALE: For the record, Ronald Martindale,
Collier County Code Enforcement Investigator.
Yes, sir, I have had no communication with the owner or the
agent in several months. I've made multiple checks of the property,
and they did pull a permit middle of last year. It was never picked up.
It since has expired. The property is still vacant and unchanged from
the last two years, as of yesterday at 2:00 p.m.
CHAIRMAN LEFEBVRE: Any fur --
MR. LARSEN: Mr. Chairman?
CHAIRMAN LEFEBVRE: Yes.
MR. LARSEN: Investigator, is the place vacant?
MR. MARTINDALE: Yes, sir.
MR. LARSEN: Is it on the market? Is there any indication that
it's for sale?
MR. MARTINDALE: I've had several attempts, people
contacting, wanting to know what to do to resolve the code situation,
and they've just been referred to the Clerk of Courts to see what the
board's order has been.
It was a health -- a child care facility, and because of the
problems here, nobody's -- nobody can buy the place because of all of
the additional structures and the modifications made to the main
primary structure without any permits.
So as far as I know it's still vacant and on the -- I'm assuming the
owner's trying to sell it, but it still shows, as per the Clerk of Courts,
that he is still the owner of record.
MR. LARSEN: Thank you very much.
Page 73
March 26, 2009 .,
16rtriiA
MR. KELLY: Mr. Chairman -- hang on, I've got to lhteITbPf 4-
you, I'm sorry. I just realized what property this was, and I need to
recuse myself. I have personal knowledge about the litigation that's
ongoing between the tenants and the owner, and I don't think I should
participate in the case.
CHAIRMAN LEFEBVRE: Okay. Make a note on the record
Mr. Kelly excused himself.
MR. KAUFMAN: Question. Do you know whether a lis pendens
is out on this or not?
MR. MARTINDALE: On my last check, which was
approximately 10:00 a.m. yesterday, there was no indication of lis
pendens or any type of foreclosure action.
CHAIRMAN LEFEBVRE: Any further questions of the board?
MR. LARSEN: Just one further question.
Is the place secure? It's not an attractive nuisance or anything
like that, is it?
MR. MARTINDALE: Other than a slight weight (sic)
accumulation, the property appears to be secure. No signs of any entry
during the past year, year and a half that I've been making checks on
it.
MR. LARSEN: Thank you very much.
MR. MARTINDALE: I might add that it is fenced front, rear
and side, and that will keep some of the people out.
CHAIRMAN LEFEBVRE: Do I hear a mo --
MR. LARSEN: No further que -- well, it appears that we have
another situation where the respondent, Naples Property Services,
LLC, is really not interested in complying with this board's prior
orders.
And, you know, it's unfortunate that the fines continue to accrue
at $200 a day from August 21 st, 2008 to March 26th, 2009 for a total
of 218 days, but I don't think the board has much alternative but to
impose the fine for $43,600. I understand operational costs were paid,
Page 74
March 26, 200-9
e... I" A
but the fines continue to accrue. And jfthe property oJn\+.;I~ not 4
interested in bringing it up to code in complying with the order, I
guess we have to impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: I'll second that motion.
CHAIRMAN LEFEBVRE: Any further discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor, say aye.
MR. DEAN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. MARTINDALE: Thank you, gentlemen.
CHAIRMAN LEFEBVRE: Next case will be BCC versus
Vanderbilt Devco, LLC.
(S peakers were duly sworn.)
MR. V ARSAMES: My name is John Varsames.
V -A-R-S-A-M-E-S.
May I distribute this to you?
CHAIRMAN LEFEBVRE: Before I go forward, I know you
have a DVD that you want to present to us. Is this in lieu of the DVD?
MR. V ARSAMES: No, it's the same. I just didn't know whether
they could run it.
MS. WALDRON: I think we're all set up.
MR. V ARSAMES: Okay, we're ready to go. Okay.
MS. WALDRON: Ifwe can't get it to work, we'll --
CHAIRMAN LEFEBVRE: Before we see the DVD, is it in
Page 75
~bC11t 20~ 4 '
direct relation to your imposition of fines, reducing your fines? I do
not want to hear the case again.
MR. V ARSAMES: Okay. We never heard the case. We entered
into a stipulation agreement under the premise that we were desiring
to clean up a creative nuisance that was created by the former owner.
And we simply agreed the stipulation agreement to go forward.
Thereinafter we completed the work as per the stipulation
agreement, I think as the county is prepared to testify.
The issue comes into focus as to whether or not we were ever
notified that our mitigation plan was accepted, and we take the
position it was not.
Some of the photographs that we're going to show you on the
DVD represent a historical perspective, but it does show what we've
done to clean it up.
I would respectfully submit that that entire presentation would
take less than three minutes.
CHAIRMAN LEFEBVRE: It's not the time frame, it's what's the
content of the DVD.
MR. V ARSAMES: The content basically moves our hardship
position to request that there be no fines waived -- imposed, because
all of the work that was asked for has been delivered. And it's a que --
it then really falls to an issue of timing.
CHAIRMAN LEFEBVRE: Jean, couple of questions. First of
all, we have to make a motion, I would assume, to see the DVD; is
that correct?
MS. RAWSON: Yes.
CHAIRMAN LEFEBVRE: And again, I don't want to hear the
case. I mean, I just want to hear what's relevant to why they want a
reduction. So would the DVD --
MS. RAWSON: Since I haven't seen it, I'm not sure. I think he --
I think he just said that it is relative to why he thinks the fines should
be abated.
Page 76
March 26, 2009
If'
MR. KAUFMAN: Should be abated. 1611 '''~ 4
MS. RAWSON: Should be abated, yes, and not imposed.
MR. LARSEN: I make a motion that basically we permit the
respondent to play his DVD.
CHAIRMAN LEFEBVRE: Do I hear a 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes. Okay.
MR. LARSEN: Mr. Chairman, is there additional materials that
the respondent wanted to submit to the board for review?
MR. V ARSAMES: I simply have the same materials on the
DVD, under the chance that if you couldn't view it I could give it to
you in print.
MR. LARSEN: Thank you.
MS. WALDRON: Mr. Chair, would you like me to go through
the imposition details first?
CHAIRMAN LEFEBVRE: Please. Sorry about that.
MS. WALDRON: This is in reference to CEB Case No.
2006070496. Violation of Collier County Ordinance 04-41, the Land
Development Code, as amended, Section 3.05.01(B).
Violation location: 7071 Hunters Road, Naples, Florida, Folio
Page 77
283680001.
Description of violation: Vegetation removed on undeveloped
property without obtaining the proper required Collier County permits.
On February 28th, 2008, the Code Enforcement Board issued a
finding of fact, conclusion of law and order. The respondent was
found in violation of the referenced ordinances in order to correct the
violation. See the attached order of the board OR 4336, Page 2752, for
more information.
The respondent has complied with the Code Enforcement Board
orders as of January 23rd, 2009.
The county's recommendation is to issue an order imposing lien
for fines at the rate of $200 per day for the period between March
31st, 2008 to May 14th, 2008, 45 days, for the total of $9,000.
Also, fines at a rate of $200 per day for the period between
September 27th, 2008 to January 23rd, 2009, 119 days, for the total of
$23,800.
Operational costs of 468.31 have not been paid. The total
recommended lien amount is $33,268.31.
CHAIRMAN LEFEBVRE: Okay, do you want to go ahead and
March 26, 2009
16 11 A 4
MR. V ARSAMES: Yeah, I believe, just to record, the
operational costs were paid, so I think the --
CHAIRMAN LEFEBVRE: Yes.
MR. LARSEN: No, it says they have not been paid on my form.
MR. V ARSAMES: We show them as being paid.
MS. WALDRON: We'll double check that, but we're --
MR. V ARSAMES: Yeah, I think they're paid.
The property in question is identified as 7071 Hunter Road. The
property fronts on old Livingston Road and Hunter.
This photograph shows the property when we bought it. And
what you're looking at is an organized creative nuisance created by the
previous owner, which was a motorbike, dirt track, jumps and pits.
Page 78
March 26, 2009
Next slide, please. 16 '1 A 4
The property in question was used illegally as an organized
motorbike and four-wheeler track. There was illegal dumping going
on, on the property when we purchased it.
Our next door neighbor used it to dump landscape waste,
concrete debris and conduit and construction waste. Next slide, please.
So basically this enlarged slide shows the condition of the
property when we took it over and our own attempts to clean it up and
mitigate. Next slide, please.
So the V.F. w. was originally issued a permit on this land to
change the zoning from agricultural to multi-family and to put it forth
as an old soldier's home. There was clearing done on the property
prior to us buying it. There was gravel fill done in the southeast corner
on about 25 percent of the property. And two structures were built on
the property of cement block well structures, one that still exists. That
permit was subsequently expired and sold to us. Next slide, please.
There is a picture of the well house structures that are there.
Next slide, please.
This is typical of what we find on the property after fencing. The
area where you're looking at the beer cans are areas that we mitigated
prior to any discussion with the county. Next slide, please.
This is representative of the dumping and trespassing that was
there. Keep going.
This is -- we took out five dumpster loads of debris like this.
Next slide, please.
Next slide, please.
So we went in and we were asked to produce a remediation plan,
which we did with Jeremy Sterk at Davidson Engineering. This is a
picture that depicts the work in progress. Next slide, please.
Next slide, please.
This is examples of where we had mitigated prior to any
mitigation plan. Next slide, please.
Page 79
t&t 16, Ja04
These are the areas that were planted and re -- are prepared and
replanted. Next slide.
These -- you can just thumb through these. These are just
self-explanatory, showing compliance with the mitigation plan and the
things that the county had recommended. Next slide.
We've now posted the property and secured the gates. Next slide,
please.
Next slide.
So here's our position. The property was purchased and we
secured a full legal permit from Collier County for the installation of a
precast concrete fence. At that particular time there was no vegetation
removal permit requested or required. We were issued a legal fence
removal permit.
The fencing was precast concrete, as outlined in the permit. We
were fencing the property to lessen our liability, keep the motor bikers
and the dumping off of the property.
No clearing permit was asked for by the county, nor was it
required at that particular time.
We had our first encounter with Collier County Code officials
who had said that there was a violation on the property for vegetation
clearing.
The gentleman representing your agency -- or the agency of
code enforcement came out, he walked the site with me. All the staff
knows who he is. He left the site saying, you've done a fine job, we
appreciate the cleanup, there is no code violation. Those were his
exact words.
CHAIRMAN LEFEBVRE: When was this?
MR. V ARSAMES: This was seven or eight months prior to the
initial violation issued by Jen. Next slide.
So Collier County's issued us this permit. We had no -- no
clearing was mandated or requested. We had this code official walk it
and he saw what we were doing.
Page 80
Itrlh f6'lOOQ
And we had filed several complaints with the Sheriff's Ofice an~
other people about the dumping on the property and what was going
on, and we never got any proactive involvement on the part of the
county to help us abate the dumping. Next slide, please.
So we agreed to the stipulation agreement because we wanted to
clean it up and we thought it was the lesser of two evils. And we made
a mistake. We should not have -- not appeared before this board and
showed you this beforehand. It was presented to us in such a manner
and we agreed that we wanted to go in and clean it up, and this would
be the most logical way.
Now comes the breakdown in communication.
Jen appropriately led me down to the environmental department
at the county and told me the -- and handed me the forms for filling
out and told me the amount of the check. And I did exactly what she
said and handed the clerk the check.
The clerk at that time reviewed the permit and told me that the
Collier County Code people didn't know what they were talking about,
that this was their department and this check that I had given them was
-- or offered was for too much money and to leave the permit, which
we did, and they reviewed it.
About six weeks later we get a letter from them stating that your
permit is declined, your check is incorrect. Well, at this point it was
my assumption that the stipulation agreement stated, and it does state,
that we were to go get this vegetation clearing permit. Therefore, we
didn't move forward with the mitigation plan until we actually had the
permit or permit in progress. We had hired the consultant, but we were
waiting for the permit.
The permit was subsequently issued. Jen was in fact correct. The
check was revised, and we had to go back and forth three times just to
deliver checks and correspondence to agree with what J en had
originally told us.
So we hired this consultant. It was expensive. We did the plan.
Page 81
March 26, 2009 ..
And we have until today never received anything from 1& cbk~nA 4. '
writing that said Mr. Varsames or Mr. Hodgson, your plan was in fact
accepted.
What we got was later on a copy of an e-mail that Jen had sent to
Jeremy Sterk saying that she had reviewed the plan and in her opinion
it was okay and they were awaiting the environmental people to get
back with them.
So when Susan O'Farrell called us and said, hey, guys, you're in
violation of this thing; you know, you agreed to a stipulation
agreement and you submitted your mitigation plan and it's accepted,
now you have to go do the work.
So at that point I told her that we had progressed on that front.
She came out to inspect the work. And if we went back to the first
slide, she went to the address on the slide, which is 7071 Hunter Road.
The mitigation plan, however, calls for all the mitigation to take place
on the interior of the property, and that's where the mitigation was
done.
She came back and found that I was -- she thought I was in error,
that there was no in fact work done. But when. she went to the site, she
was actually at the wrong place.
So we did meet, she did see the work, and she verified that the
work had been in place.
So respectfully submitted, we would have no motivation
whatsoever not to have done this in 100 percent compliance with all
the steps, but for the lack of positive communication between the
owners.
And the example of this is even today the notification for this
hearing went to our registered agent, who is the attorney, in a plastic
zip lock bag that was taped to the fence at 7071 Hunter Road that blew
away that I happened to find when I was going out there.
So we're really much in favor of having cleaned this up. We've
spent hundreds of thousands of dollars on the fence, the improvement
Page 82
~rch 26"-40G9
1 b It 1 II 4
and the taxes just to clean it up. We haven't built anything on it. Ana
in this economy and situation we won't be applying for it.
But this fine represents in my view a hardship. We are 100
percent compliance, and we always were intending to comply, but I
think it's a very poor communication trail.
CHAIRMAN LEFEBVRE: Would you like to speak?
MS. O'FARRELL: For the record, Susan O'Farrell, Collier
County Code Enforcement, Environmental Investigator.
I believe we should start with the stipulation that Mr. --
MR. V ARSAMES: Varsames.
MS. O'FARRELL: -- Varsames signed, and that none of the
agreements were met. I also feel that this case is being reheard.
He has a stipulation. He did not follow through with it on time.
The fence permit that he was applying for was not ever C.O.'d, so it's
in issued status. The permit was for the vegetation removal permit in
order to put the fence.
Let me look for my notes.
He was ordered to submit the mitigation plan by March 30th of
2008. He submitted it on May 4th of2008 and was approved in an
e-mail to Jeremy Sterk, who was his consultant, from Davidson
Engineering on 5/29/08. May 29th, '08.
Jen sent an e-mail to Jeremy Sterk, advising the mitigation was
approved.
I received an e-mail from Jeremy Sterk on October 17th of 2008,
saying that he was certain they had not completed, as he had not heard
from them about approved mitigation plan. He would have been
getting calls for the clarification of the plans or the bids, and he has
not heard anything from them.
Any other questions?
MR. LARSEN: It appears that the stipulation agreement you just
referred to, Investigator O'Farrell, was dated 2/26/08, correct?
MS. O'FARRELL: That would have been the date of their
Page 83
hearing, so yes.
MR. LARSEN: And then basically we have a findings of fact,
conclusions of law and order of the board for -- dated February 28th,
2008?
MS. O'FARRELL: The hearing was held -- the stipulation was
dated on the 25th of February, and the orders --
MR. LARSEN : Well, the order on the first line says February
28th, but I see that it's signed by the Chair on the 4th day of March,
2008.
MS. WALDRON: If I could make a statement to that, since I
was the investigator on the case at that time. They were not able to
show up for the hearing, so they entered in a stipulation before the
hearing date.
MR. V ARSAMES: I had military service at that time.
CHAIRMAN LEFEBVRE: Hold on a second. I'm not sure if
she's talking regarding the case, so --
MR. V ARSAMES: Oh, I'm sorry.
CHAIRMAN LEFEBVRE: -- Jennifer would have to be sworn
March 26, 200~
16 Ii 1 ~ 4
.
In.
(Ms. Waldron was duly sworn.)
MR. LARSEN: All right, so --
MS. WALDRON: That's why the dates are showing that that
way.
MR. LARSEN: So the violation, or the fines result from the
order itself from the board, correct?
MS. WALDRON: Correct.
MR. LARSEN: And the first one is order item number two
where it imposes an obligation on the respondent to prepare a
mitigation plan, which meets the criteria within 30 dates, March 30th,
2008, correct, Ms. O'Farrell?
MS. O'FARRELL: Yes.
MR. LARSEN: And then the fine starts to run from March 31 st, ,
Page 84
2008 through May 14th, 2008, correct, Ms. O'Farrell?
MS. O'FARRELL: Yes.
MR. LARSEN: Why is it stopped at May 14th, 2008?
MS. O'FARRELL: They were to submit a mitigation on 5/14/08,
which was due on 3/30/2008. The mitigation plan was received on
May 14th, 2008. So we have March, April and May. That would have
been where their fines would have started accruing.
MR. LARSEN: Right.
So, sir, you agree that the mitigation plan wasn't submitted until
May 14th, 2008?
MR. V ARSAMES: Correct. I also agree that the reason why it
couldn't be is we had no vegetation clearing permit during that period
of time.
MR. LARSEN: Okay.
MR. V ARSAMES: So the same day we went and met with Jen
and signed the stipulation agreement was the same day that we applied
for the vegetation clearing permit.
The trail of informal e-mails that went back and forth between
Jen and the consultant, in one of them it said, I looked the plan over, it
looks okay to me and I'm awaiting to hear from wetlands and
vegetation on the issuance of that permit.
MR. LARSEN: I understand, sir.
And then Ms. O'Farrell, paragraph five of the order states that
should there be noncompliance, then the fines would run at $200 per
day for the noncomplying period, correct?
MS. O'FARRELL: Yes.
MR. LARSEN: And that's how you arrived at the sum of $9,000
for a period of 45 days?
MS. O'FARRELL: That would be the CEB coordinator, Jennifer
Waldron.
MS. WALDRON: That's how we arrived at that, yes.
MR. LARSEN: Okay. Now, the second part, you're looking for
March 26, 2009
...
16'.1 A4 I
Page 85
March 26, 200.0.
an imposition of fines of $23,800 for a violation of 0l19itbJuu~~r
three, which is all plants material must be installed in accordance with
the mitigation plan within 120 days of acceptance of mitigation plan.
So when was the mitigation plan accepted?
MS. O'FARRELL: This is why I feel that this case is being
reheard.
MR. LARSEN: No, this is in regard to the fine.
MS. O'FARRELL: It was approved on 5 -- May 29th of'08.
MR. LARSEN: All right.
And I guess Ms. Waldron, basically the 120 days lapsed on
September 27th, 2008?
MS. WALDRON: Correct.
MR. LARSEN: And that was for a total of 119 days at $200,
pursuant to paragraph six of the order?
MS. WALDRON: Correct.
MR. LARSEN: Do you agree with the time frame?
MR. V ARSAMES: I agree with the time frame, but I must
reiterate that including today, we have never been notified by this
county that that mitigation plan was accepted.
MR. LARSEN: So you're not arguing that the county's
calculation of the dates for noncompliance or the imposition of the
$200 was incorrectly calculated.
MR. V ARSAMES: I suppose I was -- yes, I would agree with
you.
What I'm saying to you is I would think that it's incumbent upon
the code enforcement to -- after a respondent goes ahead and submits a
mitigation plan, that they should be able to produce for this board and
for me a letter or a piece of correspondence to me and/or Mr. Hodgson
which states that this plan was accepted and you may go ahead and
execute that plan.
In a casual e-mail to a consultant, we never got a forward on that
e-mail from him, except for when we called and Susan O'Farrell told
Page 86
us we were in violation.
MR. LARSEN: And just to follow up, sir, it appears that those
provisions, which were contained in paragraphs two, three, five and
six of the board's order, which was signed on the 4th day of March,
2008, actually were incorporated or referenced in the stipulation of
agreement in paragraph three; is that correct, sir?
MR. V ARSAMES: That is correct, sir.
I would also ask that the county retestify that this thing is
completed and accepted.
MS. WALDRON: We have an affidavit of compliance saying
that they are in compliance.
MR. LARSEN: Right, I do have that. I did see that affidavit of
compliance by Ms. O'Farrell. And I notice that the affidavit is dated
the 2nd day of March.
But the date of compliance was what, Ms. O'Farrell?
MS. O'FARRELL: The date of compliance was the date after the
CEB hearing. We heard it on the 26th, so it would have been the 27th.
Because at that CEB hearing, he was given 30 days -- it's not in the
order for some reason, but you asked me to go out within 30 days.
MR. LARSEN: Your affidavit of compliance.
MS. O'FARRELL: Yes.
MR. LARSEN: When do you deem him to be in compliance?
When do you deem the respondent to be in compliance?
MS. O'FARRELL: The 23rd.
MR. LARSEN: Of January?
MS. O'FARRELL: Was it January?
MS. WALDRON: Yes.
MR. LARSEN: 2009?
MS. O'FARRELL: Yeah.
MR. V ARSAMES: I have to disagree with that.
MS. O'FARRELL : Yeah, because I -- the reinspection was
performed on January 23rd. Mr. Varsames met me on-site.
March 26, ~0~9'
16':1 A4
Page 87
1 ~i~h16rGOQ
MR. LARSEN: And why do you disagree with that, sir? 4
MR. V ARSAMES: Because she had no knowledge of when it
was completed, nor could she ever testify that she knew when it was
completed. It could have been completed 60 days before that, and she
would have had no way of knowing, because she never inspected the
proper place where the work was conducted. By her own admission
she went to the wrong place.
So we are -- this is really the point of dispute. It's not the actual
dates. You cannot tell me, one, if you accepted the plan; two, when
you accepted it; three, produce any evidence of acceptance; and four,
when this mitigation plan was actually finished.
MR. LARSEN: All right, sir, so what date do you believe that
you were in compliance?
MR. V ARSAMES: I don't know. I'll go back and look. I mean,
we tried to dig it up, but we'll go back and look at vendor references.
But it was at least a couple of months before -- or a month before at
least we had sat and met with her after she had gone to the wrong site.
MR. LARSEN: Right, so --
CHAIRMAN LEFEBVRE: Let me interject just for a second.
If you're asking for a reduction in the fines, you obviously have
to come in here. You came in here with a presentation and everything.
You should also come in with when you feel that the actual date and
time is.
MR. V ARSAMES: We feel there is no date and time because we
still as of today -- I am asking you, show me a document that says that
this document plan is approved and you may go ahead and do it, and
you cannot produce that.
MS. WALDRON: Can I speak to that?
We do have those documents. I personally have e-mails to the
consultant. I can't access them from here because I can't get on to the
vault.
MR. V ARSAMES: An e-mail to the consultant doesn't satisfy
Page 88
your legal obligation to notify --
MS. WALDRON: Our standard procedure is they hire the
consultant. We deal with the consultant. The consultant should get
back to them whether this plan has been approved or not. We have a
copy of the plan that is signed, dated by myself saying approved as
well.
MS. O'FARRELL: I also might add that at the last CEB hearing,
he did testify that the plantings had not been done, which is why the
30 days was given. And I was there on the 30th day. The plantings had
been recently done. So I can testify they were done 30 days --
CHAIRMAN LEFEBVRE: Mr. Larsen?
MR. LARSEN: Well, I believe that, sir, there is some kind of
obligation on the part of respondent to notify the code enforcement
official that the violation has abated. Was that done?
MR. V ARSAMES: No, sir.
MR. LARSEN: Okay. So the respondent did not notify--
MR. V ARSAMES: Is that a statutory requirement?
MR. LARSEN: It's actually in the order.
MS. O'FARRELL: It's also in the stipulation that he signed.
MR. LARSEN: The stipulation.
Paragraph seven of the board's order dated March 4th, 2008 says
that the respondent is to notify code enforcement officials that the
violation has been abated and request the investigator to come out and
perform the site inspection in regard to the stipulation dated 2/26/08,
which is -- should be paragraph four under the therefore clause, but it's
misidentified as the second paragraph three. It says respondent must
notify code enforcement that the violation has been abated and request
the investigator to come out and perform a site inspection.
So I understand your position.
Ms. O'Farrell, as far as the records of the code enforcement
agency indicate, was the code enforcement investigator, whether
yourself or perhaps another, notified that the violation has been
March 26, 2009
16 f 1 A 4
Page 89
March 26, 2009
abated? And if so, when? 16 I 1 ~ 4
MS. O'FARRELL: I was not informed that it was abated. Jen
will have to answer to whether she was informed.
MR. LARSEN: Well, how long have you been on the case, Ms.
O'Farrell?
MS. O'FARRELL: I started the case, let me see, on 10/28.
MR. LARSEN: Of what year?
MS. O'FARRELL: October of '08.
MR. LARSEN: October of'08.
Thank you, Mr. Chairman. No further questions.
MR. V ARSAMES: Mr. Larsen, may I clarify one thing?
Regarding the notification, we've had nothing but a pleasant
discourse of conversations back and forth with the code enforcement
people. And when Susan called me and said she had been to the site to
verify to you that it was done or not done and it wasn't done, I
respectfully suggested that she meet me out there. When she did, she
saw that it was in fact done.
So we had had conversation about it being done, and it did
predate the date of that time by a few days. But I will stipulate and
admit that we did not proactively contact them in some formal format
and say okay, the work is done.
MR. LARSEN: I appreciate your candor, sir.
CHAIRMAN LEFEBVRE: What was the time frame between
the first time it is alleged that the investigator went out and went to the
wrong site to the second time that you actually met her on-site?
MR. V ARSAMES: Just a few days.
CHAIRMAN LEFEBVRE: Just a few days, okay.
Mr. Kelly, go ahead.
MR. KELLY: I'd like to look at it in the simplest possible form.
The idea of the Code Enforcement Board is to help respondents come
into compliance using time frames and fines to help with the
enforcement end of it.
Page 90
March 26, r200Q
Sir, I believe you have done what we had aske}y~U~ ~e~~ it'
was in the right time frame or not, you are in compliance.
MR. V ARSAMES: Correct.
MR. KELLY: I'm in favor of abating the fines. However, there is
the one issue where we have here that says that the operational costs
have not been paid, and that's something we cannot abate.
MS. WALDRON: Just to clarify, they have been paid.
MR. KELLY: They have been paid.
I'm in favor of abating the fines. I think the idea of this board is
to work with the respondents, like code enforcement does now.
And when you look at the original stipulated agreement, you'll
see that we don't necessarily follow that format anymore. We don't set
up one time frame to secure a mitigation plan and yet another one to
get it done. We usually try to lump it all under one date.
And we've learned from cases such as these not to do that,
because the simple time frames with going back and forth between
staff, consultants and yourself.
MR. V ARSAMES: I appreciate that.
CHAIRMAN LEFEBVRE: So is that a motion?
MR. KELLY: I'll make a motion that we abate the fines.
MR. KAUFMAN: I 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
MR. LARSEN: Nay.
Page 91
CHAIRMAN LEFEBVRE: Motion passes.
MR. V ARSAMES: Thank you very much. Appreciate it.
CHAIRMAN LEFEBVRE: Motion passes.
Next case will be BCC versus James Hargraves.
MS. WALDRON: Actually, Angel and Norberto Hernandez.
CHAIRMAN LEFEBVRE: I'm sorry. I knew I was going to
miss that one. I crossed that one out.
I apologize. You're going to be up next. I'm sorry about that.
MS. O'FARRELL: Let me go get the file, please.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to CEB Case No.
2007010485, violation of Collier County Ordinance 04-41, the Land
Development Code, as amended, Section 3.05.01(B).
Violation location: 3355 Holly Avenue, Naples, Florida. Folio
00420720009.
Description of violation: Vegetation removed on an undeveloped
property without obtaining the proper required Collier County permits.
On May 22nd, 2008 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 4365, Page 1434,
for more information.
The respondent has not complied with the Code Enforcement
Board orders as of March 26th, 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
22nd, 2008 to August 8th, 2008, 47 days, for the total of $9,400, and
fines at a rate of $200 per day for the period between October 9th,
2008 to March 26th, 2009, 166 days, for the total of$33,200. Fines
continue to accrue. Operational costs of $404.08 have been paid.
The total recommended lien amount is $42,600.
CHAIRMAN LEFEBVRE: Are you going to be translating?
l~t i6, 1A04
Page 92
16 rlh ?6,.2009
MR. NORBERTO HERNANDEZ: Actually, it's both ofJ\ 4
property. He's my dad.
CHAIRMAN LEFEBVRE: Okay. Can you state your names for
the record, please?
MR. NORBERTO HERNANDEZ: Norberto Hernandez.
MR. ANGEL HERNANDEZ: Angel Hernandez.
CHAIRMAN LEFEBVRE: Thank you very much.
And you have not complied with your stipulated agreement; is
that correct?
MR. NORBERTO HERNANDEZ: That's not correct, according
to me. We had an agreement on planting the -- you know, all the trees
that were removed and the vegetation we privately removed.
And the trees, you know, they had died. But we planted the trees
on the dry season, there's no water. But we did comply. We put up the
trees. And I thought that the penalties were going to stop at the time
that we installed all the trees.
It took us a long time to hire consultants, because it's a vacant
lot. Nobody wanted to come out and do that kind of job, which it was
expensive, okay.
So we bought all the trees, so we installed in there, which are
there. Part of them died. It was a dry time. It's a vacant lot, there's no
water.
But we did comply. We paid the county fee. And then all the
expenses that we had, you know, the consultant, the mitigated plan
that we showed to the county. It was late, but we did that. Because
nobody showed up.
CHAIRMAN LEFEBVRE: What percentage of the trees did not
survive?
MR. NORBERTO HERNANDEZ: I would say probably like 75
died, 75 percent.
CHAIRMAN LEFEBVRE: 75 percent died?
MR. NORBERTO HERNANDEZ: Yeah.
Page 93
March 26" 2009
CHAIRMAN LEFEBVRE: Okay. Right here in l~st\p!ate~ 4
agreement it states that for a period of two years replacement required
to maintain the 80 percent minimum annually. So 80 percent of the
trees have to survive. So that didn't occur, number one.
When did you actually get everything completed?
MR. NORBERTO HERNANDEZ: The trees were installed like
-- it hasn't been two years since they were installed.
CHAIRMAN LEFEBVRE: I know, but when were they
installed? The stipulated agreement was May 22nd of last year,
correct?
MR. NORBERTO HERNANDEZ: Yeah. I think it--
CHAIRMAN LEFEBVRE: And let me see, what was your time
frame to get this complete? How many days did they have to complete
.t?
I .
MS. O'FARRELL: Jen?
CHAIRMAN LEFEBVRE: Sixty days. All right. When did you
actually install?
MR. NORBERTO HERNANDEZ: They were all installed in
August.
CHAIRMAN LEFEBVRE: In August?
MR. NORBERTO HERNANDEZ: I think.
CHAIRMAN LEFEBVRE: Did you -- Investigator, did you go
out at all to make sure that the trees were planted, or --
MS. O'FARRELL: I went out to the site and they were not
planted. I did visit -- I worked very closely with them. I know that
they've tried --
CHAIRMAN LEFEBVRE: When did you go out there?
MS. O'FARRELL: I'm looking for the actual -- I'm having a
hard time with these cases, because they weren't mine to begin with.
CHAIRMAN LEFEBVRE: Okay. I understand.
MS. O'FARRELL: I'm sorry.
CHAIRMAN LEFEBVRE: Do you remember when she was out
Page 94
there? Were you there with her?
MR. NORBERTO HERNANDEZ: She's been there several
times.
MS. O'FARRELL: It was after the --
MR. NORBERTO HERNANDEZ: We've been there together. I
mean, it's something we have -- trying to do together, because it
started real simple and it's been very complicated, the way it is right
now.
CHAIRMAN LEFEBVRE: Sure.
MR. NORBERTO HERNANDEZ: I didn't think I would be here
.
agaIn.
And I know the trees, they're like 75 percent they're dead. But I
thought they were given a year to plant them. In fact, we've got more
trees to put in. But there's no way we're going to put them in right now
because they're all going to die again. We have spent already close to
$4,000 in trying to do this. We have to work again.
She help us every time. She's been there -- you know, we've
been to the office, she's been to the site, and it's still a problem, I know
that. That's why we're here again, to try to take care of it. I didn't know
we owed that much money --
MS. O'FARRELL: I think every time -- if I may interrupt, every
time I've been out there, Angel has come out there. There was one
visit before the deadline where they hadn't been done yet where I
implored him, please plant these trees. And he did plant them, he and
his father.
We went out to do a final inspection. I think N orberto was as
surprised as I was to find the trees kind of leaning over and knocked
over with bobcat marks. And I know that he was about to cry when he
saw that. So obviously they weren't in compliance at that time.
Then I went back in November and they were all dead. That's
why we're having this problem.
I have tried to help them, and I would recommend that they be
March 26, 2009...
16 r 1 ~ 4
Page 95
March 26, 2009
~
given some time to, I don't know, replant these in the 16 11 A 4-
CHAIRMAN LEFEBVRE: The only way you can help them is
to ask for a rain dance.
MS. O'F ARRELL: Yeah, I would say the way we can help them
is to let them replant the trees in June or July. They've also upgraded
the trees they intended to plant from sable palms to royal palms.
So I think my recommendation is that they have tried very hard
to come into compliance, and due to inclement weather, bad weather
or dry weather, they just haven't been able to keep them alive.
MR. L'ESPERANCE: May I inquire if it would be financially
feasible to have a well installed?
MS. O'FARRELL: Not for Mr. Hernandez, no. He's just recently
had a house burn down.
MR. L'ESPERANCE: Okay, thank you.
MR. LARSEN: Mr. Chairman, I'd like to ask Ms. O'Farrell, if
the trees did not die, would they have been in compliance?
MS. O'FARRELL: Yes.
MR. LARSEN: So it's just because 75 percent of their new--
THE COURT REPORTER: Mr. Larsen, could I get you on the
microphone, please?
MR. LARSEN: Because 75 percent of their new plantings died
that they're out of compliance.
MS. O'FARRELL: Yes.
MR. LARSEN: Okay, thank you.
MS. O'FARRELL: There's three trees remaining out of the full
order.
They did submit a mitigation plan, which showed them where to
plant, and -- but unfortunately all but three of the trees, the palms, are
dead.
MR. KAUFMAN: Did you say that you planted these originally
in August, around August?
MR. NORBERTO HERNANDEZ: Yeah, around that time. A
Page 96
racT t~oA ·
little bit after the time that they were given us to plant them. But we 4
did, we did install them. We tried to water them the best we could, but
it was no rain at all. She check in a couple times and she knew about
it. I also knew about it, but they were dying again.
MR. KAUFMAN: So the rainy season ended early last year?
MS. O'FARRELL: Yeah, I would say so. It's been pretty dry.
You're asking me for dates, I don't know.
MR. NORBERTO HERNANDEZ: It was really, really dry last
year. I was watching the property.
MS. O'FARRELL: I know we had the drought last year.
CHAIRMAN LEFEBVRE: Mr. Kelly?
MR. KELLY: If it pleases the board, I have a recommendation.
Perhaps we should extend the time of the original order 455 days. That
would give them to the end of this rainy season to try to revive any of
the plants that were planted originally and to plant whatever's
necessary in the middle of the rainy season where they'll have a better
chance of survivability.
MR. LARSEN: I've got a question for our attorney.
Ms. Rawson?
MS. RAWSON: Yes.
MR. LARSEN: Can't we make that extension of time retroactive
to the date of the order so that basically the fines would then be a
nullity?
MR. KELLY: That was my intention.
CHAIRMAN LEFEBVRE: Right.
MS. RAWSON : Yes, I think you can. I mean, we're here today
to impose the fines which haven't yet been imposed. So if you give
them an extension of time, it would go back to the date on the order.
CHAIRMAN LEFEBVRE: Just like we did with Chernoff --
MS. RAWSON: Right.
CHAIRMAN LEFEBVRE: -- basically.
MR. LARSEN: If that's a motion, Mr. Kelly, then I'm going to
Page 97
second your motion.
MR. DEAN: Just for clarification, what would that bring it to?
Like end of July or August somewhere?
MR. KELLY: I believe it's September 21st or thereabout.
MR. DEAN: Okay.
CHAIRMAN LEFEBVRE: So we have a motion, we have a
second.
Any further discussion or anyone else need clarification?
MR. DEAN: No, I'm fine.
MS. O'FARRELL: I just have one question. Have you closed the
floor? Because I need to know when exactly you're starting this
compliance date from.
MR. KELLY: Yeah, I --
CHAIRMAN LEFEBVRE: From the original.
MS. O'FARRELL: The original order date?
MR. KELLY: There's two of them on there.
MS. O'FARRELL: So instead of giving them 120 days, or
whatever it is, we're going to give them 450 days? Is that what you
mean?
MR. KELLY: Well, only because these original orders were
back in 2008. So if you took both number one and number two and
just extended them 455 days, it would be the entire year plus a couple
extra months to get through rainy season.
MS. O'FARRELL: Okay. If you're going to ask me dates, I want
to make sure I have them right.
MR. LARSEN: Well, does that work for the county?
MS. O'FARRELL: Yes.
MR. LARSEN: I mean, does that give them enough time to plant
trees and have a better chance of survivability of those trees?
MS. O'FARRELL: I believe he's ready to plant trees in June or
July, long before the --
MR. NORBERTO HERNANDEZ: We have no problem trying
March 26, 20.09 .,.
16 I 'I A 4
Page 98
March 26, 2009
"
to take care of the matter. We're just ready and -- 16 I tl A 4
MS. O'FARRELL: They're just waiting for the rain.
MR. NORBERTO HERNANDEZ: -- looking for rain to take
care of it and finally we don't have to be here again.
CHAIRMAN LEFEBVRE: The question, since we're still on
discussion, is now by changing this, is that going to change the
two-year period that they must maintain the percentage?
MS. O'FARRELL: No, that will not -- from the date that it's in
compliance, that's when the two years will start.
CHAIRMAN LEFEBVRE: But you understand that then?
MR. NORBERTO HERNANDEZ: Right.
CHAIRMAN LEFEBVRE: From when you come in -- so they
were never in compliance, is that what we're --
MS. O'FARRELL: Well, I suppose they were in compliance, but
everything died, so that was what put them out with the two-year --
CHAIRMAN LEFEBVRE: So my question would be is if they
were in compliance, the two years survivability would be from the
previous time they're in compliance or from this time that they're in
compliance?
MS. O'FARRELL: I would say from this time.
CHAIRMAN LEFEBVRE: They would have to agree to that,
correct?
MR. NORBERTO HERNANDEZ: Yeah, I agree.
CHAIRMAN LEFEBVRE: Okay. So from two years from this
time that you plant and you come into compliance, you need to
maintain the trees --
MR. NORBERTO HERNANDEZ: Okay.
CHAIRMAN LEFEBVRE: -- 80 percent. Okay?
MS. O'FARRELL: Do you understand the 80 percent, Norberto?
MR. NORBERTO HERNANDEZ: Yes, I do.
CHAIRMAN LEFEBVRE: Do I need to amend that? Do we
need to amend the motion, Jean?
Page 99
March 26, 2009
MR. KELLY: No, I think it follows the original. 16 J l' , A 4
MS. RAWSON: I think the 455 days covers it all.
CHAIRMAN LEFEBVRE: Okay, very good.
MR. L'ESPERANCE: Also the intent of the original order, I
believe.
CHAIRMAN LEFEBVRE: Okay, very good.
MS. WALDRON: Just for clarification as well, too, that the
order item number one and number three were also out of compliance,
so there are fines for that. So this will be coming back to you at some
point if you're not imposing fines today.
CHAIRMAN LEFEBVRE: We are not, as far as I--
MR. KELLY: My motion was --
MS. WALDRON: For the mitigation plan aspect of it.
MR. KELLY: Right. My motion was to extend the time frames
on all of them. Each one of them an additional 455 days.
MS. WALDRON: For the mitigation plan as well?
MR. KELLY: Including--
MS. WALDRON: Because they've already done that.
MR. KELLY: Right. So it doesn't really matter.
CHAIRMAN LEFEBVRE: Well, it does matter, because they're
not --
MS. WALDRON: It does matter, because you need to clarify
that in your --
CHAIRMAN LEFEBVRE: They did not submit a mitigation
plan --
MS. WALDRON: On time.
CHAIRMAN LEFEBVRE: -- on time.
MR. KELLY: But if I extend all of the points on this order 455
days, they would now be in compliance.
MS. WALDRON: That's why I'm saying you have to clarify that
on the record for each one.
MR. KELLY: Okay, I'm sorry, I amend the motion then to
Page 100
Marcp 26, 2009 . -
10 -
include all of the points on the original order for 455 days. 11 A ~
MR. LARSEN: Right. And it's not -- it's an amendment of the
order to specify that they have 455 days to complete what has been
previously specified in regard to the mitigation plan and the
specifications.
MR. KELLY: Correct.
Any second?
MR. LARSEN: I 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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. NORBERTO HERNANDEZ: Thank you guys for working
through this again to try to take care of this.
CHAIRMAN LEFEBVRE: You've been doing a good job
communicating, but make sure that once you get them planted that
you have Susan come out, look at them and make sure you're in
compliance.
MR. NORBERTO HERNANDEZ: Thank you very much.
CHAIRMAN LEFEBVRE: Thank you, have a good day.
MS. O'FARRELL: Thank you.
CHAIRMAN LEFEBVRE: Mr. Lavinski, do you need to leave
or -- we only have I think a few more minutes. Are you okay?
Page 101
1bhf~2f I
MR. LA VINSKI: Yeah, I've got about 15 minutes. It.
CHAIRMAN LEFEBVRE: Okay, I think we might be able to
wrap it up, hopefully.
BCC versus James Hargraves.
(Speakers were duly sworn.)
MS. WALDRON: And there are some changes to the executive
summary on this one, so I will read this off.
This is in reference to CEB Case No. 2007110616, violation of
Collier County Ordinance 04-41, the Land Development Code, as
amended, Sections 1 0.02.06(B)(1 )(A), and 1 0.02.06(B)(1)( ei), the
Code of Laws and Ordinances, Section 22, Article 2, 104.1.3.5, and
the Florida Building Code, 2004 addition, Section 105.1, and 111.1.
Violation location: 728 1 OOth Avenue, Naples, Florida. Folio
No. 62780320006.
Description of violation: Structures attached to existing dwelling
without obtaining required surveys, building permits, inspections or
certificate of completion.
On October 31st, 2008 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 4415, Page 0362
for more information.
The respondent has complied with the Code Enforcement Board
orders as of March 11th, 2009.
The county's recommendation is to find an order imposing lien
for fines at the rate of $200 per day for the period between March 1 st,
2009 to March 11th, 2009, 11 days, for the total of $2,200.
Operational costs of 86.45 have been paid.
The total recommended lien amount is $2,200.
CHAIRMAN LEFEBVRE: Very good.
You're all set?
You're in front of us. We're here to impose fines.
Page 102
MR. HARGRAVES: Yes, sir. James Hargraves.
CHAIRMAN LEFEBVRE: Yes. Are you looking for reduction,
what --
MR. HARGRAVES: To get them dropped -- Ron is -- it's a long
story. We kept talking to everybody and finally, which Chuck's better
at telling you, I sent him for permits. Well, of course we found out he
couldn't pick them up for us. So by the time we got the permits and
talked to Carol and Wanda--
MR. JOBES: Carol Stachura and Wanda.
MR. HARGRAVES: -- for permits, destruction and everything.
She said, you know, we can't really give you a permit because it
wasn't permitted. This all happened like 20 years ago.
And so she said, get a contractor. So we -- then she didn't give us
the permit.
We went, checked with the contractor, found that it was going to
be thousands of dollars to save, which they were saying -- you know,
we wasn't sure whether it meant take off the whole room to start with
or back to a certain point.
Well, I guess we could. have taken it back to a certain point, but
to do that we had to have a building permit -- the architects and all that
when we talked to a guy, it was going to be a, for a little room,
astronomical prices. I guess the new codes, we couldn't put a structure
on the existing.
So Ron -- we ended up, in other words, taking everything off.
And it's all down.
CHAIRMAN LEFEBVRE: So the delay was due to the fact that
you were trying to save what you had there --
MR. HARGRAVES: Yes, sir.
CHAIRMAN LEFEBVRE: -- and you realized that it was cost
prohibitive, so you decided to demo.
MR. HARGRAVES: Right. Complete demo.
CHAIRMAN LEFEBVRE: And they pulled the demo permit
March 26, 2009
16tl A4
Page 103
and everything.
THE COURT REPORTER: Yes?
MR. HARGRAVES: Yes.
CHAIRMAN LEFEBVRE: Yeah, the microphone doesn't pick
up a shaking -- a nodding of the head.
All right, any other questions of the board?
(No response.)
CHAIRMAN LEFEBVRE: And so you're looking for reduction
or abatement of the fines; is that correct?
MR. HARGRAVES: Yes, sir.
CHAIRMAN LEFEBVRE: Do I hear a motion from the board to
reduce or abate the fines?
MR. KELLY: I have a question about the fines.
If they came into compliance on March 11 th, would March 11 th
be counted as a day for a fine?
MS. WALDRON: Standard procedure, we have always included
that day in the fines.
MR. KELLY : Well, I make a motion we abate the fines.
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. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
March 26, 2009-
16 11 iA 4
Page 104
MR. HARGRAVES: Thank you.
MR. JOBES: Thank you very much.
CHAIRMAN LEFEBVRE: You're welcome.
We have no old business.
Under new business, we have the approval and update of rules
and regulations.
MS. WALDRON: I have provided a copy of -- a strike-through
copy of the rules with the changes for your review, and then I just
need to get a copy of -- a new copy with all your signatures approving
the new rules and regulations.
MR. KELLY: I like them.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion to approve the
new rules?
MR. DEAN: I guess they're all there what I changed, so --
CHAIRMAN LEFEBVRE: Yeah, we made changes last month.
MR. DEAN: Well, I know, but we just got it today.
MS. WALDRON: There were very few changes.
MR. DEAN: I know, I read it. They're fine.
MR. KAUFMAN: Jen, you have to change it from--
MR. LARSEN: Is that a motion?
MR. DEAN: I'll make a motion to accept.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. LA VINSKI: Second.
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: Any discussion?
(No response.)
CHAIRMAN LEFEBVRE: All those in favor?
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN LEFEBVRE: Aye.
March 26, 2009
.....
161 LA4
Page 105
March 26, 2009
MR. LARSEN: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MR. KELLY: So do we sign our own?
CHAIRMAN LEFEBVRE: No, I got it right here. I'll start off to
the left and then move it down to the right.
Do we have any -- oh, we forward the cases, okay.
Any reports?
MS. FLAGG: Yes, excuse me. During the--
CHAIRMAN LEFEBVRE: Do you have a cold, too?
MS. FLAGG: I do.
Diane Flagg, for the record.
As a result of the workshop that we had last month, you all
asked me to just provide some information in regard to the Blight
Prevention Program. Those specifically are the five-committee task
force teams that are operating throughout the county in the five
different areas of the county.
The fact that our community members can report code violations
by logging on to the colliergov.net web site under code enforcement
department, and they can also call the main code enforcement number
at 252-2440. That code enforcement continues to work with the banks
to abate the properties that have code violations, even when they're in
lis pendens, as long as the properties are vacant.
And right now we're working with the banks with over 300
properties that have code violations. The banks have already abated
over 100 of those properties.
There's also been a second foreclosure team identified of two
code enforcement investigators: Investigator John Santafemia and
16 f 1 A 4
Page 106
March 26" 20A9~
I . T A h .. dI . M. IB6 It I 4
nvestIgator ony saro ave JOIne nvestIgator ano ono anu
Investigator Michaelle Crowley in working with the banks.
We have also met with NABOR, Naples Area Board of Realtors,
to address our initiative, what we call stop the bleed, meaning
properties that are being sold with code violations to new buyers who
are unaware that there are code violations. And they will be working
with their board to develop some recommendation on how to address
that.
And the revised weed and litter ordinance to assist with the fire
hazards in the Estates zoned area. As you know, the Estates zoned
areas were exempt from any height of weeds, whereas the rest of the
areas have an 18 inches or less. The ordinance was revised and is now
in effect that 30 feet from the residential structure folks have to bring
the weeds down to 18 inches or less, which will help the fire situation
out in the Golden Gate Estates area and will also allow us to work
with the banks to get those foreclosed -- or homes that are in
foreclosure, to get those weeds away from the house.
And finally, we have placed -- there have been through the
community task force teams a report of break-ins due to people just
looking for food. So the code enforcement department developed a
link on the website that provides a list of all the food banks for
community members. It's under community resources. If they go to
the code enforcement website, they can click on that link. It lists all
the food banks in our community which provides free food. It also
lists a share food program Florida; it's called, I believe, SHARE
Florida, where you can buy food at a reduced cost. There's no income
requirements for that one. There are some income requirements for the
food banks.
And also on that link are resources, transportation resources,
shelter resources, financial assistance resources. So that is now all on
the code enforcement website also.
CHAIRMAN LEFEBVRE: Are you all set? All right.
Page 107
MR. L'ESPERANCE: Good job, thank you.
MS. FLAGG: You're welcome.
CHAIRMAN LEFEBVRE: The next meeting is April 23rd,
2009. But before we leave, today will be our attorney's last day -- or
last meeting, I should say. I don't remember how long she --
MS. RAWSON: I hope it's not my last day.
CHAIRMAN LEFEBVRE: Last day here, at least. Unless we
see you in front of us on the other end.
But I've been here for just about seven years, and I think you
were here before me.
MS. RAWSON: 1998.
CHAIRMAN LEFEBVRE: 1998. So quite a time before me.
And then you also served as a member, if I'm not mistaken.
MS. RAWSON: With Lionel.
CHAIRMAN LEFEBVRE: And were you also the chair at one
point?
MS. RAWSON : Yes, I was.
CHAIRMAN LEFEBVRE: Okay. She's--
MR. DEAN: You've been everything.
CHAIRMAN LEFEBVRE: -- been around the circle, around the
block a few times. But I'd just like to thank her for her time.
MS. RAWSON: Thank you very much.
(Applause.)
MS. RAWSON: Thank you. It's been a pleasure to work with
you. You guys are great, terrific board. I love working with the code
enforcement officials. I think Ms. Flagg and Ms. Waldron have done a
fantastic job since they came aboard. I love all the inspectors. This is
the best court reporter in all of Collier County.
And I'm not leaving. I'm not going anywhere. I'm going to
practice law on Fifth Avenue the rest of my life, according to my staff.
So I just didn't want to not be here every single meeting. And I'm
going to try to take some time off maybe every three weeks this
ft;T f;2Dr 4
Page 108
1 ~artfl.2009
summer, so I didn't want to leave you in the lurch, if you will. A 4
But I'll be around, if you need me. And Jennifer knows that. And
if you are lucky enough to get Heidi Ashton to help you, I'll help her.
MS. FLAGG: Ms. Rawson, can you join us right here in the
center for a minute?
MS. RAWSON: Oh, my.
MR. DEAN: So we can stop in at your office for coffee at any
time, right?
MS. RAWSON: Yes. Actually, we don't make coffee, because
they don't drink it. So they have to bring me Starbucks.
MS. FLAGG: We'd like to present you with this plaque for your
service, and we really appreciate what you've done.
MS. RAWSON: Oh thanks.
MR. DEAN: Very nice.
MR. L'ESPERANCE: Thank you, Jen.
MS. FLAGG: And board members, if I may introduce Heidi
Ashton. Heidi will be sitting in that seat over there and will be the
counsel for the Code Enforcement Board commencing next month.
Heidi, did you want to say anything?
MS. ASHTON: Good afternoon, board members. Since it's
lunchtime, I guess I can say afternoon. I've worked for the county for
a long time, but the Code Enforcement Board is one of the boards I
have not worked with yet, so I look forward to working with you next
month.
CHAIRMAN LEFEBVRE: Thank you very much.
MR. KAUFMAN: Thank you.
MR. DEAN: Thank you.
CHAIRMAN LEFEBVRE: And I think that is about the--
MR. DEAN: Motion to adjourn.
CHAIRMAN LEFEBVRE: Do I need to say -- do I hear a
second?
MR. KELLY: Second.
Page 109
M~ch 26, 2009 p
10 11 \.
CHAIRMAN LEFEBVRE: No discussion, I'm sure. ~ 4
MR. DEAN: No, there's no discussion allowed on a motion to
adjourn.
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. LA VINSKI: Aye.
CHAIRMAN LEFEBVRE: Thank you very much.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:17 p.m.
-
These minutes approved by the board on
presented or as corrected
as
Page 110
RECE\VED
APR 2 3 2009
161
Fiala
Halas
Collier County Government Henning
Productivity Committee Coyle
Meeting Agenda Coletta
County Manager's Conference Room
January 21, 2009
2:00 P.M.
\
~
./
Board of count'J CO~
I. Introduction
A. Call to Order-Larry Baytos, Chainnan
B. Approval of the Dec.17, 2008 Productivity Committee Meeting minutes
II. Old Business
f A. Briefing regarding BCC appointments to the Productivity Committee-Mike
~i ShMm.d
B. Briefing regarding the discussion by the Board of County Commissioners
concerning impact fees-Amy Patterson
Ill. New Business
A. Corridor Management Value Planning Program-Nick Casalanguida
B. Discussion. regarding the Board of County Commissioner's directive to the
Productivi.t Committee, to review the methodology used in the development of
the chargls (invoices received from the Clerk) from a business perspective
and to evaluate the reasonableness and competitiveness of these proposed
charges.
C. Discussion Regarding the Productivity Committee's budget recommendations
for FY 2010
IV. CommentaJAnnouncements
A. As per Board direction on 1/13/09, future Productivity Committee meetings
will be televised. Therefore, future regular meetings will be held in the CDeS
Conference Room (609/610) on N Horseshoe Drive.
V.
Misc. Corres:
VI.
_c,pies Lu.
"
16 , ~ A 5('
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - January 21, 2009, 2 p.rn.
Members Present: Larry Baytos, John Barlow,Brad Boaz, Gina Downs, Doug
Fee, Jim Gibson, Michele Harrison, Steve Harrison, Joe Swaja and
Janet Vasey.
Mernbers Absent: Syd Blum was excused.
BCC Liaison: Commissioner Coyle was in attendance.
Staff Present: Amy Patterson, Impact Fee Manager; Nick Casalanguida,
Director Transportation Planning; Crystal Kinzel, Clerk of Courts; John Yonkosky,
Director of OMB; Len Price, Administrator for Administrative Services; Michael
Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of
Management and Budget.
Others Present: Steve Tindale, Tindal-Oliver.
Call to Order: Larry Baytos called the meeting to order at 2:04. Larry recapped
his presentation to the BCC on January 13th. He had three things he wanted to
say regarding his presentation:
. The proposal by the county staff was different than what he expected.
. He felt that some Commissioner's were sharp with him because financial
impact was not presented. He told the group that he had e-mailed twice
trying to get information and received nothing in return.
. Commissioner Halas made comments questioning the motivation of the
recommendations of the committee.
Approval of the 12/17/08 Productivity Cornrnittee Meeting Minutes. Joe
Swaja motioned to approve the minutes, Janet Vasey seconded and the group
unanimously approved.
OLD BUSINESS:
Productivity Cornrnittee Mernber Appointrnent Briefing: Mike Sheffield told
the group about the decisions of the Commissioners regarding the reappointment
of previous committee members and who the BCC selected as the new
members. The new members appointed by the BCC are: James Hoppensteadt
161115',' \
and Larry N. Magel. Gina Downs was re-appointed. The Board directed Sue
Filson to re-advertise for the two remaining vacancies.
Irnpact Fee Discussion: Amy Patterson said that the direction from the BCC
was to study indexing and the six impact fees that were supposed to be indexed
now. We have to wait until the first meeting in February to get further direction.
Commissioner Coyle told the group that there had been no final decision
involving impact fees as of yet. He said the whole issue of impact fees is still
under consideration, with the objective to make impact fees fair.
Steve Harrison motioned for Steve Tindale and Amy Patterson to come up with
several alternative methods that are more sensitive to abrupt changes in
economic conditions, whether upward or downward. The motion was seconded
by Michele Harrison and unanimously approved by the group.
NEW BUSINESS:
Corridor Managernent Value Planning Prograrn: Nick Casalanguida told the
group that the main importance of corridor management is to give government
the ability to connect people, protect mobility and manage needed construction in
advance. The project involves a two phase project scope - phase one is the data
collection process and phase two is the analysis of the data. Nick will bring the
ordinance to the BCC after the public meeting in March. This program has the
capability to save a few million dollars a year. All of the information will be put
on-line in order for the realtors to be aware of the stipulations and the realtor
must sign-off on it.
Discussion regarding the Board of County Cornrnissioner's directive to the
Productivity Comrnittee to review the rnethodology used in the
developrnent of the charges (invoices received frorn the clerk) frorn a
business perspective and to evaluate the reasonableness and
cornpetitiveness of these proposed charges: John Yonkosky gave an
overview of the Clerk's participation in the budget process, his fees for
performing tasks for the BCC and asked the committee to determine what is a
reasonable fee to be charged for those services. He told the group that the
Clerk's pre-audit function is three-fold: 1-ls it legal? 2-Does it meet a public
requirement? 3-ls it budgeted? Mike Sheffield provided copies of the invoices in
question to committee members and several questions were asked.
Len Price provided quotes from outside vendors to provide some of the functions
that the Clerk currently provides. The group will review the proposals.
Joe Swaja motioned to form a subcommittee to perform this task. Doug Fee
seconded and the group unanimously approved. Steve Harrison will chair the
16'1!':~5
i
J
subcommittee. Brad Boaz, Jim Gibson and Doug Fee volunteered to work with
Steve.
Budget Recornmendations for FY 10: Larry motioned to form a subcommittee
to undertake the budget recommendations for FY 10. Joe seconded and the
group unanimously agreed. Members of the committee will be Janet Vasey, Joe
Swaja, Gina Downs, Doug Fee and Jim Gibson. The subcommittee will meet
with the County Manager as soon as possible.
Productivity Committee Meetings Televised: At the last Board of County
Commissioners meeting, the Board decided that the meetings of the Productivity
Committee should be held on Horseshoe Dr. and televised. Steve motioned to
ask the Commissioners to reconsider having the meetings televised, Jim Gibson
seconded and the group voted 6 for (Janet, Larry, Joe, John, Steve, Jim) and 3
against (Brad, Gina, and Doug). Some of the concerns expressed by the majority
were that a televised public hearing format will do damage to the committee's
ability to function and will inhibit comments of members. Commissioner Coyle will
put on the agenda for board re-consideration; however he indicated that televised
meetings would enlighten the public on how hard the Productivity Committee
tries to save the County money.
Adjournrnent: John Barlow motioned to adjourn the meeting, Larry Baytos
seconded and the group unanimously approved. The meeting was adjourned at
5:10 p.m.
Next Meeting: The next regular meeting of the Productivity Committee Meeting
will be held at 2:00 p.m. on Wednesday, February 18, 2009. This meeting will be
held in the CDES Building Conference Room (609/610) on N Horseshoe Drive.
JV~
Approved/ y Productivity Chair, Larry BayLu:s-
-::jteve.. d Urn~Gr\
16 I 1~ 5
MEMORANDUM
DATE: April 22, 2009
TO: Sam Tucker
FROM: Barbetta Hutchinson, Executive Secretary, OMB
SUBJECT: Productivity Committee Meeting Minutes and Agendas
Enclosed for your information and files are the Productivity Committee's Regular Meeting
agendas and minutes of January 21, February 18 and March 18,2009. Also included are the
agendas and signed minutes of the Subcommittee to Review and Evaluate Invoices Received
From the Clerk meetings held on January 30, February 18 and March 18, 2009; the minutes from
the Budget Guidance Subcommittee meeting held on February 11,2009 and the minutes of the
Administration Subcommittee Meeting held on April 1 , 2009.
Please do not hesitate to contact me at 252-8973, or Mike Sheffield at 252-8569, should you have
any questions.
cc: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Crystal Kinzel, Finance Director
John Y onkosky, Office of Management and Budget Director
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
/
r r:,C:E\VED
t,PR 2 3 2009
~O'fI~€?unty Co~
Collier County Government
Productivity Committee
Meeting Agenda
County Manager's Conference Room
February 18,20092:00 P.M.
Members of the public wishing to speak on any Agenda item will receive up to three (3) minutes
unless the Chairman allows more time. Please wait to be recognized by the Chairperson, and state
your name and affiliation before commenting. During discussion, Committee Members may direct
questions to the speaker.
Please silence cell phones and digital devices.
All members participating in the Productivity Committee meeting are to follow established meeting
procedures. Please wait to be recognized by the Chairperson before speaking. Please speak one at a
time.
I. Introduction
A. Call to Order-Steve Harrison, Vice Chairman
B. Approval of the Meeting Agenda
C. Approval of the Jan.21, 2009 Productivity Committee Meeting minutes
D. Acceptance of the minutes from the Subcommittee to Review and Evaluate Invoices
Received From the Clerk meeting held on Jan. 30, 2009
II. Old Business
A. Nominations/Selection of the Chair and Vice Chair for 2009
B. Recommendations (to the BCC) for Appointment of two new members to the Productivity
Committee
C. Impact Fee Indexing Options-Amy Patterson
D. Update from the Clerk's Invoice Review Subcommittee-Steve Harrison
E. Report from the FY 2010 Budget Guidance Subcommittee-Janet Vasey
III. New Business
A.
IV. Committee Member Comments
V. Public Comment
VI. Adiourn-The next meeting will be held on March 18, 2009 at 2:00pm
{vll~c. Corres:
Date:_
item #
~"pies to
\, i
16'I'~5
('
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - February 18, 2009, 2 p.rn.
Mernbers Present: Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Steve
Harrison, James Hoppensteadt, Larry Magel, Joe Swaja and Janet Vasey.
Mernbers Absent: Michele Harrison was excused.
BCC Liaison: Commissioner Coyle was in attendance.
Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact
Fee Coordinator; Nick Casalanguida, Director Transportation Planning; Crystal
Kinzel, Clerk of Courts; Mark Isackson, Senior Budget Analyst OMB; Michael
Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of
Management and Budget.
Others Present: Steve Tindale, Tindal-Oliver.
INTRODUCTION:
Call to Order: Steve Harrison called the meeting to order at 2:00.
Approval of the Meeting Agenda: Joe Swaja motioned to approve the agenda,
Gina Downs seconded and the group unanimously agreed.
Approval of the January 21, 2009 Productivity Comrnittee Meeting Minutes:
Gina Downs motioned to approve the minutes, Joe Swaja seconded and the
group unanimously approved.
Accept the Minutes frorn the Subcornmittee to review and Evaluate Invoices
Received frorn the Clerk meeting on January 30, 2009: The acceptance of
these minutes were tabled to the next meeting as there had been another
subcommittee meeting earlier in the day and changes were made.
Accept the Minutes frorn the Subcornrnittee to review the FY 10 Budget
Policy on February 11, 2009: Gina Downs motioned to accept, Jim Gibson
seconded and the group unanimously approved.
16 ft 1 -ft 5 "
OLD BUSINESS:
Productivity Cornrnittee Chair and Vice-Chair Norninations: Joe Swaja
nominated Steve Harrison as Chair, Gina Downs seconded and the group
unanimously approved. Joe Swaja nominated Jim Gibson as Vice-Chair, Gina
Downs seconded and the group unanimously approved.
Recornmendations to the BCC for Appointrnent of two new rnernbers of the
Productivity Cornrnittee: The applicants in attendance (Phillip Brougham and
Kim Frosell) were asked to address the group. A discussion was made regarding
advertising for a specific skill set for members. ~Joe Swaja will put together a
list of skill sets that he feels should be possessed by different members of the
group.
The group filled out their individual ballots (two votes per person) and the votes
were tallied on the board in front of the room. The result of the vote is as follows:
Phillip Brougham received 6 votes; Kim Frosell received 6 votes; Shannon
Holland received 3 votes and Frank Zhou received 3 votes. Joe Swaja motioned
to recommend Philip Brougham and Kim Frosell for appointment to the
Productivity Committee, Gina Downs seconded and the group unanimously
approved. ~Mike Sheffield will prepare the letter for Sue Filson.
Irnpact Fee Indexing Options Discussion: Steve Tindale gave a presentation
on the methodology of indexing. He explained how two to three year averaging
was a better way for Collier County to collect impact fees. Amy Patterson said
that the direction from the BCC was to study indexing and the six impact fees
that were supposed to be indexed now. The group was asked for their
consensus. Joe Swaja motioned to recommend to the Board of County
Commissioners that impact fees are averaged for 2 or 3 years. Jim Gibson
seconded the motion and the group unanimously approved the recommendation.
Amy will present the item to the BCC.
Update from the Clerk's Invoice Review Subcornmittee: Steve Harrison
summarized the findings of the subcommittee. They found that the up to $7.00
charge is provided by statute. Payroll, investment management and MIS do not
have to be done by the Clerk. The subcommittee will recommend that inter-local
agreements be made for statutory items. Still open for discussion are items such
as the $30,000 charge for minutes taken at the BCC meetings, payroll and MIS.
The group feels that some independent assistance is needed to help them figure
out what is statutory and what is not.
Report frorn the FY 10 Budget Guidance Subcornrnittee: Janet Vasey
reviewed the FY 10 County Manager's Budget Guidance with the group. She
told the group that this year there will be two budget submittals: one for millage
neutral (same millage rate) and a second for tax neutral (raised rate to equal last
16 , 1~ 5 IJ
year's tax dollars). She discussed the consequences and effects of both
budgets. She stated that revenue centric budgets and allocation of general fund
dollars were very good ideas. She then reviewed the recommendations of the
subcommittee. She also passed out some of her own personal comments
including tax consequences for different property owner scenarios. Gina Downs
suggested that she insert her comments before the last paragraph of the letter of
the subcommittee and send it to the BCC. Doug Fee motioned to amend and
send the letter, Joe Swaja seconded and the group unanimously approved.
~Janet Vasey will combine the original letter along with her additions and send
them to Barbetta to put on Productivity Committee letterhead.
Commissioner Coyle told the group that the Board can use any information they
provide to establish the identity of areas where service levels could be reduced.
He then asked the group to identify and prioritize those services in order of
importance. Janet Vasey suggested that localized MSTU's be formed where
higher levels of service are requested than what is financially possible. Janet
asked Commissioner Coyle to support the Productivity Committee by suggesting
that this item be added to their work plan for FY 10. ~Mike Sheffield was asked
to find the report from the Efficiency and Effectiveness Subcommittee and send
to all the members for their review. Some members feel it may be time to re-
address combining functions of constitutional officers in view of the upcoming
budget reductions.
NEW BUSINESS:
Mernber Presentations, Letters and Voting Procedures: Gina Downs asked
that all information to be discussed at the regularly scheduled meetings be
passed out ahead of time in order for sufficient review. She also asked that all
reports or letters that are sent out from the Productivity Committee as a whole be
available for review before they are sent. Additionally, she asked that the
minutes of the meetings should indicate names of those who voted against the
majority. Joe Swaja made a motion to that effect, James Hoppensteadt seconded
and the group unanimously approved.
Work Plan Suggestions: Larry Magel asked the group for guidance regarding a
question he had involving some purchasing functions. Commissioner Coyle said
that the problem should be taken to the BCC by his subcommittee or a
suggestion could be made to put it on the work plan of the regular Productivity
Committee. He also asked all of the members to prepare a list of suggestions for
their work plan for the upcoming year and to bring it to the next meeting in March.
Adjournment: Joe Swaja motioned to adjourn the meeting, James
Hoppensteadt seconded and the group unanimously approved. The meeting
was adjourned at 5:10 p.m.
...,.,.,...".......-..
161'1 14 5
Next Meeting: The next regular meeting of the Productivity Committee Meeting
will be held at 2:00 p.m. on Wednesday, March 18, 2009. This meeting will be
held in the County Manager's Conference Room in Building F, second floor at
3301 Tamiami Trail East.
uctivity Chair, Steve Harrison
Collier County Government
Productivity Committee
Meeting Agenda
- d fen.... Commissioners County Manager's Conference Room
Hoar 0 au., March 18, 20092:00 P.M.
NOTICE:
Members of the public wishing to speak on any Agenda item will receive up to three (3) minutes
unless the Chairman allows more time. Please wait to be recognized by the Chairperson, and state
your name and affiliation before commenting. During discussion, Committee Members may direct
questions to the speaker.
RECEIVED
APR 2 3 2009
.1.0 I ~l A'
~~i:s. ~r~,~
Henmng
g~r~~a 1/ :kl~
..;
Please silence cell phones and digital devices.
All members participating in the Productivity Committee meeting are to follow established meeting
procedures. Please wait to be recognized by the Chairperson before speaking. Please speak one at a
time.
I. Introduction
A. Call to Order-Steve Harrison, Chairman
B. Approval of the Meeting Agenda
C. Approval of the Feb.18, 2009 Productivity Committee Meeting minutes
D. Acceptance of the minutes from the Subcommittee to Review and Evaluate Invoices
Received From the Clerk meeting held on Jan. 30, 2009 (tabled at last months meeting)
E. Acceptance of the minutes from the Subcommittee to Review and Evaluate Invoices
Received From the Clerk meeting held on Feb. 18,2009
II. Unfinished Business
A. Update on the County's "Lean Government" initiatives based on the Kaizen
Process-Kirn Grant
B. Review of Productivity Committee Recommendations from the Efficiency
and Effectiveness Study from 2006-Steve Harrison
c. Update from the Clerk's Invoice Review Subcommittee-Steve Harrison
D. Discussion Regarding the 2009 Work Plan
E. Discussion Regarding Areas of Expertise for Applicants
III. New Business
A.
IV. Committee Member Comments
V. Public Comment
Mise Carres.
VI. Adiourn-The next meeting will be held on April 15, 2009 at 2:00pm
Date:
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Iterli 11
"~~..__.,.....,_._._---
.:Cl)ies to:
16(f'15
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - March 18, 2009, 2 p.rn.
Mernbers Present: Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Michele
Harrison, Steve Harrison, James Hoppensteadt, Larry Magel, Joe Swaja and
Janet Vasey.
Mernbers Absent: None
BCC Liaison: Commissioner Coyle was in attendance.
Staff Present: Amy Patterson, Impact Fee Manager; Kim Grant, Senior
Management and Operations Consultant; Nick Casalanguida, Director
Transportation Planning; Crystal Kinzel, Clerk of Courts; Greg Smith and Carol
Golightly, Sheriff's Office; Mark Isackson, Senior Budget Analyst OMB; Michael
Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of
Management and Budget.
Others Present: Phillip Brougham; Diana Watson, East Naples Fire District
INTRODUCTION:
Call to Order: Steve Harrison called the meeting to order at 2:04.
Approval of the Meeting Agenda: James Hoppensteadt motioned to approve
the agenda, Janet Vasey seconded and the group unanimously agreed.
Approval of the February 18, 2009 Productivity Comrnittee Meeting
Minutes: Some changes were stated and Doug Fee motioned to approve the
minutes with the changes. Gina Downs seconded and the group unanimously
approved.
Accept the Minutes from the Subcornrnittee to Review and Evaluate
Invoices Received frorn the Clerk rneeting held on January 30, 2009: Janet
motioned to accept the minutes. Gina seconded and the group unanimously
accepted.
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Accept the Minutes frorn the Subcommittee to review and evaluate Invoices
Received frorn the Clerk rneeting held on February 18, 2009: Janet motioned
to accept, Gina seconded and the group unanimously accepted the minutes.
UNFINISHED BUSINESS:
Lean Governrnent: Kim Grant reviewed the methodology of Lean Government
and Kaizen for the group simply stating that this is a way of improving processing
that has been around for a very long time and was used by Henry Ford. A
Kaizen is a one week event where a group gets together and reviews every step
of a process with the outcome being an improved process.
Kim's CBPE group has seven potential pilot projects that were designated with
the assistance of Len Price to be started in April involving purchasing, risk
management and human resources. Kim recently participated in an event in
Cape Coral resulting in cutting the process steps in half and an 85% step
reduction to walk paper around and feels that the same success could be
accomplished in Collier County. Joe Swaja volunteered to help the group since
he has been through many such events in the past.
Review of the Productivity Cornrnittee Recornrnendations frorn the
Efficiency and Effectiveness Study from 2006: Steve reviewed the
PowerPoint presentation from the 2006 study. Len Price stated that most of the
recommendations from the committee in her division have already been
completed or are in process. SAP improvements have been implemented with
future plans for more and improved methods of doing business.
.... Gina will speak to a contact that has just recently been through the Marion
County Charter process and report back to the group at the next meeting.
Update frorn the Clerk's Invoice Review Subcornrnittee: Steve went through
the findings and recommendations of the subcommittee one by one and
discussed each with the group. Mike updated the report as the group made
changes. Before recommendations are sent to the BCC, Crystal Kinzel will take
the report to Dwight Brock to get his response and send to Mike. Jim Gibson
motioned for Steve to incorporate his comments and finalize the letter if he feels
comfortable that there are no major issues. Joe seconded and the group voted.
The result was (9 - 1) with Doug Fee opposing.
Discussion regarding the 2009 Work Plan:
· Budget review for FY1 0 was discussed as being part of the work plan.
... Joe, Janet, Steve and Brad will put together a list of efficiencies to look
at during the budget review. Joe suggested that the group should include the
recommendation that all constitutionals should do an overhead value analysis
16rl'~5
as part of their budget process. The group formed the following
subcommittees to meet/work with Administrators/staff. These meetings must
be publicly noticed (open to the public) and held in a handicapped accessible
location. Mike Sheffield advised the Productivity Committee that all meetings
must be planned through him.
Transportation
Gina Downs
Jim Hoppensteadt
Janet Vasey
Public Utilities
Gina Downs
Jim Hoppensteadt
Janet Vasey
Public Services
Brad Boaz
Doug Fee
Janet Vasey
Adrninistration Services
Michele Harrison
Larry Magel
Janet Vasey
CDES/EMS/Exec Offices Sheriff's Office
Steve Harrison Joe Swaja
Janet Vasey Larry Magel
Janet Vasey
Capital Contracts review contracts not yet started with the Purchasing Dept.
Only one member; not a public meeting.
Jim Gibson
· Charter Government: There was discussion regarding Charter Government.
Commissioner Coyle told the group that state legislature could be devastating
for local government in the future. Joe motioned for Janet to write a letter to
the Commissioners exploring the possibility of Charter Government. Gina
seconded and the group unanimously approved. ......Janet will send the
letter to Mike by the end of the week. Because of the delicate nature of this
undertaking, the constitutionals must be brought into the discussion at the
beginning to make sure that all checks and balances are addressed and
sufficiently satisfied before moving forward. One of the many challenges will
be to clearly communicate that the purpose of this investigation is not to have
one entity running everything. The BCC needs to provide specific guiding
principles to the Charter Commission. We can still have elected officials, but
maybe create a shared service organization for human resources and IT.
· Study of Impact Fees for Parks and Correctional facilities: Amy will send the
studies to the Productivity Committee members as soon as possible. In order
to make this discussion more efficient, members will e-mail any questions
regarding the studies to Mike, who will forward to the appropriate person for
answers and will forward answers back to the group.
· AUIR - After discussion, Janet, Gina and Doug will review and attend the
AUIR meetings.
Discussion regarding Areas of Expertise for Applicants: Joe Swaja passed
out a form with a listing of areas of expertise. Each member filled out the form as
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1
to their own specific areas and returned the forms to Joe. Discussion on whether
the group needs an alternate member will be put on the agenda for May.
Adjournrnent: Joe motioned to adjourn the meeting, Gina seconded and the
group unanimously approved. The meeting was adjourned at 4:50 p.m.
Next Meeting: The next regular meeting of the Productivity Committee Meeting
will be held at 2:00 p.m. on Wednesday, April 15, 2009. This meeting will be held
in the County Manager's Conference Room in Building F, second floor at 3301
Tamiami Trail East.
.L~
Approved by Productivity Chair, Steve Harrison
. ~:~~ng ~~ ·
Coyle i/(/ /~
RECE\Virtaductivity Committee SUb-commi&~irtvreetl'J9 (
APR 23 2009 Review Invoices from the Clerk I b I 1 ,A 5
commissioners January 30, 2009 at 2:00 p.m.
Board of County
Sub-cornmittee Members Present: Steve Harrison, Jim Gibson, Doug Fee,
Brad Boaz
Other Productivity Members Present: John Barlow, Gina Downs
Staff Present: Jackie Hubbard, Section Chief - Litigation, County Attorney's
Office; Len Price, Administrator Administrative Services; Kim Grant, Senior
Operations and Management Consultant; John Yonkosky, Director Office of
Management and Budget; Mike Sheffield, County Manager's Office; Barbetta
Hutchinson, Office of Management and Budget.
Others in Attendance: Crystal Kinzel, Director of Finance - Clerk of Courts.
Call to Order: The meeting was called to order by Steve Harrison at 2:05 p.m.
Steve reviewed a preliminary work plan that included a review of the statutory
scope, internal controls, systems, options for reducing cost, evaluating the clerk's
costs and recommendations to the BCC.
Jackie Hubbard reviewed statuettes and expressed the opinion of the County
Attorney's Office. There was group discussion regarding the Clerk's roles and
responsibilities. There was also discussion regarding "fee officer" versus "budget
officer".
A report prepared through SAP was reviewed for Fund 011 including investment
income, transfer fees and pre-audit testing. There are three questions that must
be answered to determine what duties the Clerk performs:
· Is it statutory?
· Is it requested and authorized by the BCG?
. Is it efficient?
~ Crystal Kinzel was asked by the group to bring the last 2 months worth of
invoices and cost center reports to the next meeting including as much detail as
possible. Additionally, she will bring the invoice detail reports that line-up with
the Finance functions performed by the Clerk. She was also asked to break-
down MIS cost. ~ Doug Fee will set-up a meeting with Crystal to view the
Accounts Payable and Payroll system first-hand.
Misc. Corres:
Date:
item #
16rrt "5
The group asked Mike to invite Barry Axelrod to the next meeting on February
18th at 11 :00.
~ Len Price was asked to compare the Clerk's fees for Accounts Payable and
Payroll to those of the outside sources provided.
~ By the next meeting Crystal and John will go line by line through the report to
determine how much is statutory and what is not statutory for the October and
November invoices.
~John will look at the document charge/detail of the Board Meeting minutes.
Adjourn: Jim Gibson motioned to adjourn. Brad Boaz seconded. The group
voted unanimously to adjourn the meeting at 4: 1 O.
Steve
1617 AS'.
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i
Productivity Committee's
Subcommittee to Review the Methodology used in the
Development of the Charges (Invoices Received from the Clerk)
from a Business Perspective and to Evaluate the
Reasonableness and competitiveness of these Proposed
cha rges
January 30, 2009
2:00pm
County Manager's Conference Room
1. Call to Order-Steve Harrison
2. Discuss/Review/Evaluate Task
3. Next steps in the process
4. Comments/ Further Discussion
s. Public Comment
6. Adjourn
Fiala
Halas
Henning
Coyle
Collier County GovernmentCOletta
Board of Count} ComlTllS.:iioo.)rs Productivity Committee's
Subcommittee to Review and Evaluate Invoices Received From the Clerk
February 18, 2009-County Manager's Conference Room
RECEIVED
APR 2 3 2009
'5
v
P;/~d-
Members Present: Steve Harrison, Brad Boaz, Doug Fee, Jim Gibson
Others Present: Crystal Kinzel, Connie Murray, Barry Axelrod, John Y onkosky, Len
Price, Dwight Brock, Mike Sheffield
Steve Harrison called the meeting to order at 11 :02am.
The subcommittee reviewed the draft minutes from the January 30, 2009 meeting.
Revisions were noted and therefore approval of the minutes was tabled to the next
meeting. Mike will ask Barbetta to generate a re-draft for the subcommittee's review.
Steve reviewed a page that he had drafted regarding where the subcommittee had ended
up at the last meeting. A listing of five questions were listed on the page:
1. Does the latest Court ruling change ownership of the interest income?
2. In not, do invoices duplicate expenses netted against interest?
3. Are statutory services invoiced at cost?
4. Can the BCC take responsibility for non-statutory services?
5. Is an Interlocal services agreement need?
Crystal responded to the first question, "No", it's been income to the clerk since 2002 and
the court case confirmed that. The Clerks excess fees will be remitted to the BCC at the
end of the year.
Mr. Brock stated, that every prior year there has been in fact a transfer. . . to the Clerk. . . a
transfer of funds... the Clerk prepares his own budget, it was simply a transfer of funds
which was the estimate of the fees, that we would then charge during the course of the
year... the Board chose not to do that last year, and as a consequence then we bill the fees
individually.
Mr. Brock further stated that the Clerk doesn't establish the fees. Fees have been
established by the Florida legislature, not the clerk of courts.
Steve asked, by what mechanism if any has the BCC requested services beyond those
required by statute? Payroll was discussed, and Mr. Brock indicated that there can be
absolutely no check cut in this county without the clerk doing the pre-audit and signing
that check... by law. The Clerk has no responsibility for Constitutional Officers except
for the Supervisor of Elections by agreement.
Steve asked about the $7 fee that the Clerk indicated is being charged by statute, whether
it generates income for the Clerk over and above the cost? B,r,~st ;l!1,ared with the
Subcommittee information from the company that he works for, asJJ~.)Comp~tison. Brad
Date
'tem #
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1611\lA5
stated he visited the Clerk's operations and there are a lot more steps included in the
process than just the issuance of the check.
Len Price stated that a lot of the process is done before-hand on the BCC side, up until
the point the Clerks Office begins their process.
Mr. Brock stated that the funding mechanism that was established by the Florida
legislature was to create this fee schedule to operate and fund the Clerk's office, and it's
done on a state wide basis.
Steve asked whether all of the transactions receiving the $7 charge are in the statute, or
are there things being charged for beyond the statute. Are there transactions being billed
for that aren't subject to the fee?
Brad pointed out that the Clerk did a budget and requested transfers up until two years
ago. Mr. Brock stated that was the process that they were working under up until the
point in time the BCC decided they wanted to change.
Crystal stated that the Clerk's Office has continued to file a budget book in compliance
with the Board's request, on May 1, with detailed expenditures and showing the
requested transfer amount.. . and last year the Board did not do the transfer.
Doug asked the Clerk how he had arrived at the opinion that the county is not exempt
from the fees. Mr. Brock responded that he would like to hear how one concludes that
the county is exempt.
Brad stated that the Clerk needs money to operate. Not providing funds would leave the
Clerk with no money to operate and would shut down the County. Employees must get
paid.
Len Price indicated that all departments are looking to make cuts and figuring out ways
to save money; however, this is an area the County has no control over. Is every
document being produced necessary? Are there things that the Clerk's Office does that
the Board side can do?
Mr. Brock stated that money his office does not spend comes back into the general fund
of the County for general expenditures at the end ofthe year.
Steve asked about cost savings of direct deposit of payroll, by requiring all employees to
be paid by direct deposit. Brad pointed out that direct deposit still would not eliminate
the $7 fee charged for the processing.
Brad stated that there are more efficiencies to be found by consolidating services, as
indicated in the Productivity Committee's efficiency study a few years ago.
2
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Steve asked about the high expense of verbatim minutes. Mr. Brock indicated that
verbatim minutes are a decision of the Board not the Clerk. The Clerk prepares verbatim
minutes only at the request of the Board. Len stated that perhaps that is an area that the
Board should re-consider, in consideration of the fact that meetings are recorded and can
be viewed on-line.
Steve asked about the Clerk's MIS. Crystal stated that the amount billed to the County is
the percent of the non-court portion. The court software is different and separate.
Doug referenced the memorandum that Crystal had distributed to the Subcommittee, and
the Subcommittee reviewed the memorandum (attached).
Steve asked whether certain services are not required by statute and why shouldn't the
people on the BCC side have the right to find a less expensive way to get those services
done? Brad indicated that the Clerk would still have a roll to play in those services. The
Clerk is still the accountant to the Board. Brad stated that the two groups should
cooperate to find more efficiency. John Yonkosky stated that MIS functions of the Clerk
could fall under the Board, as long as the Clerk has access. Doug stated that centralized
control is important. Decentralizing may lead to inefficiencies. Barry Axelrod stated that
from an efficiency point of view, MIS and IT already operate as one team.
Brad asked how much had been spent on the lawsuits. The group concurred that millions
of dollars have been spent. Brad stated that both sides should agree to resolve this and
have a written agreement.
Len stated that the time has come for all to sit down and look into outsourcing options of
payroll; there could be efficiencies to gain on both sides and the taxpayers could save
money. Crystal indicated that outsourcing would take away from the pre-audit function of
the Clerk.
In preparation for today's subcommittee meeting, John Yonkosky had reviewed line-by-
line the transactions for Oct and Nov and he defined which are statutory and which are
non-statutory. He distributed his review (attached). John suggested that it may be
beneficial for an independent third party to take a look.
Steve indicated that both sides would be better off if we get a refined definition of what is
statutory and what is not... what is pre-audit and what is not. Subject to those definitions,
the BCC has options, including Interlocal agreements for all services, verbatim minutes
versus other media, portions of MIS to have on the BCC side, and seeking advisement in
investments. Brad stated that they should avoid making legal conclusions, but from a
practical standpoint it is not in the best interest of the taxpayers to have this litigated.
Doug Fee read to the group the task assigned to the Productivity Committee, by the BCC,
by reading from the executive summary. Doug stated that he believed that they are close
to fulfilling their task.
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Steve listed four areas for the Subcommittee consider at the next meeting for a final
report to the BCC:
. Verbatim Minutes (how much would be saved by eliminating verbatim?)
. MIS Costs
. Investment Administration
. Payroll
. Accounts Payable Processing
Brad stated that any proposed recommended changes should also consider the complete
benefits of moving the functions or keeping the functions where they are, not just costs.
Len stated that the Board side has had no understanding of the reasonableness of the
invoices. If we can come to an Interlocal agreement, there would be a lot of unknowns
eliminated.
Crystal stated that the Clerk does have oversight. He is elected county wide and
accountable to taxpayers. The Clerk is audited by the County's external auditor (E&Y),
and by the state and local auditors, and the public has access to reports and the annual
budget.
The next subcommittee meeting was scheduled for March 18, 2009 at 10:00am, to be
held in the County Manager's Conference room. At that time the Subcommittee will
finalize a report! recommendations to be made to the full Productivity Committee.
The meeting adjourned at 1 :09pm.
stevel:t: x/~
Subcommittee Chairman
Date: 3 - f6-cf7
4
1611"ft5
Productivity Committee's
Subcommittee to Review the Methodology used in the
Development of the Charges (Invoices Received from the Clerk)
from a Business Perspective and to Evaluate the
Reasonableness and competitiveness of these Proposed
charges
February 18, 2009
11:00am
County Manager's Conference Room
1. Call to Order-Steve Harrison
2. Continue to Discuss/Review/Evaluate Task
3. Next steps in the process
4. Comments/Further Discussion
5. Public Comment
6. Adjourn
RECE\VED
APR 2 3 2009
~i:l:s ~~
Henning ~
Coyle v ~ if -
Coletta fIr ~ .
AS
~.JI'S
i.J,(1<lfG of CountJ Co
Collier County Government
Productivity Committee's
Subcommittee to Review and Evaluate Invoices Received From the Clerk
March 18, 2009-County Manager's Conference Room
Members Present: Steve Harrison, Brad Boaz, Doug Fee, Jim Gibson
Others Present: Larry Magel, Crystal Kinzel, Len Price, Mike Sheffield
Steve Harrison called the meeting to order at 10:00 am.
The subcommittee reviewed the minutes from the January 30, 2009 meeting. There was
one change recommended. Doug motioned to approve the minutes with the change being
made, Brad Boaz seconded and the group unanimously approved.
The subcommittee reviewed the revised minutes from the February 18, 2009 meeting.
Jim Gibson motioned to approve the minutes, Doug Fee seconded and the group
unanimously approved.
Steve recapped the document prepared for the BCC contammg findings and
recommendations from the subcommittee's study. The group reviewed the report that
lists some background information, the way the services are recorded and some
recommendations to the Board. These recommendations included the use of inter-local
agreements; cost reduction through the elimination of verbatim minutes; requesting
proposals for accounts payable and payroll applications; having investment management
services under the control of the BCC; monthly payments for services rendered and
monthly interest remittances; and changes in the revenue accounting procedure.
Discussion was made on all of these points while Mike Sheffield made the changes to the
document. The group also decided that the BCC should ask for specific levels of detail
that they would like to receive from the Clerk. Mike will finalize the new document and
get it to the BCC as soon as possible.
The meeting was adjourned at 12:16 following a motion by Jim Gibson, a second by
Doug Fee and a unanimous vote.
~~
Steve Harrison, Chairman
4-15-01
Mise Cones:
Oate:_
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Date
t (; r-'~ :(f
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qECE1VED
t5>R 23 2009
Collier County Government
'.. .."1V Commissioners Productivity Committee's
FY 2010 Budget Guidance Subcommittee
Meeting Minutes
February 11, 2009-County Manager's Conference Room
Fiala ~'111 5
Halas R
Henning .
Coyle v
Coletta ~t2/~..i/..
( /
Members Present: Janet Vasey, Joe Swaja, Gina Downs, Doug Fee, Jim Gibson
Others Present: County Manager Jim Mudd, Budget Director John Y onkosky, Leo
Ochs, Mark Isakson, Crystal Kinzel (Clerk's Finance Director), Jean Myers (CCSO),
Mike Sheffield
Janet Vasey called the meeting to order at 9:02 a.m. The Subcommittee appointed Janet
Vasey as Chairperson of the subcommittee. Mike Sheffield distributed a meeting agenda
and a copy of the County Manager's FY 10 Proposed Budget Policies.
County Manager Jim Mudd reviewed his proposed budget policies (attached) with the
Subcommittee. Mr. Mudd informed the group that he will be preparing two FY 2010
proposed budget scenarios for the Board of County Commissioners to consider. The
scenarios are millage neutral, which would continue with the same millage rates from FY
2009, and tax neutral, which would keep the same property tax revenues that were
budgeted in 2009. Mr. Mudd informed the subcommittee that a majority vote of the
Board would be required with either plan. Mr. Mudd further informed the group that
taxable property values are projected to decrease by 13.9 %. If the board elects to pursue
a millage neutral budget, property tax revenue will decrease by over $34,000,000. A
millage neutral budget would require ( on average) a 15% budget reduction for all
divisions funded by the general fund. Mr. Mudd will recommend to the Board the tax
neutral budget. Janet asked if this would lead to a tax increase, and Mr. Mudd responded,
not for non-homesteaded property and businesses (70%).
Mr. Mudd further informed the subcommittee that state revenues (sales tax) are down,
and that FY 09 mid-year budget correction may be necessary.
Regarding "fee for service" income, Mr. Mudd indicated that adjustments in such fees
would have to be considered, for example, an increase in late fees for library material.
Gina asked about the County's interest revenue. Crystal stated that, given the current
economic environment, interest income is down, as it is everywhere.
Jim Mudd continued the review of his proposals, informing the group that it is his
recommendation to maintain the 80/20 cost distribution on health insurance premiums.
Jim further informed the group that a salary adjustment for FY 2010 is not recommended
(including no cost of living increases).
Misc. Corres:
rate:
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Mr. Mudd informed the group that, in spite of the recession, he believes that the demand
for high services by the community has not decreased.
Janet asked Jim Mudd what the Productivity Committee can do to assist, aside from
commenting on his proposed budget polices. Jim stated that it would be beneficial if
Janet (as she did last year) would attend every budget meeting to assist the county in
"squeezing any excess". Jim Mudd further stated that members of the Productivity
Committee would be of great assistance if they could, in any way, inform taxpayers in
Florida that they have some of the lowest taxes in the nation, and to help Collier County
taxpayers to understand that services in Collier have been extraordinary; however, lower
taxes will mean less services.
The subcommittee discussed the County Manager's FY 2010 Proposed Budget Policies
with general agreement of his proposals. The Subcommittee authorized Janet to draft
their comments to be approved by the full Productivity Committee on February 18, 2009,
and subsequently forwarded to Commissioners and the County Manager.
The meeting adjourned at 12:10
~ChJ- 6/ J/ ~
Janet asoy .
Subcommittee Chairperson
Date: 1)6/09
2
16 I [~ A 5
Productivity Committee's
FY 2010 Budget Guidance Subcommittee
February 11, 2009
9:00am
County Manager's Conference Room
1. Call to Order-Janet Vasey
2. Review Proposed Budget Policy with County
Manager Jim Mudd and Budget Director John
Yonkosky
3. Formulate Recommendations
4. Comments/Further Discussion
5. Public Comment
6. Adjourn
Fiala ~~ /
RECEIVED ~:~~ng3 -,p l ~
~PR 2'3 2009 g~~:a W M A
""d 01 C,"O" c,,,,,,,_n.'" Collier County Government Productivity Committee 15 ,!" . A 5
Minutes of Administration sub-committee meeting held April 1, 2009
Building D Collier County Office Complex, Naples, Florida
In attendance Committee members:
Michele Harrison, Larry Magel, and Janet Vasey
Collier County Administrator of the Administrative Services Division-Len Golden
Price
And public participation by Constance C. Murray of the Clerk of the Circuit Court's
Office.
Starting at 2 PM, Ms. Price presented the organization chart of the Administrative
Services Division explaining the current staffing levels, position vacancies and job
functions of the personnel under her direction. Committee members asked
questions relating to the operations of the functions and were given a broad
understanding of the budget process to be used for fiscal 2010.
There were no public comments, and the meeting adjourned at 3:50 PM.
Respectfully submitted;
6v~~&J
'C,Tes.
".",~-~--
",,- ~_..._,,-""~_._..
COLLIER COUNTY DIVISON OF PUBIC ~(;MclsA 6
Parks and Recreation Departrnent
15000 Livingston Road - Naples, Florida 34109 - Phone (239) 252-4000 - Fax (239) 514-8657
Website: colliergov.net
AGENDA
FiBla
Halas
Henning
Coyle
Coletta
RECE\VED
APR 1 7 2009
r~(jr\rd of County commiSsioners
March 2, 2009
I. Call to Order
II. Attendance - Establish a Quorurn
III. Approval of Agenda
IV. Approval of Minutes - February 2, 2009
V. Old Business
A. Recreation Highlights - Vickie Wilson
B. Band Shell
C. 2009-2010 Budget Status - Annie Alvarez
D. Nutrition Services for Seniors Program
VI. New Business
A. Monthly Budget - Annie Alvarez
VII. Mernber Comrnents
VIII. Public Cornments
IX. Adjournrnent
The next meeting will be on April 6, 2009 at 6:00 PM
Collier County Golden Gate Cornrnunity Center
4701 Golden Gate Parkway, Conference Roorn "C"
Naples, Florida
Misc. Corres:
c
(~i~
c
~t Ii d r \
Date:__.
___ t:.-. ~
Item #.
,
l.!i
COLLIER COUNTY DIVISON OF PUij'~~GIY~, .
Parks and Recreation Departrne'"
15000 Livingston Road - Naples, Florida 34109 - Phone (239) 252-4000 - Fax (239) 514-8657
Website: colliergov.net
AGENDA
Fiala
Halas
Henning
Coyle
Coletta
RECEtvED
APR 1 7 2009
Board of County Commissioners
March 30, 2009
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. New Business
A. Budget FY 2009-2010
V. Public Cornments
VI. Adjournrnent
The next rneeting will be on April 6, 2009 at 6:00 PM
Collier County Golden Gate Cornrnunity Center
4701 Golden Gate Parkway, Conference Room "C"
Naples, Florida
Misc. Carres:
c
I~~
Date:
_.~"~~." .-
l~ ,
c:
t! U 1"1 I ,
-..
_!'4
tem#
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,i,;i~S t()
Fiala -t}.F ((Tf-;;;U
Halas h I I , .
Henning -r $ /1 b ar 2 009
g~r~~ (t'/~ 161 'f A 6
MINUTES OF THE MEETING OF THE COLLIER COUNTY
GOLDEN GATE COMMUNITY CENTER
RECE\VED ADVISORY BOARD
APR 1 7 2009 Naples, Florida, February 2, 2009
SSKlners
Board of County comml
vi
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:
VI CE CHAIR:
Jim Klug
Ellen Shaw
Kaydee Tuff
Bill Arthur
ALSO PRESENT:
Barry Williams, Director
Annie Alvarez, Regional Manager/Region II
Vickie Wilson, Community Center Supervisor
Bonnie Fauls, Case Management SUPM~.i~@fes:
Collier County Services for Seniors 0 C) L
Date:. ~
item f' t teI(_\
(0
I.
Call to Order
The meeting was called to order at 6:03 PM by Chairman, Jim Klug III.
February 2,2009
16tllA 6
II.
Attendance - Establish a Quorum
A quorum was established.
III.
Approval of Agenda
Add: V.-D Introduction of Darrin Brooks - Candidate for Advisory Board
Bill Arthur moved to approve the Agenda as amended. Second by Ellen Shaw.
Motion carried unanimously 4-0.
IV. Approval of January 5,2009 Meeting Minutes
Bill Arthur moved to approve the Minutes as submitted. Second by Kaydee
Tuff. Motion carried unanimously 4-0.
V. Old Business
A. Recreation Highlights - Vickie Wilson (addressed after V.D)
B. Band Shell (addressed after V.A)
C. 2009-2010 Budget Status (addressed after V.B)
D. Introduction of Darrin Brooks
Vickie Wilson distributed a copy of his application for the Advisory Board
review. (See attached)
The Committee interviewed Darrin Brooks. He gave the committee a brief
introduction with background information and stated he would have no
problem in making 6:00 PM meetings.
Discussion ensued on the acceptance of Darrin Brooks application.
Kaydee Tuff moved to recommend Darrin Brooks for the vacant position on
the Board. (For Bee approval) Second by Ellen Shaw. Motion carried
unanimously 4-0.
Jim Klug stated Darrin Brooks' application would be submitted to the BCC
for approval and he will receive written notification directly from the BCe.
A. Recreation Highlights - Vickie Wilson reported the following updates:
" The collapsed pavers at the Wheels Staging Area have been replaced.
" Center has made preparations for fencing to be installed.
" The paved sidewalk on east side of building has been repaired.
" GGCC StatTwas awarded the "Team of the Month" for November.
" The Cool Cruisers hosted a Car Show with over 280 cars.
2
February 2, 20~9 A 6
A Senior Expo is scheduled for Fehroary I I, 2009 and has 35 venl eDIt 1
registered with music being provided by Big Band Era.
')i> The Senior Games start on February 6 - February 27, 2009
')i> Greg Torres is hosting a Basketball Event on February 12,2009.
B. Band Shell- None.
C. 2009-2010 Budget Status
Annie Alvarez stated she will not start the budget process until
after February 24,2008, when the BCC sets the Budget Policies.
Barry Williams stated it was unclear how the cuts will affect the MSTU until
the BBC sets policy
Kaydee Tuff asked if they will cut the MSTU taxes.
Barry Williams responded the MSTU could vote "not" to cut MSTU taxes
and keep them as is.
Annie Alvarez distributed a Summary of Accounts showing what costs are
included in each account. (See attached)
Jim Klug stated the Committee wants to know what would happen to the
programs without the MSTU. A staffing memo comparing OGCC with other
locations had been previously provided.
Barry Williams responded they would apply the current programs to the
staffing memo. He also suggested the Advisory Board get involved in the
budget process. Barry noted key dates for the budget process are as follows:
. Started process on March 2
. Completed by April 21
. Submit to Jim Mudd, County Manager by May 21
. Submit to BCC for their approval by June 28 and 29
Annie Alvarez stated after she receives the BCC Budget Policies on
February 24,2009 a Budget Workshop could be scheduled and advertised.
Both Staff and Advisory Board can work on the budget together.
VI. New Business
A. Monthly Budget - Annie Alvarez distributed and reviewed the 210 Report.
(See attached)
')i> Available Operating Expense - $330,087.86
')i> Available Revenue - $237,284.37
B. Election of 2009 Chairman and Co-Chairman
Jim Klug asked for Nominations for Chairman. Nominations were open for
Chairman.
Kaydee Tuff nominated Jim Klug for Chairman.
3
1 gbry 2~oA 6
There being no other nominations from the floor, nominations were closed
and Jim Klug is Chairman.
9
J
Jim Klug asked for Nominations for Vice-Chairman. Nominations were open
for Vice Chairman.
Kaydee Tuff nominated Ellen Shaw for Vice Chairman.
There being no other nominations from the floor, nominations were closed
and Ellen Shaw is Vice Chairman.
c. Housing and Human Services Presentation - Bonnie Fauls distributed a
Proposed Senior Nutrition Program in Golden Gate Area and Housing &
Human Services of Collier County - Nutrition Services for Seniors brochure.
Bonnie Fauls presented the following details regarding the program:
. Applied for Grant from the Florida Department of Elder Affairs to
expand the Senior Nutrition Program and proposed Partnership with
GGCC
. Will provide catered hot lunches Monday through Friday to seniors
. A Program Assistant would be hired to coordinate the program, do the
assessments and serve the meals
. The Program may be expanded by having activities scheduled before
and/or after the meal.
. Funds would be available to pay rent
. $8,000 would be available to purchase equipment needed and that
would also be available to others using the kitchen.
. Donations from participants would go back into the Program to help
feed more seniors.
. Anticipate participation to be approximately 50 people.
. Funds are earmarked for the program expansion and are available now.
. The Program will be regulated by Health Department
. The Health Department may request changes to be made in the kitchen
to meet the standard requirements.
. Program hours will be 9:00 am to 1 :00 pm, Monday through Friday
. A formal memorandum will be provided to cover the monthly lease to
use GGCC in the amount of $850.
Discussion ensued on the effect the Program would have on the Summer
Camp Program and the monthly Women's Club Luncheon and the
responsibilities of the staff. t was determined the Program participation
numbers go down during Summer months and the staff only had to become
familiar with the program, not work the program or serve meals.
Jim Klug asked what time period would the GGCC be committing to.
The GGCC would be committing to the time period of the Grant year which
ends in December.
4
61ary 2, 200~ 6 .
Bill Arthur moved 10 Parlnership on Ihe NUlrition progr! Seconby
Ellen Shaw. Motion carried unanimously 4-0.
Jim Klug signed a Partnership Agreement with the Housing and Human
Services Department for the Senior Nutrition Program. (See attached)
D. Mileage Reimbursement Request Form - Annie Alvarez distributed and
reviewed. (See attached)
E. Musco Light Projection - Vickie Wilson distributed and reviewed a quote
previously submitted by Musco Lighting and an email regarding the Band
Stand lighting.
Barry Williams stated his concern was that the lighting may be a problem for
the neighbors.
Kaydee Tuff stated the public had been invited to a previous meeting on
lighting and there was no attendance.
Ellen Shaw noted Wilshire has a green light system and it does not bleed onto
the neighbors' property.
Jim Klug suggested the Staff get a new quote from Musco Lighting for better
pricing. After pricing and funding questions have been resolved then we will
do another public meeting with a presentation from the lighting company.
VII. Member Comments
Kaydee Tuff noted Cheryl Newman attended the car show and was very
impressed with the new supervisor. (Vickie Wilson)
VIII. Public Comments
Darrin Brooks asked if posed the question is the GGCommunity Center is the
only one with an MSTU.
Kaydee Tuff responded with a brief history on the GGCC and how it became an
MSTU.
There being no further business for the good of the County, the meeting was moved
and seconded to adjourn. The meeting adjourned by order of the Chair at 7:40 PM.
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
BOARD
5
February 2, 2009
161 ;1
~
These Minutes were approved by the Board/Chairman on
as presented or as amended X
3 2: (;7
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16 , 1 .6
Golden Gate Community Center FY 09 Indirect Cost Details
FUND 130
Allocated Departments
Basis of Allocation
Allocation
Units
FY09
TOTAL
COST
40% (130)
COST
Annual Audit Acctg Transactions 11,373 $ 3,336 $ 1,334
Facilities Management Square Footage 27,295 $ 140,184 $ 56,074
Custodial Services Monthly Charge 3,761 $ 37,787 $ 15,115
Security Services Square Footage 27,295 $ 26,053 $ 10,421
OMB Budgeted Expenditures 1,296,286 $ 2,002 $ 801
Purchasing - POs Number of POs 215
Purchasing - RFPs Number of RFPs 1 $ 10,734 $ 4,294
Purchasing - P-Card P-Card Transactions 9
Purchasing - Mailroom Value of Postage 228
Human Resources Employees 13 $ 11,348 $ 4,539
IT - Network Network Connections 6 $ 11,014 $ 4,406
Client System Support Network Connections 6 $ 579 $ 231
IT - Security/Audit Network Connections 6 $ 1,710 $ 684
IT - GIS Network Connections 6 $ 371 $ 148
Finance Acctg Transactions 11,373 $ 26,483 $ 10,593
County Manager Employees 13 $ 5,874 $ 2,350
Commissioners Employees 13 $ 8,695 $ 3,478
Property & Casualty Department Billings 96,800 $ 2,499 $ 1,000
Group Health Department Billings 90,610 $ 318 $ 127
Workers Comp Department Billings 13,600 $ 54 $ 22
Fleet Management Department Billings 2,200 127 $ 51
Total Allocation
Amount Budgeted
$ 289,200 $ 115,700
The balance of the allocation is paid by the MSTD General Fund (111)
MSTD Fund (111)
Golden Gate Com Ctr (130)
TOTAL
$173,500
$115,700
$289,200
Facilities allocation reflects only 87.5% of allocation
Based on sq ft actually maintained by FM Dept.
16 11 '6
~
Buildim! Use Allowance
Building use is an allowable cost which is claimed to recover the cost of
buildings, improvements and facilities provide by the County to meet the office space
requirements of County departments. In accordance with Office of Management and
Budget Circular A-87, the use charge is 2% (50 year life) of the total cost of acquisition
and renovations to date. A use charge has been computed on the following buildings:
Administration Building ("F"), General Services Building ("W"), Purchasing Building
("G"). Allocation units are determined by occupied square footage.
Contact: Damon Gonzales, Facilities Management
Annual Audit
Costs associated with the preparation of Collier County's audit and financial
statements have been allocated based on the number of SAP line items per department.
Contact: Kelly Jones, Clerk's Finance Department
Facilities Maintenance
The Facilities Management Department is responsible for the maintenance and
operations of County facilities. General maintenance is provided by department
personnel who repair HV AC systems, sanitary and plumbing systems, lighting, roofIng,
flooring, and ground maintenance.
Direct maintenance charges associated with water/sewer and airport operations
have been directly assigned. Other maintenance costs have been allocated based upon
occupied square footage.
Contact: Damon Gonzales, Facilities Management
Custodial Services
This cost center was set up to distribute expenditures associated with janitorial
services. The Facilities Management Department monitors the monthly cost for this
service by tracking the location of all users including square footage.
Costs associated with custodial services have been allocated based on the
Facilities Management monthly invoices. Custodial services associated with Building
"F", Building "H", and the Development Center are allocated based on occupied square
footage.
Contact: Damon Gonzales, Facilities Management
1611A6
Grounds Maintenance
This cost center was established to distribute expenditures associated with
grounds maintenance within the Naples Complex and other satellite offices.
Facilities Management maintains a master space inventory by agency for the
entire County. Costs for grounds maintenance have been identified by Facilities and
further allocated departmentally on occupied square footage. Sprinkler contract services
have been allocated based on monthly invoices.
Contact: Damon Gonzales, Facilities Management
Mana1!ement and Bud1!et
The Office of Management and Budget is responsible for developing and
monitoring the Collier County Annual Budget. In addition, the department assists in the
on-going administration of the budget which entails studies involving budget
performance, enhancement of budget management departmentally and maintenance of
account code files and position control listings. Costs associated with these activities
have been allocated based on budgeted expenditures per department.
Contact: Laura Davisson, Office of Management and Budget
Purchasin1!
The Purchasing Department is responsible for the administration of a central
purchasing system for all items and services purchased by the County. Procurement
includes all purchasing activities, which applies to all departments under the Board of
County Commissioners, as well as some agencies. Services provided include processing
requisitions and purchase orders, preparing bid requests and administering all bidding
procedures for goods and services, and the mail center.
Costs associated with purchasing services have been allocated based on the
number of purchase orders processed. Costs associated with bids are allocated based on
the number of bids processed. Mail center costs are allocated departmentally on the
dollar amount of postage processed.
Purchase Orders- Contact: Joanne Markiewicz, Purchasing Department
Bids- Contact: Greer White, Purchasing Department
Mailroom- Contact: Joanne Markiewicz, Purchasing Department
1611,A6
Human Resources
The Human Resources Department provides a variety of services to departments
under the Board of County Commissioners and other elected officials. Activities of this
department include recruitment of new employees for new and existing positions within
the County, as well as review of all the positions for proper classification and pay. Other
responsibilities include maintaining an on-going training program within the County,
maintaining all personnel records, counseling employees as to rights and responsibilities
and policy enforcement.
Costs associated with Human Resources have been allocated departmentally
based on the number of employees.
Contact: Laura Davisson, OMB
Real Propertv ManaJ!ement
Real Property Management provides professional and expeditious real estate
services to the various County departments, divisions, and Constitutional Officers. It
supports base level programs that include right-of-way, land acquisitions, surplus land
sales, leasing, cemetery lot sales, management and appraisal/cost estimating and
operation of the Immoka1ee Cemetery.
Costs associated with lease management services have been allocated on the
number of leases per department.
Contact: Michael Dowling, Real Property Management
Internal Audit
Internal Audit is an independent appraisal function established within the
organization which, by means of reports and consultation, provides analysis, appraisals,
information and recommendations as a service to management to assist in the effective
discharge of its responsibilities.
Costs associated with Internal Audit have been allocated departmentally on the
number of manpower hours audited per agency.
Contact: Internal Audit Office
Finance
The Finance department is under the auspices of the Clerk of the Court; however,
the responsibilities of this department are directed towards the Board of County
Commissioners and its operations.
Costs associated with general accounting are allocated departmentally on the
number of SAP line items in the previous fiscal year.
Contact: Kelly Jones, Clerk's Finance Department
1611
A 6\
Co un tv Attornev
The County Attorney is responsible for providing legal advice to the Board of
Commissioners and to all County departments. Responsibilities include preparing
ordinances; representing the government in Local, State, and Federal Courts; reviewing
contracts; and advising and consulting on administrative matters.
Costs which have been identified with providing advice to County departments
have been allocated based on the percentage of staff time devoted to user departments.
Contact: Debbie Allen, County Attorney's Office
Countv ManaJler
The County Manager is the Chief Administrative Officer of the County. The
Manager's office develops strategies and plans for delivering County services. During
the year, the Manager maintains budget and management control over the departments
under the Board and coordinates with elected officials and other agencies in an effort to
deliver services as efficiently and effectively as possible.
Costs associated with this office have been allocated departmentally on the
number of full time employees.
Contact: Laura Davisson, OMB
Countv Commissioners
The Board of County Commissioners is composed of elected officials whose
overall purview is to maintain fiscal integrity combined with providing necessary County
services. In this capacity, the Board meets on a regular basis to set County policy
through the adoption of ordinances and resolutions and to make necessary decisions on
Countywide matters.
Costs are allocated departmentally on the number of full time employees.
Contact: Laura Davisson, OMB
Risk ManaJlement
The following three allocations cover the incoming indirect overhead costs
identified with these internal service funds.
Property and Casualty
This department protects the County's fmancial, human resource, and property
assets through the use of prudent risk financing programs. It also serves to implement
measures to protect public safety through use of loss control programs. Allocations are
based on departmental billings.
Group Health
This department provides group benefits programs to participating constitutional
officers and county departments, and provides services to employees and their families
relative to claims and/or benefits. Allocations are based on departmental billings.
1611
A6
Workers' Compensation
This department protects the County's human resource assets through the use of
prudent risk financing, claims management, and loss control programs. Allocations are
based on departmental billings.
Contact: Laura Davisson, OMB
Fleet Management
This department provides efficient and effective centralized management of all
fleet related functions including maintenance and repair, fuel, motor pool, and related
services. In addition, the department provides safe and reliable vehicles or equipment
with a minimum of downtime and cost to the user department.
Allocations cover the incoming indirect overhead costs identified with this
internal service fund and are based on departmental billings.
Contact: Lynn Evans, Fteet Management
Grant Acquisition
The Grant Acquisition Department manages, directs, plans and coordinates a
centralized grant acquisition program for Collier County. This includes assessing the
County's project and program needs and building a database; developing professional
relationships with grantors; coordinating with County departments to develop strategic
grant funding plans for projects or programs; writing and packaging grant
proposals/applications; monitoring the status of outstanding grant applications and
following up with grant agencies, including political intervention when needed;
negotiating the terms and conditions of grant awards and coordinating the acceptance and
approval process.
Costs associated with Grant Acquisition have been allocated departmentally on
the percentage of support time.
Contact: Marlene Foard, Grants Acquisition
-'~,_.~.._-
.~
16 PI :A6\
.
wilson .,:
-
From:
Sent:
To:
Subject:
Lewis.Gilbert@Musco.com
Thursday, January 08, 2009 9:06 AM
wilson v
Budget Estimate I Project -- Golden Gate Center Field #128563
Golden Gate Center Field 128563 1-7-09.pdf
Attachments:
td~.
<,.,
.-
',~
Golden Gate Center
Field 12856...
Golden Gate Center Field (128563)
Naples, FL USA
Subject -- Budget Estimate
Sent To: Amanda M Hudnut arnanda.hudnut@musco.cOffi, Vickie Wilson
VickieWilson@Colliergov.net
Vickie,
Per our conversation yesterday, attached is the budget estimate for the turnkey materials
and installation for the Golden Gate Community Center Field.
Remember that we are providing the Musco Light Structure Green Technology that includes
50% energy savings over standard technology, 25 years of Guaranteed Light levels and a 25
year parts & labor warranty. Also, Green provides a 50 - 70% offsite spill and glare
reduction over standard technology lighting. This is important, considering the proximity
of the homes adjacent to the field.
Please give me a call to discuss any questions.
Respect fully,
Lewis Gilbert
Musco Sports Lighting
Field Sales Representative
Office 954-727-8444
Fax 954-727-8445
Cell 954-629-9235
1
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- ^""_.~---~~--,_..------- ._.._.._------~---_..._-------
16 1 I' A 6'
.
Golden Gate Center Field
Naples, FL
January 7, 2009
To: Vickie Wilson
Equipment Description
Light-Structure Green™ System delivered to your site in Five Easy Pieces™
. Pre-cast concrete bases
. Galvanized steel poles
. UL Listed remote electrical component enclosure
. Pole length wire harness
. Factory-aimed and assembled luminaires
Also Includes:
. Energy savings of more than 50% over a standard lighting system
. 50% less spill and glare light than Musco's prior industry leading technology
. Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance
costs for 25 years, including labor and materials
. Guaranteed constant light level of 30 foot-candles for 25 years. +/- 10% per IESNA RP-06-01
. Two group re-Iamps at the end of the lamps' rated life, 5000 hours
. Control Link." Control & Monitoring System for flexible control and solid management of your lighting
system
. Installation per the attached Scope of Work
Sales tax is not included as part of this budget estimate.
Budget Estimate - Turnkey
Musco's Light Structure Green™ as described above and delivered to the job site $160,000 - $170,000.
Pricing furnished is effective for 120 days unless otherwise noted and is considered confident/al.
Golden Gate Center Field 128563 1-7-09.doc
Page 1 of 3
161. i
A6
Payment Terms
Net 30 days from invoice date.
Musco will attempt to coordinate shipment so that delivery corresponds with the customer's payment schedule. It
will be the responsibility of the wholesaler to ensure that Musco is aware of this delivery timeframe. We will expect
payment within the terms described above unless there is a written statement from Musco's corporate
headquarters stating the acceptance of different terms.
· Delivery to the job site from the time of order, submittal approval, and confirmation of order details
including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom
light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole
locations after the product is sent to production could result in additional charges.
Notes
Estimate is based on:
· Shipment of entire project together to one location
· Field size per site plan
· Structural code and wind speed = 2004 FBC, 140 MPH C.
· Confirmation of pole locations prior to production
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Lewis Gilbert
Sales Representative
Musco Sports Lighting, LLC
Phone: 888/889-0770
E-mail: Lewis.Gilbert@musco.com
Fax: 954/727-8445
Light Structure Green TM Turnkey Scope of Work
Owner Responsibilities:
1. Total access to the site and pole locations for construction. Must be able to move from location
to location on standard rubber tires - no towing required.
2. Survey in pole locations and aiming points (one per pole location) for sighting in lighting cross-
arms. Final grade elevations will also need marked if necessary.
3. Removal of any trees, limbs, shrubs, etc. for total access to pole locations.
4. Removal, replacement, and repair of all fencing necessary for construction.
5. Repair and replacement of any field turf, asphalt, curbs, and concrete damage.
6. Locate and mark existing irrigation systems prior to excavation.
7. Pay for all permitting costs as required.
8. Extra costs associated with foundation excavation and construction in non-standard soils (rock,
caliche, high water table, collapsing holes, alluvial soils, etc.). Standard soils are defined as
Class 5 soils in Table 1804.2 in the 2004 edition of the Florida Building Code and can be
excavated using standard earth auguring equipment.
9. Provide primary transformer to within 150 feet of site.
10. Provide a source of water such as a fire hydrant or 2" water line for foundation excavation.
11. Provide electrical design by Electrical Engineer if required.
Golden Gate Center Field 128563 1-7-09.doc
Page 2 of 3
16.11
At,6
Musco Responsibilities:
1. Provide required poles, fixtures, foundations, and associated designs.
2. Provide structural design for poles and foundations, certified by a professional engineer licensed
in the State of Florida.
3. Provide layout of pole locations and aiming diagram.
4. Provide light test upon owner supplied electrical system.
S. Provide Project Management assistance as needed.
6. Provide review of electrical design as provided by Electrical Contractor or Electrical Engineer.
Musco Subcontractor Responsibilities:
1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery.
2. Provide storage containers for material as necessary.
3. Provide adequate trash container for cardboard waste and packing debris.
4. Provide adequate security to protect Musco delivered products from theft, vandalism or damage
during the installation.
5. Obtain required permits, owner to pay cost of pennits. Subcontractor to advise Musco of costs to
subcontractor, if any, before proceeding with permitting.
6. Provide electrical design by Electrical Engineer if required.
7. Provide materials and equipment to install or upgrade existing electrical service panels as
required or necessary. This needs to be defined in the electrical design.
8. Provide materials and equipment to install all underground conduit, wiring, pull boxes,
switchgear, etc. and terminate wiring as required per electrical design.
9. Make appropriate contact to ensure utility locates have been done prior to excavation and
trenching. Repair any such damage to existing utilities during construction.
10. Provide materials and equipment to install (4) Light Structure System foundations as specified on
Layout.
11. Provide and install ground rods (one per pole location) for lightning protection per NFP A 780
Code. Poles 70' and below require a #2 ground wire. Poles 80' and above require 2/0 ground
wire. Ground rods to be 3/4"xlO' or S/8"x8' with a 10' embedment. Ground rods must be
installed in soil, not in the concrete backfill.
12. Remove augured spoils to owner-designated location atjobsite.
13. Provide materials and equipment to assemble and install (20) Light Structure Green™ fixtures
and terminate all necessary wiring.
14. Provide equipment and materials to assemble and erect (4) Light Structure System Poles.
15. Verify aiming points have been located and are correct before sighting in lighting cross-arms.
16. Provide equipment and materials to install the new Lighting Contactor Cabinet(s) and terminate
all necessary wiring.
17. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319)
and going through the following steps:
a. Check all Zones to make sure they work in both auto and manual mode.
b. 1 hour comprehensive burn of all lights on each zone.
c. Set base line for the DAS (Data Acquisition System)
18. Keep all heavy equipment off of playing fields and surfaces when possible using due care to
minimize damages.
19. Provide startup and ainllng as required to provide complete and operating sports lighting system.
Golden Gate Center Field 128563 1-7 -09.doc
Page 3 of 3
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16 I fIr.
A6
MEMORANDUM
16Itl~6.
DATE:
December 19, 2008
TO:
Barry Williams, Parks and &~'o irector
Sue Filson, Executive Manager .
Board of County Commissio .I
FROM:
RE:
Golden Gate Community Center Advisory Committee
As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Darrin S. Brooks
2819 50th Street, S.W.
Naples, FL 34116
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 252-8097.
Thank you for your attention to this matter.
SF
Attachments
....~,..,-_....,,'----''"'-'''''_......~"~_..~;--
16j 1~A6
filson s
From:
-'nt:
Wo:
Subject:
darrinsbrooks@comcast.net
Wednesday, November 26, 2008 5:47 PM
filson s
New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Napl~ FL 34112
(239)252-8097
Application was received on: 11/26/2008 5:46:43 PM.
Name: !Damn s. Brook~ Home Phone: t239-353-19671
Home Address: p819 50th Street swj
City: lNaple~ Zip Code: ~
Phone Numbers
Fax: Business: ~39-398-71451
eMail Address:~a1Tinsbrooks((:iJcomcast.ne~
Work Place: /Heritage Healthcare & Rehabilitation Cente~
How long have you lived in Collier County: !more than 151
Have you ever been convided of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: Ioate Community Center Advisory Committee!
Category: !Not indicate~
Do you currently hold public offfice? ~
flo you currently or ever served on a Collier County Board or Committee? ~
Please list our communi activities:
ecre , Le 'slative Trustee, and State Dele ate for Gator AIle ter of ABATE of Florida, Inc.
1
lb' }. A 6
Education:
S in Athletic Trainin - Eastern illinois Dniy. BA in Ph sical Education - Washburn Dniy. AS in Ph sic
era i Asst. - Washburn Dniy.
e Healthcare & Rehabilitation Cent
.
.
2
1611'
A6
wilson v
From:
Sent:
To:
Cc:
Subject:
PrietoEvelyn
Wednesday, January 28. 2009 12:58 PM
wilson_v
Washburnllonka
Adjustments
Attachments:
Picture (Device Independent Bitmap); Picture (Device Independent Bitmap)
Hi Vickie,
In order for me to make adjustments now or in the future I will be needing more information.
1. You sent me an email saying that Debbie Landberg accounts need a $0 balance. I need backup information for
this, why $0.00 balance?
2. The other one: Chase Desch account needs a credit of $21.78, why the credit?
This way I can process all adjustment in a timely manner by having the proper documentation.
I will be waiting for your response.
Thank you for your help.
c(;11i~y ClJHHLV
~~-
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COLLIER COUNTY 'j h "'1 16
OFFICE OF THE COUNTY MANAGtIt'
3301 East Tamiami Trail. Naples. Florida 34112. (239) 252-8383. FAX: (239) 252-4010
November 19, 2008
To BCC Advisory Board Liaisons:
On November 18, 2008, the Board of County Commissioners passed Resolution #08-xxxx
authorizing the reimbursement of mileage expenses for Advisory Board members who travel in
excess of 20 miles round trip to attend regularly scheduled Advisory Board meetings.
Please distribute the enclosed Reimbursement Request Forms and Instruction Sheets to all
Advisory Board members as soon as possible.
Requests for reimbursement will be collected and processed once per year. Please collect all
requests at the last meeting in July each year and validate, by signing the form on the
appropriate line for each meeting that the board member was in attendance and for which
reimbursement is requested.
Once complete, forward all forms to Sue Filson for processing. Checks will be mailed to the
board member at the address provided on the form no later than October 31st
Thank you for your cooperation.
Sincerely,
/~ o/~1;'
James V. Mudd
County Manager
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16 11 - A 6
ADVISORY BOARD MEMBER. MILEAGE REIMBURSEMENT
On November 18, 2008 the Collier County Board of County Commissioners passed Resolution
#2008-341 authorizing the reimbursement of mileage expenses for Advisory Board members
who travel in excess of 20 miles round trip to attend regularly scheduled Advisory Board
'meefrngs.nTOrequeSf reiml5ursemenCplease-f6f1b-wtfieinstructlons'below.' ' . . ..
1. Complete the attached form clearly and legibly using one line for each regularly
scheduled meeting attended on or after the effective date above. There is no need to
complete the column for Reimbursement Rate or Amount requested.
2. Attach a copy of a map indicating the driving distance to and from each meeting. Only
one copy of the map to or from each location is required. Maps can be obtained and
printed using any computer generated map program such as Mapquest, Yahoo, or
Google Maps.
3. At the last meeting prior to July 31 of each year, submit the completed form to the
Advisory Board Liaison for processing. Checks will be mailed to the address shown on
the form no later than October 31 ".
4. Incomplete or illegible forms will be returned unprocessed
16 I rl' A 6
COLLIER COUNTY
HOUSING & HUMAN SERVICES DEPARTMENT
Social Services... Services for Seniors... RSVP... Affordable Housing Programs... Federal and State Grants
(239) 252-CARE (2273) or (239)252-HOME (4663)
330 I Tamiami Trail E., Bldg. H, Naples, FL 34112 - 3050 N. Horseshoe Drive, Suite I 10, Naples, FL 34104
Proposed Senior Nutrition Program in Golden Gate Area
BACKGROUND:
Collier County Services for Seniors currently operates a nutrition program for persons
60 and over at two locations in the county - the East Naples Community Park and the
Roberts Center in lmmokalee. It is part of the Older Americans Act and we receive
funds through the Department of Elder Affairs, the Area Agency on Aging of
Southwest Florida and the local Board of County Commissioners. We would like to
open a site in Golden Gate where we believe many seniors live who could use both the
nutrition and the socialization provided by participation in the meals program. Collier
County Services for Seniors has a 3D-year history as a provider of in home services for
senior residents.
PROGRAM DETAILS:
A hot, catered lunch would be served each Monday through Friday to any interested
senior at no cost to them. The participants would be assessed once a year and enrolled
in the statewide program. There are no income eligibility requirements. A Program
Assistant would be hired to coordinate the program, do the assessments and serve the
meals. The program could be further expanded by having activities scheduled before
and/ or after the meal. Funds would be available to pay rent. There would also be
money to purchase a steam table to hold the meals, a refrigerator and/ or freezer and
any other equipment that might be needed that would also be available for use by
others using the kitchen. We anticipate participation to be about 50 people a day.
PROGRAM START:
Funds have been earmarked for this program expansion and are available now to begin
operation. We would be open to a trial period and would be pleased if you would
consider this partnership to serve the senior citizens in your community.
CONT ACT:
Bonnie Fauls,Case Management Supervisor
Collier County Services for Seniors
Phone: 239-252-2696
E-mail: bonniefauls@colliergov.net
1611 A 6
TO:
Marcy Krumbine, Director
Housing c;md Human Services Department
FROM:
Golden Gate Community Center Advisory Committee
RE:
Partnership for Senior Nutrition Program
~
DATE:
February 2, 2009
The Golden Gate Advisory Committee, in its regular meeting on February 2,
2009, voted to support the partnership with Collier County Housing and Human
Services Department to conduct a Senior Nutrition Program at the Golden Gate
Community Center.
The program would provide a hot, catered lunch to persons age 60 and over
under the rules of the Older Americans Act, and under the direct supervision of
Services for Seniors, through Area Agency on Aging for SW Florida and the
Florida Department of Elder Affairs.
A formal Memorandurn of Understanding would be executed between Parks and
Recreation and Housing and Human Services, detailing responsibilities and
expectations of each department.
As an established, integral part of the Golden Gate Community, we support the
effort to pursue this partnership further to provide nutrition services to the senior
citizens of Collier County and especially Golden Gate.
Sig
Ch rman
Golden Gate Community Center Advisory Committee
u) . ;:TA-/Y7e oS X LL{" Sill
Print Name, Chairman
d -.,,;l ,() I
Date
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I
MINUTES OF THE MEETING OF THE COLLIER COUNTY
RECEIV6DLDEN GATE COMMUNITY CENTER
APR 1 7 2009 ADVISORY BOARD
Board of County Commissioners
Naples, Florida, March 2, 2009
LET IT BE REMEMBERED, that the Collier County Golden Gate
Community Center Advisory Board, in and for the County of Collier,
having conducted business herein, met on this date at 6:00 PM in a
REGULAR SESSION in Conference Room "C" of the Golden Gate
Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the
following members present:
CHAIRMAN:
VICE CHAIR:
Jim Klug (Excused)
Ellen Shaw
Kaydee Tuff
Bill Arthur
Darrin Brooks
Misc. Corres:
Oate..___ _
Item #__._------
ALSO PRESENT:
Annie Alvarez, Regional Manager/Region II
Vickie Wilson, Community Center Supervisor
1
March 2,2009
1611
A6
I. Call to Order
The meeting was called to order at 6:03 PM by Vice-Chairman, Ellen Shaw.
II. Attendance - Establish a Quorum
A quorum was established.
III. Approval of Agenda
Bill Arthur moved to approve the Agenda as submitted. Second by Kaydee Tuff.
Motion carried unanimously 4-0
IV. Approval of February 2, 2009 Meeting Minutes
Page 4 last sentence should read, "Grant year which ends in September" (Instead
of December)
Kaydee Tuff moved to approve the Minutes for the February 2, 2009 Meeting as
amended. Second by Bill Arthur. Motion carried unanimously 4-0.
v. Old Business
A. Recreation Highlights - Vickie Wilson reported the following:
.:. "Open House" will be held on March 21 from lOam - 1 pm to promote
programs. The Instructors will do demonstrations.
.:. Nutrition Program will be commencing after the kitchen renovations are
completed the end of March or beginning of April.
.:. Senior Expo held on February 11, 2009 had over 500 participants.
.:. Frontier Days are scheduled for March 26 - 27,2009
.:. Easter Family Event will be held on April 9, 2009 from 6 pm - 8 pm.
B. Band Shell
Annie Alvarez reported Musco Lighting is working on an updated proposal
and stated Barry Williams recommended doing another neighborhood survey
and extend invitation to attend the meeting when the Band Shell Lighting will
be discussed. A decision was made to complete and mail surveys by the end
of June 2009.
Annie Alvarez stated the Band Shell Lighting has been placed in the 306
Account - Capital Projects Budget for 2009-2010.
C. 2009-2010 Budget Status
Discussion ensued on setting a date for the Budget Workshop Meeting.
Ellen Shaw moved to hold a Budget Workshop (Meeting) on March 30,
2009 at 6:00 pm. Second by Darrin Brooks. Motion carried unanimously
4-0.
Annie Alvarez distributed and reviewed the current Regional Work Chart.
.:. The Center is short staffed and needs help.
2
March 2, 2009
.:. There are 9-vacancies.
I-Program Leader
· 4-Parks & Rec Assistants
· 4-Childcare Workers.
.:. CC has a hiring freeze.
.:. Internal hiring is acceptable if the candidate meets position
requirements.
.:. 2-Childcare positions are held by a job anchor (paid out of job bank)
and one by contract.
.:. Center needs a full-time Parks & Rec Assistant.
16 I : 1" A 6
Discussion ensued on the open positions and what positions the Staff would
like filled and it was determined to move Greg Torres to Program Leader from
Parks & Rec Assistant, move someone internally into one of the Parks & Rec
Assistant positions and a Childcare worker. Childcare workers produce
revenue and can be hired through the job bank for 6-months.
Kaydee Tuff moved to change Greg Torres from a Parks & Recreation
Assistant to the position of Program Leader and to fill the vacated Parks &
Recreation Assistant position with someone of Vickie Wi/sons' choosing
within the County and internally. Second by Ellen Shaw. Motion carried
unanimously 4-0.
D. Nutrition Services for Seniors Program - Discussed in V A.
VI. New Business
A. Monthly Budget - Annie Alvarez reported the following:
.:. Will forecast the balance of the year without any budget cuts.
.:. Will prepare budgets with 3, 5, 10 and 15% budget cuts to show the
different scenarios.
.:. Staff will provide a cost analysis with program cost for the Budget
Workshop.
.:. Budget Department is looking into not charging for the Indirect Costs.
The Staff will research and report at the Budget Workshop.
VII. Member Comments
Darrin Brooks asked if the Center had a "Walk-Through Tour" once a year as a
group or by special request.
The Center had a water backup problem in the woman's facility that flooded the
Center and part of the flooring had to be tom up and replaced with carpet squares.
The Staff will give Darrin Brooks a tour of the Center when restoration is
completed.
Annie Alvarez noted the Senior Expo raised $4,500 in revenue. The vendors ran
out of food by 11 :00 am.
3
March 2, 2009
VIII. Public Comments - None.
16 I t,'- A 6
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 6:40 PM.
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
BOARD
~lk frZ-,~
Ellen Shaw ,~ie"'Chainnan
\flLe.- ~ 6 a
These Minutes were approved by the Advisory Board Chair on -",.. 0 \
as presented \/'" or as amended
4
~i:II:S V~~, /
Henning~ch 30, 2009
Coyle .. I 1~"iAi
Coletta 0fl/
MINUTES OF THE COLLIER COUNTY 16 1 ...1 t A 6
RECENE(lJOLDEN GATE COMMUNITY CENTER
APR '7 200g\DVISORY BOARD BUDGET WORKSHOP
commissioners
Board 01 COUf1~
Naples, Florida, March 30, 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
BUDGET WORKSHOP 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 III
Ellen Shaw
Kaydee Tuff
Bill Arthur
Darrin Brooks
Mise JrTeS
Date
te
ALSO PRESENT:
Barry Williams, Director
Annie Alvarez, Regional Manager/Region II
Vickie Wilson, Community Center Supervisor
March 30, 2009
I.
Call to Order
The budget workshop meeting was called to order at 6:09 PM by Chairman, Jim
Klug III.
1611
A6
II. Attendance - Establish a Quorum
A quorum was established.
III. Approval of Agenda
Jim K/ug moved to approve the Agenda as submitted. Second by Ellen Shaw.
Motion carried unanimously 3-0.
IV. New Business
A. Budget FY 2009- 2010
Barry Williams distributed and reviewed the first Draft Operating Budget 0807
for Parks and Recreation Department. He reported the following:
. Budget year begins October 1.2010.
. Expenses derived from historical data.
. Budget compares years 2008, 2009 and 2010.
. FY 2009 Annualized is 2010 Budget Forecast.
. Reflects FY 2009 Adopted percentage change is minus 18%.
Annie Alvarez stated the Reserve balance has more funds than it is reflecting.
6: /7 pm Bill Arthur and Darrin Brook arrived
Barry Williams noted Indirect Cost Reimbursement Account will no longer be a
line item in this budget.
Annie Alvarez stated the 111 Fund will no longer be required to pay into the 130
Fund. The III Fund will only be seen at the Cost Centers level. $173,500 was
put back into the budget. Some funds were held back and will be discussed later
during this meeting. The proposed draft budget did not include the I-Team
Leader position and the 2-Child Care positions.
Barry Williams stated budget instructions from BCC require reducing the III
Fund by 3%. The BCC requested Staff to provide a scenario reflecting a 25%
reduction.
He suggested the following 3-Senarios:
,. 3% tax neutral mileage rate to maintain the level of service. The
taxpayers would pay the same mileage rate next year even if property
values go lower.
., Keep mileage neutral rate FY 2009 the same as FY 2010. This option
would require a 25% reduction in the I I 1 Fund.
., Raise MSTU taxes to cover the difference and to maintain the level of
service - a rate change would change the 60/40 split.
2
March 30, 2009
1611 A6
~
.i
J
Jim Klug stated the Committee passed the following motion December 1,
2009 requesting a budget be prepared for the Committee and asked if any
action had been done.
Golden Gate Community Center Advisory Board (GGCCAB) respectively
requests the Collier County Parks and Recreation Department to:
1) Begin the 2009-2010 FY Financial Budget process for the Golden Gate
Community Center (GGCC) by establishing a preliminary 2009-2010
Financial Budgets for the GGCC without utilizing projected 2009-2010 FY
funds.from the GGCCAB MSTU This budget should keep the levels of
programs and services at the GGCC at least equal to the levels provided by
other County Community Centers to their respective communities.
2) Provide the GGCCAB with any programs or services that will be added
or deleted }rom the current GGCC levels and the costs associated with
restoring those programs or services deleted.
3) Provide the information requested above to the GGCCAB at least 90
days prior to the date the GGCCAB must vote to approve the GGCC 2009-
2010 budget process at their monthly meetings.
Barry Williams responded that request has not been completed but the Staff
is prepared. The 25% reduction required on the FY 2010 Budget will come
close to that dollar figure.
Jim Klug stated the requested budget for the Committees' purpose only.
Annie Alvarez will have the requested budget ready for the next meeting.
Staff suggested the Committee put 4 positions back into Budget.
. I-Program Leader
. I-Recreation Assistant
. 2-Child Care Workers
The Staff reviewed each line item in the draft budget with the Committee
including the following:
. Trolley rides do not need to be in the budget.
. No need for a Message Board to advertise Frontier Days.
· Committee requested the "Latin Festival" be called the "Cultural
F esti val."
· Playground Equipment Maintenance - Equipment is 18 years old
· Playground Surface is in bad shape; could replace rubberized surface
with mulch.
· Create a new generic brochure for the Community Center that did not
have to be updated annually.
· Media Policy does not allow the Centers to have their own websites.
Ellen Shaw expressed concern on the MSTU paying for marketing materials for
the Center and not having a say on the final product. She also suggested all
3
March 30, 2009
advertising should reflect the wording "Approved by the GOldl~teLj~ A 6
Advisory Board."
. Staff will provide the Committee a Marketing Break-Down.
Capital Outlay Items in Budget:
. Refinish stage floors - $12,000
. Repair and re-Iaminate front desk area - $15,000
· Replace cabinets in kitchen area with steel pass through - $15,000
· Replace cement pad at Wheels start gate - $8,000
. Scoreboards - $5,000
. Riding lawn mower - $6,000
. Pressure cleaner - $12,000
Barry Williams stated the Administrator requested the Committee do diligence
with a neighborhood "door to door" survey to receive feedback on lighting.
Annie Alvarez suggested purchasing Tower Lights to use "as needed."' She also
suggested renting them for different events to create revenue.
Barry Williams suggcsted putting $150,000 in budget for lighting. He also
recommended continuing the lighting theme.
Discussion ensued on the Committee choosing between purchasing bleachers and
lighting and which one would provide the most revenue. It was determined the
priority was Lighting.
V. 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 8:05 PM.
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
BOARD
These Minutes were approved by the Board/Chairman on
as presented or as amended
4
16 '.;1 "6
... .
Account Major Revenue FY 2010 Service Level Analysis grouped by Business Unit, Org Code
Collier Countv Government Fiscal Year 2010
FY 2009
FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 Adopted
Object Code and Account Name Actual Adopted Annualized C mrant Expanded Total % Change
0807 Parks & Recreation Department
157710-130 Golden Gate Community Center
30 Revenues
311100 Current Ad Valorem Taxes 415,086 381,700 381,700 381,000 0 381,000 -0.18
311200 Delinquent Ad Valorem Taxes 1,750 0 100 0 0 0 0.00
341446 SALES OF XEROX COPIES - TAXABLE 42 100 100 100 0 100 0.00
347230 PERMIT MEMBERSHIP SALES PARKS AND REC 6,023 12,600 12,600 12,700 0 12,700 0.79
347270 ATHLETIC PROGRAMS PARKS AND REC 378 0 0 0 0 0 0.00
347290 RECREATION CAMPS PARKS AND REC 18,769 12,500 12,500 11,800 0 11,800 -5.60
347400 SPECIAL EVENTS 21,146 17,500 15,100 20,300 0 20,300 16.00
347903 Merchandise Sales Taxable 8,381 22,400 22,400 22,400 0 22,400 0.00
347905 ADMISSION 1,658 2,000 1,000 2,000 0 2,000 0.00
347908 CONCESSION FEES 17,410 4,000 4,000 4,000 0 4,000 000
347911 FACILITY RENTALS TAXABLE 19 0 0 0 0 0 0.00
347920 COURT USER FEES 9,849 0 0 0 0 0 0.00
347940 FACILITY RENTALS CULTURE REC 23,185 14,000 14,000 21,000 0 21,000 50.00
347990 INSTRUCTIONAL SERVICES CULTURE REC 69,692 102,300 76,400 101,500 0 101,500 -0.78
361320 Interest Tax Collector 333 0 0 0 0 0 0.00
366900 Contributions Private Source 11,956 6,000 6,000 6,000 0 6,000 0.00
369300 Reimbursement For Prior Year Expenditure 10,832 0 0 0 0 0 0.00
30 Revenues 616,509 575,100 545,900 582,800 0 582,800 1.34
157710-130 Golden Gate Community Center 616,609 676,100 646,900 682,800 0 682,800 1.34
1919010-130 Reserves ~
40 Transfers & Contributions
489200 Carryforward 271,216 268,100 268,100 0 0 0 -100.00
489900 Negative 5% Estimated Revenues 0 -28,800 0 0 0 0 -100.00
40 Transfers & Contributions 271,216 239,300 268,100 0 0 0 -100.00
919010-130 Reserves 271,216 239,300 268,100 0 0 0 -100.00
1929010-130 Interfund Transfers - Bee I
40 Transfers & Contributions
481111 Transfer From Uninc Area Mstd General 111 594,300 525,200 525,200 0 0 0 -100.00
40 Transfers & Contributions 594,300 525,200 525,200 0 0 0 -100.00
929010-130 Interfund Transfers - Bcc 694,300 626,200 625,200 0 0 0 -100.00
1959010-130 Transfers - Elected Officers ~
40 Transfers & Contributions
486600 Transfer From Property Appraiser 523 0 0 0 0 0 0.00
486700 Transfer From Tax Collector 4,165 0 0 0 0 0 0.00
40 Transfers & Contributions 4,688 0 0 0 0 0 0.00
959010-130 Transfers - Elected Officers 4,688 0 0 0 0 0 0.00
1989010-130 Interest Income Bee I
30 Revenues
361170 Interest Sba 1,762 0 0 0 0 0 0.00
361180 Investment Interest 11,626 15,000 15,000 0 0 0 -100.00
30 Revenues 13,388 15,000 15,000 0 0 0 -100.00
989010-130 Interest Income Bcc 13,388 16,000 16,000 0 0 0 -100.00
0807 Parks & Recreation Department 1,600,101 1,364,600 1,364,200 582,800 0 682,800 -56.98
Report Total 1,600,101 1,364,600 1,364,200 682,800 0 682,800 -66.98
GovIIax
3/30/2009
~'__;"_"c"'''_'''''''' .... _..... ..
16 I I A6.
Account Major Expenditure FY 2010 Service level Analysis grouped by Business Unit, Org Code
Collier Countv Government Fiscal Year 2010
FY 2009
FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 Adopted
Object Code ami Account Name Aclual Adopted Annualized CUlTenl Expanded Total % Change
0807 Parks & Recreation Department
157710-130 Golden Gate Community Center
50 Personal Services
512100 Regular Salaries 297,242 332,797 261,100 252,637 0 252,637 -24.09
512600 Er 457 Deferred Comp 380 1,000 1,000 1,000 0 1,000 0.00
512700 Cell Phone Allowance 180 0 0 0 0 0 0.00
5131 DO Other Salaries And Wages 35,598 50,000 50,000 71,700 0 71,700 43.40
514100 Overtime 0 17,800 17,800 0 0 0 -100.00
518100 Termination Pay 10,152 0 0 0 0 0 0.00
518200 Voluntary Separation Incentive Program 18,600 0 0 0 0 0 0.00
5191 DO Reserve For Salary Adjustment 0 14,090 0 0 0 0 -100.00
5211 DO Social Security Matching 26,478 30,406 23,300 23,203 0 23,203 -23.69
5221 DO Retirement Regular 33,053 37,956 29,200 31,943 0 31,943 -15.84
523150 Health Insurance 87,588 92,403 92,500 73,878 0 73,878 -20.05
523160 Life I nsurance Short And Long Term 1,893 1,948 2,000 888 0 888 -54.41
5241 DO Workers Compensation Regular 11,400 20,100 20,100 18,000 0 18,000 -10.45
527200 Allowance for Cell Phone -180 0 0 0 0 0 0.00
590000 Attrition Reserve 0 -17,800 -17,800 0 0 0 -100.00
50 Personal Services 522,384 580,700 479,200 473,249 0 473,249 -18.50
60 ODeratina EXDense
634204 It Direct Client Support 9,658 0 0 0 0 0 0.00
634970 Indirect Cost Reimbursement 267,300 289,200 289,200 115,700 0 115,700 -59.99
634999 Other Contractual Services 32,635 40,000 40,000 64,800 0 64,800 62.00
639965 Locksmiths Services And Supplies 0 1,000 500 1,000 0 1,000 0.00
639966 Pest Control 0 500 500 500 0 500 0.00
640200 Mileage Reimbursement Regular 680 900 900 600 0 600 -33.33
640300 Out Of County Travel Professional Devel 1,286 2,800 2,000 3,400 0 3,400 21.43
640410 Motor Pool Rental Charge 54 300 300 100 0 100 -66.67
641700 Cellular Telephone 890 700 700 700 0 700 0.00
641900 Telephone System Support Allocation 5,976 3,750 5,800 3,400 0 3,400 -9.33
641950 Postage Freight And Ups 106 300 200 200 0 200 -33.33
641951 Postage 38 0 0 0 0 0 0.00
6421 DO Bank Fees 0 0 100 0 0 0 0.00
6431 DO Electricity 65,723 84,000 84,000 84,000 0 84,000 0.00
643300 Trash And Garbage Disposal 5,009 6,400 6,500 6,400 0 6,400 0.00
643400 Water And Sewer 10,374 10,800 10,800 11,000 0 11,000 1.85
644170 Rent Temporary Storage 570 0 0 0 0 0 0.00
644600 Rent Equipment 2,746 4,000 3,400 12,100 0 12,100 202.50
644620 Lease Equipment 1,156 0 2,400 2,400 0 2,400 100.00
645100 Insurance General 8,800 6,600 6,600 6,900 0 6,900 4.55
645200 Property Insurance 34,100 38,400 38,400 30,100 0 30,100 -21.61
646110 Building RAnd M Outside Vendors 1,747 5,000 2,500 5,000 0 5,000 0.00
646180 Building RAnd M Isf Billings 2,902 5,000 5,000 5,000 0 5,000 0.00
646311 Sprinkler System Maintenance 0 500 300 1,000 0 1,000 100.00
646315 Athletic Court And Ball Field Maint 1,563 2,000 2,000 4,500 0 4,500 125.00
646316 Maint Bleachers Picnic Tables Etc 0 2,000 2,000 4,000 0 4,000 100.00
646317 Fencing Maintenance 1,436 2,000 2,000 2,000 0 2,000 0.00
646318 Mulch 2,591 3,000 3,000 4,000 0 4,000 33.33
646319 Tree Trimming 1,260 2,000 2,000 8,000 0 8,000 300.00
646320 Landscape Materials 2,390 2,000 2,000 5,000 0 5,000 150.00
646430 Fleet Maint Isf Labor And Overhead 2,004 1,200 1,200 900 0 900 -25.00
646440 Fleet Maint Isf Parts And Sublet 893 1,300 1,300 400 0 400 -69.23
646452 Playground Equipment Maintenance 2,082 2,000 2,000 3,000 0 3,000 50.00
646510 Machine Tools RAnd M Outside Vendors 257 1,500 1,500 1,500 0 1,500 0.00
646710 Office Equipment RAnd M 159 2,350 100 0 0 0 -100.00
GovMax 3/30/2009
Q I I
Account Major Expenditure FY 2010 Service Level Analysis grouped by Busls nJorlod6! A 6
Collier Countv Government Fiscal Year 2010
FY 2009
FY 2008 FY 2009 FY 2009 FY 2010 FY 2010 FY 2010 Adopted
Object Coue am! Account Name Actual Adopteu Annualized Current Expanded Total % Change
0807 Parks & Recreation Department
157710-130 Golden Gate Community Center
60 ODeratina EXDense
646970 Other Equip Repairs And Maintenance 7,238 4,000 4,000 3,000 0 3,000 -25.00
647110 Printing And Or Binding Outside Vendors 2,896 7,200 7,200 10,000 0 10,000 38.89
648170 Marketing And Promotional 12,592 8,500 8,500 10,000 0 10,000 17.65
649010 Licenses And Permits 765 2,000 1,000 1,200 0 1,200 -40.00
649100 Legal Advertising 350 0 0 0 0 0 0.00
649930 Credit Card Discount Fee 44 0 2,500 3,000 0 3,000 100.00
649980 Reimbursement Prior Year Revenues 12 0 0 0 0 0 0.00
649990 Other Miscellaneous Services 10,214 9,300 5,000 10,000 0 10,000 7.53
651110 Office Supplies General 4,659 5,200 3,600 5,200 0 5,200 0.00
651210 Copying Charges 989 1,000 1,000 4,000 0 4,000 300.00
651910 Minor Office Equipment 500 500 500 500 0 500 0.00
651930 Minor Office Furniture 1,680 1,000 1,000 1,000 0 1,000 0.00
651950 Minor Data Processing Equipment 38 0 0 0 0 0 0.00
652110 Clothing And Uniform Purchases 2,430 2.100 600 1,200 0 1,200 -42.86
652130 Clothing And Uniform Rental 377 500 500 500 0 500 0.00
652140 Personal Safety Equipment 536 500 500 500 0 500 0.00
652210 Food Operating Supplies 5,883 5,800 3,800 5,000 0 5,000 -13.79
652310 Fertilizer Herbicides And Chemicals 3,397 1,500 1,500 2,000 0 2,000 33.33
652490 Fuel And Lubricants Isf Billings 3,682 2,500 2,500 3,800 0 3,800 52.00
652510 Household And Institutional Supplies 1,641 2,400 2,400 2,400 0 2,400 0.00
652720 Medical Supplies 2,021 500 500 1,500 0 1,500 200.00
652910 Minor Operating Equipment 19,139 10,000 10,000 16,000 0 16,000 60.00
652920 Computer Software 293 0 0 0 0 0 0.00
652940 Merchandise Resale 19,583 16,000 16,000 16,000 0 16,000 0.00
652990 Other Operating Supplies 19,556 14,000 14,000 24,500 0 24,500 75.00
652991 Electrical Supplier 735 2,000 2,000 10,000 0 10,000 400.00
652992 Electrical Contractors 979 2,500 2,500 10,000 0 10,000 300.00
652999 Painting Supplies 0 1,000 1,000 1,000 0 1,000 0.00
654110 Books Publications And Subscriptions 0 200 200 400 0 400 100.00
654210 Dues And Memberships 316 600 600 600 0 600 0.00
654360 Other Training Educational Expenses 1,066 1,500 1,500 2,300 0 2,300 53.33
60 Operating Expense 589,996 623,800 613,600 533,200 0 533,200 -14.52
70 CaDital Outlav
763100 Improvements General 21,450 0 0 55,000 0 55,000 100.00
764150 Heavy Equipment And Trailers 0 0 0 18,000 0 18,000 100.00
764900 Data Processing Equipment 0 2,800 2,800 0 0 0 -100.00
70 Capital Outlay 21 ,450 2,800 2,800 73,000 0 73,000 2,507.14
157710-130 Golden Gate Community Center 1,133,830 1,207,300 1,096,600 1,079,449 0 1,079,449 -10.59
1919010-130 Reserves I
99 Reserves
991000 Reserve For Contingencies 0 66,000 0 0 0 0 -100.00
993000 Reserve For Capital Outlay 0 68,600 0 0 0 0 -100.00
99 Reserves 0 134,600 0 0 0 0 -100.00
919010-130 Reserves 0 134,600 0 0 0 0 -100.00
1959010-130 Transfers - Elected Officers ~
93 Transfers to Constitutional Officers
930600 Budget Transfers Property Appraiser 3,300 3,200 0 0 0 0 -100.00
930700 Budget Transfers Tax Collector 8,376 9,500 0 0 0 0 -100.00
93 Transfers to Constitutional Officers 11,676 12,700 0 0 0 0 -100.00
GovMax 2 3/30/2009
1611
A6
,
I
i
I
.
Account Major Expenditure FY 2010 Service Level Analysis grouped by Business Unit, Org Code
Collier Countv Government Fiscal Year 2010
FY 2009
Adopted
% Change
Object Code and Account Name
F Y 2U08
Actual
FY 2009
Adopted
FY 2009
Annualized
FY 20.10
Current
FY 2010
Expanded
FY 2010
Total
0807 Parks & Recreation Department i
959010-130 Transfers - Elected Officers 11,676 12,700 0 0 0 0 -100.00
0807 Parks & Recreation Department 1,146,606 1,364,600 1,096,600 1,079,449 0 1,079,449 -20.31
Report Total 1,146,506 1,364,600 1,096,600 1,079,449 0 1,079,449 -20.31
GovMax
3
3/30/2009
16 1.1 'A 6
.
~
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government
Expenditure Detailltelll Description
Service
Level Issue #
FY 20'10
Budget
FY 2011
Budget
FY 2012
Budget
Fiscal Year 2010
FY 2013 FY 2014
Bu(\get Budget
0807 Parks & Recreation Department J
157710-130 Golden Gate Community Center
50 Personal Services
157710-130 512100 Reeular Salaries
Salary - 50001347 Wilson Vickie 64,694 0 0 0 0
Salary - 50001564 Orta Rogelio 26,406 0 0 0 0
Salary - 50001737 Torres Gregory 25,193 0 0 0 0
Salary - 50001741 Pasquier Marie 25,193 0 0 0 0
Salary - 50001743 Allen Julie 43,645 0 0 0 0
Salary - 50001745 Apkarian Christina 32,753 0 0 0 0
Salary - 50001746 Coriano Ramon 32,753 0 0 0 0
157710-130 512100 Regular Salaries 252,637 0 0 0 0
157710-130 512600 Er 457 Deferred Comp
Deferred Comp $ 500 match - 50001347 Wilson Vickie 500 0 0 0 0
Deferred Comp $ 500 match - 50001743 Allen Julie 500 0 0 0 0
157710-130 512600 Er 457 Deferred Comp 1,000 0 0 0 0
157710-130 513100 Other Salaries And Waees
ASA counselors - 2 x $9.77 x 40hrs x 36 wks (347990) 29,700 0 0 0 0
Holiday Camp - 2 x $10.13 x 40hr x 1 wk (347290) 610 0 0 0 0
Preschool Counselor - 1 x $10.31 x 30hr x 21 wk (347990) 6,300 0 0 0 0
Spring Camp - 2 x $10.13 x 40hr (347290) 610 0 0 0 0
Wheels - 2 x $11.30 x 56hrs x 26 pay periods (347990) 34,060 0 0 0 0
157710-130 513100 Other Salaries And Wages 71,700 0 0 0 0
157710-130 521100 Social Security Matchinl!
Addt SS on OT and Other Wages 3,600 0 0 0 0
FICA - 50001347 Wilson Vickie 4,042 0 0 0 0
FICA - 50001564 Orta Rogelio 1,761 0 0 0 0
FICA - 50001737 Torres Gregory 1,562 0 0 0 0
FICA - 50001741 Pasquier Marie 1,562 0 0 0 0
FICA - 50001743 Allen Julie 2,737 0 0 0 0
FICA - 50001745 Apkarian Christina 2,031 0 0 0 0
FICA - 50001746 Coria no Ramon 2,031 0 0 0 0
Medicare - 50001347 Wilson Vickie 945 0 0 0 0
Medicare - 50001564 Orta Rogelio 412 0 0 0 0
Medicare - 50001737 Torres Gregory 365 0 0 0 0
Medicare - 50001741 Pasquier Marie 365 0 0 0 0
Medicare - 50001743 Allen Julie 640 0 0 0 0
Medicare - 50001745 Apkarian Christina 475 0 0 0 0
Medicare - 50001746 Coriano Ramon 475 0 0 0 0
157710-130 521 100 Social Security Matching 23,203 0 0 0 0
157710-130 522100 Retirement Reeular
Addtl Retirement on OT and Other Wages 2,600 0 0 0 0
Retirement - 50001347 Wilson Vickie 7.491 0 0 0 0
Retirement - 50001564 Orta Rogelio 3,264 0 0 0 0
Retirement- 50001737 Torres Gregory 2,895 0 0 0 0
Retirement- 50001741 Pasquier Marie 2,895 0 0 0 0
Retirement - 50001743 Allen Julie 5,072 0 0 0 0
Retirement - 50001745 Apkarian Christina 3,763 0 0 0 0
Retirement - 50001746 Coriano Ramon 3,763 0 0 0 0
157710-130 522 100 Retirement Regular 31,943 0 0 0 0
157710-130 523150 Health Insurance
Health Insurance - 50001347 Wilson Vickie 10,554 0 0 0 0
Health Insurance - 50001564 Orta Rogelio 10,554 0 0 0 0
Health Insurance - 50001737 Torres Gregory 10,554 0 0 0 0
Health Insurance - 50001741 Pasquier Marie 10,554 0 0 0 0
Health Insurance - 50001743 Allen Julie 10,554 0 0 0 0
Health Insurance - 50001745 Apkarian Christina 10,554 0 0 0 0
Health Insurance - 50001746 Coriano Ramon 10,554 0 0 0 0
157710-130 523150 Health Insurance 73,878 0 0 0 0
157710-130 523160 Life Insurance Short And Lone Term
GovMax 3/30/2009
1611
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government
A6
~
Expenditure Detailltelll Description
Service
Level Issue #
FY 20.10
Budget
FY 2011
Budget
FY 2012
Budget
Fiscal Year 2010
FY 2013 FY 2014
Budget Budget
0807 Parks & Recreation Department ~
157710-130 Golden Gate Community Center
50 Personal Services
157710-130 523160 Life Insurance Short And Lon2 Term
Life Insurance. 50001347 Wilson Vickie 228 0 0 0 0
Life Insurance. 50001564 Orta Rogelio 99 0 0 0 0
Life Insurance - 50001737 Torres Gregory 88 0 0 0 0
Life Insurance - 50001741 Pasquier Marie 88 0 0 0 0
Life Insurance - 50001743 Allen Julie 155 0 0 0 0
Life Insurance - 50001745 Apkarian Christina 115 0 0 0 0
Life Insurance. 50001746 Coriano Ramon 115 0 0 0 0
157710-130 523160 Life Insurance Short And Long Tenn 888 0 0 0 0
157710-130 524100 Workers Compensation Regular
Per Risk Management Allocation 18,000 0 0 0 0
50 Personal Services 473,249 0 0 0 0
60 ODeratina EXDenSe
157710-130 634970 Indirect Cost Reimbursement
Indirect Cost Plan 115,700 0 0 0 0
157710-130 634999 Other Contractual Services
Cheerleading (347990) 13,700 0 0 0 0
Dehart Alarm 1,000 0 0 0 0
Entertainment Skate/BMX events (OJ, bands, etc) (347990) 4,000 0 0 0 0
Folk Dance (347990) 2,000 0 0 0 0
Karate (347990) 13,500 0 0 0 0
Landscape 20,000 0 0 0 0
Latin Dance (347990) 2,600 0 0 0 0
Patricia Hill Dance Class (347990) 4,000 0 0 0 0
Pee Wee Sports (347990) 2,000 0 0 0 0
Zumba (347990) 2,000 0 0 0 0
157710-130 634999 Other Contractual Services 64,800 0 0 0 0
157710-130 639965 Locksmiths Services And Supplies
Locksmiths Services and Supplies 1,000 0 0 0 0
157710-130 639966 Pest Control
Pest Control 500 0 0 0 0
157710-130 640200 Milea2e Reimbursement Re2ular
Mileage 600 0 0 0 0
157710-130 640300 Out Of Countv Travel Professionall>evel
FRPA Conference x 2 1,800 0 0 0 0
NBL BMX Conference 400 0 0 0 0
Other OOC Training 1,200 0 0 0 0
157710-130 640300 Out Of COWlty Travel Professional Oevel 3,400 0 0 0 0
157710-130 640410 Motor Pool Rental Chal1!.e
Per Fleet schedule 100 0 0 0 0
157710-130 641700 Cellular Telephone
Supervisor - $57/mth 700 0 0 0 0
157710-130 641900 Telephone Svstem Support Allocation
Per budget instructions (see notes) 3,350 0 0 0 0
rounding 50 0 0 0 0
157710-130 641900 Telephone System SUppOlt Allocation 3,400 0 0 0 0
Vari;:mr..e. FY09 Forecast Based on 4 month of actuals
NotA". Per Budget Instructions
$2600 = FFCC (10 lines x $260)
$750 = Long Distance Estimate ($75 per employee per budget instructions)
157710-130 641950 Posta2e l"reight And Ups
GGCC Postage 200 0 0 0 0
157710-130 643100 Electricitv
GGCC Electricity 84,000 0 0 0 0
Variance: Monthly charges in summer may be slightly higher than during the winter months.
157710-130 643300 Trash And Garbage Disposal
GovMax 2 3/30/2009
'lIl,,_...~.~,. "'I''M' 11 .~_____,..__."'...'___.,,____
16 I f. A6 ~
t
j
.
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government Fiscal Year 2010
Service FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
Expenditure Detail Item Description level Issue # Budget Budget Budget Budget Budget
0807 Parks & Recreation Department J
157710-130 Golden Gate Community Center
60 Operatina Expense
157710-130 643300 Trash And Garbage Disposal
GGCC Trash Pick ups 6,400 0 0 0 0
Variance: FY09 Forecast: Based on 4 month of actuals
157710-130 643400 Water And Sewer
Per budget instructions 11,000 0 0 0 0
Notes. FY08 actuals X 1.0523
157710-130 644600 Rent Equipment
BMX Qualifier (347400) 1,500 0 0 0 0
Halloween Howl (347400) 1,500 0 0 0 0
Inflatable movie screen (347400) 2,000 0 0 0 0
Latin Festival (tents & generators) (347400) 3,200 0 0 0 0
Port a Potties for BMX events (347400) 400 0 0 0 0
Senior Expo (347400) 2,000 0 0 0 0
Spring Wing Ding (347400) 1,500 0 0 0 0
157710-130 644600 Rent Equipment 12,100 0 0 0 0
Notes.
$1000 = Trollies for Holiday event
157710-130 644620 Lease Equipment
Copier Lease agreement 2,400 0 0 0 0
157710-130 645100 Insurance General
Collier Counly Self Insurance 6,900 0 0 0 0
157710-130 645200 Property Insurance
Per Risk Management Allocation 30,100 0 0 0 0
157710-130 646110 Building RAnd M Outside Vendors
Exlerior Pressure Cleaning 5,000 0 0 0 0
V"ri"nce. FY09 Forecast: Only pressure cleaning once this year
157710-130 646180 Building RAnd M Isf Billings
Special service repairs on skate park 5,000 0 0 0 0
Variance: Facility Charges
Noles: $5,000 - Special services
157710-130 646311 Sprinkler System Maintenance
Sprinkler Maintenance 1,000 0 0 0 0
157710-130 646315 Athletic Court And Ball Field Maint
Clay for BMX track 2,000 0 0 0 0
Skatepark repairs 2,000 0 0 0 0
Soiltac for BMX Track 500 0 0 0 0
157710-130 646315 Athletic Court And Ball Field Maint 4,500 0 0 0 0
157710-130 646316 Maint Bleachers Picnic Tables Etc
Picnic Tables 4,000 0 0 0 0
157710-130 646317 .Fencing Maintenance
Fence repairs and maintenance 2,000 0 0 0 0
157710-130 646318 Mulch
Playground mulch 2,000 0 0 0 0
Red Mulch 2,000 0 0 0 0
157710-130 646318 Mulch 4,000 0 0 0 0
157710-130 646319 Tree Trimming
Tree Trimming 8,000 0 0 0 0
157710-130 646320 Landscape Materials
Flowers, plants and ground covering 5,000 0 0 0 0
157710-130 646430 Fleet Maint lsf Labor And Overhead
Per Fleet schedule 900 0 0 0 0
157710-130 646440 .'Ieet Maint lsf Parts And Sublet
Per Fleet schedule 400 0 0 0 0
157710-130 646452 Plavground Equipment Maintenance
Playground parts 3,000 0 0 0 0
GQvMax 3 3/30/2009
i61 r
A6
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government
Serllice
Level Issue #
FY 20.10
Budget
FY 2011
Budget
FY 2012
Budget
Fiscal Year 2010
FY 2013 FY 2014
Budget Budget
Expenditure Detailltern Description
0807 Parks & Recreation Department ~
157710-130 Golden Gate Community Center
60 ODeratina EXDenSe
Variance: Parts did not arrive as anticipated in FY07. Budgeted in 2007.
157710-130 646510 Machine Tools RAmi M Outside Vendors
BMX starter gate repairs 1 1,500 0 0 0 0
157710-130 646970 Other Equip Repairs And Maintenance
Replace canvas on Wheels tower 3,000 0 0 0 0
157710-130 647110 Printinl!. And Or Bindinl! Ontside Vendors
Printing and or Binding Outside Vendors 1 10,000 0 0 0 0
157710-130 648170 Marketinl! And Promotional
Marketing 10,000 0 0 0 0
157710-130 649010 Licenses And Permits
DCF License (347990) 100 0 0 0 0
Frontier days (347400) 400 0 0 0 0
Health Dept.(347990) 150 0 0 0 0
Right of Way for special events (347400) 150 0 0 0 0
Sound permit for special events (347400) 50 0 0 0 0
Special events (347400) 350 0 0 0 0
157710-130 649010 Licenses And Pennits 1,200 0 0 0 0
Variance. FY09 Forecast: Fewer special events
157710-130 649930 Credit Card Discount Fee
Credit Card Fees 3,000 0 0 0 0
V",ri",nc:e. FY09 Forecast: Based on 4 month of actuals
157710-130 649990 Other Miscellaneous Services
Miscellaneous NBL Services (347230) 50 0 0 0 0
Movie privileges for outdoor movies (347400) 3,100 0 0 0 0
NBL Insurance (347230) 2,000 0 0 0 0
NBL Memberships (347230) 1,800 0 0 0 0
NBL Race Report Fees (347230) 1,250 0 0 0 0
P"~o:;creditation r.Mt~ - 1I;~;t~ti"n T.."m Flinhts - 3 x $400 1,200 0 0 0 0
0 0 0 0
0 0 0 0
157710-130 649990 Other Miscellaneous Services 10,000 0 0 0 0
Variance" FY09 Forecast: Credit card charges no longer coming from this line
157710-130 651110 Office Supplies General
Office supplies 5,200 0 0 0 0
157710-130 651210 Copvinl! Charl!.es
Program flyers 4,000 0 0 0 0
157710-130 651910 Minor Office Equipment
Scanner 500 0 0 0 0
157710-130 651930 Minor Office i<'urniture
Office Furniture 1,000 0 0 0 0
157710-130 652110 Clothinl!. And Uniform Purchases
ASA counselors shirts - 2 x $5 x 5 100 0 0 0 0
BMX camp shirts - 15 kids x 6 camps x $5 500 0 0 0 0
Nametags - 15 staff x 1 nametag x $12 200 0 0 0 0
Pre School Shirts - 20 x $5 x 4 sessions 400 0 0 0 0
157710-130 652110 Clothing And Uniform Purchases 1,200 0 0 0 0
Variance: FY09 Forecast: No staff shirts purchased this year
157710-130 652130 Clothinl!. And Uniform Rental
Maintenance Uniforms - 1 x $405.60 500 0 0 0 0
157710-130 652140 Personal Safety Equipment
Personal Safety Equipment 500 0 0 0 0
157710-130 652210 Food Operatinl! Supplies
5th Grade Dances - 3 x $300 (347400) 1,000 0 0 0 0
ASAfPreSchool (347990) 500 0 0 0 0
Late Skate Nights (347230) 1,000 0 0 0 0
Latin Festival (347400) 1,000 0 0 0 0
GovMax 4 3/3012009
161(
A 6~
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government .
Expenditure Detail Item Description
Service
Level Issue #
FY 2010
Budget
FY 201.'
Budget
FY 2012
Budget
Fiscal Year 2010
FY 2013 FY 2014
Budget Budget
0807 Parks & Recreation Department I
157710-130 Golden Gate Community Center
60 ODeratina EXDenSe
157710-130 652210 Food Operatinl!. Snpplies
Programs and Special Events Food (347400) 1,500 0 0 0 0
157710-130 652210 Food Operating Supplies 5,000 0 0 0 0
157710-130 652310 Fertilizer Herbicides And Chemicals
Fertilizer, herbicides and chemicals 2,000 0 0 0 0
157710-130 652490 Fnel And Lubricants Isf Billinl!.s
Per Fleet schedule @ $3.50/gal 3,800 0 0 0 0
157710-130 652510 Household And Institutional Supplies
Paper & Cleaning Supplies 2,400 0 0 0 0
157710-130 652720 Medical Supplies
AED for wheels 1,000 0 0 0 0
First Aid Kits 500 0 0 0 0
157710-130 652720 Medical Supplies 1,500 0 0 0 0
157710-130 652910 Minor Operatinl!. Equipment
Replace wall mats 3,000 0 0 0 0
Storage cabinets 3,000 0 0 0 0
Tables & chairs 10,000 0 0 0 0
157710-130 652910 Minor Operating Equipment 16,000 0 0 0 0
157710-130 652940 Merchandise Resale
BMX Merchandise (347903) 11,000 0 0 0 0
Skate Merchandise (347903) 5,000 0 0 0 0
157710-130 652940 Merchandise Resale 16,000 0 0 0 0
157710-130 652990 Other Operatinl!. Supplies
Art Supplies (347990) 1,500 0 0 0 0
Art Supplies (347990) 1,500 0 0 0 0
ASA crafts and sports equipment (347990) 4,000 0 0 0 0
BMXlSkate (347400) 3,000 0 0 0 0
Game room equipment 10,000 0 0 0 0
Lumber, building supplies 2,500 0 0 0 0
Preschool supplies (347990) 2,000 0 0 0 0
157710-130 652990 Other Operating Supplies 24,500 0 0 0 0
157710-130 652991 Electrical Supplier
Electrical parts and supplies 10,000 0 0 0 0
157710-130 652992 Electrical Contractors
Electrical Contractors 10,000 0 0 0 0
157710-130 652999 Paintinl!. Supplies
Painting Supplies 1,000 0 0 0 0
157710-130 654110 Books Pnblications And Snbscriptions
CPR books 400 0 0 0 0
157710-130 654210 Dues And Memberships
FRPA - 3 x $200 600 0 0 0 0
15771 0-130 654360 Other Traininl!. Educational Expenses
CPRP certifications 1,500 0 0 0 0
FRPA annual conference x 2 400 0 0 0 0
FRPA district meetings 400 0 0 0 0
157710-130 654360 Other Training Educational Expenses 2,300 0 0 0 0
60 Operating Expense 633,200 0 0 0 0
70 CaDital Outlav
157710-130 763100 Improvements General
Redo stage floors 12,000 0 0 0 0
Repair and relaminate front desk area 15,000 0 0 0 0
Replace cabinets in kitchen area 15,000 0 0 0 0
Replace cement pad at Wheels start gate 8,000 0 0 0 0
Scoreboards 5,000 0 0 0 0
1577]0-130 763] 00 Improvements General 55,000 0 0 0 0
15771 0-130 764150 Heavv Equipment And Trailers
GovMax 6 3/30/2009
,i 6 I '1
A!6
Account Major Expenditure Detail Item Budget grouped by Business Unit, Org Code
Collier Countv Government
Expenditure Detailltern Description
Service
Level Issue II
FY 20.10
Budget
FY 2011
Budget
FY 20.12
Budget
Fiscal Year 2010
FY 2013 FY 2014
Budget Budget
0807 Parks & Recreation Department l
157710-130 Golden Gate Community Center
70 CaDital Outlav
157710-130 764150 Heavv EQuipment And Trailers
Pressure Washer 6,000 0 0 0 0
Toro Riding Blower Machine 12,000 0 0 0 0
157710-130 764150 Heavy Equipment And Trailers 18,000 0 0 0 0
70 Capital Outlay 73,000 0 0 0 0
157710-130 Golden Gate Community Center 1,079,449 0 0 0 0
0807 Parks & Recreation Department 1,079,449 0 0 0 0
Report Grand Total 1,079,449 0 0 0 0
GovMax
6
3/30/2009
;161 f
. . 1
~
~61
Account Major Revenue Detail Item Budget grouped by Business Unit, Org Code
Collier County Government Fiscal Year 2010
Service FY 2010 FY 20H FY 2012 FY 2013 FY 2014
Revenue Detail Item Description Lovel Issue Budget Budget Budget Budget Budget
0807 Parks & Recreation Department ~
-
157710-130 Golden Gate Community Center
30 Revenues
157710-\30 311100 Current Ad Valorem Taxes
2010 Estimate 00000 381,000 0 0 0 0
157710-130 341446 SALES OF XEROX COPIES - TAXABLE
Xerox copies 00000 100 0 0 0 0
Variance: Photocopy machine has been out of service for a couple of months.
157710-130 347230 PERMIT MEMBERSHIP SALES PARKS AND REC
Wheels Memberships. 400 x $25 1 00000 10,000 0 0 0 0
NBL Memberships - 60 x $45 1 00000 2,700 0 0 0 0
157710-130 347230 12,700 0 0 0 0
157710-130 347290 RECREATION CAMPS PARKS AND REC
Holiday Camp - 20 kids x $85 x 1 wk 00000 1,700 0 0 0 0
Spring Fling Camp - 20 x $85 00000 1,700 0 0 0 0
BMXlSkate Camps - 12 campers x 7 wks x $100 00000 8,400 0 0 0 0
1517.10-130 347290 11,800 0 0 0 0
157710.130 347400 SPECIAL EVENTS
Halloween Howl - 700 x $2 00000 1,400 0 0 0 0
BMX races - 26 x 20 racers x $12 00000 6,000 0 0 0 0
Senior Expo 00000 4,500 0 0 0 0
Latin Festival 00000 5,000 0 0 0 0
Frontier Days 00000 3,000 0 0 0 0
Spring Wing Ding - 200 x $2 00000 400 0 0 0 0
157710-130 347400 20,300 0 0 0 0
157710-130 347903 Merchandise Sales Taxable
Wheels resale merchandise 00000 22,400 0 0 0 0
157710-130 347905 ADMISSION
Daily Admission to Wheels- 400 walkins x $5 00000 2,000 0 0 0 0
157710-130 347908 CONCESSION FEES
Vending Machines 00000 4,000 0 0 0 0
157710-130 347940 FACILITY RENTALS CULTURE REC
Senior Food Program 00000 4,200 0 0 0 0
Facility Rental 00000 16,800 0 0 0 0
.157710-130 347U40 21,000 0 0 0 0
Vanance Total split between taxable and non taxable
157710.130 347990 INSTRUCTIONAL SERVICES CULTURE REC
Cheerleading 1 00000 21,000 0 0 0 0
Karate 1 00000 21,000 0 0 0 0
ZumbalFolklore Dance/Latin Ballroom dance 1 00000 10,000 0 0 0 0
Preschool - 4 sessions x 19 kids x $200 1 00000 15,200 0 0 0 0
Pee Wee Sports 1 00000 3,000 0 0 0 0
Yoga/Aerobics 1 00000 1,200 0 0 0 0
Patricia Hill Dance 1 00000 6,000 0 0 0 0
ASA - 20 x $500 x 2 sessions 1 00000 20,000 0 0 0 0
BMX clinics 1 00000 3.000 0 0 0 0
No School Days - 15 kids x $15 x 5 days 1 00000 1,100 0 0 0 0
157710.130 347990 101,500 0 0 0 0
157710-130 366900 Contributions Private Source
Cool Cruisers Annual Donation 00000 6,000 0 0 0 0
GovMax 3/30/2009
1."16 11
. ..... ~
...' i!!tG
Account Major Revenue Detail Item Budget grouped by Business Unit, Org Code
Collier County Government
.A6
Fiscal Year 2010
Service FY 2010 FY 2011 FY 20U FY 2013 F Y 2014
Level Issue Budget Budget Budget Budget Budget
0807 Parks & Recreation Department I
30 Revenues 682,800 0 0 0 0
157710-130 Golden Gate Community Center 582,800 0 0 0 0
0807 Parks & Recreation Department 582,800 0 0 0 0
Report Grand Total 582,800 0 0 0 0
Revenue Detail Item Description
GovMax
2
3/30/2009
ECEIVED
APR 1 b 2009
Fiala
Halas
Henning
Coyle
Coletta
FebruJI6.zL 1 ~ 7
(}-;:/,~
I' I
." ,.Jrn nf COtJf1tv COfllml5sioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, February 18,2009
LET IT BE REMEMBERED, that the Collier County Historical/
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 9:15 A.M. in REGULAR
SESSION at the Collier County Community Development Services Division
Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: Patricia Huff
Pam Brown
William Dempsey (excused)
Sharon Kenny
Elizabeth Perdichizzi (excused)
Rich Taylor
Craig Woodward
ALSO PRESENT: Melissa Zone, Principal Planner, Zoning Dept.
Steve Williams, Assistant County Attorney
Ron Jamro, Director Collier County Museum
Misc. Corres:
Feblr~ SJ2J.
A 7.!'~.
I. Roll Calli Attendance:
Chairman Patty Huff called the meeting to order at 9:26 A.M.
Roll Call was taken and a quorum established
II. Addenda to the Agenda:
. A. Welcome Pam Brown- table pending her arrival
. Re-number:
. New Business to VIl instead of V I
. Public Comments to VIIl instead of VII
. Committee Announcement to IX instead of VIlI.
. Change title from Committee Announcements to Board Member Announcements.
In future agendas this item will consist of each member's comments on their
community representations (i.e. Marco, Everglades, Immokalee, Naples)
. Under Old Business add- Invited guest Ron Jamro Museum Director pending his
arrival
III. Approval of Agenda
Craig Woodward moved to approve the Agenda, to include the noted changes. Second
by Sharon Kenny. Carried unanimous(v, 5-0.
IV. Approval of Minutes: January 21,2009
Craig Woodward moved to approve the minutes of January 21, 2009 as presented.
Second by Sharon Kenny. Carried unanimously, 5-0.
V. Department of Zoning & Land Development Review Report:
Nothing to Report
VI. Old Business:
A. Review of Draft Inter-local Agreement (handout)
Assistant County Attorney, Steve Williams reviewed the rough draft of the
proposed inter-local agreement between Collier County and Everglades City.
Once the agreement is accepted by both parties the plan is to utilize the same
agreement format with the other municipalities (Marco Island, Naples, etc)
Discussion was about exactly what provision the Board wanted to include in the
agreement.
Ron Jamro arr;ved at 9:38 a.m.
Mentioned was:
. lurisdiction- no plan to remove any control or authority from cities; just
to recognize and designate whatever is declared historic by the city, to
be automatically recognized by the County.
. H~?toric Brochure to include municipality and County information.
2
161~1 .A7
February 18,209
\
. Various historical sites within the area municipalities that the County
would like to designate as historical.
. Open communication and common signage and markers coordinated
through the inter-local agreement
. Pros and Cons for the cities, in creating an inter-local agreement.
. Defining benefits of inter-local agreements for each community
. Funding constraints
Pam Brown arrived at 9:45 a.m. and was officially welcomed to HAPB.
It was agreed that Board Members would e-mail ideas and comments for the
drafted agreement to Melissa Zone for forwarding to County Attorney Steve
Williams. Upon development of the prototype agreement, the various
community leaders will be approached. Also suggested was to invite
representatives of each governing municipality to attend a HAPB meeting.
B. Review Draft Lake Trafford letter (handout)
Discussion revolved around the letter, prepared by Board Member Attorney
Will Dempsey assisted by Chairman Patty Huff summarizing the information
obtained on the Native American canoes found in Lake Trafford. Proposed was
to send the letter to public and private groups interested in historical and
archaeological preservation inviting their participation in pursuing means to
study, attempt recover and preserve the rare artifacts. The letter will include an
article from the St. Petersburg Times and an August 2008 letter to the Board
from the Florida Division of Historical Resources which describes the canoes.
Comments and suggestions:
. Invite Ryan Wheeler, State Archaeologist and Chief, Bureau of
Archaeological Research and Archaeologist Bob Carr to come to HAPB
meeting and discuss options on moving forward with this effort.
. Spoke about the canoes' destruction through lawless activity of boaters,
tourists and souvenir seekers, while those who see a value to the canoes
and have marked their locations for preservers to study are chased away.
. Airboat rides on the Lake interfere with tourist attractions.
. Questioned why nothing was being done by the State, who had recognized
the canoes as a "rare and extraordinary find."
. Dredging of Lake Trafford, in progress, would destroy the remains unless
salvage is allowed
Pam Brown mentioned contacting the Lake Trafford Task Force to obtain the
dredging dates and to work with them.
Craig Woodward moved to approve a recommendation to moveforward with
sending out the letter, adding to it the urgency for action due to the timeline
for dredging. Second by Sharon Kenny. Carried unanimously, 7-0.
C. HAPB Brochure
Chairman Patty Huff explained the Brochure to the new members stating
3
16 J ~1'JA7'
February 18,209
the object was to update it and add new sites.
Melissa Zone stated there were no funds available at this time. The project
had been put on hold.
Ron Jamro noted the County has enacted new rules regarding printing, logos,
and publishing. He asked that HAPB gather what they want included and
reduce the cost to a reasonable rate as the Tourist Development monies may be
able to cover costs.
D. Confirmation of March date to visit Mar-Good with Parks & Recreation
Craig Woodward moved to change the date of the regular March meeting
from March 18, 2009 to March 25,2009 at 9:15 AM at Mar-Good Park.
Second by Sharon Kenny. Carried unanimous(v, 7-0.
The meeting, in conjunction with Parks & Recreation, will be a walking tour
of the buildings and grounds.
E. Overview of Sunshine Law (handouts-4)
Copies of:
· The 2009 version of the Guide to the Sunshine Amendment and Code of
Ethics for Public Officers and Employees
. CMA # 5311 Code Of Ethics (implementing procedure)
. The Ordinance No. 2004-05 "Ethics Ordinance"
· Memorandum from Human Resources Director, Amy Lyberg.
County Attorney Steve Williams suggested HAPB read over and be familiar
with their contents. Any questions can be e-mailed to him.
VII. New Business - None
VIII. Public Comments:
Ron Jamro spoke about the completion of the 3-yr.WGCU 9-part series on Collier
County, obtainable on DVD and on WGCU's web site.
IX. Committee Announcements (Board Member Announcements)
Craig Woodward acknowledged the death of Maria Stone, the author of "Caxambas
Kid" which is about Preston Sawyer who grew up on Marco Island. She wrote the
history of the Tamiami Trail and contributed much to the historical information on
Collier County.
He also reported on the progress at the City of Marco museum. Presentation of
progress was given to the BCe. He suggested a future field trip.
Sharon Kenny talked about a new venture in the City of Naples called The Naples
Backyard History Museum located on 3rd S1. So., spearheaded by Laverne Gaynor. She
noted the group was entirely separate from the Naples Historical Society and gave an
overview of their activities.
4
'61~1- A7
'i\bruary 1 ~09Vfl
i
Chairman Patty Huff provided an update on the Beulah Mission in Copland that was
designated historic. Funds are not available for preservation and she asked HAPB
members for ideas on the best use of the site to promote the Black History (Community
Center and/or Museum) for the area.
Ron Jamro stated Black Historic sites are often requested of the Collier County
Museum staff. He encouraged continued pursuit of this effort.
Pam Brown noted a Black Historical Museum in central Florida may be a source of
ideas and procedures. She will try to obtain information about this museum.
Chairman Patty Huff mentioned:
. One of the 3 fisherman homes to be saved across from the Rod & Gun Club that
was destroyed by fire.
. Old Bank building is for sale. Looking for interested preservationists to
purchase it.
. Feb. 23-26 Majorie Stoneman Douglas Festival at Museum of the Everglades
. March 3, 2009 Chris Busk, Landscape Architect and Preservationist will give a
talk at Everglades Society for Historic Preservation about preserving old homes
in Everglades City.
. Found a 1918 paper in walls of her home
Melissa Zone stated interested groups may want to do fundraising and donate to the
County.
The next scheduled meeting will be held Wednesday March 25,2009 at Mar-Good
Park in Goodland at 9:15 A.M.
There being no further business for the good ofthe County, the meeting
was adjourned by order of the chair at 10:58A.M.
HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
@~
These minutes approved by the Board on
as corrected
.3 h S'" / ~ ' as presented j
I
or
5
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He~~ng .. ..:.
Coyle ~ (/ty~
Coletta ( ,
, 6 I ,.. I
tarch ~5, ~09' A 7
RECEIVEI
APR 2 1 2009
v
MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
Board of County Commjss;o
Naples, Florida, March 25, 2009
LET IT BE REMEMBERED, that the Collier County Historical/Archaeological Preservation Board in and
for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in
REGULAR SESSION at The Goodland Civic Association Building, 417 Mango Avenue, Goodland,
Florida following a tour of MAR-GOOD HARBOR PARK, 321 Pear Tree Avenue, Goodland, Florida,
with the following members present:
CHAIRMAN: Patricia Huff
Pam Brown (absent)
William Dempsey
Sharon Kenny (excused)
Elizabeth Perdichizzi (excused)
Rich Taylor
Craig Woodward
ALSO PRESENT: Melissa Zone, Principal Planner
Jeff Wright, Assistant County Attorney
Murdo Smith, Parks and Recreation
Tony Ruberto, Parks and Recreation
I. Roll Call/Attendance:
Chairman Patty Huff called the meeting to order at 10:25 AM, following a one hour tour of
MAR-GOOD HARBOR PARK, grounds and buildings.
Roll call was taken and a quorum established.
Sandra Bottcher and Heidi Williams of Q. Grady Minor & Associates were
also present
II. Addenda to the Agenda: None
III. Approval of the Agenda:
Craig Woodward moved to approve the Agenda. Second by Will Dempsey.
Carried unanimously, 4-0.
IV.
Approval of Minutes: February 18, 2009
Misc. Conws:
Date:
!tem#:
16c121v~ A 7
Page 5 Article IX Board Member Comments- Chairman Patty Huff asked to insert
into her comment on the fisherman home across from the Rod and Gun Club that
was... "considered unsafe and torn down prior to it being"... destroyed by a fire.
Will Dempsey moved to approve the minutes of February 18, 2009, as amended.
Second by Craig Woodward. Carried unanimously, 4-0.
V. Department of Zoning and Land Development Review Report:
A. None
VI. Old Business:
A. Tour of the Mar-Good Harbor Park for proposed Historic Designation
Discussion revolved around the various buildings, grounds and the proposals for
them. Conditions of the 8 buildings and the unique artifacts found there were
mentioned. The HAPB asked Staff to put the Mar-Good Park and Historic
Designation item on the Agenda for discussion at the April 15th HAPB meeting,
giving them time to review the Mar-Good handouts from the last meeting.
B. Lake Trafford "save the canoe's" support letter
Melissa Zone researched historical societies and distributed copies of the letter
going out to 50 of the 53 Historical groups and societies within the Lee, Hendry,
Collier and Broward County areas, individually signed by Chairman Huff. The
letters ask for a response from them to the efforts to preserve the Lake Trafford
Calusa Indian canoes. The intent is to acquire ideas, information and funding
opportunities to present to the State to showing interest in the preservation is
urgent.
Melissa will e-mail a copy of the letter and the various addressees to all
HAPB members.
Chairman Huff noted New Business and Public Comments will be numbered correctly.
VII. New Business:
A. Potential Historic Designation of Pepper Ranch
Melissa Zone announced BCC had purchased Pepper Ranch where old buildings
and fish camps used by Collier citizens are located. She contacted Conservation
Collier 20/20 to assess their interest in restoration. To that end, Alex Sulecki
and maybe the overseer of Pepper Ranch will be presenting information on
exploring the possibility for Historic Designation for Pepper Ranch at the April
15th HAPB meeting. The pros and cons of Historical Designation will be
discussed after the presentation.
VIII. Public Comment:
Dr. Lois Bolin, a strategic planner involved with Naples Cultural Landscape Fund and
the Naples Backyard Museum, asked to address comments made at the HAPB
September 17,2008 meeting, at which her application to the HAPB was considered.
She felt that comments made at that meeting were non-factual and could be
misconstrued to reflect poorly on her reputation. She presented the HAPB
members with a copy of her comments regarding the discussion.
2
- "-.,~...
16 ~alhI2~,~20<A 7
Melissa responded that her concerns would be addressed in the minutes of this
meeting. Dr. Bolin was thanked for taking time to Join the tour and the HAPB
meeting; and for her interest in historical issues.
IX. Board Member Announcements
Craig Woodward invited those present to stop by the new Marco Museum on
their way back to Naples to see the progress made and the newly installed roof.
Chairman Huff gave an update on the Beulah Mission building, which will be signed
over to the City of Everglades. They will try to seek Grant funds for restoration.
Melissa Zone stated she spoke to a Planning Commission member who volunteered
his architect services to see what it would take to restore it.
Chairman Huff also had spoken to an Everglades City contractor who agreed to take
a look at it. She asked that the two get together with their findings.
She also noted the Bank building was still for sale_ It had been suggested to her to
try contacting large companies such as outfitters who may have an interest in using
the upstairs areas for apartments with businesses below. She will research the
possibilities with a known contact and report to the HAPB.
The next meeting will be held on April 15, 2009 at 9:15 AM.
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chair at 11:05 AM.
Historical/Archaeological Preservation Board
/-) " .
//, ~
l__,7"~--'
Chairman, Patricia Huff
These minutes approved by the Board/Committee on .L.f /; J Ie; ,
presented or as amended V
as
3
CRA Governine: Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
State Enterprise Zone
Development Ae:encv
Board (EZDA)
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Bernardo Bamhart
Michael Facundo
Cape 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
Fiala
Halas
Henning
Coyle
Coletta ~
IM~i~ldil tAA
mmunity Redevelopment Agency
jThe Plqce to (q!1 Home!
~/
Qfr;ML
r
EZONE MEETING AGENDA
State Enterprise Zone Development Agency
March 18, 2009 - 9:30 to 9:45 AM
Career and Service Center of Collier County-Immokalee
750 South 5th Street
Immokalee, Florida, 34142
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
tWttliI!t 8 ,
APR 2 2 2009
vi
Board of County CommiSSioners
Call to Order.
Roll Call and Announcement of Quorum.
Adoption of Agenda.
Communications.
Consent Agenda.
1. Approval of Minutes
a. Regular Meeting - February 26, 2009 (Enclosure 1)
b. Special Meeting - February 23, 2009 (Enclosure 2)
2. Enterprise Zone Reports
a. Enterprise Zone Activities Monthly Report (Enclosure 3)
Old Business.
New Business.
1. Seminole Indian Class III Gaming Compact with State of Florida
a. Proposed actions
Citizen Comments.
Next Meeting. April 15,2009 at 9:30 A.M.
Adjournment.
Misc. Corres:
Date: D~P-to I D9
Item #.1lt2rL~
.,.:;,ple~: to.
.1;~~O~lLlE( CM
Community Re~evelopment Agency
i The plelce to Celli Home!
\ 1611,lJ\8
.
MINUTES
Enterprise Zone Development Agency
March 18, 2009
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:20 A.M.
B. Roll Call and Advisory BoardlEZDA Members Present:
Advisory Board/EZDA Members Present:
Fred N. Thomas, Floyd Crews, Richard Rice, Ana Salazar, Bernardo Barnhart, Kitchell
Snow, Eva Deyo, Captain Torn Davis, Michael Facundo and Edward "Ski" Olesky.
Advisory Board/EZDA Members Absent/Excused:
Robert Halman, Richard Heers, James Wall, and Julio Estremera.
Action: A quorum was announced as being present.
lmmokalee Master Plan and Visioning Committee Present:
Edward "Ski" Olesky, Fred N. Thomas, Jr., Richard Rice, Carrie Williams, Rev. Jean
Paul, Floyd Crews, Pam Brown and Estil Null.
IMPVC Members Absent/Excused:
Clarence S. Tears, Jr. and Richard Heers.
Action: A quorum was announced as being present.
Others Present: Denise Handapangoda, Felix Medina, Judy Hushon, Brooke Gabrielsen,
Eliza Davis, Paula McMichael, Bob Mulhere, Sheryl Soukup, Maria Rdriquez, Marlen
McLaughlin, Ana Mena, Tracey Crowe, Darryl Richard and Susan Golden.
Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt.
Action: A quorum was announced as being present.
C. Adoption of the Agenda.
Action: Ms. Deyo moved to adopt the Agenda with the addition of the re-appointment of
Fred Thomas added as Item G2, Afr. Rice seconded the motion and the Agenda was approved by
unanimous vote.
D. Communications.
E. Consent Agenda.
1. Approval of Minutes of February 18, 2009 and the Special Meeting of February 23, 2009
2. Approval of the Enterprise Zone Activities Report for February.
Action: lv/s. Deyo moved to adopt the Consent Agenda, Ivi". Salazar seconded the motion and the
Consent Agenda was approved by unanimous vote.
G. Old Business.
H. New Business.
1. Seminole Indian Class III Gaming Compact with State of Florida
Mr. Thomas provided a brief history of the compact and asked that all Board members
and the public to talk with their lobbyists to encourage Florida Legislators to approve the
compact with the Seminole Tribe. He reiterated that the most important action currently
is to get the compact approved and then worry about directing the funds to Enterprise
Zones state wide.
2. Ms. Phillippi asked for an action to re-appointed Fred N. Thomas, Jr.
16/'1'A8
Action: Mr. Rice made a motion to recommend to the CRA/BCC that Fred N. Thomas, Jr.
be re-appointed to serve a four year term on the EZDA Redevelopment Board, seconded by Mr.
Snow and passed by unanimous vote.
r. Citizen Comments.
J. Next Meeting Date. April 15, 2009 at 8:30 A.M.
K. Adjournment. This meeting was adjourned at 10:00A.M.
'1
.~
2
IMMOKALEE eRA
Community Redevelopment Agency
j The Plqce to Cqll Home!
1611
A8
Certification of Minutes Approval Form
These Minutes for the March 18, 2009, CRA Advisory BoardlEZDAlIMPVC Meeting were
approved by the CRA Advisory Board/EZDAlIMPVC Committee on April 15, 2009, as
presented.
* The next joint Advisory BoardlEZDAJIMPVC meeting will be held May 20, 2009 at 8:30A.M.
at the Career and Service Center located at 750 South 5th 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, ImmokaIee 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.
Fiala 1~~f~1kii C:~
Halas - .J I
Henning mr;/Unlty ReLieve opment Agency
coyle ~~The PI'lcetoC'l1l Hamel
CRA Gove'rninl!: Board ol9tt9c E TING AGENDA
Community Redevelopment Agency Advisory Committee
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Frank Halas
CRA Advisory Board
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Bernardo Barnhart
Michael Facudno
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
16 '-I -A 9. ..'
RECEIVED
APR 2 2 2009
Board of C
-OUn", r:
'Y ~,ommiss.
lOners
\('
\
March 18, 2009- 9:45 to 10:30 A.M.
Career and Service Center of Collier County-lmmokalee
750 South 5th Street, lmmokalee, Florida, 34142
A. Call to Order.
B. Roll Call and Announcement of a Quorum.
C. Introductions.
D. Adoption of Agenda_
E. Communications.
F. Consent Items.
1. Approval of Minutes
a. Regular Meeting February 18,2009 (Enclosure 1)
b. Special Meeting - February 23, 2009 (Enclosure 2)
2. RWA, Inc.
a. February Report (Enclosure 3a)
b. February lnvoice (Enclosure 3b)
3. Commercial Far;:ade Improvement Program Monthly Report (Enclosure 4)
4. Agreement for Esperanza Place
Empowerment Alliance of Southwest Florida (Enclosure 5a)
Florida Non-Profit Services, Inc. (Enclosure 5b)
G. Old Business_
1. County Code Enforcement Monthly Highlights in Immokalee, Kitchell Snow
H. New Business.
1. BCC Agenda Items
a. Annual Report - March 24, 2009
I. Citizen Comments.
J. Next Meeting Date. April 15, 2009 at 8:30 AM
K. Operational Plan Workshop.
(Enclosure 6 - Agenda)
(Enclosure 7 - Duties)
* The next joint Advisory BoardlEZDA/IMPVC meeting will be held April IS, 2009, at 8:30
A.M. at the Career and Service Center located at 7S0 South Sth Street in Immokalee.
** There is no scheduled IMPVC meeting at this time. Further meetings will be held at S:30pm
at a place to be announced 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 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, Immoka)Mscf.it}olt8s:nmission, 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 referenc~oard and Committees
from time to time. 'tam ~-_.~ 5 ~ D.9
pim} to 'toIL l
1~~OiAALiE eM
Comm~nity Redevelopment Agency
iThe PI~ce to c~1I Home!
MINUTES
Immokalee Local Redevelopment Agency
March 18, 2009
161 'I. "A9
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:00 A.M.
B. Roll Call and Announcement of a Quorum.
Advisory Board/EZDA Members Present:
Fred N. Thomas, Floyd Crews, Richard Rice, Ana Salazar, Bernardo Barnhart, Kitchell
Snow, Eva Deyo, Captain Tom Davis, Michael Facundo and Edward "Ski" Olesky.
Advisory Board/EZDA Members Absent/Excused:
Robert Halman, Richard Heers, James Wall, and Julio Estremera.
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Edward "Ski" Olesky, Fred N. Thomas, Jr., Richard Rice, Carrie Williams, Rev. Jean
Paul, Floyd Crews, Pam Brown and Estil Null.
IMPVC Members Absent/Excused:
Clarence S. Tears, Jr. and Richard Heers.
Action: A quorum was announced as being present.
Others Present: Denise Handapangoda, Felix Medina, Judy Hushon, Brooke Gabrielsen,
Eliza Davis, Paula McMichael, Bob Mulhere, Sheryl Soukup, Maria Rdriquez, Marlen
McLaughlin, Ana Mena, Tracey Crowe, Darryl Richard and Susan Golden.
Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt.
C. Introductions.
D. Adoption of Agenda.
Action: Jlvfr. Olesky made a motion to adopt the Agenda. with the addition of a Red Flag
report under Item G.2, Capt. Davis seconded the motion and it passed by unanimous vote.
E. Communications.
F. Consent Agenda.
1. Approval of Minutes for the Regular Meeting February 18,2009 and the Special
Meeting of February 23,2009;
2. RW A, Inc. February Report and February Invoice;
3. Commercial Fa<;ade Improvement Program Monthly Report; and
4. Agreement for Esperanza Place with the Empowerment Alliance of Southwest
Florida and Florida Non-Profit Services, Inc.
Action: Mr. Olesky moved to approve the Consent Agenda, Capt. Davis seconded and the
Consent Agenda was approved by unanimous vote.
G. Old Business.
1. County Code Enforcement Monthly Highlights in Immokalee.
Kitchell Snow reported on the upcoming community clean up program.
Action: A Sub-Committee was formed to bring recommendations back to the CRA
Advisory Board about how best to deal with litter and the 30 'jirewise buffer requirements in and
around various areas in Immokalee. The Sub-Committee is made up of Capt. Davis, Kitchell
Snow. Floyd Crews and Carrie Williams.
2. Ms. Phillippi reported that the application submitted by Dr. Handapangoda for the
Commercial Fa<;ade Grant was denied and provided a written letter of denial to
the applicant. The applicant asked for an appeal.
1
1611-A 9
H. New Business
Susan Golden facilitated an Operation Plan Workshop for the CRAJIMPVC Committees.
1. Citizen's Comments.
J. Next Meeting Date. April 15, 2009 at 8:30 AM
K. Adjournment: The meeting was adjourned at 11 :30 AM
2
IMMOKl\LEE eRA
Community Redevelopment Agency
iThe pl<lce to C<lll Home!
~f
161lA9
Certification of Minutes Approval Form
These Minutes for the March 18,2009, eRA A~Bl.MEZDAlIMPVC Meeting were
approved by the CRA Advisory BoardlEZDAlIMPVC Committee on April 15, 2009, as
presented.
* The next joint Advisory BoardlEZDAlIMPVC meeting will be held May 20, 2009 at 8:30A.M.
at the Career and Service Center located at 750 South 5th 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 ImmokaIee 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, ImmokaIee 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.
'16111
A9
~
. ~
IMMOKALEE eRA
Community Redevelopment Agency
iThe place to Call Home!
CRA Governill2 Board
MEMORANDUM
Commissioner
Tom Henning
Commissioner
Donna Fiala
DATE:
April 17,2009
Commissioner
James N. Coletta
TO:
Sue Filson, Executive Manager, BCC
Commissioner
Fred W. Coyle
FROM:
Christie Betancourt, Administrative Assistan
lmmokalee Community Redevelopment Age
Commissioner
Frank Halas
RE:
Agendas, Minutes, and Signed Approval
CRA Advisorv Board &
State EnterDrise Zone
A2encv Board
Fred N. Thomas, Jr.
Chairman
Attached are the Agendas, Minutes, and Signed Approval for March 18, 2009 for
your conveyance.
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)
Thank yOU.
Master Plan &
Visionilll!: 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
eRA StatT
Penny Phillippi
Executive Director
Bradley Muckel
Project Manager
Christie Betancourt
Administrative Assistant
immokalee Community Redevelopment Agency
310 Alachua Street, Immokalee, FL 34142
239.252.2313." 239.252.6725 (FAX)
CRA Governinl! Board
Commissioner
Donna Fiala
Chair
Commissioner
Tom Henning
Commissioner
James N. Coletta
Commissioner
Fred W Coyle
Commissioner
Frank Halas
CRA Advisory Board
~
State Enternrise Zone
Al!encv Board
Fred N. Thomas, Jr.
Chairman
Edward "Ski" Olesky
Bernardo Barnhart
Capt Tom Davis
Robert Halman
Ex-officio
Julio Estremera
Michael Facundo
Kitchell Snow
Floyd Crews
Richard Rice
i\na Salazar
Rick Heers
James Wall
Eva Deyo
Master Plan &
Visioninl! Committee
Fred :-J. 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
CRA Staff
Penny Phillippi
Executive Director
239.252.2310
Bradley Muckel
Project Manager
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
~:::s ~~;rn~~genJ 6
Henning -t" .,// iThe pLKe to c~1I Home!
coyle - /)(t./ .~
CO~T ~k~TiNG AGENDA
Immokalee Master Plan and Visioning Committee And
Community Redevelopment Agency Advisory Committee
/'
I ~ ~1~ 1-0-,
APR 2 2 2009
Board of COlmty r:omml'SS/.
.. Oners
March 18,2009 - 8:30 A.M.
Career and Service Center of Collier County-Immokalee
750 South 5th Street, Immokalee, Florida, 34142
A. Call to Order-
B.
C.
D.
E.
Roll Call and Announcement of a Quorum.
Introductions.
Adoption of Agenda.
Communications.
I. March Public Notices
2. Master Plan Review Update
3. CRA web page update, "Projects" section.
4. Advisory Board web Bio and Pictures.
5. Prooffor Fa<;ade Grant Sign
6_ Seminole Casino Gaming Compact News Article
7. Final CRA Annual Report
F.
Consent Agenda.
I. Approval of Minutes.
a. Regular Meeting February 18,2009 (Enclosure 1)
2. Red Flag Items
a. MDG Capital Letter, Arrowhead Reserve (Enclosure 2)
Old Business.
I. The Collier County Habitat Conservation Plan (HCP) Advisory Committee
conference call and proposed workshop - Sub-Committee Report, Floyd Crews.
(Enclosure 3 - Letters from Regulatory Agencies)
G.
H.
New Business.
1. LDI presentation of plaza design concept.
Citizen Comments.
I.
J.
K.
Next Meeting Date. Regular Meeting April] 5,2009 at 8:30 AM
Adiournment.
Misc. Corres:
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IMtW()i~LUEIi CaA
Community Redevelopment Agency
iThe Plqce to cqll Home!
.
16 1'-1
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A 1l',,:E/\>;EO
IW? 2 2 2009
,goard OfC
OUnty r.
. ,'ommis'
. Sloners
JOINT MEETING MINUTES
Immokalee Master Plan and Visioning Committee and
Community Redevelopment Agency Advisory Committee
March 18, 2009
A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:30 A.M.
B. Roll Call and Announcement of a Quorum.
Advisory Board/EZDA Members Present:
Fred N. Thomas, Floyd Crews, Richard Rice, Ana Salazar, Bernardo Barnhart, Kitchell
Snow, Eva Deyo, Captain Tom Davis, Michael Facundo and Edward "Ski" Olesky.
Advisory Board/EZDA Members Absent/Excused:
Robert Halman, Richard Heers, James Wall, and Julio Estremera.
Action: A quorum was announced as being present.
Immokalee Master Plan and Visioning Committee Present:
Edward "Ski" Olesky, Fred N. Thomas, Jr., Richard Rice, Carrie Williams, Rev. Jean
Paul, Floyd Crews, Pam Bro\\-TI and Estil Null.
IMPVC Members Absent/Excused:
Clarence S. Tears, Jr. and Richard Heers.
Action: A quorum was announced as being present.
Others Present: Denise Handapangoda, Felix Medina, Judy Hushon, Brooke Gabrielsen,
Eliza Davis, Paula McMichael, Bob Mulhere, Sheryl Soukup, Maria Rdriquez, Marlen
McLaughlin, Ana Mena, Tracey Crowe, Darryl Richard and Susan Golden.
Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt.
C. Introductions.
Each person introduced themselves.
D. Adoption of Agenda.
Action: The Agenda was adopted with additions to the Communications Item after a
motion by }vfr. Rice and a second by Mr. Crews,
E. Communications.
1. March Public Notices
2. Master Plan Review Update
3. CRA web page update, "Projects" section.
4_ Advisory Board web Bio and Pictures.
5. Prooffor Fayade Grant Sign
6. Seminole Casino Gaming Compact News Article
7. Final CRA Annual Report
8. Resume for Fred N. Thomas, Jr.
9. FDOT Crosswalk Plans
F. Consent Agenda.
1. Approval of Minutes Regular Meeting February 18, 2009
2. Approval of Red Flag Item - MDG Capital Letter, Arrowhead Reserve
Action: Mr. Rice made a motion to approve the Consent Agenda items, Mr. Olesky
seconded the motion and the items were approved unanimously.
16 II A 10
G. Old Business.
1. The Collier County Habitat Conservation Plan (HCP) Advisory Committee conference
call and proposed workshop.
Mr. Crews made his report referencing letters from regulatory agencies as provided by
Ms. Hushan. He did not think the letters stated that an HCP would result in expedited
development permitting. He further stated that it is his belief that if an HCP is to be
developed it should apply to the entire county no just lmmokalee. Ms. Phillippi
announced plans for an HCP Workshop to be held on April 29 from 9-12 am at a place
yet to be announced.
Action: Mr. Rice made a motion that the CRA and the IMP VC will remain neutral on the
development of an HCP until a better plan is brought the CRA/IMP vc. Mr. Crews seconded the motion
and it passed by unanimous vote.
H. New Business.
1. Land Design Innovations made a presentation of the proposed plazas for the
Immokalee Community. Community input was received, documented and will be
incorporated into the conceptual plan.
1. Citizen Comments.
J. Next Meeting Date. April 15, 2009 at 8:30 A.M.
K. Adjournment. This meeting was adjourned at 9:40 A.M
2
IMMOKALEE eRA
Community Redevelopment Agency
iThe Pl'1ce to C'1II Home!
i6 ,: lA 10
Certification of Minutes Approval Form
These Minutes for the March 18, 2009, CRA Advisory Board/EZDAllMPVC Meeting were
approved by the CRA Advisory Board/EZDAlIMPVC Committee on April 15, 2009, as
presented.
* The next joint Advisory BoardlEZDAJIMPVC meeting will be held May 20, 2009 at 8:30A.M.
at the Career and Service Center located at 750 South 5th 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 lmmokalee and will be
appropriately noticed and announced in advance of such meetings.
All meetings will be publicly noticed in the W. Hannon 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: EWA, 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.
Fiala
Halas
Hennin9-=
Coyle
Coletta
- .'
~ ,~ -l11
-'( ~ 16 I 1 iECEIVED
#).vt~LES OF CAPRI FlRE/RESCUE 13oa"~;C~":ty:oo~"""
ADVISORY BOARD MEETING MINUTES
MAR. 5, 2009
ISLES OF CAPRI FIRE STATION
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman
Ted Decker, Advisory Board Member
Jim Gault, Advisory Board Member
Kevin Walsh, Advisory Board Member
Barbara Shea, Minutes Preparer
ATTENDEES:
I. CALL TO ORDER
Kirk Colvin opened the meeting at 6:35 p.m.
II. OLD BUSINESS
A. Chief's Report.
B. Feb. 2009 Advisory Board Meeting Minutes.
1. Copy of Minutes distributed.
2. Motion to approve Feb. 2009 Minutes by Kevin Walsh.
a. Motion seconded by Ted Decker.
b. Motion carried unanimously.
b. Minutes signed off by Chairman Colvin.
.,/
C. FYIO Budget expectations.
1. County Manager has requested each dept. prepare two FY 1 0 budgets.
a. One budget is to reflect a 15% cut in dept. expenses.
b. One budget is to reflect no change in expense levels from FY09.
c. CM budget guidelines for line items have not been distributed.
d. Our 2 proposed budgets will be reviewed at our April Board meeting.
e. Our 2 proposed budgets will be distributed prior to the April meeting.
f. Our 2 proposed budgets will be submitted to the CM on April 29.
2. A cut of 15% in ICFD expenses would reduce our level of service.
a. Staff would need to be reduced by 2 full-time firefighters.
b. Staff would need to be reduced by 2 part-time fiMigiant$:
c. ICFD would no longer meet the 2 in 2 out NFP A st~dard. 06/ ;).fo 109
d. The ALS Engine Program would be eliminated. Oate._ "\
e. Including EMS, total daily firefighter staffwoul_educed 5 to 2. lto IL~t
3. CM has commented that the level of essential services must tie mamtained.
:cpies to
I.. . I
· 16 11', I,A lit
D. Shoreline stabilization project update.
1. Construction will begin on Monday, March 9.
2. The length oftime for completion ofthe project is unknown.
3. All necessary funds for this project are included in FY09 budget.
III. NEW BUSINESS
A. ICFD is examining impact lee projects.
1. ICFD submitted an RLS to County Attorney to construct a boat dock.
a. Can such a project be 100% funded by impact fees?
b. The dock could hopefully house two boats.
2. Use of impact fees for an addition to the current fire station.
a. The status of land donation by WCI to ICFD is still unknown.
b. WCI in bankruptcy status increases the difficulty of land transfer.
B. The next ICFD Advisory Board meeting will be Apr. 2.
IV. ADJOURNMENT
A. Motion to adjourn the meeting by Jim Gault at 7:25 p.m.
1. Motion seconded by Kirk Colvin.
2. Motion carried unanimously.
./
,>~.<
''':~
Approved: \.
. //"/"-.-.,,...
~.....-------'_..~-_._~.-
Date:
n4 (c) 2/0C]
Fiala
Halas
Henning
Coyle
Coletta
J
, 9f! / Mch 9, 2009
I
16 J 'I ~A 12""
MINUTES OF THE MEETING OF THE COLLIER COUNTY
RECE,\\IE,CtONSERV A TION COLLIER LAND ACQUISITION
~PR ,\) 2009 ADVISORY COMMITTEE
COfl'lfl'\iSsioners
;:>,oard01COUl1t'i Naples, Florida, March 9, 2009
LET IT BE REMEMBERED, that the Collier County Conservation Collier
Land Acquisition Advisory Committee, in and for the County of Collier,
having conducted business herein, met on this date at 9:00 A.M. in
REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier
County Government Complex Naples, Florida with the following members
present:
CHAIRMAN: Bill Poteet
VICE CHAIRMAN: Will Kriz
Marco Espinar
Michael Delate
Tony Pires
Jeffrey Curl
Mimi Wolok
George Wilder
Jeremy Sterk
Thomas Sobczak
ALSO PRESENT:
Alexandra Sulecki, Conservation Collier Coordinator
Heidi Ashton-Cicko, Assistant County Attorney
Cindy Erb, Real Property Management
Melissa Hennig, Principal Environmental Specialist
Christal Segura, Conservation Collier Land Manager
Kirsten Wilkie, Environmental Specialist
Misc. Cooes:
Dale_~~ ~;)lo sQ9
tern #J,tQ I(\ f!rl~
, ',.)
1611
March 9, 2009
A 12
I. Roll Call
Chairman Poteet called the meeting to order at 9:00 AM.
Roll call was taken and a quorum was established.
Mr. Wilder, Mr. Sterk and Mr. Sobczak were welcomed as new members to the
Committee.
Kirsten Wilkie was introduced as a new Staff member.
II. Approval of Agenda
Mr. Espinar moved to approve the agenda with the following addition:
Election of New Chairman and Vice Chairman.
Second by Mr. Delate. Carried unanimously 9-0.
Mr. Pires nominated Mr. Poteet as Chairman of the Conservation Collier Land
Acquisition Advisory Committee.
Mr. Pires moved to close nomination for Chairman. Second by Ms. Wolok.
Motion carried 9-0.
Mr. Poteet retained the Chairmanship
Mr. Pires nominated Mr. Espinar as Vice Chairman of the Conservation Collier
Land Acquisition Advisory Committee.
Mr. Espinar announced he is resigning from the Committee.
Mr. Pires nominated Michael Delate as Vice Chairman of the Conservation Collier
Land Acquisition Advisory Committee.
Mr. Pires move to close nominations for Vice Chairman. Second by Mr. Curl.
Carried unanimously 9-0.
Mr. Delate was declared Vice Chairman of the Committee.
III. Approval of February 9, 2009 Minutes
Ms. Wolok moved to approve the minutes of the February 9, 2009 meeting subject
to the following correction:
Page 4, line 7 from "There are no 4-5 major..." to "There are now 4-5 major...."
Second by Mr. Delate. Carried unanimously 9-0.
IV. Old Business:
A. Real Property Management Update - A - list properties
Mcllvane Marsh. RJS. LLC. - Agreement slated for Committee review next
month.
Unit 53. Red Maple Swamp - Closed on 5 parcels since last meeting.
Camp Keais - Closing in May.
2
16 J >-1 ~A 12
March 9, 2009
Winchester Head - Closed on 1 parcel March 9, 2009 closings continue with 2
agreements provided for Conservation Collier Land Acquisition Advisory
Committee review.
B. Contracts - Winchester Head: Colluccio and Muela
Cindy Erb presented the following Executive Summaries and attached Purchase
and Agreement for Sale:
"Approve an Agreement for Sale and Purchase for 1.59 acres within the
Winchester Head Multi-parcel Project under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $26,750 (Colluccio) " dated March 9,
2009.
"Approve an Agreement for Sale and Purchase for 1.14 acres within the
Winchester Head Multi-parcel Project under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $19,300 (Muela)" dated March 9,
2009.
It was noted the appraisals were in June and July of 2008 and the offers were
accepted in October 2008, however the property owners could not close at that
time.
Mr. Espinar moved to approve the Executive Summary ("Approve an Agreement
for Sale and Purchase for 1.59 acres within the Winchester Head Multi-parcel
Project under the Conservation Collier Land Acquisition Program, at a cost not
to exceed $26, 750 (Colluccio)" dated March 9,2009 and attached agreement.
Second by Mr. Curl. Carried unanimously 9-0.
Mr. Delate moved to approve the Executive Summary ("Approve an Agreement
for Sale and Purchase for 1.14 acres within the Winchester Head Multi-parcel
Project under the Conservation Collier Land Acquisition Program, at a cost not
to exceed $19,300 (Muela)" dated March 9,2009 and attached agreement.
Second by Mr. Espinar. Carried unanimously 9-0.
C. Benfield Rd. and Caloosa Reserve conveyance proposals update
Alex Sulecki noted the following:
Benfield Road - Still awaiting reply from Mr. Levangie (property owner
Representative) regarding elimination of Committee requirement for Phase I
Environmental Assessment. In addition, the properties are in an area under
consideration for County Road improvements, with final locations undetermined
which may be affecting landowner decisions.
Caloosa Reserve - A Real Estate Agent representing the property owner
indicated they are still interested in conveying to the Program, but are working out
financial details.
V. New Business
A. Cycle 7 - New Applications
3
16 l}i A 1~2
March 9, 2009
Alex Sulecki noted the Program receives applications for parcels in the following
manner: Landowner application, nominations of lands from owners/outside
parties and Outreach from the Conservation Collier Program. Once nominated
the Committee completes a Review to determine if the property meets the Goals
of the Program and should be moved forward for an Initial Criteria Screening
Report.
Alex Sulecki presented a slideshow on the nominated properties noting the
following:
City Gate
· The property is 16 acres in size and located east of Collier Blvd and
North of 175
· It is adjacent to 20 acres of Collier County mitigations lands for the Solid
Waste Resource Recovery Plant, which may be transferred to
Conservation Collier.
. The property owners propose to donate the parcel to the Program.
. The property is part of the City Gate's development and part of lands
associated with a Habitat Conservation Plan (HCP) and Incidental Take
Permit.
· In accordance with the HCP, the property is slated to be encumbered by a
US Fish and Wildlife Service Conservation Easement.
· Due to the presence of listed species (Red Cockaded Woodpecker) US
Fish and Wildlife Service permit staff recommends public access to the
property be limited.
· The owners are willing to provide a Management Plan, associated
funding and remove the existing "exotics" on the parcel.
Paeanes
· The property was nominated on the last Cycle, but the Board of County
Commissioners placed it on the "C-list" due to structures located on the
property.
· Mr. Paganes is willing to sub-divide the parcel and transfer the portion
without structures to Conservation Collier.
· Mr. Paganes may be willing to remove the structures, if required.
· He may consider a "life estate" proposal if necessary.
It was noted County-zoning requirements may prohibit sub-dividing the property
into smaller acreage lots.
Barron Collier Investments
· Two properties associated with the nomination, one adjacent to the
Pepper Ranch property to the South (235 acres currently utilized for cattle
ranching).
· Other property is approximately 799 acres and part of an application for a
Stewardship Sending Area under the RLSA Program.
Discussion ensued on the following:
4
16 " I "12'
March 9 2009 11
,
· On City Gate, some members questioned any positive benefit to the
taxpayers of Collier County for the parcel as it may be placed in a
Conservation Easement because of development applications.
· Other members noted with the addition of the adjacent Collier County
properties, 36 acres could be placed under Conservation Collier control.
Mr. Espinar and Mr. Sterk stated they had a conflict of interest with City Gate
parcel and would not be voting in the issue.
Heidi Ashton-Cicko, Assistant County Attorney requested a "conflict of
interest form" be filled out and submitted to Staff.
It was noted the Conservation Easement is still in negotiations with the US Fish
and Wildlife Service and Conservation Collier should not influence these
negotiations via the receipt of an application for acquirement.
On Barron Collier Investments, the 235-acre parcel was the parcel involved in the
undisclosed easement issue with the Pepper Ranch property and if purchased by
the Program the previous easement granted would be extinguished.
Ms. Wolok moved the Committee continue to consider the Barron Collier
Investment parcels. Second by Mr. Espinar. Carried unanimously 9-0.
Chairman Poteet moved the Committee proceed to "look at" the City Gate
parcel. Second by Mr. Wilder. Motion carried 6 'yes" -1 - "no" with 2
abstentions..
Ms. Wolok voted" no." Mr. Sterk and Mr. Espinar abstained.
Alex Sulecki requested clarification if the Program should consider the Collier
County parcels adjacent to the City Gate property.
Mr. Delate moved to consider the Collier County parcels adjacent to the City
Gate parcel. Second by Mr. Curl. Motion passed 8 'yes" -1 "no." Ms. Wolok
voted "no. "
Ms. Wolok moved to table the Paganes parcel pending additional information.
Second by Mr. Delate. Carried unanimously 9-0.
B. Cycle 7 Targeted Outreach
Alex Sulecki noted the Outreach Subcommittee recommended the following
properties be considered highlighting the following:
Properties South of Winchester Head
. Would assist in connecting flow ways.
· 39% of the parcels within the Winchester Head multi parcel acquisition
project have been acquired to date.
· The parcels may be valuable for stormwater management in the area.
5
16 I tri' \
March 9 2009 . A 12
,
The other parcels recommended by the Outreach Subcommittee are:
. A parcel adjacent to the Brochu Preserve.
. The Wozniak parcel located at the Southeast Corner of Logan Woods
previously on the "A-list."
. Parcels adjacent to the Oettig/Freiting/Joyce Preserve in Horsepen
Strand.
. Parcels located adjacent to the Nancy Payton Preserve.
. Parcels adjacent to County Schools in North Belle Meade, etc.
Properties South of Winchester Head
Mr. Pires moved to direct Staff to send out Outreach letters to the landowners
identified south of the existing Winchester Head Multi parcels targetedfor
acquisition.
Without a second the motion was not considered.
Discussion ensued on the rationale for targeting these properties as only 39% of
the existing Winchester Head properties have been acquired and this would be
initiating another multi parcel project.
It was noted new appraisals are forthcoming with potentially lower appraised
values and the cost of acquiring these parcels would be "minimal."
The Committee sought clarification, the status on the amount of funds available
this year for purchase within the Program.
Melissa Henning, Principal Environmental Specialist noted approximately
$3.2M is projected to be available. She will provide an update on the status of the
funds at a future meeting.
Ms. Wolok moved to not send Outreach letters to the owners identified south of
the existing Winchester Head Multi parcels targetedfor acquisition. Second by
Mr. Delate. Motion carried 8 'yes" - 1 "no." Mr. Pires voted "no. "
Adiacent to Brochu
Mr. Delate moved to direct Staff to send an Outreach letter to the adjacent
property identified. Second by Ms. Wolok. Carried unanimously 9-0.
Wozniak
Some members questioned the feasibility of acquiring the parcel due to the high
cost of the property with the sole benefit of providing aesthetic qualities for pass
by highway traffic.
Others noted this property provides visibility in the urban area, the property was
previously on the "A-list" with the offer rejected by the property owner and it
assists in providing geographic distribution of properties within the Program.
Mr. Espinar moved to not send an Outreach letter to the owner of the Wozniak
parcel. Second by Mr. Delate. Motion carried 5 'yes" - 4 "no." Mr. Curl,
Chairman Poteet, Mr. Pires and Mr. Sobczak voted "no. "
6
16 r~l A 12
March 9, 2009
Adjacent to the Oetti2/Freiting:lJovce Preserve
Mr. Espinar moved to direct Staff to send Outreach letters to the adjacent
landowners identified South of 62nd A ve and between 6(jh and 62nd Ave. Second
by Mr. Curl. Carried unanimously 9-0.
Adjacent to Nancv Payton Preserve
Chairman Poteet moved to direct Staff to send an Outreach letter to the
adjacent landowners to the East as identified by Staff. Second by Mr. Delate.
Carried unanimously 9-0.
Adjacent to Schools
Mr. Espinar moved to not send Outreach letters to the landowners adjacent to
schools as identified by Staff. Second by Mr. Sterk. Motion carried 8 "yes" - 1
"no." Ms. Wolok voted "no."
C. Milano Property Final Management Plan
Christal Segura, Conservation Collier Land Manager submitted the "Milan
Preserve Land Management Plan, Second Draft" for approval.
Staff may be applying for a Grant ($250,000) to fund a proposed boardwalk. It
was noted Staff could approve funding construction of the boardwalk; however
the Committee should review the expenditure for approval.
Discussion ensued on the feasibility of coordinating Management Activities with
adjacent properties to the north and west and providing a statement addressing it
in the Management Plan.
Ms. Wolok moved to approve the" Milano Preserve Land Management Plan,
Second Draft" subject to the understanding if Option #2 as outlined on Page 43
is chosen (construction of a boardwalk) or any other capital expenditure is
proposed it be approved by the Conservation Collier Land Acquisition
Committee. Second by Mr. Pires.
Ms. Wolok moved to amend the motion to include the language in the original
motion and in addition,
Page 39, Action item 2.1, and paragraph 2, line 9 is amended to read: "Wildlife
sampling of non listed species, like plant sampling,"
Second by Mr. Pires. Carried unanimously 9-0.
D. Outstanding Advisory Committee Member Program
Marco Espinar was chosen as Outstanding Advisory Committee member for
February 2009.
7
:i611' A 12
March 9, 2009
It was noted the Committee is subject to the Sunshine Law and Colleen Greene,
Assistant County Attorney, will be providing a presentation on the Law at a future
meeting.
E. Coordinator Communications
There will be a Community Conservation Celebration at Mackie Park on Marco
Island on Saturday March 14,2009. Conservation Collier will be participating in
the event.
The Nature Conservancy, Defenders of Wildlife and Friends of Florida have
released a study ''The Economic Benefits of Land Conservation: A case for
Florida Forever" which may be accessed by the Committee via an internet link
provided by Staff.
F. Subcommittee task review and membership renewal
Alex Sulecki presented the document "Conservation Collier Subcommittees"
dated March 2009. The Subcommittee memberships were assigned as follows:
Outreach - Mr. Curl, Mr. Pires, Chairman Poteet and Mr. Sobczak.
Lands Evaluation and Manaeement - Ms. W olok, Mr. Sterk, Mr. Delate, Mr.
Sobczak and Mr. Wilder.
Ordinance Policy and Procedures - Mr. Curl, Ms. W olok, Mr. Pires and
Chairman Poteet.
VII. Sub-Committee Meeting Reports
A. Outreach - Tony Pires, Chair
The Subcommittee continues to work on the brochure and has developed a
concept for signage for the Conservation Collier properties. It was noted the
Communication Department has approved the "logo" utilized in the signage. It
was also noted that each preserve will have a unique icon associated with it that
will be presented on the preserve sign.
Chairman Poteet moved to accept the design concept presented by Staff for the
Otter Mound Preserve sign. Said design concept to be utilizedfor all
Conservation Collier Preserve signs. Second by Mr. Pires. Carried
unanimously 9-0.
B. Lands Evaluation and Management - Marco Espinar, Chair
The Subcommittee met to develop the Milan Management Plan approved today
and discussed public access opportunities for Conservation Collier properties.
C. Ordinance Policy and Procedures - Chair - pending election
Mr. Curl noted the Subcommittee met and discussed how to prevent the issue
that arose with the Pepper Ranch undisclosed prescriptive easement. (The County
Manager directed staff to send a letter to surrounding property owners requesting
8
-
) i161 j',A 12
March 9, 200't
disclosure of access issues.) The County Attorney's Office is reviewing a
proposed letter for adjacent property owners for use by the Program. In addition,
the application and related checklist are under review for possible improvements
in the area.
VIII. Chair Committee Member Comments
Alex Sulecki noted pertinent emails received in reference to applications received for
the Program are stored as a "hard copy" in the file.
The Committee noted Mr. Espinar's resignation, and outstanding service to the
Committee.
IX. Public General Comments
None
X. Staff Comments
None
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:57 A.M.
Conservation Collier Land Acquisition Advisory
Committee
Bill Poteet, Chairm n
These minutes appr':)ll<'d by the Board/Committee on J- 13- 07
as presented V or as amended .
9
RECEIVED
APR 2 0 2009
~~i:s ~w-- 1 ' ~~-,'1,A(1 "7<--
Henning -('.v; / tr rI 11 ~
Coyle ~ t! lW-'
Coletta .
COLLIER COUNTY LI RA~Y ADVISORY BOARD
Wednesday, April 15, 2009 at 10:00 a.m.
Board of County CommISSioners
Golden Gate Community Center - Wheels
AGENDA
Call to order
Approval of Minutes
Literacy Program Report
Discussion of Status of Old GG Library Bldg.
Report of Officers
Communications
a - Written
b - Personal
Unfinished Business
1. Employee of the Month - April
2. South Regional Library Staffing
3. Proposed Library Hours
New Business
a) New Library Board Member Recommendation
General Considerations
Director's Report
Report of the Friends
Adjournment
Misc. Corres:
D"-"-
16 11 I A 1:3
...
March 18, 2009
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 10:00 a.m.
in the Headquarters Library with the following members present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Loretta Murray
Connie B. Hennink
Shelley Lieb
,
';
I
.
ALSO PRESENT: Marilyn Matthes, Library Director
Linda Fasulo, Executive Director, FOL
Roberta Reiss, Literacy Coordinator
Luz Pietri, Admin. Assistant
APPROVAL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of February 18, 2009. There being none,
Mrs. Lieb moved seconded by Mrs. Murray and carried unanimously, that the minutes be approved as
submitted.
LITERACY PROGRAM REPORT
Mrs. Reiss reported that the Volunteer Appreciation Party had been very successful. She also stated
that there will not be any tutor recruiting for a while in order to focus on support of present tutors and
on Outreach activities.
REPORT OF OFFICERS - None
COMMUNICATIONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library Employee of the Month.
Mrs. Hennink moved, seconded by Mrs. Lieb and carried unanimously, to select Susan Petr, Children's
Librarian at Naples Regional, as EOM for March 2009.
Mrs. Matthes stated that 5 applicants have applied for the Supervisor position at the South Regional
Branch. Also, two Library Assistant jobs were advertised. These will be hired through the Job Bank.
There will be an art display at this branch. Selection of art work will have prior approval by the Library
Board. The furniture is expected to arrive on April 2ih. The Grand Opening has been scheduled for May
15th at 10:00 a.m.
As for the EnvisionWare software, it's now working better and as soon as it is installed in the rest of the
branches, charges will start at $5.00 for a 30-minute session for those patrons without a library card.
161'11A 13
Mrs. Matthes discussed the proposed hours and policy changes with the Board. Mrs. Lieb then moved,
seconded by Mrs. Hennink and carried unanimously, to recommend approval of proposed changes to be
effective on May 1, 2009.
In reference to the Rose Hall project, Mrs. Matthes reported that the groundbreaking has been set for
April 30, 2009 at 10:00 a.m. Construction bids came in at almost half the cost of the previous ones. The
project should be completed in approximately six months.
NEW BUSINESS
Mrs. Lewis had sent a memorandum to Sue Filson, Executive Manager of the Board of County
Commissioners, asking for clarification of the LAB's role if only one application was received and if there
was an opportunity for a larger applicant pool before making a selection. The Board also wanted to
know if it was acceptable for Board Members to be appointed to more than one County committee.
GENERAL CONSIDERATIONS - None
DIRECTOR'S REPORT
Mrs. Matthes explained in detail the possible scenarios in regards to service cuts and library branch
closings if further budget cuts are required.
REPORT OF THE FRIENDS
Mrs. Fasulo reported the following: The Marketing Committee has been very active in trying to develop
attractive presentation materials about the Friends and what they're all about. Macy's has offered the
Friends a table in their store to recruit members. For National Library Workers' Day, the Friends are
planning to give all the Library workers a free lunch. The car ruffle at the Marco Island Library was very
successful. It netted $35,000. Mrs. Fasulo has invited the Library Board members to attend the Friends
meetings anytime. Software conversion of members' database is now in process. Bill Forbes, a member
of the Friends is working on a Fact Sheet in Spanish. The next meeting of the Friends will be held in
October 2009.
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Mrs. Murray moved,
seconded by Mrs. Lieb and carried unanimously, that the meeting be adjourned. Time: 11:45 a.m.
Approved by:
'\ 0 .
9\01' ~. ~
Doris J. Lewis
Chair, Library Advisory Board
r""EiVED
APR 1 1 2009
Fiala
Halas
Henning
Coyle .
Coletta
I
tr~ 14
Board of County eommission.ers
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PARKS AND RECREATION ADVISORY BOARD
Naples, Florida, March 18, 2009
LET IT BE REMEMBERED, that the Collier County 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: John P. Ribes
VICE CHAIRMAN: Edward "Ski" Olesky
Frank Donohue
Barbara Buehler
Paul Nyce
Kerry Geroy
ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith, Parks and Recreation
Tony Ruberto, Sr. Project Manager
Tona Nelson, Sr. Administrative Assist.
Sidney Kittila, Operations Coord. Misc. Corres:
Peg Ruby, Parks and Recreation
1
. '; jd
March 18, 2009
I. Call to Order
The meeting was called to order at 2:04 PM by Chairman Ribes.
16 11 ') 14
II. Pledge of Allegiance and Invocation
The Pledge of Allegiance was recited and Invocation was held.
III. Approval of Agenda
Ms. Geroy moved to approve the agenda subject to the following changes:
Item V. New Business
3) New Member Application
4) Dave Saletko Filed usage at Pelican Bay Park
5) Florida Statutes 112.313(3) - County Attorney's Office/Colleen Greene
6) Wiggins Pass Issue
Second by Mr. Olesky. Carried unanimously 6-0.
IV. Approval of February 18, 2009 minutes
Mr. Olesky moved to approve the minutes of the February 18,2009 meeting. Second by
Ms. Geroy. Carried unanimously 6-0.
V. New Business
1) Directors Highlights - Barry Williams
. A Grand Opening was held for Port of Isles Marina. Fish cleaning is allowed
at the docks of the facility. The Florida Department of Environmental
Protection prohibition of fish cleaning station "over water" continues to be an
issue addressed by all parties (fishing community, etc.)
. The Department has been directed by the County Manager to prepare a budget
which indicates a 25% percent decrease over the previous fiscal year. The
Programs slated for elimination will be identified and prioritized to assist in
funding considerations as Department moves forward.
2) January Employee of the Month
Jean A. Benoit was selected as employee of the month for January. He provided an
overview of the "Youth Basketball Program" which provides children ages 6-12 with
coaching and instruction. The Program also promotes tournaments for area high
schools and is conducted at the North Collier Regional Park.
3) New Member Application
The Board reviewed an application for new membership submitted by Dave Saletko.
He has resided in Collier County for 30 years and has a strong passion for sports
including baseball.
Mr. Donohue moved to recommend to the Board of County Commissioners Dave
Saletko be appointed to the Parks and Recreation Advisory Board. Second by Ms.
Buehler. Carried UIUIIIimously 6-0.
4) Dave Saletko - Field usage at Pelican Bay Park
2
1~JJ2oJ 14
Dave Saletko noted he had previously addressed the Parks and Recreation Advisory
Board requesting the area of Pelican Bay Park that was utilized for "pick up" baseball
and sodded over last fall be returned to its previous condition similar to a conventional
baseball diamond (or with dirt around the bases and pitchers mound). Based on that
presentation, the Parks and Recreation Advisory Board directed Staff to review the
feasibility of returning the field to this condition. He has been notified Staffhas
determined to leave the area sodded over.
Barry Williams stated Staffhas reviewed the issue and the fields have been designated
for all purpose use (lacrosse, soccer, baseball, etc). They have decided the area should
remain sodded over. The area is still available for baseball use with the base paths
identified by "chalking." He noted Staff did consider the Parks and Recreation
Advisory Board request. The fmal decision was a Department Operations and
Maintenance issue, and not within the purview of the Parks and Recreation Advisory
Board.
5) Florida Statutes 112.313(3) - County Attorney's Office/Colleen Greene
A document was submitted entitled "Ethics Overview for the Paries and Recreation
Advisory Board" and "Advisory Board Guidelines for Public Records and Emails"
dated March 18, 2009.
Colleen Greene provided an overview of the documents. If any questions arise in this
area, Advisory Board Members or Staff should contact the County Attorney's office for
assistance.
6) Wiggins Pass Issues
Mr. Donohue stated a member of the boating public had advised him that he had run
aground boating in Wiggins Pass. It was noted dredging of the Pass had just been
completed, however the boater was told by the dredging contractor the area in question
was not dredged. At the time of the dredging, the contractor informed the County it
could be dredged for an additional $6000, however the County declined the offer.
Barry Williams stated he would contact Gary McAlpin, Coastal Zone Management
Director for an explanation on the matter.
VI. Old Business
1) Non-Ethanol Gas at the County Marinas - Murdo Smith
The Board reviewed the Executive Summary "Recommendation that the Board of
County Commissioners approve past expenses for non-ethano/ gasoline for County
Paries & Marinas. "
Murdo Smith noted the gasoline containing ethanol causes significant problems with
boat engines. The County decided to convert to selling non-ethanol gasoline at
Marinas, however purchasing of this type of gasoline was not part of the original
purchasing contract. The Parks and Recreation Department is requesting re-
imbursement for the "out of pocket" costs of purchasing the non-ethanol gasoline
before the Purchasing bidding policy was amended.
VII. Recreational Highlights - Summer Recreation Guide - Peg Ruby
3
16ulhl~. 9A It,:
An update was provided on previous and upcoming events at Sun N Fun Lagoon and other
area Parks. The Board reviewed the Parks and Recreation Department summer publication
for the R.E.A.L Guide (Recreation/Education/Activities/Leisure Guide).
VIII. Capital Project Highlight-Golden Gate Community Park Water Slide - Tony Ruberto
An update was provided on the construction of the new Water Slide proposed for Golden
Gate Community Park. The improvements are slated to be completed by June 1, 2009.
IX. Informational Items
Submitted
It was noted the boat ramp trip statistic indicates the number of "launches."
X. Adopt a Park - John Ribes
Chairman Ribes visited the Parks listed below and noted, in general they are in good
condition and Staff's Operation of the Parks is to be commended. He noted, in all
facilities, the County should consider upgrading the signage, drinking fountains and
benches as they are starting to show signs of wear and tear. Staff should consider
implementation of a re-occurring landscape maintenance review program for the facilities.
He submitted a written report and highlighted the following:
· Pelican Bay Community Park - Some of the fencing is in need of repair.
· Vanderbilt Beach Access - Overall aesthetic quality of the area is poor and
consideration should be given to improvements in this area.
· Vineyards Community Park - The waterscape area is in need of
improvement; it was noted there is a capital project scheduled for renovating
this area
· Sudgen Regional Park - Improved entrance signage is recommended.
XI. Public Comments
None
Meeting Attendance
All present
There being no further business for the good of the County, the meeting was adjourned
by order of the Chair at 3:20 PM.
COLUER COUNTY PARKS & RECREATION ADVISORY BOARD
These Minutes approved by the Board/Committee on 4. I If . 0 ~
as presented )( or as amended_
4
16 I lA 1 s/
RECE\VEO
MAY 0 , 2009
TRANSCRIPT OF THE MEETING OF THE
PELICAN BAY SERVICES DIVISION
MANAGEMENT REVIEW COMMITTEE
Naples, Florida - March 23, 2009
Fiala
Halas
Henning
Coyle
COletta
~. t! /tM3;{
/
Board of County commiss1cl'lers
LET IT BE REMEMBERED, that the Pelican Bay Services Division Budget Committee, having conducted business
herein, met on this date at the Hannnock Oak Center, 8962 Hammock Oak Drive, Naples, Florida, with the following members
present:
Mary Anne Womble, Cbairwoman
GeoffGibson
Jeny Moffatt
Also Present: Jack Curran, Collier County Purchasing Dept~ Kyle Lukasz, Field Operations Manager and Mary McCaughtry,
Recording SecretaIy, Pelican Bay Services Division.
AGENDA
1. Roll Call
2. Approve Minutes of 1-26-09 and 02-12-09 Meetings
3. Audience Participation
4. Organizational Meeting with Jack Curran to Receive Bids
5. Committee Requests
6. Audience Comments
7. Adjourn
ROLL CALL
CHAIRWOMAN WOMBLE: MaIy, we are all present as are Jack Curran and Kyle Lukasz, and yourself
MS. MCCAUGHTRY: Yes Madam Chair, thank you.
CHAIRWOMAN WOMBLE: Of course. Okay_ We need to approve the minutes, thank you,. of Janwuy 26. And I guess
we better do it independently. Do I have a motion to approve the minutes of Janwuy 26,2009, of the Pelican Bay Service Division
Board Committee for Management Review?
MR. MOFFATT: So movetl
MR. GIBSON: I read through it. They're fine.
CHAIRWOMAN WOMBLE: May I have a second?
MR. GIBSON: I'll second.
CHAIRWOMAN WOMBLE: Okay. All in favor?
MR. MOFFATT: Aye.
MR. GIBSON: Aye.
89
~'1
tl.f
MANAGEMENT REVIEW COMMITTEE MEETING
MARCH 23. 2009
16 L1J\ 15
Mr. Jerry Moffatt moved, seconded by Mr. Geoff Gibson and approved
unanimously the Minutes of the January 26, 2009 nreetUtg.
CHAIRWOMAN WOMBLE: Aye_ Opposed? Okay_ Passed That one's good. All right And we also have the minutes
to approve from the February 12th meeting, and I believe that was the real quick one that we bad? All right May I have a motion
to approve the meeting on February 12th minutes?
MR. MOFF ATI: I move that the minutes ofFebmary 12th be appiOved.
MR. GffiSON: I'll second.
CHAIRWOMAN WOMBLE: All in favor?
MR. MOFFATI: Aye.
MR GffiSON: Aye_
Mr. Jerry Moffatt moved, seconded by Mr. Geoff Gibson and approved unanimously
the Minutes of the February 12, 1009 meeting.
AUDIENCE PARTICIPATION
CHAIRWOMAN WOMBLE: Aye. So approved Okay. Audienre participation. All right. And now we have our
meeting with Mr. Curran to receive bids and discuss_ Mr. Curran,. may I give you the ftooI?
MR CURRAN: Thank you, Madam I mentioned in an e-mail, we sent out 138 notices to companies that requested a
packet, which 66 of them downloaded our packet, reviewed or asked questions. We've bad three vendors send us what we call a no
response bid due to commitments, time and constraints- They were unable, they said they couldn't match the bid for us. So of that,
we still received four, which is very good. I don't think we've had that many for this particular fundion even back in the first year.
So this is encouraging_ I reviewed the proposals_ 1 needed to make sure that they had the declaration statements, conflict of
interest, insurance, proper insurance, and I reviewed them and all the finns did, one fino cla.itnOO local vendor preference, but he
had no license in there, so I couldn't ascertain if he was qualified So he did bring the license to me_ And he is qualified and is in
there. And all that means is that he gets ten points that's on there_ Otherwise, we're mnning a slrnight 90. You have the four finns
that proposed and now what we need to do today review them And then we will sit doWR And there's two ways we can go with
this. One is you can take those back, review tl1enL We meet again in, say, ten days, and at that time, you can decide if you want a
90
MANAGEMENT REVIEW COMMITTEE MEETING
MARCH 23. 2009
1611
LIS
presentation from all four firms or do you want to, based on what you have. score your finns to do what we call a short-list. we'll say
for two of the fOUT. And of the two of the four, we would like our presentations on a certain date,. which I can set that up for you.
Or you can say today that I want to read these and we1l get together, electronically set up a date and have all the finns come in and
do their presentations. And again. that decision is if we do that. do you want them together? Normally, what I do with the
presentations, in this case we do four. I schedule one for 45 minutes, and the panel takes a break, and the next one comes in for 45
minutes and then the break. And we do them all the way throogh to get them finished At the end of the last one, usually, the
committee sits down and does a final selection and ranks them one, two, three and four.
OIAIRWOMAN WOMBLE: As I
recall, we were charged with soliciting or selecting a top number, and then presenting them to the entire board I believe that's how
we need to go about this.
MR. CURRAN: Okay. Either way is fine with me. Normally, when our group short-lists a munber one firm and number
two, it's usuaI1y the number one that we take. in our case to the board
CHAIRWOMAN WOMBLE: Automatically.
MR. CURRAN: And recommend that the board approve them as the vendor to be awarded. But in our case here today, I
think you said you would like to have the person come in fiont of the boanI, before the board
CHAIRWOMAN WOMBlE: Ycs_
MR. CURRAN: And either way, I just need to know so we can set dates and make sure the finns are here_ Do you wish
to proceed with short-listing and then going to the board with a two short-list, three short-list, or do you want to have all of them go
to the board?
MR. MOFF A1T: fm not sure we can answer that until we look at the proposals_
MR. GIBSON: That's kind of where I was at How do you feel? I mean, you're an expert in this area
MR. CURRAN: Well, I really believe that you should take say ten days. that's my standard, but shorter or longer works
and I think you really should review these and then tell me "I really want pn:sentations from" _ If you think there's some problems
there that really does not meet our expectdions, and you say, you know, I'm not going to score them high. then when we get
together, we can say, let's short-list and we'll take the top two or three to the board. 1bere may be things in there that you're looking
for that you just don't see or they're not what you want. We can short-list them out and that's sort of like culling the field so you're
sending the top to your full board to see which one of those win. But you really need to look at these and see if they all meet YOW'
expectations, they have the experience that you want. And they all put a cost estimate in there and they run the gamut, so ifyou1l
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take a look at the cost.
MR. MOFFA IT: Any costs exceed the cap to go to the commissioners?
MR. CURRAN: Today's world, it's anything over 50,000 they're supposed to see.
MR. MOFFA IT: All right. But do any of these exceed 50,0001
MR. CURRAN: Yes, they do, but it's also ~ on an hourly rate. If some of them do not have that many hours, they
won't have that dollar. Some of them are stating they want to a person to two assistants, and that can be cut out and eliminated.
But it's an estimate_ They're not locked into it. We told them to do this job, what they read in here, based on their experience, what
would they feel the cost would be to us_
CHAIRWOMAN WOMBLE: Do you have a form that we can be utilizing personally to do this, and then when we get
back together again we can kind of come up with that
MR. CURRAN: Yes, I do. I have a new tecbnician. and she's really trying hard I think she forgot to give them to me. I
will have to send that to YOlL Here's the scoring sheet. Nonnally, I have them with us.
CHAIRWOMAN WOMBLE: Well,just e-mail it to us_
MR GIBSON: I think thats a good idea to have a comment form
MR. CURRAN: It is. It's a scoring sheet and it lists all your categories that we're scoring on, and this scored. the points.
And you have room to put all yourfinns in there. Nonnally, what I recommend to the folks at the meeting like today, I recommend
to them that they fill it out in pencil so that when you have your final meeting, after diswssion, you can change them. I have a lot
of erasures in meetings_ So now what I do is I bring you a fiesh set at the day of the meeting.
CHAIRWOMAN WOMBLE: Ifyoulljust e-mail those_
MR. CURRAN: That's my fault I asked her if eveJything was ready, and she said I have everything in there for you.
You are really ready, and I didn't check so I apologize. But I can say this none of these companies have a bumie, which is good.
We've had what we call humies_ A humie is an evaluation system the county started about five. six years ago_ Every year, at 'the
end of a contract, the group working with that person, like Kyle has a contmct out, he would do a humie, an evaluation of that
service, and the vendor gets to respond back and so most people ::t~JlOf', when we say bumies, we're talking it's a bad evaluation.
That's not necessarily true_ But they're supposed to put them in whether they're good or bad, and it seems like they only use it when
it's bad. So there was no bumies. That's the good part If they did really good work and they did work for the county, we have no
reference of it So that means no humies, no nothing_ I will get these score sheets to you.
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MR GIBSON: As a suggestion, Maly Anne, if I may chirp up here.
CHAIRWOMAN WOMBLE: Please.
MR GIBSON: It seems like we're having tbis meeting to schedule another meeting.
CHAIRWOMAN WOMBLE: Yes.
MR. CURRAN: Yes. that's all this one is for.
MR. GIBSON: We have the boanl meeting on the 1st at I :00. We have a 3:30 budget meeting. Rather than wipe out
another day out of our lives or carve one up, perhaps the morning of the 1st So that we just call it a PBSD day and get some of tbiE
stuff out of the way. 1 just toss it out as a suggestioa fm flexible to a rertain degree_
CHAIRWOMAN WOMBLE: Is there a way to get a room, do you think. Maly, maybe upstairs or something?
MS. McCAUGHIRY: I'll have to check with Margaret
CHAIRWOMAN WOMBLE: Okay
MR. GIBSON: Do you see what I'm saying?
CHAIRWOMAN WOMBLE: Yes.
MR. GIBSON: The morning, since the day is shot already for me.
MR. MOFFATI: Now, when you're saying morning, what are we talking about doing?
CHAIRWOMAN WOMBLE: Well, the three of us will get together_
Mr. GIBSON: We have a board meeting. yes, at 1:00. We have a budget meeting review at 3:30. Why not meet with you
in the morning, let's say.
MR. CURRAN: 'That's fine_ I wasn't sure that you wanted to have your vendors come ia
MR. MOFF ATI: I don't know yet I'm just saying let's pick a date and then work from there. That gives us six days, one.
two, three, four, five, six days to read these and come up with an opinioa
MR CURRAN: That's where I was go~ Some of the vendors told me that the first week. of April, they'd be taking their
children out of town. So they wouldn't be availabIe_
CHAIRWOMAN WOMBLE: Wen, this would be a perfect time:for us to have a meeting and discuss, among the three of
us, if we can cut it down to two. Or if not, then well call you and say, hey, Jack, could you get these people back here for a
presentatioa
MR. CURRAN: I can come to the first meeting. That's not even an issue. I was more concerned if I had to get tho
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vendors, I wasn't sure I could get them here for your meeting_
CHAIRWOMAN WOMBLE: No_
MR MOFFA IT: Well, we don't know tbat until we watcb tbese_
MR. CURRAN: That's fine. I brought my calendar and I made SDre_ The 1st, rm oj[ My calendar is clean. and that's a
day off to me. What time would you like to make it?
CHAIRWOMAN WOMBLE: That will be up to finding a room, because we're sunshine law, so we have to meet in the
sunshine.
MS. McCAUGHfRY: I would think it's probably not going to be too much of a problem, being as they have us for the
rest of the day anyway, but what time would you like me to try if it's just open in the morning?
CHAIRWOMAN WOMBLE: Do you all want to do something at...
MR. GIBSON : You pick it We can meet and then go to lunch somewhere. We can't meet at hmcb, I know, but...
MR MOFFA IT: I think we can go to lunclL We just cannot discuss this.
MR GIBSON: lbat's true.
CHAIRWOMAN WOMBLE: Shall I make it like at II?
MR MOFF AIT: That should be enouglL
CHAIRWOMAN WOMBLE: Does that give us enough time?
MR. GIBSON: I don't know.
MR. MOFFAIT: 1O:30?
CHAIRWOMAN WOMBLE: It all depends on bow we feel about the information. 10:30 is probably better.
MS. McCAUGHfRY: I'll shoot for 10:30 on the 1st then, and see what we can get
CHAIRWOMAN WOMBLE: Okay.
MR. MOFFAIT: When can you find out?
MS. McCAUGH1RY: I will call Margaret as soon as I get back.
MR. MOFFAIT: Margaret's not here?
MS. McCAUGHIRY: I don't know. I'll see if she's here.
KYLE LUKASZ: I mean, 1 don't know where her office is-
MR. GIBSON: Well, I tell you, we'll earn our money on the 1st, won't we?
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MR MOFF AIT: Yes, that's April Fool's Day. It's kind of appropriate_
CHAIRWOMAN WOMBLE: That really is, too, appropriate_
MR. MOFFA IT: Jack, is this a typical submission, this fonn? Do you have a hard copy?
MR. CURRAN: Yes.
MR. MOFFA IT: There's not a lot of material in here.
MR. CURRAN: No. Wbattheynormallydois___
MR. MOFFA IT: You have all your boilerplate crap, but. _.
MR. CURRAN: WelL what they're doing is they're signing the fonus and sending them back. But you should be
interested in one through six, I think. It's supposed to be like what we asked fOT in our 1abs. business plan. sumrruuy, a cost
estimate, what are they going to do OT how are they going to do the job here and what they charge_ And that's why we went to the
CD. You'll see on the CD, some of them have some really colorful brochures and pictures. And we discouraged that as much as we
can in the book, because we really want you to read what they're giving you.
MR. MOFFA IT: Oh. So even on this, there could be more on the CD than there is here?
MR. CURRAN: There could be. There could be. It's not supposed to be. They're supposed to be identical, but I viewed
some of them and they seemed different
MR MOFFA IT: All right.
MR. CURRAN: Some of them will put it on a moo letterhead. Some of them will just submit and I know one of them is
like almost handwritten notes_
MR. MOFF AIT: So who do we have here that you look at? We read Dorrilt
MR. CURRAN: You have District Offia:s, lLC We had Dorrill Management Group. We have RG. Harris
Construction Corporation, and SKS Consulting_
MR. GillSON: The construction one actually does this kind of WOIk?
MR. CURRAN: Yes_ AccoIding to him, he came to our preproposal meeting also. He states that he has a construction
company and he does management of complexes that he builds in otber places. He was the one that has the local vendor
preference, because he's out of, I think, Marco IsJand.
MR. MOFF AIT: Marco, yes. Well, Dorrill sbould have local vendor prefereoce_ Isn't his office at the Strand? Or does
he just do a lot of work at the Strand?
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CHAIRWOMAN WOMBLE: Well, now, it does say Naples, Florida. Strand Court.
MR CURRAN : Yeah. but under, I tbink it's tab eight, is where they're supposed to submit all their documents to us. It
should be in there. There's two things with local vendor_ They need to A) they need to submit the form to be qualified., and B) they
need to have their license at least one year prior to applying with us, which, if he's in the Strand, he's been in business for a year,
then he should have put it in, and he may have. 1bere it is_ See. there's nothing checked.. He does have something here, but dated..
MR.. MOFFATI: Established business in Collier County, '99_
MR CURRAN: And he did notarize so that means yes, he does have local vendor.
MR GIBSON: Even though he didn't check the IXK
MR CURRAN: Yes. She gave me eveJytbing for the next meeting. She's a meeting ahead of us. It seems like that's all
I've been doing for the last couple of meetings is apologizing_
MR MOFFA TI: I was wondering if this is typical of what we're going to see on the disk, they are not going to take that
much time to review it
MR CURRAN: It really is. The only thing you're going to find on the disk tbat I found is one of them is organized. the
next one is just searching everywhere to read the information to find out what's in there.
MR.. MOFFATI: Okay_
MR CURRAN: I tried to stress this...
MALE VOICE: Is it fair to ask you. Jack, if you, with your professional opinion. having looked at all of these, have any
that jump out at you as, boy, this guy or this gaI, whatever, this group bas their stuff together?
MR CURRAN: It would be fair, but I can't answer it. The reason being I really did not read them. I reviewed them,
looking for their required documents, and then I did slow down at all the pricing. but I didn't make a judgment. I really do believe
you have a couple good ones in there, really good ones_ I do_
MS. McCAUGHIRY: Excuse me Madam Chair. ~ Evans said she is full. Actually, she's full on April 1st. So
she told Kyle April 2nd in the afternooIL
CHAIRWOMAN WOMBLE: I wonder about The Commons_ Do we ever get lucky and get over there in their
community room?
MS. McCAUGHlRY: I don't know, ba:ause they tmned our meeting room into something else over there, didn't they?
CHAIRWOMAN WOMBLE: No, because I meet with the strategic planning all the time. They do have a desk in there,
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.~
but it isn't necessary.
MR LUKASZ: I'll go tell Margaret .
CHAIRWOMAN WOMBLE: Thanks, Kyle.
MR MOFFAIT: Where are you asking?
CHAIRWOMAN WOMBLE: At The Commons.
MR GIBSON: That would be fine_
MR MOFF AIT: YeK The foundation budget meets there all the time_
MR CURRAN: I am open that morning, because I had a briefing and I ~Ied for the next day so it's open.
MR GIBSON: To me, it's more important to keep it on that day just because my calendar is stupid, but I can flex- I didn't
come down here to stay all day in meetings. I want to play some golf and stuff. I know, we have a board meeting on the 7th and
we have an annual board meeting on the 9th. So, I mean, it's_ _.
CHAIRWOMAN WOMBLE: Well. if you weren't so darn good at what you do, yon'd be in fine shape.
MR CURRAN: I tried to mention in my e-mail that I read them. and I really think, when I did a quick, CurSOlycheck, is
that you have some very professional ones more so than we've seen in awhiIe_
MR MOFFAIT: Tbat's good to bear_
CHAIRWOMAN WOMBLE: Yes_
MR.. CURRAN: And I just finished another, not a management one, but it was a professional one, and we got better
people_ But fm concerned that they hear the name, Pelican Bay, and they go, oh, let's raise that price right up. So look the cost,
what you want to pay and we will negotiate doIJars at the end That's just what they're estimating. And we like what they are, we
do a short-list We negotiate. If they give us a good price, we proceed. If they don't, we go to the next one and see ifthey'll get it,
because you are going to be pretty content with number one, but if number two is up where I can live with it, that's basically okay
too.
MR MOFFA IT: Let me ask you, on Dorrill, does he do business, I guess he is doing business with other commwrities in
the county.
MR CURRAN: Yes.
MR GIBSON: Pelican Marsh, he mentions in here_
MR.. MOFFA IT: Is that acceptable to the county? I mean, the reason I ask, I mean, I recall his name going back to
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StadilUll Naples, and the commissioners that went to jail because of the kickbacks and all of that.
MR. CURRAN: That was all prior to me, but I've heard the stories.
MR. MOFFA IT: And he was involved in that
MR. CURRAN : Yes. He personally was not found to be involved in anything. So there is nothing discouraging. He no
longer has ties to the county. Like myself: he doesn't know me, the first time I met him was when he brought me that CD in Friday
morning, I think it was, or Thursday_
MR. MOFFA IT: But ifhe's doing work for these other communities, the Strand and Pelican Marsh and Lely, he must be
acceptable to the county.
MR. CURRAN: Yes.
MR. MOFFA IT: I mean, there's no taint_ ..
MR CURRAN: No, there's nothing here that would discourage, because I would have disqualified him if there was
anything there.
CHAIRWOMAN WOMBLE: We haven't looked at this. This is his management company, but woold he assign
someone else to be in Pelican Bay with us as an administrator?
MR. CURRAN: That, I don't know, unless it's in his proposal_ But that's always a request we can make.
MR. GIBSON: Yes, he's got three people listed
CHAIRWOMAN WOMBLE: I saw that So rm wondering if maybe that's bow he'd handle it, because I can tell you Jim
Mudd is not going to be real thrilled with having to work with him
MR CURRAN: I understand, but._
MR MOFFA IT: WelL but he must work with him on these others_
CHAIRWOMAN WOMBLE: No, not necessarily, not if someone is covering for him
MR GIBSON: Can we check with Jim?
CHAIRWOMAN WOMBLE: Yes_
MR CURRAN: Well, we can't You can't talk to him about these proposals now. I can go have my director go to him
and give you an answer, but we're supposed to be...
MR GIBSON: Is it incumbent on us to find out everything we possibly can? We're charged with making the
respoDSlbilities.. .
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MR.. CURRAN: No, your - if you have infonnation that you know is - this is what part of this meeting was today, that I
have to sort of - I call charging the juIy. If you have direct pen;onal knowledge., then all of that is vel)' acceptable to bring to the
meeting to help us with the selection. But if we do not have direct knowledge and we heaId or think, we can't bring that up.
MR. MOFFATT: Yes_ I have no direct knowledge just from reading the newspaper and taJking to people.
MR.. CURRAN: No, I understand See, when I got the packages, I was told who he was, and that was my first thing with
it. And then I was told that it went through the oourt system, and the investigation. and he was absolved of everything, and he went
on.
MR.. MOFFATT: Yes.
MR.. CURRAN: Because of that. and he's working with the other oompanies, I see no collusion where. Now, when it
comes down to personalities or individuals saying we don't want to work with him, that's something I really can't speak there, but I
can find out if it will cause us a problem. I'm more concerned that you three. with your board, take what you're reading on all of
them, and pick who you think is the best for what we have at the time.
CHAIRWOMAN WOMBLE: Wen. that's part of it, though, Jack
MR. CURRAN : Yes, it is_
CHAIRWOMAN WOMBLE: Because if they can't work with the county, then that's really a primaIy part of what they
need to do.
MR.. CURRAN: I'm pretty sure that there's no restriction that they cannot work with the oounty.
MR. MOFFATT: But a COD...
MR CURRAN: I'm going to check with my boss and I'll get an answer for you by tomorrow. You'll have it on e-mail.
CHAIRWOMAN WOMBLE: Thank you-
MR MOFFA IT: A COO, what does COD represent., dependent district C, community.._
CHAIRWOMAN WOMBLE: Community development district.
MR CURRAN: Organized by the state_
MR. MOFFA IT: But he would probably WOlle. with the COWlty, and he's got six of them listed He would probably work
with the county on that
MR. CURRAN: And like when om folks go there taJking about landscaping, money and dollars and grants and all, if he's
managing the money with Lely or with Pelican Marsh, then he's in or his group is meeting with us and with the committee for
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whatever dollars or services.
MR MOFFAIT: Okay.
CHAIRWOMAN WOMBLE: This will be interesting.
MR CURRAN: I never said it was going to be easy_I said we're going to have some llm_ And there you are. If
somebody can't (inaudIble).
MR MOFFA IT: They listed two different base rates, which I don't understand
MR CURRAN: Yes, I think inside he explains_
MR GIBSON: He's got one fur 4,700 a moot:b, he's got: one tOr 49 and then he wants to give us three months is my
understanding_
CHAIRWOMAN WOMBLE: That's my take_
MR CURRAN : You need to get close with the dollars. I just placOO a bid on the sheet and I had a vendor bid back to me,
and he just gave me a contract renewal price and swore that's the best he could give me so we put it on the open market, and he
C3IDe back lower than his own price.
MR GIBSON: He was the county manager for ten years.
CHAIRWOMAN WOMBLE: Ycs_
MR CURRAN: That's when all that trouble started.
CHAIRWOMAN WOMBLE: It sure was. I lived through it. Is this okay, since he's given us references, and so have the
others, I'm sure, to contact the people who have given us references
MR CURRAN: We're already doing that fur YOlL
CHAIRWOMAN WOMBLE: You're doing it for us?
MR CURRAN: Yes_
CHAIRWOMAN WOMBLE: Okay_
MR CURRAN: They are due back to me the 27th, the refurena:s. Nonna11y, what I do is when I get them all back, I will
send them to you electronically as a PDP file and you can download it and then youll have them rigbt there_ Any questions that
you see on there, you can get rigbt back to me, but it saves everybody from having to make phone calls. When I first C3IDe here,
what we used to do is we would assign the committee members each to have a vendor to call all the references. and call them and
then report back. But we found if we just go and do this, it goes much quicker for all of us.
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CHAIRWOMAN WOMBLE: Now I get it Well. rm looking forward to going through these_
1611115
MR CURRAN: And I definitely will have an answer for you tomorrow, because I1l see Steve and I know he'll call Mudd
and he'll call Jeff to make sure that there's no issue. He does know. When I say he, Steve Carnell, my boss, he does know that this
fellow did proposals, and he saw him walk in the door_ When he left, he asked me what was he doing. I told him and he just said
"Ob, okay"_
MR GIBSON: If the only thing preventing us from having a meeting the morning of the 1st,. why couldn't we get one of
the rooms at the club?
CHAIRWOMAN WOMBlE: We oould
MR LUKASZ: The Commons may be avaiJabIe_ She couldn't get a hold of who it is we need to ask.
MR GIBSON: If that's available, fine. I think we ought to keep it on common ground, but we could use the south dining
room or that private room, rm sure_
MS_ McCAUGHTRY: We can also use the Pelican Bay Services offices, since there are only three of you on this
committee.
CHAIRWOMAN WOMBLE: Yes.
MS. McCAUGHfRY: There will be room in the conference room.
CHAIRWOMAN WOMBLE: We'll have room.
MS. McCAUGHfRY: So we'll definitely set it up on April 1st at 10:30. Just be a mauer of location, okay?
CHAIRWOMAN WOMBLE: Okay. Perfect.
MR CURRAN: The big issue with what's going to happen today is the three of you at the present time are allowed to
speak about this as long as I'm present amongst yourselves_ If I'm not present, then please don't have a meeting to do it unless
maybe it's an open meeting, because fve not had it where an open meeting would work. Everything is to be, from the outside world
in reference to this, is to be funneled to me to you, and any questions you have, you funnel to me. And normally, what I suggest is if
you're going to have a question that you need to get an answer, please send an e-mail to me, but copy the other two folks, vice-versa.
That way, you'll all see the question and I1l answer back.. So we're all in a loop. Because of the sunshine law, they think it's
collusion if you just happen to sit down and say, you know, how you doing on this fellow here, what do you like about this guy. I
need to be there for tbaL I won't say anything, but I just need to be sitting there.
CHAIRWOMAN WOMBLE: Okay.
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MR CURRAN: It works well for us. I have to speakers in the confurence room so that once I hit the start on tape, we do
the whole process, the public speaks and everything and it works out nice. We're going to try to stay out here for this whole process.
So we don't have to worry about coming again_ I tried to get you in once and all tbree of you couldn't come.
CHAIRWOMAN WOMBLE: Kyle is a godsend for us.
MR CURRAN: We were fine. Kyle did get the answers we needed 'The same thing, I have to go a little further, tho
same thing applies with John Petty. John can do anything, you can talk to him about anything, but this proposal. I know he's
professional enough, he should not bring it up to you, and you should not ask him about it. It puts him in a funny spot, but it also
violates the sunshine law, because now it looks like you got coUusion All the vendors have been told by me that they do not contact
you, they do not contact any members of your. board, that they need to wolk through me ooly_ If they contact any or all of you.
please let me know, because they will be immediately disqualified, but they know that It's looking for favors and it's looking for an
edge, as you all know, and fro sorry, but free lunches are not allowed
MR. CURRAN: That's all there is now_ When we get together on April 1st we can decide which way you want to go.
MALE VOICE: And you'll get us the form tomorrow?
MR CURRAN: I'll get you the fonn, yes.
MR MOFFA IT: I mean, maybe there's only one qualified bidder from our standpoint or...
MR CURRAN: That is correct
MR GillSON: Or two.
MR CURRAN: Like I say, I don't really, really read them and evaluate them because I really look to answer all the
questions you need to have answered, and I do sometimes but when 16 to 20 proposals come in and if I have to read them all myself
I would never finish.
MR MOFFATI: I expect you'll learn a lot from discussions with the references. And usually, those references are
greased, and it might be nice to pick somebody they wofk with that wasn't put down on the list of references_ And when will we
have the benefit of anything that your department learns from those reference discussions?
MR. CURRAN: Unless it's something that I think is extremely drastic that you should know inunediateIy, you'll know,
most likely, and I'm giving you a tentative date, you'll know most likely the 27th or 28th
MR. GillSON: Of March?
MR CURRAN: Yes_ We sent the request to them already electronically_ We asked them ten questions. We get them
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....
back. We review them. We see something that catches our eyes, we go back and call them on the phone. We work a little further
with them, and I have them all in, or if somebody doesn't get them in to me, I go after them and I finally get them, and hopefully, I
get them by the 27tlL If not, a day or two later, you will have them all.
MR MOFFAIT: So, really, a week from today?
MR CURRAN: Most likely.
MALE VOICE: I would think that would be one area where it's great to fill out a form, it's great to look nice on paper,
but how did this firm or this individual perform in the field when he was in charge of community X?
MR CURRAN: Yes, sir_
MR MOFFA IT: And that, to me, would be the important.
MR GIBSON: Although., if they list someone as a reference.. .
MR MOFFA IT: They're usually greased.
MR CURRAN: Like I say, the only thing they'll list, who they think is their best customer, relationship, and they list
them. And I told them at the preproposaL and Kyle was there, to list their referenced, make sme they are in there, because when we
get to these references, the last three or four, I m.ean, I bad one person he just lost my uniform cleaning bid. He gave us Sarasota
County, and I went up and started talking to them and talking, and it finally came out that they couldn't stand the 00_ They were
dying to get rid of him. In fact, they were going to pick my company to piggyback. So we brought out he had a really bad
reference. They gave him_ __
MR GIBSON: That's exactly what rm tIying to get it. If you hadn't ckme a thoroughjob oftbat, you would have never
known.
MR CURRAN: That's true. That's tme_ So we will do that and you will get them. If you hear a rumor about any of
these folks, and you think it's something, please send me the e-mail. I will verifY and get back to you. Don't try to do it yourselves
where it could possibly get us into the sunshine Jaw violation.
CHAIRWOMAN WOMBLE: Well, we need to do this, then, for the Distrid Offices, LLC, the reference check that you
asked for.
MR CURRAN: Yes, you can
CHAIRWOMAN WOMBlE: Ibis committa: can or I can?
MR CURRAN: You have direct knowledge_ We've already sent out the references, but if there are other members of
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16 11 'A 15
your board that weren't listed that you want to fill that out., that's fine. We can get them to fill one out, because that's all direct
knowledge like from you three. They can give us a written paper fOT their references, and the questiODS can be varied but we like to
keep to the same thing so they don't say I'm fixing the pot.
Mr. MOFFA IT: This is the form to check references?
MR. CURRAN: Yes. And you had something in mind?
MR. MOFFA IT: No. We were looking at it earlier and it didn't appear to be the evaluation form.
MR. CURRAN: No, it isn't. I need to get that for you.
MR. GIBSON: We didn't know what it was, or I didn't know what it was_
MR. CURRAN: You know, I looked in there when we were leaving, and we have what we call a score sheet and this
form. I thought I was doing great but I don't have the score sheets. That's basically all I need to have with you. is a short meeting,
like I say. So if you have any questiODS. . .
CHAIRWOMAN WOMBLE: I have a question. Under the ciIcumstances. can I fill this out for the board by myself or do
I need the committee to help me out here?
MR. CURRAN: You can do it either way.
CHAIRWOMAN WOMBLE: As the chair, I wOIk with them more than anyone_
MR. CURRAN: Well, in fact each of you can do one really, because you've all worked with him and it would come out in
our meeting_ You would get like, Geoff would say I think this about when I worked with him_ I did this. And then Jerry will say
and then you'll say and that's part of the scoring You're going to be the main scorers.
CHAIRWOMAN WOMBLE: Of course, this is just a reference check, so all it is, is saying_ _.
MR. MOFF AIT: We need the worksheet
MR. CURRAN: Yes, the score sheet Now, the score sheet is a little bit different It's the same size papers. It's got
columns, and it Iists your seven tags, which are these, management,. ~ cost, and then it has the amount of points next to it.
You just fill in what you feel it is worth, 25 points, 23 points. It's hard to go over maximmn. If you give them 25, you give them
30, that means you've got to decrease something somewhere else.
MR. MOFFA IT: Jack, are we supposed to come to a consensus at our April 1st meeting? What I'm thinking about is
we're looking at DVDs. I evaluate something and I said this is why I'm valuing high or low, and Gooif says. well, you know, where
do you see that? It's going to be hard as hen to tell Geoff where I saw that Whereas, if everybody had a hard copy, I can tell him,
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MANAGEMENT REVIEW COMMITTEE MEETING
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16 I 1'9\ 15
,
\,
it's right here, Geoff, see what he said And Geoff can say, well, you're crazy, or, yes, I agree. So if we're supposed to come to a
consensus, I think it's going to be hard to do it electronically. Maybe fm just old school.
MR CURRAN: Those can be printed out.
MS. McCAUGH1RY: If any one of you would like to leave yoms with me for just a morning, I will make bard copies for
all of you.
MR MOFFATT: I mean, is that where you were going, too?
MR GillSON: Yeah. The other thing that I was going to tag onto that, I guess, is it's very difficult, and maybe just my
analytical abilities, it would be very difficult for me, maybe not difficuh to nam>w it down from four to two, but I think it would be
vel)' difficult for me to get into a final selection process from a CD ROM
CHAIRWOMAN WOMBLE: Well, even worse, if we have a conflict of concern, that we have no point of reference.
MR MOFFATT: That's right.
CHAIRWOMAN WOMBLE: What do we say, on that third groove in?
MR. GIBSON: I kind of like to look the horse in the mouth
MR CURRAN: Ob, yes. April 1st is mainly what we're going to is basically, we're just going to talk, Do you want all
four to come give a presentation? And then we'll do this in fiunt of them.
MRMOFFATI: Yes.
MR CURRAN: But either way, if we do it with your entire board, you three will need to fill the score sheets out.
MR GillSON: No problem.
MR CURRAN: And that's no issue. I mean, you could do it that day while they're talking. When they're all done
talking, if you want to have an entire meeting, then we just fill in the score sheet, because it's the score sheets that pick who you
want. I mean, when I add it up, this number one has a 90 or 89 points or 83 points and eveIybody else is below, he or she is the
first firm we're going to offer, then the second, the third and fourth. So even though we hear a lot of good things about individuals
or whatever, it's the numbers that count.
MR GIBSON: It's the numbers and the score sheet.
MR CURRAN: It really is.
CHAIRWOMAN WOMBLE: Okay.
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16 f 1115
MR CURRAN: You're allowed to change them. The next meeting, mainly, we want to get together and see do you want
presentations or do you want to short list.
MR GIBSON: We should be able to do that from the printed material, and I think that's a good idea.
MS. McCAUGH1RY: 111 do that. I'D have these for you tomorrow morning.
CHAIRWOMAN WOMBLE: Wonderful. Thank you.
MR CURRAN: There's one...
MR MOFFATT: Send us an e-mail when they're ready.
MR GIBSON: Yes, when they're ready.
MR CURRAN: There is one issue, When we do - and I'll bring it up the 1st, but it's just food for thought at the
moment, while we have a second or two. At the presentations, I always have the presenters come in and answer a specific set of
questions up front on their presentations. So ifl get a few questions.from Goof( a few from Jeny, a few from Mary, I send it to
them, and I say, I want these ten questions answered in the presentation And then they're open to have you really ask questions.
So if you want that, just put a few questions together that you think might need answering after reading the proposals. 111 do
generic type questions also and we'll get that ready. Other than that, that's really all I needed your time for today. I'm sorry I
lWSted so much of it not getting the right stuff.
MR MOFFATI: I've got a question for Kyle. You know, John is the mouthpiece in all the meetings, discussion, even
the presentation he did today. How much of that is John versus he just mouthing what you and your staffhave done?
MR GillSON: What a good question
MR MOFF ATI: Like when the budget is done, I mean, who's the expert? I mean -
MR LUKASZ: He will talk to me about, you know, confirming cost. But putting together that presentation is all him.
MR MOFFA TI: All right. But when we get the budget. how much of that is your work?
MR LUKASZ: Well, putting together the field operational cost, a lot of that, you know, I put that together and then go
over it with him
MR MOFFA TI: I'm just tIying to sort out, ifwe don't have JoIm, and we have..,
MR GIBSON: Larry.
MR. MOFFATT: Larry, whoever, John's got the histOl)', but Lanyknows how to do it, too. I mean, are you 95 percent of
what we hear at our meetings? Are you 20 percent of what we hear at our meetings?
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MR.. LUKASZ: I wouldn't say 95 percent. It's well, I mean, there's different...
MR GIBSON: Every time there's a question, we all ask Kyle. That's where I think you're going.
MR LUKASZ: I mean, a lot of those issues interfuce with wbat we're doing in the field. So, yes, we have to discuss
them. But I mean, John's the one that handles,..
CHAIRWOMAN WOMBLE: Kyle's the hands on day to day and John is the politics, really, when you get down to it.
That's it.
MR LUKASZ: Especially with some of the historic issues and water management. When we get back into the early '80s,
and some of the things that the intentions of certain ~ as to what management did at that time. I can't really put a number on
it. It all depends on, you know, what it is.
CHAIRWOMAN WOMBLE: Do you work well with Mr. Petty?
MR MOFFA IT: Let's say we didn't have an administrator. What would that do to your job? What if everything that got
delivered to this board you had to do without a John? Could you do it?
MR LUKASZ: I would be able to do some of it, but the issues that John has to deal with, say the COUJdy manager's office,
and.. .
MR MOFF ATI: Because you don't have that expertise?
MR LUKASZ: Well, not only the expertise, but being a county employee and some of the issues that the board has taken
and some of the positions that the board has taken, which rightfully so, but it puts me in a little bit of a difficult position being a
county employee, addressing some of those things at the manager's office.
MR GIBSON: Right.
MR CURRAN: It puts him in a real spot, because be technically works for the county. He has all the expertise you're
looking for, but he has to argue with his boss.
MR LUKASZ: Y cab, I can argue that part of it But as far as the nuts and bolts of everything that goes into the
discussion and the physical work I think you mentioned it at one of the previous meetings of this group, you know, I tend to look at
it as the nuts and bolts and specific to the task. to carry out. And John, or the person in that position, looks at it as more of a
wholistic approach to it versus, you know, fm looking at it from how am I going to get this job done.
MR. MOFFA TI: Yeah. How much time do you spend with JoOO in a week or a month or ...
MR LUKASZ: I mean, I talk to him on the phone like everyday and when he's over here for meetings, he's usually hero
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MARCH 23.2009
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us
..
,
at least once a week, and we spend time each of those days.
CHAIRWOMAN WOMBLE: I spend that much time and more, too, a week. The chair does. You won't believe it. It's a
lot of effort.
MR LUKASZ: Last week, some of the stuff that John was putting together for the presentation for the budget committee
and what we need to do for some of the funding that is needed. ..
MR. MOFF AIT: Okay. I'm just trying to well if it weren't John, and it was somebody new, is that a serious issue for us?
I'm beginning to think it's not.
CHAIRWOMAN WOMBlE: I don't believe that. I think it is. Seriously. I really think it is. Yes, because John really,
as Kyle just said, historically, he has the background that oomes in handy quite often When people are about to misstep or get on a
bandwagon that's already been done and it's a problem, and he can explain why it's a problem, give you the scientific people to go
to, to find out why it was a problem, and that's huge, because it would take hours and hours and hours to 11)' and find that research
and get to it. He can direct you to the right people just from memory. That's one big reason. And we...
MR MOFFA TI: But assuming John were killed in an automobile accident on his way to the east coast this afternoon,
we'd survive, wouldn't we? I think we would.
CHAIRWOMAN WOMBLE: Yes, we'd have to.
MR MOFFA TI: Well, if he came back and said, you know, just nut fewer operations, John was 80 percent of what we
see here, that would teD me one thing. You haven't told me that, but I don't know what the percentage has to be. You know, even
if it was 50 percent, you know, that's a significant number. All right
CHAIRWOMAN WOMBLE: Well, let's put it this way. Just so you have this knowledge, since it's all sunshiny. When I
met with the Foundation chair and the president and Dave Trecker, the property owners' association, I made it very clear that if, for
some reason, John Petty and Janice are not in our hire after this process goes through, that I recommend that the Foundation hires
them.
MR MOFFAIT: Hires them?
CHAIRWOMAN WOMBLE: Yes.
MR MOFF ATI: As what?
CHAIRWOMAN WOMBLE: Whatever they want them to be. Like as a consult, on a consult basis, because he has the
knowledge that they really definitely need at this point in time and probably going forward for a long time. And he meets with
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A15
them and what he offers them is incredible as weD as to us. But I can't really give you example after example, because there are so
many. And there's so much going on and so many politics involved that I don't want to say, in an open fomm, but I can well assure
you he earns his job. So does Janice. And I think Kyle woIks well with them. All things that you need to know about., but I already
know, on a day-to-day basis, and I know that I wiD get a call from John Petty whenever there's a concern that needs to be addressed
immediately, and I'm sure he gets the same cordiality from our side. So it's a good working relationship. But I have to teD you,
until you're the chair of this board. you have no clue, none. In fact. I'm still hitting heads together on the strategic planning
conunittee, because they simply do not understand the worth of this partiwlar group, not just the board, but the staf( the people that
are out there doing evel)'thing. So it's Imge, guys. We've got a lot of money.
MR MOFFA IT: Well, you've got some very strong personalities you're dealing with, too, unfortunately, over there, loose
cannons.
CHAIRWOMAN WOMBLE: Some oftbem. Well, that's a temble thing to say about Jack.
MR. MOFF AIT: No, I'm not saying that.
MR CURRAN: Well, it's not the first time.
CHAIRWOMAN WOMBLE: We're not talking about you, Jack But no, no, absolutely not, and we really appreciate all
the help and work that you've done for us and will continue to do so. Thank you.
MR GIBSON: Thank YOlL
CHAIRWOMAN WOMBLE: So April 1st, 10:301
MR GIBSON: Somewhere.
CHAIRWOMAN WOMBLE: Yes, somewhere to be determined.
MR CURRAN: Any questions? Please send me an e-mail or call me.
CHAIRWOMAN WOMBLE: Okay.
MR CURRAN: And I can send an e-mail.
MR MOFFA IT: Don't trnnscnbe them all. We just have three of those needed.
MS. McCAUGHfRY: Ob, yes, that's right
MR GIBSON: You might not even have to transcnbe. Maybe you can.. .
MS. McCAUGH1RY: I'm going to download these from the CDs and make hard copies.
MR MOFF AIT: Make a hard copy right from the CD ROM
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MANAGEMENT REVIEW COMMITTEE MEETING
MARCH 23, 2009
MS. McCAUGH1RY: And then go through the color copier, because they're probably color, and you'll be good to go.
16 '--I :A 15
MR GIBSON: Better your printer than my little 79.95 Costco special.
MS. McCAUGH1RY: Yes. rn e-mail you as soon as they're ready.
MR GIBSON: I'D move we adjourn.
MR MOFFAIT: Yes, fine.
CHAIRWOMAN WOMBLE: Do I have a motion that we adjourn?
MR. GIBSON: So moved. That was a motion.
CHAIRWOMAN WOMBLE: Second?
MR MOFF AIT: Second.
MR GIBSON: Now for our next meeting.
CHAIRWOMAN WOMBLE: AU in favor, aye, aye, aye.
MR CURRAN: Thanks again. Kyle, thank you.
TRANSCRIPT PREPARED ON BEHAlF OF GREGORY COURT REPORTING SERVICE, INe. BY JOYCE B. HOWELL
FROM AN AUDIO CD AND IS A lRUE AND CORRECT RECORD TO 1HE BEST OF MY ABILITY AND FORMA1TED
BY MARY MCCAUGHIRY, RECORDING SECRETARY.
110
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
February 17, 2009
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: January 20, 2009
V. Transportation Services Report
A. Budget Report- Caroline Soto
B, Project Manager Report - Darryl Richard
VI. Landscape Maintenance Report
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
VIII. Old Business
IX. New Business
X. Committee Member Comments
XI. Public Comments
XII. Adjournment
1611 - A 16
The next meeting is scheduled for March 17, 2009 4:30 p.m.
2885 Horseshoe Drive South
Naples, FL 34104
o
- pies to
c~:
Henning
Coyle
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
/ RECEIVED
16 Li::-:i:i,&,,,
.
March 17, 2009
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: February 17, 2009
V. Transportation Services Report
A. Budget Report- Caroline Soto
B. Budget Policy - Millage
C. Ad Valorem Tax Scenario(s) - Mark Isackson
D. Project Manager Report - Darryl Richard
VI. Landscape Maintenance Report
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
VIII. Old Business
A. Expansion of MSTU Boundaries
IX. New Business
X. Committee Member Comments
XI. Public Comments
XII. Adjournment
The next meeting is scheduled for April 21, 2009 4:30 i1m""~_A'
2885 Horseshoe Drive South 15C. I.I\Jtl_.
Naples, FL 34104 Date:
Item I:
Copies to:
1611~16
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
February 17, 2009
Minutes
I. Call Meeting to Order
The meeting was called to order by Chairman, Dale Lewis at 3:31 PM.
II. Attendance
Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella, John
Weber
County: Darryl Richard - MSTU Project Manager, Tessie Sillery - MSTU
Operations Coordinator, Michelle Arnold - A TM Director; Pamela Lulich -
Landscape Operations Manager, Rhonda Cummings - Purchasing,
Stephen Carnell - Purchasing
Others: David Julien - McGee & Assoc" James Stephens - Hannula
Landscaping Inc., Sue Flynn - Mancan
III. Approval of Agenda
Add: V-C: Letter of Understanding from TECM
V-D: Membership Applications
VII-B: Phase liB Project
VIII-A: MSTU Boundary Expansion
VIII-B: Landscaping Between Devon and Santa Barbara
Betty Schudel moved to approve the Agenda as amended. Second
by Dale Lewis. Motion carried unanimously 5-0.
IV. Approval of Minutes
Change: Top of Page 3 - refurbishing Devonshire "at" Santa Barbara
(Instead of - to)
Add X: asked if the landscaping "on Radio Road" between Santa
Barbara and Davis
Dale Lewis moved to approve the January 20, 2009 Minutes as
amended. Second by Betty Schude/. Motion carried unanimously
5-0.
V.
Transportation Services Report:
C. TECM - Steve Carnell distributed a letter regarding the acquisition of
landscape architecture services for the Radio Road MSTU. (See
attached)
161 t ,A 16
Dale Lewis moved to accept the Letter of Understanding. Second
by John Weber. Motion carried unanimously 5-0. \
I
Darryl Richard distributed a proposal from McGee & Associates to
extend services to December 31,2009.
Dale Lewis moved to approve the proposal extending McGee &
Associates services in the amount of $14,700. Second by Betty
Schude/. Motion carried unanimously 5-0.
A. Budget Report- Tessie Sillery distributed and reviewed the following:
(See attached)
. Operating Expense Budget - $172,250.00
. Available Operating Expense - $106,245.61
. Improvements General Budget - $812,277.45
. Purchase Orders Paid To-Date - $157,315.31
. Current Ad Valorem Tax Collected - $251,649.99
Michelle Arnold noted Mark Isackson of the Finance Department
would be available to attend the meeting and discuss millage with the
Committee. The BCC will be setting Budget Policies at the February
24,2009 meeting.
B. Project Manager Report - Darryl Richard distributed and reviewed
the following: (See attached)
. (R-17) Radio Road MSTU Boundary Expansion-
Discussion ensued on expanding the MSTU Boundaries and adding
additional member(s) to the Committee and it was determined the
Committee would like to receive guidance from Commissioner Tom
Henning.
Darryl Richard distributed and reviewed Exhibit A - Radio Road
MSTU Boundary Expansion Proposal. (See attached)
Dale Lewis moved to meet with Commissioner Tom Henning to
discuss the expansion of boundaries from Radio Road on Santa
Barbara to Davis and get guidance from the Commissioner.
Second by Betty Schude/. Motion carried unanimously 5-0.
. (R-16) Devonshire Blvd - Field Verification of Landscape Easement
- Landscape Easement for ROW of Devonshire Blvd is as follows:
~ North Easement indicated in plat as 25 foot buffer easement
~ South Easement has a 20 foot non-exclusive easement
Darryl Richard distributed a proposal from Hannula for the
refurbishment of Devonshire in the amount of $4,941.50. (See
attached)
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1611 "\ '
Dale Lewis tabled consideration on the proposal until the next ~ 16
meeting. Hannula will provide the cost of irrigation.
D. Membership Applications - Tessie Sillery
Bill Jaeger and John Weber applications were submitted to fill the
vacant positions on the Board.
Dale Lewis moved to accept both applications. (Bill Jaeger &
John Weber) (To be approved by the Board of County
Commissioners.) Second by Helen Carella. Motion carried
unanimously 5-0.
VI. Landscape Maintenance Report - None
VII. Landscape Architects Report
A. Monthly Report -
Darryl Richard distributed a Maintenance Report created by McGee &
Associates and stated they will go to the site, review each item with the
contractor and complete before the next meeting.
B. Phase II-B - Design Services for Radio Road
Darryl Richard reported the following:
. Notice to Proceed to McGee & Associates
. Contract completion date is June 30,2009
. McGee will expedite production of drawings
. Request bids in Spring of 2009
Pam Lulich will coordinate the time frame to comply with County Code to
prevent applying Bahia grass.
VIII. Old Business
A. MSTU Boundary Expansion - Discussed under V-B
B. Landscaping Between Devonshire and Santa Barbara
John Weber suggested making a provision in future contracts to ensure
the projects are returned back to the original condition.
Dale Lewis stated in a meeting with Diane Flagg and Mark Isackson
during the Summer; Mark Isackson stated if there is original landscaping
in the medians and the County had to tear it up because of a revision, the
County would put it back to it's original status. Mr. Lewis also stated he
cannot justify to the MSTU taxpayers that they are expected to pay twice.
The Committee wants the County to put the sod and irrigation back in.
Betty Schudel noted the Committee had been told; that Santa Barbara to
Devonshire was part of the Santa Barbara Project and it would be the
County's responsibility.
IX. New Business - None
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"
16 l"tA 16
X. Committee Member Comments
Helen Carella complimented Hannula Landscaping on the improvements
they are making to the area.
XI. Public Comments - None.
There being no further business to come before the committee, the meeting
was adjourned at 4:47 PM.
Radio Road Beautification MSTU
Advisory Committee
S}dti~
Dale Lewis, Chairman
These minutes approved by the Committee on
as presented or amended
9//1/ a /
,
Next meeting is March 17, 2009 - 3:30 PM
2885 Horseshoe Drive South
Naples, FL 34104
- 4 -