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Backup Documents 03/10/2009 Item #16I 16/.~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 10,2009 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Animal Services Advisory Board: Minutes of December 16, 2008. 2) Bavshore/Gatewav Triangle Local Redevelopment Advisory Board: Minutes of December 2,2008; January 6, 2009. 3) Collier Countv Planning Commission: Agenda of February 19,2009 REVISED. 4) Contractors Licensing Board: Minutes of January 21,2009. 5) Countv Government Producihdtv Committee: Agenda of August 27, 2008;,September 17,2008; October 15,2008; November 19, 2008; December 17, 2008. Minutes of August 27,2008; September 17,2008; October 15,2008; November 19,2008; December 17, 2008. A. Productivitv Committee/FMSAC Master Plan Review: Minutes of Feb~ 19, !l008; August 28,2008. B. Countv Core Function Studv Subcommittee: Minutes of April 23, 2008; May 6, 2008. C. Impact Fee Review Subcommittee: Minutes of December 6,2007. D. Alternative Policv Approaches for Impact Fees Subcommittee: Minutes of December 3,2008. 6) Development Services Advisory Committee: Minutes of January 7, 2009. 7) Environmental Advisorv Council: Minutes of December 3, 2008; January 7, 2009. 16/ 8) Golden Gate Comrnunitv Center Advisory Committee: Minutes of December I, 2008; January 5, 2009. 9) Golden Gate Estates Land Trust Committee: Agenda of December 3,2008. Minutes of December 3, 2008. 10) Historical! Archaeological Preservation Board: Minutes of November 19,2008. II) Immokalee Enterprise Zone Development Agency: Agenda of January 26, 2009. Minutes of December 17, 2008. 12) Immokalee Local Redevelopment Advisorv Board: Agenda of January 26, 2009. Minutes of December 17, 2008. 13) Immokalee Master Plan and Visioning Committee: Agenda of January 26, 2009 w/CRA Committee. Minutes of December 17, 2008 w/CRA Committee. 14) Pelican Bay Services Division Board: A. Budget Committee: Agenda of November 6, 2008. Minutes of November 6, 2008. B. Ordinance Review Committee: Agenda of November 25, 2008. Minutes of November 25, 2008. 15) Public Vehicle Advisory Committee: Agenda of February 2, 2009. 16) Utility Authority (Water and Wastewater Authority): Minutes of September 22, 2008. Fiala Halas Henning Coyle Coletta 11 d/U / V -1/ ./ V RECEIVED IAN 2 6 2009 De!m~r L 18 A 1 i-;oard 01 Counly Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, December 16, 2008 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 VICE CHAIRMAN: Marcia Breithaupt Dr. Ruth Eisele Sergeant David Estes (absent) Tom Kepp, Jr. Sabina Musci Jim Rich ALSO PRESENT: Amanda Townsend, Director- DAS Nan Gerhardt, Shelter Operations Manager Kathleen Drew, Volunteer Coordinator Mise. eon.: oe:~ ltem#: lIoUl)A \ ~'-:Dif:"S-ln !C~be! 16~OO~ 1 I. Call to Order Chairman Michele Antonia called the meting to order at 6:30 PM. II. Attendance A quorum was established. III. Approval of Agenda Sabina Musci moved to approve the agenda. Second by Marcia Breithaupt. Carried unanimously, 6-0. IV. Approval of Minutes - November 18, 2008 Sabina Musci moved to approve the minutes of November 18, 2008 as presented. Second by Jim Rich. Carried unanimously, 6-0. V. Old Business: A. Director's Report Amanda Townsend announced: . Hiring of two new Shelter Technicians . Posting of one Veterinary Technician opening · December 27th livestock auction at the Immokalee Shelter (a horse and a goat) Brief discussion on staffing and on particulars of the auction followed. B. Departmental Statistics and Reports (Handouts- November 2008) Amanda Townsend . Reviewed the monthly reports, noting that intake was down . Highlighted items on the newly initiated "Intake per Capita Report" . Noted that volunteerism continued to grow . General revenue was also up Discussion revolved around the variables which may have contributed to the more specific "Intake per Capita" report, namely: . Results from stepped-up educational outreach . More rescue groups getting involved Ways to track which activities actually worked to provide long-range measures of success was an area of concern that will continue to be looked into. Amanda Townsend announced that in January, an educational presentation will be made at Manatee Middle School. A grant was received which contained the provisions for an educational program on a topic selected by the students. They had chosen animal experimentation and cruelty. The presentation will provide DAS with an opportunity to strengthen their educational program and target an important market in the community. A program to become partners in education was discussed. 2 16 I 1 A 1 December 16, 200S Jim Rich inquired about filming the presentation to share with other schools and on the Collier County web-site. Gulf Coast University and technology persons in the Public Schools may have interest in the project. VI. New Business A. State-mandated Services (handout) Amanda Townsend provided a follow-up to the question brought up at a prior meeting as to which DAS activities are services allowed and those that are State-mandated. She mentioned a program being initiated through the County Manager's Office called Expect Compliance at Every Level (EXCEL); a risk assessment system that will look into analyzing core business processes to determine what can go wrong and how to avoid it. DAS will be looking into three core areas: Financial, Compliance and Service. Questions in these areas were answered in the handout detailing Amanda's inquiry and answers from Assistant County Attorney Colleen Greene regarding DAS services. Brief discussion on several State-mandated activities followed. B. Reimbursement of Mileage Expenses (handout) Amanda Townsend distributed the instruction sheet and form for Mileage Reimbursement for those Advisory Board members traveling more than 20 miles to attend scheduled Advisory Board meetings. This Resolution (#2008-341) was passed by the Board of County Commissioners on November 18,2008. C. Howl-A-Day Jubilee Report (handout) Amanda Townsend went over the categories on the report which included: . Expenditures . Revenue and Donations . AdvertisinglSponsorships/In-Kind Donations Total revenue for the event was $1,357.02, -less than last year. Attendance was approximately 2,500. Kathy Drew, who chaired the successful event, discussed various aspects of the day. Five cats and thirteen dogs were adopted. VII. Public Comments Stephen Wright requested follow-up information for the University of Florida Statistics from BEBR (Bureau of Economic and Business Research) Anumda Townsend respondedfurther information can be found on their web-site at www.Co/lierl!.ov.nct. under comprehensive planning or through the BEBR web site. Dewey Perez, Collier County Animal League, questioned: 1. What methods were in place to assess temperament and behavior that would give a "special needs" designation to dogs that may hinder adoptions. 3 16 11 A 1 December 16, 200S Amanda Townsend responded that assessment was based on any staff member's observation. Nan Gerhardt explainedfood aggression, dog aggression labels, medical waivers and disclosure. Dr. Eisele cited the dangers of food aggression and need for informed adoptions. 2. In what way could outside organizations assist DAS to push dog adoptions? He cited PetS mart, who would love an opportunity to have dogs there to adopt. Amanda Townsend responded that the education campaign was an area in which outside organizations could be of more help than with outside adoptions. Another area was Housing and Human Services - to aid elderly and homebound pet owners with pet care. A match-up program was suggested. Ben Rae asked about the hiring positions. He also asked how school presentations come about and if there are difficulties getting them scheduled. He also complemented Kathy Drew on her work with Howl-a-Day Jubilee, Kathy Drew responded that letters are sent to teachers of both public and private schools, grades 1 through 3. They have to fit the presentations in with their required curriculum. VIII. Advisory Board Member Comments Sabina Musci noted that the 18 adoptions were more important than the amount of money taken in at Howl-a-Day Jubilee. Marcia Breithaupt suggested a short informative video on animal cruelty be put on the county's web-site. Tom Kepp asked that a discussion of breeder fees be put on the January or February Agenda. Jim Rice said he heard many comments at PetSmart praising the Howl-a-Day Jubilee event. Amanda Townsend noted the participation of Nan Gerhardt and Michele Antonia who manned a booth at the "Christmas Around the World" event held in Imrnokalee. Kathy Drew noted the upcoming event - "Smooch-a-Pooch, Kiss-a-Kitty"-on February 14,2009 from 11 am to 3 pm at DAS. Shelter tours will be conducted. Next meeting is scheduled for January 20, 2008 at 6:30 PM. There being no further business for the good of the County, meeting was adjourned, by order ofthe Chair at 7:44 PM. 4 16/1 t\ 1 December 16, 200S COLLIER COUNTY DOMESTIC ANIMAL SERVICES l C These minutes approved by the Board/Committee on .;2/ L 0) {! 7 as presented L//, or as amended . ' 5 16 I 1 A R~EIVED THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AGEffi&09 2009 COMMUNITY RE DEVELO PME NT AGE N ~OfCountyCOmmlasioners 4069 BAYSHQRE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 v BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE DECEMBER 2, 2008 MEETING J The meeting of the Bayshore Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. ~ 1. Roll Call:Present: Advisory Board Members: Lindsey Thomas, Steve Main. Karen Beatty, Maurice Gutierrez, Bill Neal, Jill Barry, Bruce Preble and Ron Fowle. Chuck Gunther arrived at 6:15pm. Cl cu(/).~Ql4J - J!! c :>.- CUCUQlOO iI:XXO(.) CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, and Sue Trone. Countv Staff Present: Marjorie Student-Stirling, Assistant County Attorney and Michele Arnold, Director, Alternative Modes Transportation. 2. Adoption of Aqenda- Chairman Thomas asked if there were any additions or corrections to the agenda. Hearing none he asked for a motion to approve the agenda: Motion Mr. Preble. Second: Mr. Main. Approved 8-0. 3. Adoption of Minutes- Chairman Thomas asked for a motion to approve the November 4 Regular Meeting, and November 4,2008 Goals Workshop meeting minutes: Motion: Mr. Main. Second: Mr. Preble. Approved 8-0. 4. Executive Director: a. Presentation: Bavshore Public Art Research Group. Mr. Jackson introduced the presenters: Victoria Nicklos, Sondra Quinn and Rochelle Doepke. The group briefed the CRA-AB on the purpose of the fact finding Group created from a joint MSTU and CRA- AB workshop. They also briefed the data they had gathered about adding enhancements and features to the MSTU's FDOT Local Agency Program (LAP) grant for landscaping and lighting improvements. There was a roundtable discussion about the LAP project's timetable and what the FDOT funds could be used for as well as discussion about other types of beautification projects that could be funded. Mr. Neal asked for clarification on who were the participants in the research of which Mr. Thomas informed Mr. Neal that this group originated out of a joint MSTU-CRA workshop that specifically discussed the LAP project and other beautification ideas. Mr. Gutierrez added that the group was supposed to be volunteers from the MSTU Committee, CRA- AB Board, Bayshore Cultural Arts group and any citizen volunteers. Board consensus was to have the fact-finding group return to the MSTU at its next meeting for more precise direction on their task. Mr. Thomas thanked the group for their presentation and asked them to return when more information is gathered. December 2, 2008 CRA.AB Minutes b. Proiect Updates: Mr. Jackson gave a very brief overview of the information contained in the Board's agenda packages that covered: residential Infill RFP, CRA Plan RFP, Brownfields Coalition, Shadowlawn Drainage Project, Moorhead Manor Drainage, Crosswalks on Shadowlawn Drive and the expansion of the Gateway Triangle pond. Mr. Jackson asked for CRA-AB approval to pay an invoice from Agnoli, Barber & Brundage for services rendered under the Work Order for design improvements to Bayshore Drive south of Thomasson Drive. The invoice was for $8,225.00 which will be paid by the MSTU and the CRA is responsible for 50% ($4,112.50) which will be reimbursed to the MSTU at the completion of the project. Motion to authOrize the M~J:1:l ~_ the Invoice D""_OQ~$g: item # .iliJ-L l A J..-- 16 r1 A 2 and for the CRA to reimburse the MSTU $4,112.50 at completion of the project: Mr. Main. Second: Mr. Preble. Approved 8-0. 5. Old Business: a. CRA Catalvst Proiects Desiqn Concepts. Mr. Jackson stated that the CRA-AB received three quotes for the design work; however the responses were not similar. Therefore he asked for a motion to table the Board action, authorize a second request for quotes with a better defined scope of work and return at the Board's next meeting. Motion to approve: Mr. Fowle. Second: Ms. Barry. Approved 9-0. 6. New Business: a. Site Improvement Grant Application. Ms Trone briefed the Board on the application received from the Salvation Army to repair their Davis Blvd building roof and replace the existing mailbox on Davis Blvd. The new roof and mail box cost is $97,210.88 which qualifies for a CRA grant in the amount of $8,000. Motion to approve: Mr. Gunther. Second: Mr. Main. In discussion, Mr. Main asked if there was actually a larger commercial grant amount available. Mr. Jackson responded that since the Salvation Army was a non-profit and did not pay property tax that went into the CRA TIF. they were only eligible for the SIG and not the commercial property grant. Approved 9-0. b. Bavshore Drive Neiqhborhood Drainaqe Study. Mr. Jackson asked the Board to consider a Work Order Modification in the amount of $31,000 to the approved Q. Grady Minor agreement. The original agreement for $54,400 is to perform Shadowlawn Drive residential drainage study to determine methods and programs to improve the area's drainage. The Work Order Modification will be a cost savings by directing the aerial photograph portion of the work to fly south of US41 down to Holly Avenue while airborne. The savings by flying the area now would be in the amount of $8,000 over the cost to fly it at a later date. There was discussion on the purpose and usefulness of collecting data south of US41. Mr. Jackson explained that the CRA has plans to address drainage at some time in the future and the $8,000 could be saved now, and the data collected would not change in the foreseeable future. Mr. Jackson also stated that a MSTU Board member was interested in the data being used in the Bayshore Drive (south) design study and that the MSTU may agree to pay 50% of the cost ($15,500) since the information would be used by the road project. The MSTU has not discussed the topic and will not meet until December 10, 2008. If the CRA-AB would approve the Modification now and ask the MSTU to reimburse the CRA, the flight could be scheduled now while the weather was favorable. Motion to approve the Modification, have the CRA fund the work and request the MSTU fund 50% of the cost, $15,500, and reimburse the CRA: Mr. Gutierrez. Second: Mr. Gunther. In discussion, Mr. Main stated that this aerial data collected to study drainage would also be very valuable to the Haldeman Creek MSTU to help them determine where areas are draining into the Creek and bringing in silt that would have to dredges later. Approved 9-0. c. Purchase of Real Property in Mini-Trianqle. Mr. Jackson presented set of graphics describing the properties for sale in the mini triangle and offered to the CRA. The old Burger King was recently appraised for the CRA at $2.5M and $2.55M. The owner's attorney stated that the owner would review on offer to purchase. The assembled 6.29 acres in the middle of the mini-triangle has not been appraised by the CRA; however it was appraised for the owner in March 2008 at a value of $9.8M. The owner has offered it to the CRA at $7.5M plus CRA-paid document stamps and 2008 properly taxes for a total of $7.6M. This owner has had two offers from separate parties to purchase two smaller parcels in the middle of his assemblage. If these lots are sold, the likelihood of a future assembly of all 14 acres would be nil. The CRA has the opportunity to purchase both properties, provided the CRA acquires another debt instrument, of which the staff has been authorized to request quotes for up to $20M. Motion by Mr. Thomas to commission two appraisals for the 6.29 acre property and to recommend to the CRA December 2 2008 eRA-AS Minutes 2 1611J~ 2 Board to enter into a contract for the assembled 6.29 acre parcel and enter into a contract for the old Burger King, pending the successful receipt of a new bank loan. Second: Ms. Barry. in discussion the CRA-AB agreed that if the CRA did not acquire these parcels. then the mini-triangle catalyst project would not happen. Mr. Thomas stated that the mini-triangle is very important to the future growth of the rest of the Gateway Triangle, and successful redevelopment of this site would increase the tax base, create jobs and bring new businesses to the area. Approved 9-0. d. Cultural Art District Consultant RFP. Mr. Jackson presented a proposed RFP scope of work to advertise for a professional consultant to guide the CRA through the development of a cultural district. Ms Trone added that the City of Lake Worth on Florida's east coast has advertised a similar RFP for a consultant to develop a similar concept. Motion to advertise the RFP and return to the CRA-AB with the responding proposals: Mr. Gunther. Second Mr. Gutierrez. Approved 9-0. e. CRA Sponsored EntertainmenUMusic Festival. Ms Beatty asked the CRA-AB to conceptual approve the staff to investigate the creation of a music entertainment festival in the Bayshore area. She acknowledged that other CRAs in Florida conduct festivals and events, and that this CRA shouid too. Also she knew that it would take a year to properly plan the event, and Ms Garcia and Ms Jourdan have already coordinated with the County's events coordinator. Motion to proceed by Mr. Main. Second: Ms. Beatty. Approved 9-0. f. Election of Advisorv Board Officers for 2009. Mr. Thomas stated that the Advisory Board officer positions are 12 month positions and new officers are elected by the Board in December to serve January through December. He asked if there were any nominations from the fioor. Motion by Mr. Fowle to nominate Mr. Thomas as Chairman for 2009.Second: Ms. Barry. Approved 9-0. Motion by Mr. Main to nominate Ms. Barry for Vice Chair for 2009. Second: Mr. Gutierrez. Approved 9-0. 7. Citizen Comments. Mr. Jackson stated that there was one public speaker signed up: Mr. Phil Litow on Danford Street. Mr. Litow described the events taking place on Danford and Bay Streets, where the County is purchasing residentiai lots and petitioning the BCC to rezone them as public use parking lots for boat traiier parking for Bayview Park. He asked for CRA-AS support to stop the rezone as he and his neighbors felt it would ruin the residential nature of the neighborhood. Mr. Main stated that the CRA-AS probably did not have large stake in the argument and agreed that there might not be such a need as stated by the county. He felt that there very well couid be alternative solutions that the county has ignored or discounted. Mr. Jackson stated that the residents would have to win their arguments with the Planning Commission, because if they approve it, then the SCC usually supports their recommendation. Mr. Litow thanked the Board for the opportunity to speak and again asked for any kind of support possible. Mr. Thomas thanked Mr. Litow and asked if there were any comments from the public in the audience. There were none. 8. A ./ " -~ ed an7Yd by Lindsey Thomas, CRA-AS Chairman. December 2 2008 eRA-AS Minutes 3 ~ 1.1 ~I lllalO :x:ro THE BAYSHORE/GATEWAV TRIANGL!R~rJL~PMEZR~C~IYED V COMMUNITY REDEVELOPMENT AGENF~~O 9 2009 4069 BAYSlIQRE DRIVE NAPLES, Fe 34112 PHONE 239.643.1115 FAX 239.77~MmCountycommlaSkH1l1S BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE JANUARY 6, 2009 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther. Steve Main, Bill Neal. Ron Fowle, Karen Beatty, Maurice Gutierrez. Jill Barry, and Bruce Preble. CRA Staff Present: David Jackson. Executive Director, Jean Jourdan Project Manager and Sue Trone Operations Analyst, Shirley Garcia Operations Coordinator. County Staff Present: Marjorie Student-Stirling, Assistant County Attorney. 2. Adoption of Aqenda: Chairman Thomas asked if there were any additions or corrections to the published agenda. Mr. Jackson asked that the modified agenda be accepted adding the following items that had been coordinated since the agenda was publicized: "Presentation by Pat Utter, Collier Enterprises" and "Contractor Approval for Catalyst Projects Design Concepts". He asked for a motion to approve the agenda as modified: Motion: Ms Barry. Second: Mr. Gunther. Approved 8-0 - Mr. Preble absent. 3. Adoption of Minutes: Chairman Thomas asked for a motion to approve the December 2, 2008 regular meeting minutes: Motion: Ms Beatty. Second: Mr. Main. Approved 8-0 - Mr. Preble absent. 4. Executive Director's Report: a. Presentation: Sable Bay Development. Mr. Jackson introduced Mr. Pat Utter of Collier Enterprises to give the Board an update on the Sable Bay residential project. Mr. Utter described the PUD (Planned Unit Development) project as permitted by the WCI Corporation for 1659 residential units. The development was down-sized from a DRI (Development of Regional Impact) to a PUD. When WCI got into financial trouble. Collier Enterprises got the site back. It includes 1,200 acres of preserves to be deeded to Rookery Bay and 800 acres of development. The PUD currently includes a golf course and five (5) towers 110 feet tall located deep within the project site. Recently Collier Enterprises reconstructed the Lely Canal in cooperation with the County and it includes a large spreader lake to help with water quality. Mr. Utter described the main entrance off US41 and also an entrance off the new section of Thomasson Drive next to the Public Shopping Complex. He showed a separate development section near Hamilton Harbor Marina and that there would be some sort of connector road to it through a section of land behind Woodside Avenue (in the CRA area). He did not expect too much traffic to be using the Bayshore Drive portion south of Thomasson Drive. The project will not be started for at least three (3) years and very well might be redesigned, as golf course communities are not in high demand in the County any more. Mr. Thomas thanked Mr. Utter for his presentation and asked that he keep the CRA-AB informed of progress. b. Proiect Updates. Mr. Jackson reminded the CRA-AB of the January 161h joint workshop with the CRA Commissioners and two other public meetings on January 22nd for the Bayshore Drive (south) design review and January 291h for a public meeting to re-visit the proposed design of a Triangle Pond Pathway. The Board was informed that there was a lack of responses by the banking community to the CRA's RFP for a fixed-term loan. The CRA-AB agreed for the Chairman to work with Mr. Jackson to determine the CRA's best options to move forward with acquiring another dEM\st!'i.tamt!l$e. Also mentioned was a proposal to bring a Montessori School to the area. Mr. Jackson asked oate:_.-.------ January 6 2009 CRA~AB Minutes :e(~1 J.::"..._._~.._._._._-- ~,:::P\es to if the Board support the school if the proposer COUI!9~h! cO~iti!!1 US2ning required for the school. Consensus of the Board was that the school would be an asset. 5. Old Business: a. Request for Pavment - Johnson Enqineerinq. Inc. Mr. Jackson stated that he received an invoice from Johnson Engineering for services rendered under the Work Order to design the Triangle Pathway in the amount of $4,960.00 and asked for CRA-AB approval to pay. Motion to pay Johnson Engineering $4,960 for services rendered: Mr. Gunther. Second: Mr. Preble. Approved 9-0. b. Request for Pavment - Q. Gradv Minor & Associates PA. Mr. Jackson stated that he received an invoice from Q. Grady Minor & Associates PA for services rendered under the Work Order to survey the Shadow lawn Residential area for future drainage improvement design in the amount of $5,190.00 and asked for CRA-AB approval to pay. Motion to pay Q. Grady Minor & Associates PA $5,190 for services rendered: Mr. Gunther. Second: Mr. Gutierrez. Approved 9-0. c. Catalvst Proiects Desiqn Concept - Approve Contractor. Mr. Jackson asked the CRA- AB to review the spreadsheet showing the quotes for design services from three companies: RWA, PK Studios and Q. Grady Minor. The quotes were for two designs: one for the CRA's 18 acre site and the 14 acre mini-triangle site. Mr. Jackson stated that the quotes were all comparable and the lowest quote meeting specifications for both sites was RWA at a total of $14,900 ($13,900 fee plus $1,000 reimbursable costs). Motion to approve RWA to develop the site conceptual designs: Mr. Neal. Second: Mr. Preble. In discussion, Mr. Oakley (audience) suggested that PK Studios would be a better choice. Mr. Fowle asked what work RWA has done in Collier County? Mr. Dwight Nadeau of RWA cited several projects that the firm has worked on. Mr. Kaye (audience) stated that he knew of RWA and felt they would do well with this project. Approved 9-0. d. Residential Infill RFP - Bid Reiection. Mr. Jackson presented a short timeline of the process of the CRA's RFP to locate a development team to design, construct and market four residential homes on Van Buren Avenue on CRA'S-owned land. He stated that during the negotiation period. it has been very difficult to get the single proposer (Kaye Homes) to meet the desired goals and product the staff was looking for. Also, since the RFP was advertised. the financial market has crashed. and the residential market has continued its downward spiral. Mr. Jackson strongly recommended the Advisory Board recommend to the CRA Board - rejection of the sole respondent to the RFP and re-advertise at a later date when both markets, financial and housing stabilizes. He felt that the CRA did not get competitive quotes with only one respondent and that since Kaye Homes has made their offer. construction prices have continued to decrease, thus if the CRA re-bid the project. the chances were very good that the offers would be lower and more competitive. Mr. Thomas asked Mr. Kaye if he would like to comment. Mr. Kaye said he would and gave a 15 minute presentation with a supporting handout that he used to state his case. His statements included a timeline of the RFP process and data of residential sales throughout Collier County. Mr. Neal stated that if there was more information that needed to be discussed, that the Advisory Board meeting was not the time or place for it to occur and that this topic really should be discussed outside the CRA-AB meeting. Mr. Preble thought the topic should be tabled for three months and let staff work with Kaye Homes and also see what the residential market was doing then. Mr. Thomas thought that three months was too long to have Kaye Homes waiting, and that 30 days was more appropriate. Ms Beatty agreed that 30 days should be adequate. Mr. Goodman (audience) stated that he was at the meeting at Mr. Kaye's request and that Mr. Kaye was a good builder and that he should be allowed to build. Mr. Edson (audience) stated that the CRA needs more than new houses. it needs jobs so people can buy the houses. He felt that the time was not right to build at this time and that this would not be the best use of taxpayer's money. Motion to table the topic until February: Mr. Neal. Second: Mr. Main. Approved 9-0. January 6 2009 CRA.AB Minutes 2 6. New Business: 1 :> a. Sweat Equitv Grant Approval. Ms. Trone presented on~ g~nt !PPlicatio~or M~usan Spry in the amount of $837.32 to make improvements to 3180 Caledonia Avenue consisting of painting the house, installing a light fixture and replacing a porch screen. Motion to approve: Mr. Gunther. Second: Mr. Main. Approved 9-0. 7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. There were none. 8. s adjourned at 7:22 pm. oed by Lindsey Thomas. CRA-AB Chairman. January 6 2009 eRA-AS Minutes 3 Fiala Halas Henning Coyle Coletta ~/ COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 19,2009, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: RECEIVED FEB 1 B 2009 1'"1 A 3 Board of County commi55ionars AGENDA Re,.jscd NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE. WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. L PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - JANUARY 15,2009. REGULAR MEETING; JANUARY 16. GMP MEETING; JANUARY 20, GMP MEETING 6. BCC REPORT- RECAPS JANUARY 13.2009. REGULAR MEETING; JANUARY 27, 2009, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: SV-2008-AR-13618, CHM Naples Hotel Partners, LLC, is requesting three sign variances to allow two wall signs for Spring Hill Suites, and one directional monument sign to serve as both an 00- premises sign for Spring Hill Suites and an off-premises sign for Fairfield Inn. The first variance is from Section 5.06.04.CA. of the Land Development Code (LDC), which requires that one wall sign shall be permitted for each single-occupancy parcel, to allow two wall signs. The second variance is from Section 5.06.04.C. ] 6.b.i. of the LDC, which allows a maximum sign area of 12 square feet for an off-premise directional sign, to allow a 35.5:1:: square foot off-premise sign. The third variance is from Section 5.06.04.C. I 6.b.ii. of the LDC, which allows a maximum sign height of 8 feet above the lowest center grade of the arterial roadway for an off-premise directional sign, to allow a maximum sign height of 12 feet. The subject property is located at 3798 White Lake Boulevard, in Section 35, Township 49 South. Range 26 East, Collier County. Florida. (Coordinator: Nancy Gundlach. AICP) Misc. cones: Date Db lO DC] item# l 1-L l A3 1 16 11 A 3 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone !Tom the Residential Single-family (RSF-I) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly C.....PUD, which would memorialize the existing church uses and would permit redevelopment consistent with a master site plan to a maximum of 80,000 square feet of house of worship including children and adult day cares, a Pre-K through yd grade school, and various accessory uses for Tract A; and an additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through 3" grade school and accessory uses for Tract B. The 15.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. (Coordinator: John- David Moss, AICP) CONTINUED FROM 1/15/09 B. Petition: SV-2008-AR-13664, Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting three (3) Sign Variances. The first variance is !Tom Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 32 :i square foot off-premise sign. The second variance is from LDC Subsection 5.06.04 CI6.b.v. which requires a sign to be located within 1,000 lineal feet of the intersection of the road serving the use to allow greater distances of up to 6,000 lineal feet for up to ]0 uses. The third sign variance is from LDe Subsection 5.06.04 C.16.c which requires a sign to be located no closer than 50 feet from a residentially zoned district to allow a lesser distance of 23 feet. The subject property is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) C. Petition: SV,2008-AR-13665, Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from LDC Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 4\) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) D. Petition: SV-2008-AR:13960, Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Subsection 5.06.04 C.16.b.i., which allows a maximum sign area of]2 square feet, to allow an 18-square foot off-premise sign at the Port of the Islands in the median of Cay's Drive (south of U. S. 41) 18 S.F. in area with sign copy and logo designation the Port of the Islands Cay's Drive. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U. S. 41) and Cay's Drive in Section 9, Township 52 South, Range 28 East, Co]lier County, Florida. (Coordinator: Nancy Gundlach, AICP) E. Petition: CU-2008-AR-13661, Center Point Community Church, represented by Matthew McLean, P.E., of Agnoti, Barber and Brundage and Doug Lewis, Esq., of Roctzel and Andress, is requesting a Conditional Use in the Estates (E) Zoning District for a church, as specified in Section 2.03.0I.B.l.c.1 of the Collier County Land Development Code (LDC). The 4.58-acre subject property is located at 6590 Golden Gate Parkway, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: John- David Moss, AICP) F. Petition: ST-2008-AR-13958, North Naples Fire Control District is requesting a Special Treatment (ST) Permit to impact ST area 13F in order to develop the site for a fire station. The subject property is located on east side of Livingston Road, approximately 1.5 miles north of the intersection of Immokalee Road and Livingston Road and approximately .75 miles south of the intersection of Livingston Road and Veteran's Memorial Boulevard, located in Section13, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Summer Araque, Engineering and Environmental Services Department) 2 16/1 A 3 10. OLD BUSINESS A. LDC Sign Code revisions as part of the settlement agreement for Bonita Media Enters., LLe v. Collier County Enforcement Board. An 8-) 0 minute PowerPoint presentation to review salient points of revisions and answer any questions that Commissioners may have. In addition, copies of the final draft (comprised of minor modifications) will be provided for the CCPC to review prior to the LDC Sign Code Revisions Public Hearing on Monday, March 2. 2009. II. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 2/19/09 cepe Agcnda/RB/sp 3 t!'. '..,. 16(1 A 4~ January 21,2009 TRANSCRIPT OF THE MEETING OF THE RECENEDCONTRACTORS' LICENSING BOPiMED ~ 4- fEB 182009 OF COLLIER COUNTY ~:~~ng Board ofCounl'l GommisSiOtlelS Naples, Florida Coyle January 21, 2009 Coletta ~r- ' LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Les Dickson Richard Joslin Eric Guite' Lee Horn (Absent) Terry Jerulle Thomas Lykos (Absent) Michael Boyd Glenn Herriman (Absent) ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Superviso:tl1lsc COffes Date t3 lO b3' !tem#.UD IL l Page 1 ~ ~opies to 16.J 1 Ii h January 21,2009 CHAIRMAN JOSLIN: I'd like to call to order the Contractor-- Collier County Contractor Licensing Board meeting on January 21st, 2009. Any persons 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 this proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I'd like to open the meeting by starting with roll call starting to my right. MR. JERULLE: Terry Jerulle. MR. DICKSON: Les Dickson. CHAIRMAN JOSLIN: Richard Joslin. MR. BOYD: Mike Boyd. MR. GUITE': Eric Guite'. CHAIRMAN JOSLIN: Staff have any additions or deletions to the agenda? MR. JACKSON: Good morning. For the record, Ian Jackson, License Compliance Officer for Collier County. Under discussion, there will be a deletion of Tom Warren from -- regarding the Prometric agreement. And under new business, an addition of Carlos Meran for a review of experience affidavits, of which I've passed out the application to you. If the board is so inclined to make the change. And that's all staff has. CHAIRMAN JOSLIN: What was Prometric for? For what agreement? MR. JACKSON: They're the testing company. And the name -- I believe they were to be here because the name of the company had changed. CHAIRMAN JOSLIN: I see. Okay. MR. OSSORIO: Mr. Chairman, for the record, Mike Ossorio, Page 2 16/14 4 Jaml1rry 21, 2009 Contractor Licensing Supervisor. Years ago it used to be Experior Testing, Block and Associate, and then it became Thompson Prometric. And then Thompson, they split. Now it's called Prometric. And I got to talking to the managing individual down there -- up there in Baltimore. And he wanted to address the board and tell where licensing is and how it's working and sign an agreement to extend -- keep doing the Prometric testing. Because they have actually sold. But I'll keep you informed with that. CHAIRMAN JOSLIN: Okay. Could you do one other item for me and find out what type of languages that he gives his testing in? MR. OSSORIO: Prometric is a nationwide company. It's only in English. CHAIRMAN JOSLIN: Only in English. MR. OSSORIO: Only in English. There is a company called Gainesville Independent, which we use. CHAIRMAN JOSLIN: Right. MR. OSSORIO: It's a State of Florida company. And they are-- they have multiple ones: English, Spanish, German. They have a variety of different ones. CHAIRMAN JOSLIN: Okay. With that said, I need approval for the changes to the agenda. MR. DICKSON: Dickson, so moved. MR. GUITE': Guite', second. CHAIRMAN JOSLIN: Moved and seconded. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. Page 3 16 (1 A 4 January 21, 2009 CHAIRMAN JOSLIN: Okay, I need an approval of the minutes for the December 17th, '08 meeting of last year. Just one change that I see before we make an approval here is that on the front page, cover page, it's got Michael Ossorio listed as the zoning and land development review, which I think that might be a good place to put him to, but we'll keep him in licensing for a while. MR. DICKSON: Dickson, I'll move to approve them as amended. MR. JERULLE: Jerulle, second. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Moved and seconded. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: So moved. Okay, first order of business. Is there a Charles R. McDermott here? (No response.) CHAIRMAN JOSLIN: No. MR. DICKSON: That was easy. CHAIRMAN JOSLIN: Okay, we'll put him on the bottom of the page for the moment, see if he comes in late. Maybe the parking -- by the way, one quick little comment here. This morning -- we've always -- the board members have always had a place to park basically in the advisory committee sections. This morning when I got here there was cones in front of all of the parking places, which I didn't want to park in somewhere I wasn't supposed to, so I didn't move the cones. According to security, that's what they're doing now. The Page 4 16:tlA 4 January 21, 2009 advisory members are allowed to move those cones and park into a spot and put the cone back when you're done. Because they are finding people are parking in the wrong places and wrong cars are parking there, and then consequently they don't have enough parking for everyone. Just so that we're aware. Okay, is there a Shelli A. Mehri available? Would you please come to the podium, please, and be sworn in. MS. MEHRI: Good morning. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Is that how you say your name, Mehri? MS. MEHRI: Uh-huh. Thank you. CHAIRMAN JOSLIN: Ms. Mehri, it appears that you've applied for a license here? MS. MEHRI: I've had my license from earlier and I was wanting to reinstate my license. Due to the horrific credit report I have, I'm requesting that I am permitted some time to -- I'm working with Trinity Credit to bring that into a better light. CHAIRMAN JOSLIN: You say you've been in business here before? MS. MEHRI: Yes. MR. OSSORIO: Mr. Chairman, just to give you a quick background. Under of the renewal process, you have -- we renew everyone's license September. From September, October, November, December you're considered delinquent. January through January of the next year you are suspended. Come January 1st the following year you're null and void. Unfortunately her case is that she did not renew when she was delinquent. She went suspended. And when you get suspended, the code explicitly says you have to fill out the application again. And you're going to have to take some testing if you require testing. And also if -- you need a credit report. Page 5 16f'1 A h. January 21,2009 And unfortunately within her past year, this lady's had some issues with some credit, and I forwarded it to the licensing board. I have no objection of her getting her license back, and with some monitoring, if that's the desire ofthe licensing board. CHAIRMAN JOSLIN: Could you just maybe expand a little bit what happened? MS. MEHRI: I wrote you this nice little letter. It's rather embarrassing. I had left -- not left. I'm a faux finisher is pretty much -- I need my painting contractor's license for my base coats only. I do want to do that the legal way. I don't want to sneak behind anybody's back. During the past two last years my husband got in some trouble. We have six children. He was taken from me for several months. My mother died and I ran the family. I made choices. We had several people that almost died. My children were very ill. And my credit reflects choices -- it doesn't show what I paid. And I'm sorry, my girlfriend's having surgery right now and I need to get to the hospital. But the thing is that it's just my clients never had an issue with me. I'm very good at what I do. I'm an artist. But I do want to be legal. I want to be legal. And so over the next six months I'm sure that I can pay these phone bills. And I did lose my house and I did get my house back. I did turn my car in and got something cheaper. But it's just life. CHAIRMAN JOSLIN: Okay, that's enough. MS. MEHRI: Thank you. MR. OSSORIO: The sad thing about it is, Mr. Joslin, if she did renew in the suspension period -- I mean in the delinquent period, we wouldn't have had to pull her credit and there wouldn't have been an issue. So -- and that's what happened. CHAIRMAN JOSLIN: Yeah. Pleasure of the board? MR. OSSORIO: We have no complaints on her in the past history . Page 6 16:-1 1 A; h Januat}l' 21, 20~ MR. DICKSON: What type of painting is she doing? MR. NEALE: Faux finishing. MR. OSSORIO: Well, she has a painting license. But when you're a faux finisher, typically you have a business tax license and it's no construction required or no certificate. But to be a faux finisher, sometimes they go in and they contract for the whole job, to do the base coat, to use a roller. And if you're going to use a roller, if youtre going to be doing a base coat, then you have to be a licensed painter. Some faux finishers don't even want to deal with that. Some faux finishers like to do the base coat. This lady likes to do the base coat, so she needs to be a painter. CHAIRMAN JOSLIN: I wouldn't probably have a problem with allowing this lady to have a license back. I think probably it would be -- and since you've done it before, maybe to put her on six months probation, or six months review of the credit just to make sure that she is trying to pay these off. MS. MEHRI: Definitely. CHAIRMAN JOSLIN: Would there be a question about that? I understand that you're going through some hardships, so -- MS. MEHRI: Just today's a rough day, so today I really need to CHAIRMAN JOSLIN: Sounds like it's been quite a rough year. MS. MEHRI: Yeah. But I appreciate the fact that I got to come first so I can make it to the hospital. So thank you. CHAIRMAN JOSLIN: I'll put that into the form of a motion, that we approve the ability for her to have a license. And she is to report to staff in a six-month period with her credit report, showing that she's paying off some of these debts that she has now. MR. DICKSON: Dickson, I'll second. CHAIRMAN JOSLIN: We got a motion and a second. All in favor, signify by saying aye. Page 7 16TIA q January 21, 2009 MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: All. MS. MEHRI: Thank you. May I leave? CHAIRMAN JOSLIN: You can go, yes. Next we have a Mr. John Tangorra. Are you present, please? MR. TANGORRA: Yes. CHAIRMAN JOSLIN: Would you come to the podium, be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Tangorra, you are here today to qualify a second entity. MR. TANGORRA: Yes. CHAIRMAN JOSLIN: Would you mind reflecting on that and tell us what you're trying to qualify? MR. TANGORRA: The person that I'm qualifying is recently divorced, and his wife was a qualifier for his company. And he's also an installer for my company. And while being very good at what he does, he doesn't seem to think he can -- he's going to be able to pass the test on his own. Hets an Italian immigrant. Been in this country a long time, but he just needs a little help. He's very responsible. Insurances and everything he needs is always current. He also does work for Home Depot Expo. And as far as the settlement, he has to qualify his own company. He has a period of time in order to get that done, and so I offered to do it for him. Very good man, good friend. CHAIRMAN JOSLIN: This is a license for wood flooring, is that the case? Page 8 16/11\ 4 January 21,2009 MR. TANGORRA: Yes. CHAIRMAN JOSLIN: He installs wood flooring in homes and MR. T ANGORRA: Uh-huh. MR. DICKSON: You mentioned as part ofa settlement. What settlement? MR. T ANGORRA: Or not a settlement. Their divorce agreement. She -- his ex-wife is the qualifier of his company. MR. DICKSON: Of the divorce, okay, I'm with you. CHAIRMAN JOSLIN: In your packet you've also listed here that this gentleman that you -- Claudio is his name, I guess? MR. T ANGORRA: Claudio, yes. CHAIRMAN JOSLIN: He's an Italian immigrant, I guess doesn't speak a lot of English. MR. TANGORRA: He speaks pretty good. Spanglish. CHAIRMAN JOSLIN: Then what is the reason why he can't take the test himself? MR. T ANGORRA: He has a problem processing English to Italian if he's trying to read something and figure it out. CHAIRMAN JOSLIN: How long have you been in business? MR. T ANGORRA: About 10, 11 years. CHAIRMAN JOSLIN: Any other comments from the board? MR. DICKSON: Everything's in order. I move to approve. MR. JERULLE: Jerulle, second. CHAIRMAN JOSLIN: Motion and second to approve. All in favor, say aye. MR. GUITE': Aye. MR. BOYD: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. Page 9 1611 A 4 January 21, 2009 CHAIRMAN JOSLIN: It's approved. MR. T ANGORRA: Thank you. CHAIRMAN JOSLIN: You're welcome. MR. NEALE: Mr. Joslin? CHAIRMAN JOSLIN: Yes, sir. MR. NEALE: When you call the question, if you could, even though it is a unanimous vote, say all in favor, and then also any opposed or -- I think just so we get it both on the record. CHAIRMAN JOSLIN: I'm sorry. Okay. Moving right along. This is a good one. Olga Kolesnikova. MR. DICKSON: That was pretty good. CHAIRMAN JOSLIN: Is that close? (Speaker was duly sworn.) CHAIRMAN JOSLIN: Did I kill your name too bad, Ms. Olga? MS. KOLESNIKOV A: Well, you just -- it's all right. So short story -- THE COURT REPORTER: Excuse me, I need you on the microphone. MS. KOLESNIKOV A: So short story -- CHAIRMAN JOSLIN: Ms. Olga, we're going to have to take this and put it into evidence I think -- MS. KOLESNIKOV A: Okay. CHAIRMAN JOSLIN: -- before it's submitted. MS. KOLESNIKOV A: Short story. I'm Russian. A long time our company was working without any advertising -- CHAIRMAN JOSLIN: One second. If you could get just a little closer to the microphone so we can understand you, and speak a little slower. MS. KOLESNIKOV A: Okay. Long time I used to work without paying advertising, referrals only. And we ran out of work quick a year ago. So it was time to get license. The same situation like previous person. I didn't go to school to Page 10 16 r 1 J. 3 JiJuary21,2009 study English. So basically most difficult part for me, to pass the exam. When I finally pass exam for painting, I thought that's it, no more. Contractors come for me. So when I apply for license, there is still lines, what did you do last 10 years. I didn't throw (sic) what I did all those 10 years. So I got the license with -- start advertising. Nothing happened. No business. Nobody calls. Calls just from unemployed painters mostly, or something small like 300. Baseboard painting, something. You know, we have to make a living. So next idea was to get to -- to get on Home Depot, least for tile setting. Okay, so I got to get back to books, take another exam. And when I apply for tiling license, Michael just check painting application and tiling application. And on painting I didn't just explain what did I do, just 10 years. CHAIRMAN JOSLIN: Okay, so what license are you really trying to get? MS. KOLESNIKOV A: Now I want floor covering and tile/marble. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: What license does she already have? You have a painting, am I correct? MS. KOLESNIKOV A: Painting. CHAIRMAN JOSLIN: She has a painting license now? MR. OSSORIO: She has a painting license. CHAIRMAN JOSLIN: Active? MR. OSSORIO: Yes. MR. JERULLE: Can you explain why she's here? MR. OSSORIO: Unfortunately we're seeing a lot of people that already have a license in painting, tile and marble. Now they're coming in for more licensing. And one of the things, when you already have a license, we Page 11 16 rl A 4 January 21, 2009 consider you a painter, we're assuming that you're painting. She's come in for a tile -- she's taken the tile and marble exam and she applied for a tile and marble exam. Unfortunately when I checked her references, I checked one. The gentleman said basically that no, she didn't do tile work for her (sic) and that's why we're here today. CHAIRMAN JOSLIN: So she doesn't have the credentials or the affidavits to -- MS. KOLESNIKOV A: I can explain the situation. All this time I was self-employed. All this time. You can't spell my name, nobody can. Trust me. I was self-employed. I did work for other contractors and was paid from company to company. I now was employed to anyone. CHAIRMAN JOSLIN: So you've been a self-employed person for quite some time. MS. KOLESNIKOVA: Well, since '92. CHAIRMAN JOSLIN: Well, do you realize that here in Collier County that for every trade that you do that does require a license, that you have to have a license to qualify you to do that trade? And the problem that you have here that I see is that you're asking us to give you a license in which you have no real affidavits of experience to do because you're telling us here under oath that you have been doing this with n not working for a company but working for yourself. And apparently unlicensed. MS. KOLESNIKOV A: But I did work for contractors. I did work for contractors. First three years it was like we got here without any money, without English, without anything. We start working like crazy. You know, we used to work 70,80 hours per week. Just day off we have -- like we get here in January. First day off we had like in June. We start working Sundays in 2002. We had our first vacation 2004. CHAIRMAN JOSLIN: Have you ever worked for a company Page 12 161 1 ,~", /),,1 f.;\ '7 January 21,2009 per se, like for another flooring company or somewhere where you want to do the trade in? MS. KOLESNIKOV A: You can do work or you can't do work. If you can do work, people know you can do work, people call you, you do the work. CHAIRMAN JOSLIN: Gentlemen? MR. OSSORIO: You've never taken the tile and marble exam, have you, just the floor covering? MS. KOLESNIKOV A: I pass tile and marble. MR. OSSORIO: You have to make sure we clarify. Every single certificate has to take the business procedure test. And some trades require you to take the trades exam. Unfortunately there are some multiple licenses that just require the business procedure test. And we weigh heavily on the applicant's experience. And she's going for not tile and marble, but she's going for floor covering, which is carpet and vinyl. MS. KOLESNIKOV A: Well, actually, I want both. MR. OSSORIO: Have you taken the tile exam? THE COURT REPORTER: Please get on the microphone. MS. KOLESNIKOV A: Yes, I did. I got 82. MR. OSSORIO: Okay, so you've taken the tile and marble exam. MS. KOLESNIKOV A: Yes. MR. OSSORIO: I recommend that we -- she'll go back and try to get more affidavits of companies who she worked for, and then wetll see if she can reapply again to show experience. And we can work on that. MS. KOLESNIKOV A: Okay. MR. NEALE: I would -- what I would recommend the board do is just table it for a period and let her come back, rather than deny it. CHAIRMAN JOSLIN: Table it till next month? MR. DICKSON: Dickson, so moved. Page 13 ., A h 16 I lanuary 27, 2009 CHAIRMAN JOSLIN: Joslin, second. I have a motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. What we're going to do is we're going to put you on a -- basically a hold for a little while, maybe 30 days or till the next meeting -- MS. KOLESNIKOV A: Okay. CHAIRMAN JOSLIN: -- and see if you can come up with more affidavits of experience that you can get from your people that you work for, and then possibly get them to Mr. Ossorio or to staff. And if those are in line and probably in good order, then you probably wouldn't even have to come back before the board. He can make the decision on his own if you have the experience. If not, then yes, you will be back here again. MS. KOLESNIKOV A: Okay. CHAIRMAN JOSLIN: Okay? MS. KOLESNIKOV A: Okay. MR. OSSORIO: Mr. Chairman, one of the things that we're seeing, an influx of someone being a licensed painter or someone being floor covering, now they're trying to get back into licensing and getting more licensing. And we're assuming since you're a tile and marble company and you're your own business, we're assuming you're doing tile and marble. Now you're coming in with a painting -- nothing particular of Page 14 16 r A 4 IJanuary 21, 2009 this lady, but now we're seeing people come in and say well, I want to be a painter. And we're assuming that you're tile and marble, where do you get the experience in painting. CHAIRMAN JOSLIN: Exactly. MR. OSSORIO: So that's the things we're -- going across my desk. CHAIRMAN JOSLIN: I understand what you're saying for sure. This is a prime case for it. MS. KOLESNIKOV A: Can I say something? Back in Russia we used to do -- it calls -- profession calls finisher. You come to somebody's home and do everything, from ceiling to floor. Doesn't matter. Painting, tile, wood. We can -- we could replace windows, doors, put baseboards, crown moldings, it's finisher. You don't have -- CHAIRMAN JOSLIN: I can understand what you're saying as far as being in Russia. But as of now, you are in the United States, and you do live in Collier County, and we have a few other rules -- MS. KOLESNIKOV A: And I can do -- CHAIRMAN JOSLIN: -- that you must follow. MS. KOLESNIKOV A: -- anything. CHAIRMAN JOSLIN: Okay. Maybe the general contractors test is maybe what you need to take. MS. KOLESNIKOV A: Well, actually, I was trying. I got all the books. I have original application from 2003. I just couldn't pass the exam. I didn't have enough English. CHAIRMAN JOSLIN: Okay. Well, keep trying. MS. KOLESNIKOV A: Okay. CHAIRMAN JOSLIN: All right. Well, we've got a new one here that was presented. A Carlos Meran, is it? Are you present? MR. OSSORIO: Mr. Chairman, while we're waiting on Mr. Meran, I reviewed his application, and one of his experience letters -- CHAIRMAN JOSLIN: You want to give this to the County Attorney (sic), please, and then he can -- or to the court reporter. She Page 15 l' u~~ '. "I ' I ' t , "" II., '1 n 1 II ~anuary 21, 2009 can enter it in. MR. NEALE: She gets one. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Meran, I'm not really sure why you're here. Would you explain the reason why you're in front of us. MR. MERAN: I was an employee ofB&W Paving Contractors, Southwest Florida. I worked for the guy for over three years. I run the company, the estimate, the paving, the trucking, all the equipment was parked at my house. On April 19th of t08, he decide not to be with me anymore. On that day I say fine, no problem. You go your way, I go my way. I was trying to get into a different field. I didn't want any conflict with the guy. I was exporting equipment to the Dominican Republic, that's where I'm from. And things slow down a little bit. I contact Jose Moya, Asphalt Paving. He's right here. And we went into business together. Thing got slow, like, you know, the economy is really bad. So I decide -- we decide to break up. No problem, no anything like that. And then I decide to get my license, because I have all the equipment. When I was working for B& W Paving, I was half owner, half, owning all piece of equipment that was there. Everything was under my name. Everything was at my house. And he was paying me with checks, that I got proof of. I had a house under my name that was his. He was living at the house. He was paying for the house. I had nothing to do with the house. The house was not mine. I could have kept the house if I wanted to. What I don't own, I don't want it. So I gave the house back to him. CHAIRMAN JOSLIN: Okay, I don't want to interrupt you, but let's get to the point of why you're here. Page 16 4 16 I 1 A January 21,2009 MR. MERAN: One condition was I need a letter from you saying that I work for you for the time that I work. He refused to give me that letter. And I say, so if you don't give me that letter, you're not going to get the house. I spoke to Mike about it. He called to verify my credential on my application. I guess Michael told me that Charles Willey told him that I didn't work for him. So that's what I'm here for. And I got plenty of proof that I worked for the guy. And Equipment Source, the only owner of B& W that they knew until the time that we broke up, it was Carlos Meran. Jose Moya, the only guy that they knew in Golden Gate Estates running B& W Paving was Carlos Meran. So I don't know what's the problem here. Maybe he doesn't want no competition, he doesn't want no other people licensed out in the Estates. Competition is good for the people. CHAIRMAN JOSLIN: How did B&W pay you? MR. MERAN: They pay me by check. CHAIRMAN JOSLIN: By check? MR. MERAN: Self-employed. Never pay no taxes. I was out on the W-2. Never gave me a 1099, here's what you make last year. CHAIRMAN JOSLIN: Mr. Ossorio, any input from you as far as what's going on here? I'm not liking what I hear, for sure. MR. OSSORIO: One of the things that the licensing office, we do, is check references and check experience and check affidavits. Mr. Moya (sic) has two affidavits: One for three months and one from B&W Paving. Unfortunately B&W Paving has sent me a letter rescinding his affidavits and basically saying that the only thing Mr. Meran ever did for me was drive the vehicle. Much as I'd like to go ahead and issue him a license, unfortunately I'm bound by the code. Ifhe withdraws his application and Mr. Meran doesn't show me more experience or another letter of affidavit, I have to forward it to the licensing board. Page 17 16(" A 4 Jnuary 21, 2009 He did prove -- he did present evidence to you today with some information that's intriguing, and I'll leave it at that. And Robert Zachary can talk to you a little bit more about it, ifhe needs to. MR. MERAN: You guys haven't seen the proof that I got that I work for the guy. That's in the other package. Not as a truck driver, running the company, running estimate, paving, sealing. CHAIRMAN JOSLIN: I understand what you're saying. But the problem is is that Mr. Willey is not willing to fill out an affidavit that says you did this. And unfortunately we have to go by what's in front of us. We can't go by testimony or -- unless you had some other type of proof that you could give to us. MR. MERAN: I got plenty of proof that I work-- MR. NEALE: If I may just refer the board to Section 22-184(B) and (C) of the code. And particularly section C. It's when an applicant is referred -- application is referred to the contractors licensing board, the board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this division, meaning that section of the code. Upon the evidence presented by the applicant and the contractor licensing supervisor, the board shall determine whether the applicant is qualified or unqualified for the trade in which the application has been made. So the board can consider all relevant evidence outside of the affidavits. The affidavits are one form of proof, but they certainly are not the only form, nor are they necessarily conclusive. CHAIRMAN JOSLIN: Well, in the package that I have, I am not finding anything else thatts conclusive, unless I'm missing something here. MR. MERAN: I got one more letter. MR. NEALE: What I would -- if! may, Mr. Meran. MR. MERAN: Sure. MR. NEALE: What I would suggest to the board is that you ask Page 18 16 I 1 f\.nua# 21,2009 Mr. Meran -- because he brought along a fairly substantial packet of information, it appears -- if possibly the board would have him walk through that with you. It might be more revealing than simple testimony. CHAIRMAN JOSLIN: All right. MR. NEALE: I think he's got it. Did the board -- it should be entered as evidence, yeah. You've got a copy of it? THE COURT REPORTER: Yes. MR. NEALE: He's going to hand out to the board copies of a packet that he's brought. MR. ZACHARY: If you give a copy to the court reporter, we could -- MR. NEALE: The court reporter has one. MR. MERAN: She got one. MR. ZACHARY: We could have that marked as an exhibit. MR. NEALE: And if the board could move this into evidence as an exhibit for this hearing. MR. DICKSON: Dickson, so moved. CHAIRMAN JOSLIN: I need a second. MR. GUITE': Guite', second. CHAIRMAN JOSLIN: I have a motion and a second on the table. All in favor of bringing this into evidence, signify by saying aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. MR. BOYD: Aye. CHAIRMAN JOSLIN: Any opposed? (N 0 response.) CHAIRMAN JOSLIN: So moved. Page 19 1611 ~ 4 January 21, 2009 MR. ZACHARY: And Mr. Meran, if you could go through this packet with the board and explain to them what it is. If you could explain to the board what this is. MR. MERAN: Page number one, this is a letter from Dark Peak LLC, dated January 3rd, 2005, 7:00 a.m. Presented by Marcia Tinberg and Charles Willey. On that day, they was talking about going to a partnership with me. Marcia Tinberg, Carlos 1. Meran, to buy property. The second page -- the third page dated March 15th, 2005. The bottom paragraph, Marcia Tinberg and Carlos Meran informed Fred L. Baietto, partner in B& W Paving and Asphalt, on March 15th, 2005 that Carlos Meran and Marcia Tinberg will be doing paving in Collier County under Charles Willey license. February 20, 2005, Marcia -- fourth page. On February 20, 2005, Marcia Tinberg agreed to buy equipment with Carlos 1. Meran for paving business, Southwest Florida, as well as equipment for clothing business in Florida. This are -- the fourth page. This is check proving -- dated March 13, '08, made out to Carlos Meran that was onjob that was done. Four (sic) page, also checks prove that it was paid for paving. And if you go down the list, those are the proof that I have that I work for the guy paving. Not only driving, but paving. MR. GUITE': And this man says that you were only a truck driver for him? MR. MERAN: Yeah. MR. GUITE': And you got checks for $11,000? For a truck driver, he makes pretty good money. MR. MERAN: I got a check -- CHAIRMAN JOSLIN: I need to get ajob like that. MR. MERAN: n on the very last page of those Colonial Bank letterhead dated March 28, '08, made out to Carlos Meran for $38,770. That was the final payment. If you read on the bottom, it say Page 20 16:*lA 4 January 21, 2009 equipment. That was the day that he paid me for the half of the ownership that I have with him. That was the last check made out to me. And then on the following page, I got plenty of checks made out to Charles Willey. 2,525, 2,200, $2,000. Keep down the line, I got checks from Carlos 1. Meran made out to B&W Paving Contractors, Southwest Florida. 1,490, 12,500 made out to Charles Willey. 6,160,4,500. B&W Paving Contractor paying Carlos Meran, 1,560, 1,560. And if you keep on flipping the pages, you will see that I was not a truck driver, like he say. I got the experience when I got together with Jose Moya. He could tell you more about my knowledge of pavmg. I got one more proof that I was not only driving for him, but we bought a LeeBoy 7000 Paver. We pay $70,225 for that paver. Half of that, it was my money. All the equipment insurance was under my name, Carlos 1. Meran, B& W Paving Contractor. My address was there. CHAIRMAN JOSLIN: Okay, that's enough for the moment. MR. JERULLE: I have a question about your letter of April 3rd, 2008 in here. MR. MERAN: April3rd? MR. JERULLE: B& W Paving Contractors. From the law offices of Glantz and Glantz. MR. MERAN: What was that? MR. JERULLE: From the law offices of Glantz and Glantz. MR. MERAN: Okay. That letter went to my house, made out to B&W Paving Contractor, attention Charles Willey. A problem with a driveway. Proof that he used my address. That's what I'm trying to show here. MR. JERULLE: Okay, but there was a problem with this lady's driveway. Page 21 16 (1 A 4 January 21, 2009 MR. MERAN: Yeah. I don't know if they solved the problem, because he never -- we never talked to each other after we broke up. I didn't do anything to the -- MR. JERULLE: But you were half owner in the company. MR. MERAN: Yes. MR. JERULLE: And you don't know if you resolved this lady's problem. MR. MERAN: At this time on April3rd, we received the letter like two weeks after we broke up. We broke up on March 19th. MR. JERULLE: January of2009 and you don't know if this lady's driveway has been repaired? MR. MERAN: Oh, no, I don't know. Because I was not -- we were together up to April 19th, 2008. And-- MR. JERULLE: But the date -- MR. MERAN: -- this was after the fact. MR. JERULLE: -- of the letter is April3rd. MR. MERAN: Yeah. And this -- MR. JERULLE: Prior to you breaking up, you received the letter. MR. MERAN: No, no, no, that was after. The last date that we worked together was March 19th. This letter is dated -- MR. JERULLE: You said April, I'm sorry. MR. MERAN: -- April, 2008. I don't know if this was resolved. And the proof of the checks, the last check for $38,000 -- MR. JERULLE: When you said you broke up, how did you break up? MR. MERAN: He just told me one day we don't want to be in business together, something that we -- MR. JERULLE: Did you own shares in that corporation? MR. MERAN: I was not on any way, shape or form on any piece of paper ofB&W Paving Company, even though that I own half of the equipment. Page 22 Ib"f lA! 4 January 21,2009 MR. JERULLE: So you owned half of the equipment, not half of the company. MR. MERAN: Right. MR. JERULLE: And you don't know if this lady's driveway has been repaired to date. MR. MERAN: Not to my knowledge. CHAIRMAN JOSLIN: I've got one other question. On the next page, it doesn't have a page number, but there is another promissory note that was made out to you? MR. MERAN: Yeah. CHAIRMAN JOSLIN: It appears it must have been from B&W that owes you or -- did they sign a promissory note to you for $75,000; is that correct? MR. MERAN: I never lent any money to Charles Willey. This was made up. Why? Through the divorce. MR. DICKSON: Mr. Neale, let me speak to you for a minute. Where I sit right now is yeah, he pretty well showed that he's got experience. But when these things come to light, everything gets opened up. And I see possibility, strong possibility of workers' compo fraud, I see strong possibility of tax evasion. I see all sorts of issues that are now more pressing than an issue of whether he has expenence. So I'm looking legally from you. He came in here to verify experience, but I got other issues now. MR. NEALE: Well, the section that I read to the board clearly sets out that the board is reviewing the application for his competency under this section of the code, whether he is qualified to be a contractor. Therefore, the board can look at the other aspects. I think as far as the tax issues and such, the tax issue is probably one that is not within the purview of the board. But certainly workers' comp issues are directly related to the board's review of an application. Page 23 16flA 4 January 21, 2009 What I would suggest to the board is if they do have concerns in those areas, since he only had the opportunity to prepare for an experience affidavit, is that you could -- if the board so decides, have him come back with a response to the other issues the board sees, or the board is certainly within its power and ability to approve or deny this application, based on the evidence presented today. Because the board really is only considering the evidence as presented today and in the packet. CHAIRMAN JOSLIN: Would that be a better way to do it at this moment, just deny the motion at the moment and then let him come back with more information and maybe come before us again with affidavits that he can get? I understand where you're going. MR. DICKSON: At the same time, he's not a member of the corporation. MR. NEALE: No. And that -- you know, even though he asserts under oath that he was a partner, but not on the documents, officially and legally he was not a partner, so therefore, unless he was the qualifier, which he was obviously not -- MR. MERAN: No. MR. NEALE: -- Mr. Willey was the qualifier, he doesn't have responsibility under the code for workers' compo issues, for tax issues or anything like that, because it's the qualifier that this board would look to if there were any such violations. What the board is looking to in this instance is solely his qualifications to obtain this license, not what may have happened with another qualifier in a prior business. CHAIRMAN JOSLIN: Just like Mr. Jerulle said regarding the affidavit -- or the information that he had no knowledge of taking care of this woman's problem with the driveway. He would have no knowledge of doing that. MR. NEALE: Well, whether he had knowledge or not-- CHAIRMAN JOSLIN: Not knowledge, but n Page 24 t~Jy ~,~oo94 MR. NEALE: -- it was not his responsibility, because he wasn't the qualifier. CHAIRMAN JOSLIN: Right, exactly. So it doesn't matter to him if it was taken care of or not in reality. MR. MERAN: That letter was not directed to me. Did I open the letter? Yes, it went to my address and I opened the -- MR. DICKSON: Mr. Meran, we're not even talking about that, so don't interject, okay? CHAIRMAN JOSLIN: Yeah, this is not something -- MR. DICKSON: What I'm talking about, and I'm madder than hell about, is contractors that operate like this. When all five of us are contractors up here and we try to play by the rules and play by the book and do our taxes and do our insurance, but we've got people out here operating like this that undercut us every day and put us out of business because of dishonesty. That makes me mad. MR. MERAN: I have knowledge of that. I didn't have a phone number for me to call. I call a few people. He was the only guy getting the job, getting the job, doing all the paperwork. My involvement with the company, B&W Paving, it was to go out there and do the job. Call me every morning, where we going? Go do this, do that. MR. DICKSON: Thatts what I was resolving with him. My anger is not directed at you right now. MR. MERAN: Okay. MR. DICKSON: But I do have quite a bit of anger when I see checks like this. MR. MERAN: There's plenty more. CHAIRMAN JOSLIN: And a sizeable amount of money. MR. JERULLE: Mr. Ossorio, has he passed a business-- MR. OSSORIO: Yes, he's met all the requirements to pass the trades exam and the business procedure test. MR. DICKSON: Is there a license -- is there a -- oh, he did his Page 25 16:t:l 111 4 January 21, 2009 trade also? MR. OSSORIO: He did his trade. He's filed for worker's compo exemption, he has liability insurance and has a corporation. CHAIRMAN JOSLIN: A workers' compo exemption. And he's going to go do an asphalt driveway. By himself? MR. OSSORIO: Well, you can have either workers' compo exemption or you can have staff leasing or you're going to have employees through a payroll service. MR. MERAN: I got my certificate of liability for Workmen's Compo Which that letter was faxed to the board, and it was never put in my application. CHAIRMAN JOSLIN: So you have insurance and Workmen's Compo now? MR. MERAN: Yes. CHAIRMAN JOSLIN: Okay, that's enough. MR. DICKSON: I move that we approve his experience. Grant the license. MR. GUITE': I'll second, Guite'. CHAIRMAN JOSLIN: We've got a motion and a second. All those in favor? MR. GUITE': Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. MR. BOYD: Aye. CHAIRMAN JOSLIN: Any opposed? MR. JERULLE: Nay. CHAIRMAN JOSLIN: Motion carries 4-1. MR. DICKSON: Do we have the right, Mr. Ossorio, to forward these documents to workers' compo division and the state for any action they feel -- deem necessary? MR. NEALE: Yeah, I think the -- frankly since they are now public record, since they've been placed on the public record here, that Page 26 16 t A 4 JaJuary 21, 2009 becomes sort of almost irrelevant. Since they are public record, they can be forwarded anywhere, because anybody can access them. CHAIRMAN JOSLIN: Do we need a motion to do this, or can this be done -- MR. NEALE: I would suggest leaving that in Mr. Ossorio's purview. CHAIRMAN JOSLIN: Okay. MR. MERAN: I got one more thing to say. CHAIRMAN JOSLIN: No. MR. NEALE: Please don't. MR. OSSORIO: Mr. Chairman, one of the things that we do in our office is that under the contractor licensing, if Mr. Meran wishes to fill out a formal complaint, we would do the investigation ourself on a misconduct. So if Mr. Meran wishes to do so, he could do so. But he would have to testify to the board of the extent of his businesses with B& W Paving. CHAIRMAN JOSLIN: Let's just say he chose not to. Would it make a difference? MR. OSSORIO: Well, then it would be hearsay, and it wouldn't be -- we need direct testimony for that particular charge. CHAIRMAN JOSLIN: Is this packet not now into public records and information, or no? MR. OSSORIO: I think this hearing is closed. But the -- to open up an administrative complaint, we would need more. MR. NEALE: Yeah, the hearing is -- yeah, all of the information in the packet is public record. CHAIRMAN JOSLIN: Public record, correct? Right, so that could be used in Michael's continuance of what's going on. MR. NEALE: The county can -- you know, I mean, within the purview of the code, the county can initiate an investigation on its own. CHAIRMAN JOSLIN: Okay. That would be my Page 27 161 1 A 4 January 21,2009 recommendation to Mr. Ossorio then. You're done. MR. MERAN: One more thing to say. The owner ofB&W Paving is here today. CHAIRMAN JOSLIN: We really don't want to hear that right now. Y ou're done and your license has been okayed. MR. MERAN: Thank you. CHAIRMAN JOSLIN: Good luck to you and make sure you keep your nose clean. MR. MERAN: I will. CHAIRMAN JOSLIN: Okay, we'll reverse one time. I'm still looking for a Charles R. McDermott. Are you present? MR. McDERMOTT: Yes. CHAIRMAN JOSLIN: Mr. McDermott, would you please be sworn m. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Before me it looks to me like I have a request for a hearing on citations you received. Two citations, apparently. MR. McDERMOTT: Just one, sir. CHAIRMAN JOSLIN: One citation. I'm showing two. MR. OSSORIO: Mr. Chairman, just to clarify, the one hets contesting, the 4281, the 2149 was 2005. I don't think Mr. McDermott is contesting that. Obviously you can't, it's over 10 days. CHAIRMAN JOSLIN: I got you, okay. This is a citation for power washing a roof. Do you want to explain what happened? MR. McDERMOTT: Yeah, I contracted with the homeowner to do a power wash of the pool area and driveway, and I was approached by a painter. And he said, if you want that roof done, I can do it for you, I've got a painting license, blah, blah, blah. Handed me a card. Told the homeowner. Homeowner said, yeah, might as well get Page 28 16 r1 A 4 January 21, 2009 it done, too. So the kid was on the roof and he was doing the work. And I was approached by the -- a code enforcement guy, and I was ticketed for it. He originally wanted to ticket the fellow who was on the roof, but the fellow said he didn't have a license, he wouldn't give his license. And he said, well, I've got to see a license from somebody real fast or else they're going to call the police and -- CHAIRMAN JOSLIN: So the ticket was issued to you then. MR. McDERMOTT: Right. CHAIRMAN JOSLIN: Did the man work for you? MR. McDERMOTT: No. CHAIRMAN JOSLIN: Not at all. MR. McDERMOTT: I met him just about a day before that, and he gave me a card. MR. JERULLE: Who paid him? MR. McDERMOTT: Well, I gave him the portion of the money from the homeowner. CHAIRMAN JOSLIN: So in reality you did pay him. You did have him work for you. MR. McDERMOTT: Well, you know what I mean? I wasn't going to get two different checks from the homeowner. I just -- CHAIRMAN JOSLIN: Okay. MR. McDERMOTT: The fellow was -- you know, he took off and, you know, it was over. MR. JERULLE: The homeowner paid you -- MR. McDERMOTT: Well, yeah, I mean, I had to finish my portion. MR. JERULLE: Excuse me, I'm asking a question. The homeowner paid you to power wash the pool area and the roof -- MR. McDERMOTT: And driveway. MR. JERULLE: And the driveway. And the roof-- Page 29 1611~ 4 January 21, 2009 MR. McDERMOTT: And his money for the roof. MR. JERULLE: And you hired this other gentleman to do the roof. MR. McDERMOTT: Okay. CHAIRMAN JOSLIN: Okay. MR. JERULLE: No, I'm asking the question. MR. McDERMOTT: Well, you know what I mean? It was there and he came up to me and he presented a card. I thought he was a legitimate painter. Seemed to have all the look and the credentials and the -- said, you know, we can get this done for you and we can take care of your homeowner and -- MR. JERULLE: Is that a yes? MR. McDERMOTT: I guess it's a yes. MR. DICKSON: He's not even a legitimate employee or a legitimate subcontractor. MR. McDERMOTT: I guess not. MR. JOSLIN: He might have got the card down at Circle K off the bulletin board. MR. McDERMOTT: No, I didn't get this. CHAIRMAN JOSLIN: No, not you. I'm saying your friend that you met, however you met him. MR. McDERMOTT: Well, yeah, he approached me. CHAIRMAN JOSLIN: Well, I guess that will be a lesson to you then. You better watch who you have come and do work for you when you've already contracted to do the job, if you're getting paid. Because once you pay that person -- now, if the homeowner would have paid him, it would have been a different story, see, it wouldn't have been on you. It may not have been correct or the right way to do a process, but nevertheless you wouldn't be here today facing this fine. MR. DICKSON: I move that the citations stand. CHAIRMAN JOSLIN: I second the motion. Motion and a second. All those in favor? Page 30 I 6 1~1 A 4 January 21,2009 MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. You have to pay the fine, sir. Sorry. MR. McDERMOTT: All right. Okay, that ends all the new business items. We've got one item on old business. Mr. Calvin Courtney, are you present? I don't see him. MR. OSSORIO: Mr. Chairman, Calvin Courtney left me a message yesterday basically saying that he had some sort of emergency. And I would like to go ahead and postpone this till the next meeting. CHAIRMAN JOSLIN: Okay. So moved, we'll do it. All right, we've got a bit of a -- cases with public hearings. People need a break at all? No? You good? Okay. All right, let me give you a quick insight of what goes on here. This is public hearings. First of all, is James Schuck from Marco Marine Construction here? MR. SCHUCK: (Indicating.) CHAIRMAN JOSLIN: You are here. Would you please come to the podium on this side. What's going to happen here, we're going to have some basic opening statements from both parties. Then after each party gives those opening statements, we'll have each side present their case to us. We'll hear testimony from those two parties, in which case you'll be able to ask questions of the witnesses, if there are any witnesses Page 31 164 lA 4 January 21,2009 available or any witnesses going to testify. In which case then we're going to have a quick closing short statement, closing statements. And then we'll close the public hearing and then the board will deliberate here on the conclusions of law and the final penalty phases, ifthere is any. MR. OSSORIO: Mr. Chairman, just before we get started with this particular public item, I believe what the county wishes to do, and maybe Robert Zachary can help us out, is that this gentleman will stipulate to the charges, of all charges that were cited under the Administrative Code, under the misconduct. I would like to have Ian have an opening statement, walk you through what happened, and Mr. Schuck will go ahead and contest (sic) to what he did. And on the back of your exhibit, you'll see a stipulation charge, and that will be something you can deliberate on after. So we'll try to expediate (sic) this, if he wishes to plead this case. That's something Pat Neale will talk to you about. MR. NEALE: Yeah. And this -- it's not unprecedented for this board to obtain and receive a stipulation, an agreed -- where essentially this is a simpler way to resolve the case, if the board so agrees to the terms of the stipulation. For lack ofa better term, it's similar to a plea bargain in a criminal court, whereby the party agrees to plead to a certain charge, based upon an agreed upon set of penalties. And so what the board can do is obviously the board has the power to approve or deny the stipulation, but it can certainly expedite this hearing in that if the board hears the opening statement, then hears the stipulation to the charges, reviews the penalties and feels that that's appropriate, then the board can just adopt the stipulation and agreement as being the findings of this board, and that can be converted into a normal order. And the penalties and everything would go forth as if a regular hearing had been held and an order was issued. CHAIRMAN JOSLIN: One question. How does the stipulation Page 32 16 , 1 A 4 January 21, 2009 evolve? How did this come up? Or who put together the items of penalty phase that he agreed to? How did this come about? MR. OSSORIO: Mr. Chairman, one of the things we looked at this year is -- one of the things that I looked at was we've noticed that there's maybe more cases this year than we had in the previous years in the past. And to come to better resolution and to expediate (sic) the licensing board and the hearings, we try to follow suit with code enforcement, the board does. Their staff usually comes with a recommendation or stipulation. And either the board agrees to it or they don't agree to it, whatever you prefer. But that's something that we would like to get forward into. I mean, with the board's pleasure, of course. MR. DICKSON: May I discuss something? CHAIRMAN JOSLIN: Yes, you sure may. MR. DICKSON: Before we get into this, this goes back before your time, Michael. I think Michael-- or Mr. Joslin and Mr. Neale and I, I think were the only three that know it. But this nasty word longshoreman insurance. This county has been through this years and years and years ago. One contractor could afford it, none of the others could. We fought it. We had cases. We reversed cases. We changed it. And the county finally came down with a rule that it's a federal act, it's not a county act or a state act. We finally came down with a rule that longshoreman insurance would not apply in Collier County because these canals were not considered navigable waterways. Do you remember this, Mr. Neale? MR. NEALE: Yep. MR. DICKSON: So is longshoreman insurance an issue in this case? MR. NEALE: I don't know. Is longshoreman's on this or just regular insurance? CHAIRMAN JOSLIN: Longshoreman. And I think Workmen's Page 33 16flA 4 January 21,2009 Compo was also listed on here, no? MR. DICKSON: It's listed in the summary. MR. NEALE: Yeah, what did finally resolve, though, is that -- and my understanding, and of course as you correctly point out, it's been a number of years ago. But my understanding is that at the end of the day it came out that yes, longshoreman insurance was going to be required and there was nothing we could do about it. MR. OSSORIO: Mr. Dickson, just to -- maybe I can clarify. I was here when we had all those meetings. And if that was what we talked about to strike it from the code, we would surely have done so. Clearly it's in the code. We do have a building block that clearly states that you need longshoreman insurance. And longshoreman insurance has changed over the years, referencing payment and different class codes. The federal government's finally realized that, you know, they're not building this bridge or this barge or this whatever, this widget they're doing on these huge bays. And it has been more affordable. I've been to many marine associations, and the marine industry has really got involved in Tallahassee and really pushed for a new class code. And maybe Marco Marine can talk to you about that. But there's more that meets the eye here. And we understand longshoreman insurance is expensive, but it is in the code, and we do have a building block and we do have a letter from the state and also from the federal government that it is mandated, that longshoreman is needed on navigable waterways. So I was in those meetings many years ago. MR. DICKSON: But does it apply to all the contractors that work on these docks? MR. OSSORIO: Oh, yes. MR. NEALE: Yeah, electrical contractors and everything. MR. DICKSON: See, that applies to me. I was told by the county when all this was going on and they made this final rule Page 34 . 16 (1 ~e~, January 21,2009 because some of these docks have roofs on them. MR. OSSORIO: There's no doubt about it. There is a policy. Like I said, there is a building block. And we take -- and we look at if you're working -- if you're working from the shoreline and it's incidental to what you're there for, electrical or if you're doing some plumbing work or something out there to the dock, longshoreman is not needed. But if you're building this huge levy or this dock or this something with a big barge, it's called a floating device. So if you're on a floating device or near a floating device, you would need to have longshoreman insurance. And we take that into consideration. MR. DICKSON: You're not talking a dock in the backyard? MR. OSSORIO: Well, we're talking a dock. We're talking if they -- if a barge pulls up and it's on a floating device, unfortunately we have to abide by the code and the building block and what the code tells us. If you're on a floating device and you are incorporated, you need to have longshoreman insurance. CHAIRMAN JOSLIN: But that's not the question. Mr. Dickson is asking about a -- a lot of these docks have basically maybe undercover docks where a boat can drive in -- MR. OSSORIO: If you are a navigable-- CHAIRMAN JOSLIN: -- that needs a roof. Now, ifhe has a roof on it -- MR. OSSORIO: If you're working-- CHAIRMAN JOSLIN: -- that's not floating. But would he need longshoreman insurance? MR. OSSORIO: No, he would not. Like -- I'll go ahead and specify it again for you. If you're using a floating device. If you're on a barge, a boat. If your feet are not on the property or on land, you need longshoreman insurance. So in other words, if I'm a roofing company and I'm replacing a little piece of shingle on a dock, no, we're not going to make you get longshoreman insurance. But if you were Page 35 16Ft A 4 January 21,2009 telling me that you're a marine contractor and you come into the City of Marco Island or City of Naples or Collier County requires to do this $50,000 dock extension with this barge, you're going to need longshoreman insurance. If you don't have it, you're not going to get a building permit. MR. DICKSON: Okay. I thought it was resolved another way. CHAIRMAN JOSLIN: Okay. So then you don't need the insurance is what we're saying. MR. DICKSON: As long as Mike's there. MR. NEALE: As long as you're not operating off a barge. CHAIRMAN JOSLIN: Or off a barge. Okay. All right, let's begin, I guess with all that said. Maybe we'll get some answers from these two gentlemen here. Ian, you want to begin with the opening statements -- or be sworn in, I'm sorry. And also, before we start that, we'll need to have a motion to place this packet into evidence. MR. DICKSON: So moved, Dickson. CHAIRMAN JOSLIN: Second? MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. OSSORIO: Mr. Chairman, just to clarify, can we combine Case No. 2009-2 and 2009-1, or is that possible? MR. NEALE: I would suggest to the board to do that. CHAIRMAN JOSLIN: I think we could do that. Page 36 16t1. A 4 January 21,2009 MR. NEALE: There's precedent to do that where we combine-- CHAIRMAN JOSLIN: Okay. Then we need to have Mr. Ricci come up and be sworn in also. (All speakers were duly sworn.) CHAIRMAN JOSLIN: And also, would you make the motion amended to bring in Case No. 2009-1 and 2009-2. MR. DICKSON: I'll so amend my motion. MR. GUITE': I'll second it. CHAIRMAN JOSLIN: Motion and second. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Mr. Ian, go ahead. MR. JACKSON: Thank you. These cases obviously involve insurances. Not only is the longshoreman's one facet of the issue here, but the Workers' Compo is another facet. There was a lapse of coverage in which the company was knowingly performing work for a substantial period of time. I've heard dates from the insurance company up to 10 months. And I have documentation from these gentlemen that show it might not have been 10 months. But the bottom line is that there was a lapse of coverage, and the qualifiers that are here before you acknowledge the lapse of coverage and acknowledge the fact that they were working without the coverage, Workers' Compo and longshoreman's. That sums up Count 1. Page 37 161 1 ~ 4 January 21, 2009 And Count II, there was one case that I know of them performing work without an issued building permit by Collier County. Due to the fact they couldn't have the building permit issued because of the lack of coverage and the status of their license. And I know as we've touched on, we have the stipulated agreement. If it would please the board, I'll read that so it's entered into the record. CHAIRMAN JOSLIN: At this moment, maybe we don't have to do that right now. Let's wait for just a moment and let's hear the statements of their side. And then we'll get down, maybe we can skip a lot of these episodes and go right to that -- MR. JACKSON: Certainly. CHAIRMAN JOSLIN: -- particular section. MR. OSSORIO: Just want to make sure, Michael Ossorio, Contractor Licensing Supervisor. This was a call-in complaint with the cooperation with the City of Marco Island and the City of Marco Island building official. I guess what transpired between the longshoreman and the Workers' Compo issues -- and every contractor knows that once you have a policy, you need to pay your premium. If you don't pay your premium, they cancel you. And unfortunately knowingly, not these qualifiers, but the owner of Marco Marine Construction knew about there was no coverage and they continued to work. But we did get an investigation and we did get a complaint referencing them working in Marco Island or close to Marco Island without any building permit. And that the reason why, like Ian Jackson said, was they could not get a building permit because their certificate was inactive because of the insurance. But they had been working for many months with the insurance company to come into compliance. And that's the issue. The issue is that they knowingly did not pull a building permit Page 38 16:f,lA 4 January 21,2009 on this exhibit. You can look at the exhibits, if you'd like, the photographs. Clearly depicts that you need Workers' Compo and you also need the building permit to do this work without it (sic). So this is a willful code violation on their part. CHAIRMAN JOSLIN: One quick question. Does workmen's compensation and longshoreman's insurance, are they insured by the same company? I mean, is it workmen's compo and longshore combined together when they get insurance of this nature for a marine contractor, or is it two different companies? MR. JERULLE: It could be both. MR. OSSORIO: It could be both. CHAIRMAN JOSLIN: Either way? MR. JERULLE: Yeah. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: On this particular case, I think Marco Marine was dealing with one insurance carrier, and they had longshoreman insurance and they had Workers' Compo coverage. CHAIRMAN JOSLIN: So they could have had workmen's compo through one company and longshoreman's through another company, if they chose to. MR. OSSORIO: Yes. And that does happen. And we get -- we are the certificate holder and we put that in the database. CHAIRMAN JOSLIN: Okay. Okay, let's hear the opening statement from -- which one's going to speak first? MR. NEALE: What I would suggest to the board is based upon the way this case has been presented is that you have the two respondents testify that they agree to and accept the terms of the stipulation agreements as set out. That can be a basis. If the board then subsequent to that decides that they want to go further and pursue the case in full, then they could go from there. But I think for purposes of this, I would suggest that you have them testify that they accept the terms of the stipulation agreement as set out. Page 39 16rl..A 4 January 21,2009 CHAIRMAN JOSLIN: I just wanted to hear the reasons why, but that's okay. Okay? Then Mr. Ricci and Mr. Schuck, you are present, right? MR. RICCI: That's correct. MR. SCHUCK: That's correct. CHAIRMAN JOSLIN: Have you read the stipulation and agree to the stipulation that was given to you regarding this case? MR. RICCI: Yes, we have. MR. SCHUCK: Yes, I have. CHAIRMAN JOSLIN: And do you agree to the penalty phases that were given to you or promoted (sic) to you at the moment? MR. RICCI: Yes, we have. MR. SCHUCK: Yes, I have. MR. NEALE: And what I would just suggest is that you also get them to testify on the record that they are agreeing to the stipulation agreement based upon their own free will and that they are not being coerced in any way, shape or form to sign this stipulation agreement. CHAIRMAN JOSLIN: During the stipulation agreement you were in no way coerced into signing it, you did it on your own free will? MR. SCHUCK: That's correct. MR. RICCI: Yes, we did. CHAIRMAN JOSLIN: And this is all for the record, okay? MR. RICCI: Yes. CHAIRMAN JOSLIN: I would still like to hear just one quick scenario, just one quick synopsis from you of the reason of why you didn't have insurance. Was what the reasons of why you let this insurance lapse so long. Maybe a week or two or 10 days or 20 days, okay, but for 10 months? MR. SCHUCK: We're a family owned and operated business and we had a family member that was handling this. And apparently she did not pay, I think that Ian says from December of2007. But we Page 40 16TIA 4 January 21, 2009 got a certificate of completion from a Collier County job dated May 22nd. So we don't know when it was abandoned. CHAIRMAN JOSLIN: When it lapsed. MR. SCHUCK: Not paid or what. We found out August 27th when we tried to apply for a seawall permit that we had no insurance. At that time we had a change of ownership. The lady that was handling this is no longer with us. And at that time we tried to get the insurance. Well, because it had lapsed, we had an audit. They wanted $34,000 up front. So to come up with $34,000 -- we're a ma and pa organization. We don't have backers, so we had to continue on. And we had to get contracts. And most of the people we've had contracts with, we told them our predicament. We didn't try to dupe anybody. All our employees knew about it. It was because of one person's negligence that we're in this situation. And it took us until January 2nd, I think, to come up with the insurance. Because they asked for $34,000. We gave them $34,000, and then they asked -- they came back and asked for another $20,000. And so in the meantime, you know, we thought we had it. And then they said we sit on you for 30 to 45 days before we issue your msurance. So it took a long time to get the insurance. Yes, we worked without it. We take full responsibility of it. And as far as working without the permit, I mean, we had deadlines to keep, these people knew it. I mean, if we would have stopped work, I mean, we had open permits, you would have had a bigger mess than what you have now. CHAIRMAN JOSLIN: You would have had a bigger mess if someone would have got hurt on that job. MR. SCHUCK: We would have took care of them. MR. JERULLE: Are we allowed to ask questions? CHAIRMAN JOSLIN: Sure. Page 41 161 1 A 4 January 21, 2009 MR. JERULLE: Who writes checks for your corporation? MR. SCHUCK: At that time Patti Price. And now it's D.l. Ricci, Jr. and myself. MR. JERULLE: So Patti Price wrote the checks? MR. SCHUCK: She was the one that up until September was handling the affairs. MR. JERULLE: Was she the owner? MR. SCHUCK: That's correct. She was the president. MR. JERULLE: She was the president and she wrote checks. Did you review the checks? MR. SCHUCK: Sometimes, yeah. Not all of them. Believe me, we were -- asked these questions of her, and she said she had it all in her head. Didn't want any of our help. MR. JERULLE: But you're the owners of the company. MR. SCHUCK: Qualifiers, yes. CHAIRMAN JOSLIN: Is there a different owner of the company versus the qualifier? MR. SCHUCK: She's still the owner. It's in to get taken out. It's in the lawyers hands. So she's removed from it. CHAIRMAN JOSLIN: So technically she is the owner. MR. SCHUCK: Yeah, she's the president -- CHAIRMAN JOSLIN: You're just qualified, so you're taking -- MR. SCHUCK: No, no, she's not the qualifier-- CHAIRMAN JOSLIN: No. You both are the qualifier. MR. SCHUCK: -- Mr. Ricci is. Yes, that's correct. CHAIRMAN JOSLIN: Is there any other qualifiers in Marco Marine besides yourselves? MR. SCHUCK: Donald P. Ricci, Jr. He has a state license. MR. RICCI: If I may add, Don Ricci, Sr., we've been in business since 1980. Been a long time. Probably the longest longevity of any marine contractor in Collier County. We've got a good reputation. Page 42 ...... 4 -:. A 16 ~ lJanuary21,2009 Probably 15,000 customer base. We made a decision as a family. We had 15 employees that we would have put out of work in making this decision. We were told every day that tomorrow, tomorrow, tomorrow we'd get it. They put it into an audit situation. They said they could take up to nine months to do this, you know, which was ridiculous. We spoke to some legal counsel on it. They said, you know, you're at their mercy. And so we applied for that permit in Goodland. It was ready. They called and told us to come and pick it up. So we knew that with the work that we had proposed to do was in approval of Collier County. And Mr. Schuck and I and my son, we made a decision that just bad times, that we would, you know, try to get this job completed so we could afford to pay the workmen's compo And as we all know, to come up with, you know, 60 some thousand dollars overnight is a tough deal. We even went to the banks to try to get loans and bridge loans, and we were turned down in every case. We never had this problem at all in the company. MR. JERULLE: The audit is based upon work performed in the past. CHAIRMAN JOSLIN: Right. MR. RICCI: That's correct. MR. JERULLE: So you didn't pay the insurance in the past. MR. RICCI: No, actually, we had -- MR. JERULLE: This is for -- when you're doing an audit, you're doing an audit on the last year's income, and you're audited on the value of the work and then you're paying the insurance on the value of the work. So you've already been paid this money. MR. RICCI: Yes. In some respects, yeah. MR. JERULLE: Mr. Ossorio, does he have any past fines? MR. OSSORIO: Not that I know of. Not Mr. Schuck or Sr. Junior there might be some issues that we handled internally, but Page 43 l;;flA 4 'ianumy 21,2009 nothing out of the ordinary, no. MR. NEALE: And I would note to the board that we probably should have the terms of the -- I'm sure the board's reviewed the stipulation agreement, but I would suggest that the terms of that agreement be read into the record, just so that the board can have them in front of them to hear them. Because I think once the board sees those, that will allay some of your concerns about where we're going here. So maybe you could have county staff to read the stipulation. CHAIRMAN JOSLIN: Well, okay, if there's no further-- MR. RICCI: On those items, if it's possible to grant us some more leniency in time. Because the business atmosphere obviously is not any better than it was, you know, six months ago. CHAIRMAN JOSLIN: Thank you, we'll take that into consideration. MR. RICCI: Appreciate it. CHAIRMAN JOSLIN: At this time then we'll close the public hearing, if there are no further comments from either side. We've heard the case, we've heard testimony, and the respondents have pretty much admitted the guilt, so we can go right into reading the stipulation and going into the final phases. MR. NEALE: I would suggest that prior to closing the public hearing, that the board have the stipulation read into the record and then subsequently after that close the public hearing -- CHAIRMAN JOSLIN: Okay. MR. NEALE: -- just so that it's on the record as part of the hearing. CHAIRMAN JOSLIN: Okay. Mr. Ossorio, would you like to read the stipulation that you have entered into with these people? MR. OSSORIO: I'll let Ian Jackson do it, since he's the narrater of it. CHAIRMAN JOSLIN: Mr. Jackson? Page 44 ;J'.! ~ .tl 16 1 '1mfiry if, 2009 MR. JACKSON: This is Case 2009-1, Board of County Commissioners, Petitioner, versus James G. Schuck, d/b/a Marco Marine Construction, Incorporated, Respondent. Comes now the undersigned, James Schuck, on behalf of himself or as representative for respondent; enters into this stipulation and agreement with Collier County. As to the resolution of notice of hearing and reference, Case No. 2009-1, dated for the 21st of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Case No. 2009-1, for which a hearing is currently scheduled for January 21st, 2009, to promote efficiency in the administrative complaint process, the parties hereto agree as follows: One: The violations noted in the referenced administrative complaint are accurate, and I stipulate to their existence. Therefore, it is agreed between the parties that the respondents shall : One: Pay operational costs in the amount of $500 incurred in the prosecution of this case within 60 days of this hearing. Two: Pay civil penalty in the amount of $5,000 within 60 days for Count I, 4.1.11, failure to maintain at all times with an insurance company authorized to do business in the State of Florida; the limits of liability and other categories of insurance as required by this ordinance. Three: Pay civil penalty in the amount of $1 ,500, within 60 days for Count II, 4.1.18, proceeding on any job without obtaining applicable permits or inspections from the city building and zoning division or the county building review and permitting department. Four: Serve a probationary period of 12 months in which any violation of Ordinance 2002-21, as amended, would result in the immediate suspension of Collier County Certificate 26439, and a hearing of the violation at the next scheduled Contractor Licensing Board. Page 45 :Zco. A 4 16 I L~uary 21, 2009 Five: Successfully complete an approved business and law test within the 12-month probationary period. MR. OSSORIO: Mr. Chairman, just for clarity purposes, it's going to be suspension of Collier County Certificate 13520 as well. And Donald P. Ricci, Sr. is before you today in Case No. 2009-2 and 2009-1, since we combined them both. CHAIRMAN JOSLIN: Okay. Isn't there two licenses involved, though? MR. OSSORIO: They are. And I thought there'd be the two certificates. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Unless you want to read both stipulations in the record. MR. NEALE: No, just read the one. And since the terms are identical just have them apply to both. CHAIRMAN JOSLIN: Okay. So the terms and conditions of the stipulation will apply to License No. 13520 and also 26439. MR. JACKSON: Correct. MR. DICKSON: You said suspended. I thought it was probation. MR. NEALE: Yeah, it's probation, not suspension. CHAIRMAN JOSLIN: Probation, right. MR. DICKSON: Correction. Okay. MR. OSSORIO: Well, under section four, immediate suspension of Collier County Certificate ifhe violates within the next scheduled Contractor Licensing Board. So there is a suspension if he violates anything under 2006-21, as amended, within a 12-month period. MR. DICKSON: Okay. CHAIRMAN JOSLIN: Okay, one other item. In the meantime, by the stipulation of the 60-day period is to pay the amounts of -- the fines that are due. What about applying for new permits or gaining new permits or getting inspections on jobs that may be undergoing right now. Is this going to be something that we're going to allow to Page 46 16/1 A 4 January 21, 2009 keep going? MR. OSSORIO: Well, one of the things under the -- obviously every single contractor has to get a building permit, and that's expected. So if he violates something that's grievous or something we feel he violated at the code under to -- then we will bring it forward to the licensing board for further action. But every single contractor knows that before they start work, especially the Florida Building Code says you have to apply for a building permit and be issued one by the building official, so -- and get all inspections and pass all inspections. So that's a given. CHAIRMAN JOSLIN: Okay, one question for Mr. Ricci and Mr. Schuck. Have you obtained workmen's compo insurance and the longshoreman's insurance you need now? MR. SCHUCK: Yes, we have. CHAIRMAN JOSLIN: You have gotten it? MR. SCHUCK: That's correct. CHAIRMAN JOSLIN: Okay. And that's on file with staff? MR. SCHUCK: Yes, sir. CHAIRMAN JOSLIN: Okay, great. Okay, this stipulation being read into the record. Then as of now, we can close the public hearing. And you both gentlemen can have just a seat right in the front just for a moment. Right now we're going to go into deliberation with the board members to review the stipulation, if any changes or additions need to be done or added. What's your thoughts, gentlemen? MR. DICKSON: I move that we follow the county's recommendation. They know more about it than we do. CHAIRMAN JOSLIN: We've got a motion to accept the county's stipulation agreement. MR. BOYD: Second, Boyd. Page 47 16t'lA h January 21,1009 CHAIRMAN JOSLIN: And I have a second. Is there any discussion? (No response.) CHAIRMAN JOSLIN: No discussion, I'll call for the vote. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 5-0. MR. DICKSON: Now you need your short form. CHAIRMAN JOSLIN: Yeah, where is it? MR. NEALE: Because this was a stipulation, I think that in this particular case just the reading of the stipulation and the fact that the board voted on it is adequate and I don't think the board has to go through the full reading and findings of fact, conclusions of law. Because the board has accepted a stipulated agreement. CHAIRMAN JOSLIN: We can just enter this-- MR. NEALE: So we'll enter the stipulated agreement. And I'll draft an order showing that the board has adopted the stipulated agreement as entered into between the county and the respondents. CHAIRMAN JOSLIN: Great, okay. Good luck to you. MR. DICKSON: I remember those two gentlemen. They've been around a long time. They're good people. And they were part of that longshoreman thing when we had all those marine contractors in here. Yeah, they're just -- there's not many marine contractors left in this county. We're -- I think you can count them on one hand. MR. OSSORIO: Well, if you remember, Mr. Dickson, that Page 48 16 I 1 AJan~ry 21, 2009 Marco Marine Construction was very focal point about amending our Collier County ordinance too as well. They wanted it. So it wasn't like they didn't want it. MR. DICKSON: Yeah. Well, they're -- I remember those two. They are good people. CHAIRMAN JOSLIN: And they do good work. They've been around a long time. MR. DICKSON: Yeah. CHAIRMAN JOSLIN: All right, we have another case before us. It's Case No. 2009-03. Todd Grup, d/b/a T.A.G. Professional Carpentry, LLC. Are you present? MR. GRUP: Yes. CHAIRMAN JOSLIN: Would you come to the podium and be sworn m. (Speakers were duly sworn.) CHAIRMAN JOSLIN: Also, I will need a motion to enter the Case No. 2009-3 into evidence. MR. DICKSON: Okay, Dickson, so moved. CHAIRMAN JOSLIN: Second? MR. GUITE': Guite', second. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Once again, we're going to go through the routine with the Page 49 16rlA 4 January 21, 2009 opening statements. The county can present its side first and then we'll go to your side, Mr. Grup. MR. GRUP: Okay. MR. GANGULI: Good morning. Investigator Rob Ganguli. G-A-N-G-U-L-1. Collier County Contractor Licensing. The summary of this case is as follows: On December 19th, 2008, I, Rob Ganguli, Collier County License Compliance Officer, made a field observation at a job site at 6080 Dogwood Way in Golden Gate of carpentry work consisting of installation of roof trusses on an addition to a single-family home being built under owner/builder permit 2008062042. The three workers on-site stated they were employed by T.AG. Professional Carpentry and provided a business card for Todd A Grup. My on-site research revealed a delinquent Certificate No. 26457 issued for cabinet installation contractor. Further research revealed that Mr. Grup had scheduled the examinations for roof contractor and carpentry contractor several times, but had been unsuccessful in passing either test. This activity construes a violation of Collier County Ordinance 2006-46, Section 4.1.2, which regulations contracting to do any work outside the scope of his or her competency. CHAIRMAN JOSLIN: Mr. Tug (sic), would you like to comment or give your opening statements as to what happened? MR. GRUP: Yes, I would. CHAIRMAN JOSLIN: Just a short synopsis now. We're not going to get into the case just yet. Just a short overall picture of what went on. MR. GRUP: Well, I was -- on the day in question I was contacted by Mr. Ganguli. He called my cell phone and had asked me if! was working at 6090 Dogwood Way. And I had explained to Ron that -- or to Rob that I had supplied Page 50 16 r1 A 4 January 21,2009 the guys for the owner, but they don't work for me. And I wasn't acting as the contractor on that job by any means. The next door neighbor's a friend of mine, Tim Hayes. So the way I ended up over there finding out about the project was I was over there speaking with Tim Hayes. The owner next door was doing the addition. He came out. Wernet. He was a veteran, I'm a veteran. He was looking for some carpenters to do the job. I said sure, I'll help a battle buddy out, and I'll find you some carpenters. But they don't work for me. I didn't pay them. And I explained this to Rob. But I couldn't -- there was no communication. There was a big communication gap between he and 1. So that's why we're here today. CHAIRMAN JOSLIN: Okay, we'll go back to Mr. Jackson (sic). Any evidence or any other witnesses or any other testimony you want to give that's going to correlate what you're saying? MR. GANGULI: Mr. Joslin, Mr. Ganguli. CHAIRMAN JOSLIN: Mr. Ganguli, I'm sorry. MR. GANGULI: I'd like to present my case, if! may. CHAIRMAN JOSLIN: You may. MR. GANGULI: Okay, Board of County Commissioners, Collier County, versus Todd A Grup, Case No. 2009-3. Mr. Grup's charged with contracting to do any work outside the scope of his or her competency as listed on his or her competency card as defined in this ordinance or as restricted by the Contractors Licensing Board. On Friday, December 19th, 2008, I made a field observation at the previously mentioned address of three workers, Federico Cruz, Ishmael Mendoza and Jorges Mendoza installing trusses on an addition to the rear of a dwelling under owner/builder permit 2008062042, issued to a Craig A Layton, who was not working on the job site at the time of my visit. When I asked the workers about their employer, they stated they Page 51 16 I;ala~ 21~009 worked for T.A.G. Professional Carpentry, and Mr. Cruz provided a business card for Todd A. Grup. My investigation revealed a delinquent Certificate No. 26457 for cabinet installation contractor issued to Mr. Grup. My continuing research resulted in no licensing information being discovered for carpentry. A phone call was made to Mr. Grup, at which time I stated my concerns about framework being out of the scope of his license. During our conversation, Mr. Grup repeatedly inquired about what I was doing on his job site, insinuating I had no authority to be conducting an inspection there. Mr. Grup then responded that he was a business partner of the Certified Building Contractor Jack D. McNair of McNair Construction LLC, CBC-059162, and that the three workers performing the carpentry there were employed by McNair Construction. In a phone call to verify this, Mr. McNair stated that he was a corporate officer ofMr. Grup's company but was unaware of this particular job, was not in contract with the homeowner, and had not provided any employees to do any work at this location. A notarized affidavit, included in your evidence packets, was later obtained from Mr. McNair attesting to the same. In a phone call to the homeowner, Mr. Layton, he stated that although no written contract existed, a verbal agreement had been made with Mr. Grup to perform work on his project for, quote, a few thousand dollars. Mr. Layton further stated that he had never been in contract with McNair Construction, LLC. A notarized affidavit obtained from Mr. Layton attesting to the same is also included in your evidence packets. Prior to the end of the business day on December 19th, 2008, Mr. Grup appeared at the contractor licensing office and reactivated his delinquent cabinet installation certificate. Page 52 1611 A 4 January 21, 2009 After doing so, Mr. Grup requested a meeting, which was also attended by Investigator Ian Jackson. In this meeting Mr. Grup insisted that his business arrangement with Mr. Jack McNair allowed him to operate in this manner, but he would change any contracts over to McNair Construction, if it would satisfy the concerns of this office. On Tuesday, December 23rd, 2008, Mr. Grup again attended a meeting at the contractor licensing office and was personally served with a notice of this hearing, which he refused to accept. Service of this notice was also sent to him via certified mail, which he also refused. Mr. Ossorio, if I recall correctly, refusing a certified notice of hearing is a violation in and of itself. Mr. Grup isn't being charged with that, I just want it to be on file. Gentlemen, a similar stipulation as Mr. Jackson presented in the first case was offered to Mr. Grup prior to this hearing being initiated. Some of the terms of it, other than the usual operational costs and fines that are normally imposed, were a six-month suspension of the certificate and a probationary period after its reinstation. And Mr. Grup was not interested in any of these terms. CHAIRMAN JOSLIN: This was a stipulation you tried to make before he got here? MR. GANGULI: Yes, sir. CHAIRMAN JOSLIN: What was that offer again? MR. GANGULI: The specifics involving his certificate were a six-month suspension and after reinstatement of the certificate a probationary period of 12 months. MR. GUITE': Was there any fines involved? MR. GANGULI: Yes, sir, the standard fines, $5,000 and $500 in operational costs were also included in the stipulation. CHAIRMAN JOSLIN: Okay. Mr. Grup, let's turn it over to you for a moment, and let's hear the presenting of your case. MR. GRUP: Well, I would just like to say again that I didn't Page 53 1611 r, 4 January 21, 2009 contract to do this work. I found him some carpenters. These people don't work for me. We didn't make a contract. When the owner was approached, Craig Layton, he was approached by Michael Ossorio in the tone of, well, if you sign the affidavit and say that you hired these people, then I'm going to revoke your license -- or I'm going to revoke your building permit. So of course he's not going to say that he hired these people. He paid them. I mean, we have no contract. He's got an $11,000 impact fee on his permit. So he threw me under the bus. MR. NEALE: If I may note that what Mr. Grup has just offered is purely at best secondary hearsay. He's testifying to something that he was told that Mr. Ossorio told to someone else. MR. GRUP: Well, Mr. Oss -- excuse me, but Mr. Ossorio said that that's the way he was going to explain it to Mr. Layton. He goes, well, if Craig comes into this office and signs this affidavit, I'm going to tell him that we're going to revoke his building permit. MR. NEALE: Nonetheless, that is hearsay. CHAIRMAN JOSLIN: Hearsay. Did you indeed -- Mr. Grup, did you indeed send these people over to this house to do the work? MR. GRUP: I found him the carpenters, and they arranged to do the work. CHAIRMAN JOSLIN: Did you physically know the person that they were going to do the work for? MR. GRUP: No. No, I don't. CHAIRMAN JOSLIN: So it could be taken -- if that was the case, it could have been taken, correct me if I'm wrong, but that gentleman could have been in a sense misled thinking that you were a contractor that could contract this, and you sent him three or four people to go and do the work for him. MR. GRUP: No, I don't believe so. He could not have been misled. Page 54 ... A 4 16 f Imuary 21,2009 You know, I explained to him, I said sure, it'd probably cost you a couple thousand dollars in labor. And this is a 1,500 square foot addition, so -- CHAIRMAN JOSLIN: So what's to tell this gentleman that these are my guys, they work for me every day -- MR. GRUP: I didn't say that. CHAIRMAN JOSLIN: -- and I'll send them over there on a Saturday and Sunday and do the work, and it may cost you a couple thousand dollars but that's okay. MR. GRUP: Sir, I wasn't even on the job. I didn't -- they don't work for me, I merely was helping a battle buddy out. He's a veteran, I'm a veteran. I thought I would try to help him out. That's the only reason the occurrence happened. MR. JERULLE: Rob, the cards that you show in the packet here, where did you get those cards? MR. GANGULI: Mr. Jerulle, this particular card was -- or the photocopy of this card is was what was handed to me when I inquired of the workers of who they were employed by. MR. JERULLE: So those workers knew you and probably worked for you in the past hanging cabinets? MR. GRUP: No. No, they did not. Those cards were on the job site on a little ledge in the owner's backyard, and that's where Rob found them. These guys don't know me; these guys don't work for me. MR. JERULLE: Why were your cards on the job site? MR. GRUP: Because I put them there. They were in my pocket, so I put them on the job site in the owner's backyard. CHAIRMAN JOSLIN: But just a moment ago you testified that you sent these men there -- MR. GRUP: I did. CHAIRMAN JOSLIN: -- but they don't know you? So you just picked up two strangers off the street -- Page 55 16 fl A 4 January 21, 2009 MR. GRUP: Listen -- CHAIRMAN JOSLIN: -- and sent them to the job? MR. GRUP: -- I said they don't work for me. And these guys were found at Able Body, okay? They're carpenters. People stand outside of Able Body every day looking for work. All I did was find these guys for him, give them the address. I didn't transport them, I didn't pay them. The owner paid them. I did not pay them. The owner paid them. Actually, the owner had the neighbor pay them. I have nothing to do with this other than finding him carpenters that can do the job. And that's the honest to God's truth. MR. OSSORIO: Mr. Grup, you did testify that you never visited that site, and then you just said that you were there on the site dropping off business cards. MR. GRUP: I was there on the site -- well, I did testify that I was there. I was there at the neighbor's house, Tim Hayes, speaking to Tim Hayes. That's how I was approached by Craig Layton. And that's how I had discovered that there was an addition being built in the backyard. The yards are connecting. I mean, they live on big lots that are connecting. MR. JERULLE: And Tim Hayes paid Able Body? Is that what you said? MR. GRUP: Tim Hayes paid the carpenters for Craig Layton. MR. DICKSON: This is the identical story, the one you told us before. You remember the last time you were here? MR. GRUP: I remember the last time I was here for the roofing work that I did in '04. MR. DICKSON: Following Hurricane Wilma. MR. GRUP: It's not the exact story. How is it the exact story? MR. DICKSON: Well, you didn't know the guys that did the repair that you repaired on Neapolitan Way, that little old lady who came in with her granddaughter, until the little old lady testified that you're the one that did the proposal and you were the one that was Page 56 16i{lA 4 January 21,2009 strongarming her to -- MR. GRUP: That's absolutely inaccurate. And you can go back into the records and look, but you're absolutely inaccurate, Mr. Dickson. MR. DICKSON: I know, everything you do is absolutely perfect and you have an excuse for it. And quite honestly, I'm-- MR. GRUP: I don't feel comfortable being ridiculed by you, sir. I don't think that it's respectful, and I'd like respect here. CHAIRMAN JOSLIN: Okay, let's stop that comment right now. MR. DICKSON: I'm not trying to be respectful. CHAIRMAN JOSLIN: I'm just telling you the facts. You have been before us, correct? MR. GRUP: I have one time, yes. CHAIRMAN JOSLIN: Thank you, that's enough. Let's talk about this case now. How about a closing statement, Mr. Jackson -- Mr. Ganguli, I'm sorry. MR. GANGULI: No worries. MR. NEALE: By the way, they still get the opportunity to cross-examine each other. CHAIRMAN JOSLIN: Oh, I'm sorry. Yes, you are right. Is there any questions that you have to ask of Mr. -- MR. GANGULI: No, sir. CHAIRMAN JOSLIN: Any questions you'd like to ask the county, Mr. Ganguli? MR. GRUP: I have no questions. CHAIRMAN JOSLIN: No more questions? MR. GRUP: No. CHAIRMAN JOSLIN: Once again then, we'll go to closing statements. MR. GANGULI: Mr. Joslin, my closing is as follows: This is the second time that Mr. Grup has appeared before the Contractor Page 57 1611A 4 January 21,2009 Licensing Board for a similar violation. On May 29th, 2008, Mr. Grup also received a $500 citation from Field Supervisor Allen Kennette after he was again discovered contracting outside the scope of his license. In the event that the board concludes that a violation exists, it will construe the third time that this type of activity has come to the attention of our office. I'd like to add to the record that when tested for a certificate of competency, Mr. Grup received a passing grade of 84.5 on the business and law examination. This should be considered reflective of a clear understanding of the privileges and restrictions of the licensing that he currently holds. If it is decided that a third violation exists, it presents a complicated set of circumstances for the county to consider in order to make a recommendation, and I will abstain from doing so. MR. NEALE: I would also like to just make a point to the board at this point in that Mr. Grup, as part of the -- actually, let me wait until later when the board's considering this matter. Please go ahead. CHAIRMAN JOSLIN: All right. Closing statement from you, Mr. Grup? Just to wrap up what's going on. MR. GRUP: I would just like to again say that I did not contract the work. There's no contract. I didn't get paid. The owner paid the men that were working on the job. And this is completely unfair, in my opinion. And that's about all I can say. So I'm at your mercy. But that's it. CHAIRMAN JOSLIN: That's it? Okay. Nothing else, board members? No other questions? (No response.) CHAIRMAN JOSLIN: Okay, at this time then I will go ahead and close the public hearing. I need a motion to do so. MR. GUITE': I'll make a motion. MR. DICKSON: So moved. Page 58 16,,, 1 A 4 January 21, 2009 CHAIRMAN JOSLIN: So moved and seconded. All those in favor? MR. JERULLE: Second. Did somebody second? CHAIRMAN JOSLIN: Yes. MR. JERULLE: All right, sorry. CHAIRMAN JOSLIN: We got a motion and a second. All those in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Public hearing is closed. You can have a seat, if you'd like. Mr. Ganguli, you can have a seat. Just so you know, this is a section where the board now will deliberate on what's going on in the testimony we've heard. MR. NEALE: If I may, I'll do my -- CHAIRMAN JOSLIN: Yes, Mr. Neale. MR. NEALE: -- whole thing with the board here. In these cases, as is the norm, I try and give the board a little bit of guidance on how to review the case and the method -- the applicable way -- methodology to cover the case. And in this case, the board shall ascertain in its deliberations that fundamental fairness and due process were afforded to the respondent. However, pursuant to Section 22-202.G.5 of the Collier County ordinance, the formal Rules of Evidence as set out in Florida Statutes shall not apply. The board shall consider solely evidence presented at this hearing in the consideration of this matter. It shall exclude from its Page 59 16'1 A 4 January 21,2009 deliberations irrelevant, immaterial and cumulative testimony. It shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. This is whether or not the evidence so admitted would be admissible in a court of law or in equity. As noted, the hearsay may be used to explain or supplement any other evidence in this type of case, but by itself it is not sufficient to support a finding in this or any other case unless it would be admissible, over objection, in a civil court. The standard of proof in this type of case where the respondent may lose his privileges to practice his profession is that the evidence presented by the complainant must prove the complainant's case in a clear and convincing manner. This is a burden of proof on the complainant that's a larger burden than the preponderance of evidence case that would be in a civil case or would be in a matter where he does not risk losing his ability to practice his profession. The standard in evidence are to be weighed solely as to the charges set out in the complaint as Ordinance 90-105, Section 4.1.2, which is contracting to do any work outside the scope of his or her competency, as listed on his or her competency card and as defined in this ordinance or as restricted by the Contractors Licensing Board. In order to show a -- support a finding that the respondent is actually in violation of the ordinance, the board must find facts that show the violations were actually committed by the respondent. The facts must show to a clear and convincing standard the legal conclusion that the respondent was in violation of the relevant sections of the ordinance as amended. These charges are the only ones that the board may decide upon, as those are the only ones to which the respondent has had the opportunity to prepare a defense. Any damages awarded, should the respondent be found in Page 60 .~ A 4 16 I 1 January 21,2009 violation, must also be directly related to the charges. They may not be for matters unrelated. The decision made by this board today shall be stated orally at this hearing and is effective upon being read by the board. The respondent, if found in violation, has certain appeal rights to this board, the courts and the State Construction Industry Licensing Board, as set out in the Collier County ordinance and the Florida Statutes and Rules. If the board is unable to issue a decision immediately upon the conclusion of this hearing, because of questions of law or other matters of such a nature that the decision may not be made at this hearing, the board may withhold a decision until a subsequent meeting. The board shall vote based upon the evidence presented on all areas, and if it finds the respondent in violation, adopt the administrative complaint. The board shall also make findings of fact and conclusions of law in support of the charges set out in the administrative complaint. And now the board should go to deliberation, please. CHAIRMAN JOSLIN: Okay. What is the pleasure of the board? Any comments, discussions? MR. JERULLE: Well, in light of what Mr. Neale just said, I think the county put together a very good case interviewing the owner, and we have testimony in here from the owner that he's hired Mr. Grup. I see no evidence from Mr. Grup that he wasn't the contractor. His friend could have come in and testified. Did not. Or provided evidence as to who paid Able Body, if in fact Able Body was the contractor or the workers, and I see no evidence of that. So I think it's a pretty clear case. CHAIRMAN JOSLIN: Just so the board members know that now we are deciding on the Count I of the charge that he be either guilty or not guilty of the charge first. Page 61 1611 A 4 January 21, 2009 Any other discussion? (No response.) CHAIRMAN JOSLIN: You don't have to be so silent. I agree with Mr. Jerulle 100 percent. There's no doubt. This is the second time this man's been before us. And I'm sure that this probably did go on. I'm pretty much to the assumption now where I believe that the man is lying to us, telling us he had no knowledge of what went on on this job. So my standing is that I agree with Mr. Jerulle 100 percent, that it's pretty much cut and dried. No other discussion, I'll call for a motion. MR. GUITE': I'll make a motion that we find Mr. Todd (sic) guilty on Count I, Case No. 2009-3. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second on the floor. All those in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: No opposed. Motion carries 5-0. All right. Now that he's been found guilty, the penalties. The county itself has -- I'm sorry, Mr. Neale, go ahead. MR. NEALE: As the respondent was found in violation of the ordinance, the board shall consider and order sanctions under the following parameters as set out in Collier County Ordinance and in Florida Statutes, Chapter 489. The sanctions which may be imposed are: The suspension of the Collier County or city Certificate of Competency. Suspension of a -- Page 62 16l1A 4 January 21, 2009 revocation of a Collier County or city Certificate of Competency. Denial of the issuance or renewal of the Certificate of Competency. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors Licensing Board and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors Licensing Board may be revoked for cause by said board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in the Collier County ordinance, and the service of said notice shall be as provided in the Collier County Ordinance. Evidence that either of these methods of service had been utilized shall be sufficient to show that the notice of hearing requirements of the section have been met. Restitution may be ordered; a fine not to exceed $10,000 per violation; a public reprimand; a reexamination requirement; denial of the issuance of Collier County or city building permits or requiring issuance of permits with specific conditions; and reasonable investigative and legal costs for the prosecution. In imposing these sanctions upon someone who's found to have violated the Contractors Licensing Board shall consider all the evidence presented at the hearing, as well as, number one, the gravity of the violation; number two, the impact of the violation on the public health, welfare or safety; number three, any actions taken by the violator to correct the action; number four, any previous violations committed by the violator; and number five, any other evidence at the hearing by the parties relevant as to the sanction which is appropriate for the case, given the nature of the violation and the violator. CHAIRMAN JOSLIN: With that said -- MR. NEALE: I have one further thing. Page 63 16 I 1 .":., .Uk January 21, 2009 The board shall also issue a recommended penalty for the State Construction Industry Licensing Board. And that includes a recommendation for no further action, suspension, revocation or restriction of the registration, or a fine to be levied by the state. CHAIRMAN JOSLIN: Again, with that said, what's the pleasure of the board? Any ideas, suggestions or discussions on this -- on a motion? Bear in mind that the gentleman has been found guilty of Count 1. MR. JERULLE: I have a question to some of the members of the board that have been here longer than I have. He was offered something by the county and refused. What has the board done in the past? MR. DICKSON: We haven't had these offers in the past. CHAIRMAN JOSLIN: No. This is probably one ofthe first ones I think we've ever had where the county's -- MR. GUITE': This is the first I remember. CHAIRMAN JOSLIN: -- made an offer. MR. DICKSON: I like it and they're doing it because they're so busy. MR. NEALE: There's a couple of points on that. Number one, I think the board should treat any offer of settlement as being something to not be considered in this. It wouldn't be considered in a normal legal case, and so it shouldn't be considered here. The fact that someone accepted or rejected an offer of settlement has nothing to do with the outcome of this case. Because anyone is free to reject any offer of settlement in any kind of case in order to exercise their due process rights for a hearing. CHAIRMAN JOSLIN: I understand. I think the penalties should be something that is going to be an eye opener, there's no doubt. Only because this is the second time. MR. JERULLE: Can we ask Mr. Ossorio what his Page 64 16 f 1 A 4 January 21, 2009 recommendation is? CHAIRMAN JOSLIN: You sure can. Mr. Ossorio, do you have any comments or any recommendations? I believe there were some that were given by Mr. Ganguli. MR. OSSORIO: Well, there's the first recommendation not to proceed with the state, due to the fact that Mr. Grup is a locally licensed cabinet installer that the state doesn't regulate, so there would be nothing forwarded to the State of Florida. Our recommendation is that he serves a six-month suspension, a $5,000 fine, paid within two months. $500 investigation cost. CHAIRMAN JOSLIN: Okay. There's some ideas, gentlemen. Still open for discussion. MR. JERULLE: I agree with Mr. Ossorio. I would add a probationary period, though, to what he just suggested. CHAIRMAN JOSLIN: At least a year. MR. NEALE: As the board can consider past violations and past penalties, Mr. Grup, in his previous case, which was Case 2006-04, which was decided on February 15th of 2006, the board at that point imposed a two-year period of probation upon him. CHAIRMAN JOSLIN: And when was this again, 200-- MR. NEALE: This was his 2006 case. CHAIRMAN JOSLIN: So he's just barely off probation from the last case. MR. GRUP: Can I make a comment about that 2006 -- CHAIRMAN JOSLIN: No, I don't need to hear from you anymore, thank you. MR. GRUP: You're welcome. CHAIRMAN JOSLIN: Mr. Dickson, you're awful quiet. MR. DICKSON: You don't want to hear what I want to say. CHAIRMAN JOSLIN: Sure I do. MR. JERULLE: This was filed in 2008. So this happened during Page 65 16 F] t; .rL January 21, 2009 his probationary period. MR. NEALE: No, the probationary period expired February 15th, 2008. MR. JERULLE: Oh, February. Excuse me. I stand corrected. MR. DICKSON: County's being very lenient. CHAIRMAN JOSLIN: Uh-huh. That's why I wanted to hear your comments. MR. BOYD: Well, the troubling part is that after we fined him in 2006, if you read the back of his business card, it says complete renovation specialist, commercial, residential, new construction, remodeling, additions, which doesn't fall under his license. MR. GUITE': I'm surprised it doesn't say highrises on there. CHAIRMAN JOSLIN: The other thing that really upsets me is that -- MR. JERULLE: That's a very good point. CHAIRMAN JOSLIN: -- if you really stopped and looked at the pictures inside of this pamphlet -- inside of our packet, there's some pretty serious trusses going on here. MR. GUITE': Yeah, it's not just a couple trusses -- CHAIRMAN JOSLIN: I mean, we're not talking about a couple pieces oflumber being put up. We're talking about two guys he picked up off the street that went and did this? I don't think so. I mean, Mr. Dickson, you do this all the time, you know? It probably takes you a lot longer to train somebody just to hammer nails rather than do all this. MR. JERULLE: There's not a lot of bracing on those trusses either, from what I can tell. MR. DICKSON: Did you pull the permit? Just curious. MR. OSSORIO: On this particular job? MR. DICKSON: Yeah. MR. OSSORIO: There was a building permit for an addition by an owner/builder, yes. Page 66 16'" A 4 anuary 21, 2009 MR. DICKSON: Did you pull it? I mean, did you -- MR. OSSORIO: Oh, no, we did not pull the building -- no, we did not. I believe -- MR. GUITE': Has it been inspected? MR. OSSORIO: I believe the homeowner came in -- I'm speculating, but I believe Rob Ganguli had the conversation with the homeowner that they hired, he actually hired a carpentry company to go in there and do the work. But I'm not sure. But I think that's exactly what happened. He eventually hired a licensed company to complete the work. MR. DICKSON: Okay. CHAIRMAN JOSLIN: Completion of the work. But was that -- were these pictures derivative of the pictures that were taken after the work that -- MR. OSSORIO: No, the pictures were taken on the day of the investigation by Rob Ganguli. CHAIRMAN JOSLIN: Okay. Any other thoughts? I'm still waiting. Just say it out. Let's hear it. MR. DICKSON: I'm not chairman. CHAIRMAN JOSLIN: I understand that. MR. DICKSON: This is my day to be quiet. CHAIRMAN JOSLIN: I know, but I'm not supposed to make motions, you are. MR. DICKSON: Well, you've got three other-- CHAIRMAN JOSLIN: Anyone else here-- MR. DICKSON: -- people that can make motions. CHAIRMAN JOSLIN: -- thinking the same way? This penalty we're talking about now with the recommendations from the county, is this something that is it -- is it going to be enough? MR. GUITE': No. CHAIRMAN JOSLIN: No? What can be added to it, gentlemen? Page 67 1611A 4 January 21,2009 MR. GUITE': I would almost say double it and I'd be happy. I mean, it's just again and again and again, it's the same people coming back up here doing the same thing. And this one's -- we had the shutter company that was doing the work and they weren't pulling the permits. Well, at least they were doing the work that was in their scope of business. This guy's doing work that's not even in his scope. And it's just not right. CHAIRMAN JOSLIN: And he's advertising it. MR. GUITE': Exactly. CHAIRMAN JOSLIN: Majorly. MR. GUITE': And he's inactive, with no workmen's compo MR. GRUP: If! might interject, I'm partners with a state certified building contractor. T.A.G. Professional Construction, Jack McNair and I are partners. And Jack is a state certified building contractor. I don't know if you guys are aware of that. MR. JERULLE: It doesn't say that on this card, though. MR. GRUP: Doesn't say what, sir? THE COURT REPORTER: I can't hear this conversation-- MR. NEALE: Yeah, ifhe's going to give testimony, which he is doing, he has to be on the mic. and has to be on the record. CHAIRMAN JOSLIN: Exactly. And we don't need to hear this, do we? MR. GUITE': The testimony's closed. CHAIRMAN JOSLIN: The business card pretty much speaks for itself. And the Todd A. Grup is your name, I'm sure, so that's enough for me. You want to make a motion to that? MR. GUITE': Yeah, I'll make a motion. MR. GRUP: The business is qualified by -- CHAIRMAN JOSLIN: Excuse me, sir -- MR. GRUP: -- a state certified building contractor. CHAIRMAN JOSLIN: -- we've heard enough. Thank you. Page 68 161'1 A 4 January 21, 2009 MR. GUITE': I'll make a motion that we fine Mr. Grup $10,000, with a $500 fee for the county for the investigative purposes. And I'm going to say just revoke the license. Because he's just coming off probation less than a year ago. CHAIRMAN JOSLIN: Got a motion on the floor for a $10,000 fine, $500 in operational costs, and his license is revoked. Do I hear a second? MR. JERULLE: What does that mean? May I ask a question of the motion? CHAIRMAN JOSLIN: That means that his license as of today is revoked. MR. JERULLE: Does that mean, Mr. Ossorio, he can never be licensed in anything, or just his cabinet license is revoked? MR. OSSORIO: Well, when you revoke his certificate, that means his cabinet license is going to be null and void. Mr. Grup can apply for a license -- a different license, carpentry or reapply for a cabinet, but he would have to go in front of the licensing board for approval. We have -- we've had in the past revoked somebody's license and within a year they've come back to the licensing board and we have granted them the certificate. CHAIRMAN JOSLIN: In the same trade? MR. OSSORIO: Yes, I believe so. MR. NEALE: Yeah. CHAIRMAN JOSLIN: So that means his license would be revoked, he pays a $10,000 fine. We'll give it a time period, probably, within a certain period of time. And a $500 operational cost to hear this case and do what we have to do. MR. JERULLE: Could we -- are we saying that we're going to amend the motion that he cannot come back and apply for a new license within -- MR. GUITE': No, he can come back and apply. Page 69 ~ 1611A- 4f? January 21, 2009 MR. JERULLE: -- within a certain time period. MR. NEALE: Yeah, you can't -- CHAIRMAN JOSLIN: Right, we can't restrict, I don't believe. MR. JERULLE: You cannot do that. MR. NEALE: You can't say that he cannot come back and apply. He essentially automatically has leave to apply. But as Mr. Ossorio correctly points out, any future applications, because of the revocation, would certainly be referred to this board. MR. JERULLE: To this board. MR. DICKSON: I like your motion, because he's tried numerous times to get a roofing license, he's tried numerous times to get a carpentry license. He just doesn't pass the test. The cabinet license he has he doesn't use, because he's doing this other stuff. So by revoking the cabinet license, you're basically doing him a favor, because you're going to put him into a study mode, and he can take that test at Gainesville any time he wants to and get one of those other licenses. And then at least we've got him legal. So I second. CHAIRMAN JOSLIN: Got a motion on the floor and a second. Any discussion further? MR. GUITE': Do we need to put a time on the 1O,000? CHAIRMAN JOSLIN: Want to put a time on it? It's your motion. MR. GUITE': Well, I'll be lenient there and give him six months. And not -- I'd like to see some within -- like every 30 days some paid on it. CHAIRMAN JOSLIN: Okay, so we could break the 10,000 down into a six-month period is what you're saying? MR. GUITE': Right. Six equal monthly payments. MR. JERULLE: Do we have a second, or do I need to-- MR. DICKSON: I seconded it. CHAIRMAN JOSLIN: Yeah, it's already been seconded. Page 70 .~ A 4 16 1 1 January 21, 2009 I'm just trying to figure out equal increments. Maybe Pat Neale can determine what the equal payments will be. Of equal payments for six-month period-- MR. GUITE': Just six equal monthly payments. CHAIRMAN JOSLIN: -- to equal $10,000. MR. GUITE': Yes, that will do it. CHAIRMAN JOSLIN: I've got a motion and a second. All those -- I'll call for the vote, ifthere's any (sic) more further discussion. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: None opposed. Motion carries five to nothing. Okay. Now, Mr. Neale, I'm going to need the -- I suppose the final order of the board. Did you print it out for me yet? MR. NEALE: I'll e-mail it to you again. We'll get this printed up. CHAIRMAN JOSLIN: In the case of Board of Commissioners versus Todd A. Grup, d/b/a T.A.G. Professional Carpentry, LLC, Case No. 2009-3, License No. 26457. This cause came on or before public hearing before the Contractors Licensing Board on January 21st, 2009 for consideration of the administrative complaint filed against Todd A. Grup, d/b/a T.A.G. Professional Carpentry, LLC. And the service of complaint was made in accordance with Collier County Ordinance 90-105 as amended. The board, having heard this hearing under testimony, under Page 71 - A'4 16 I 1 January 21,2009 oath, received evidence and heard arguments respective to all appropriate matters. Thereupon issues its finding of fact and conclusions oflaw and order ofthe board as follows: That Todd A. Grup, d/b/a T.A.G. Professional Carpentry, LLC is the holder of record of License No. 26457, and that the Board of County Commissioners of Collier County, Florida is the complainant in this matter. That the board has jurisdiction of the person of the respondent and that Todd A. Grup was present at the public hearing and was not represented by counsel at the hearing on today's date. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a manner that is in violation of Collier County ordinances and is the one who committed the act. That the allegations of fact as set forth in the Administrative Complaint as to Count I, 4.1.2, contracting to do any work outside the scope of his or her competency as listed on his or her competency card, as defined in this ordinance or as restricted by the Contractors Licensing Board, are found to be supported by the evidence presented at the hearing. The conclusions of law alleged and set forth in the Administrative Complaint as to the Count I are approved and adopted and incorporation (sic) herewith: To wit, the respondent violated Section 4.1.2 of Collier County Ordinance 90-105, as amended, in the performance of his contracting business in Collier County by acting in violation of the sections set out in the administrative complaint with particularity. Order of the board: Based on the -- excuse me. Based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of five in favor and zero opposed, a majority vote of the board members presents, respondent has been found in violation and (sic) set out above. Further, it is ordered by a vote of five in favor and zero opposed, Page 72 16fl A 4 January 21, 2009 a majority vote of the board members present, that the following disciplinary sanction and related order are hereby imposed upon the holder of contractor's certificate of competency License No. 26457. And that is -- as of to day's date, Todd A. Grup ofTA.G. Professional Carpentry, LLC is ordered to pay a $10,000 restitution fine -- MR. NEALE: Not restitution, it's a fine. CHAIRMAN JOSLIN: I'm sorry, $10,000 fine to be paid in a period of six months in equal increments for the next six months until -- every 30 days until the entire balance is paid off. Along with $500 in operational costs, which will be paid within the next 30 days. And that also that License No. 26457, belonging to Todd A. Grup, d/b/a T.A.G. Professional Carpentry, LLC, that license is hereby revoked. And that's the order of the board. And that ends Case No. 2009-003. Okay, anything else going on, gentlemen? Any reports or anything? Anybody has anything to say? I only have one small item just to mention, okay? Through my diligent efforts of I guess trying to find out things that go on in Collier County and through conversation I've heard in the field, I know that there was some conversation here a while back about the county closing down certain portions of the county. That -- and closing down to a 32-hour workweek. Which I believe that in some cases I think it's -- in some ways it's good, in some ways it's not. I think in the case of licensing, I think the licensing department really needs to be out in the field now 10/7 -- 24/7. And thank the commissioners for allowing one of the new investigators to be on board now, which gives us just a little more power while we're out there in the field. I did hear this past week, though, that that thought, that terminology as far as going to that 32-hour work week has been tabled for the moment. I just want to make it a record that it is out there in the open, and if anyone has any discussions or thoughts on it, I'd like to Page 73 1611 ~anu~ 21,2009 hear about them. And the next meeting date I guess will be February 18th, right here in the same building, 2009. And I just need one more motion to adjourn. MR. GUITE': Make a motion to adjourn. MR. BOYD: Second. CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. DICKSON: Aye. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11: 10 a.m. COLLIER COUNTY CO)'JTRACTOR LICENSING BOARD . . rK ' /0 /1 :/' idtL1Wtff RICHARD J SLIN, Chairman 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 74 . FIala Halas Henning Coyle Coletta ,4 16 i kEiEI~D JAN 3 0 2009 ~ Collier County Government Productivity Committee Board of' County Commissioners Meeting Agenda County Manager's Conference Room August27,2008 2:00 P.M. I. Introduction A. Call to Order-Larry Baytos, Chairman B. Approval of the June 18, 2008 Productivity Committee Meeting minutes II. Old Business A. Impact Fee Discussion-Larry Baytos and Amy Patterson B. County Facilities Discussion (carry-over from May 21'sl Core Functions ilem)-Larry C. Discussion Regarding Cape Coral's Lean Government Initiatives-Larry D. Update from the EMS Subcommittee-Janet Vasey III, New Business A. Biodiesel Proposal Discussion-Jim Van Fleet IV. Comments/Announcements V. Public Comment VI, Adiourn-The next meeting will be held on Sept 17, 2008 at 2:00pm, County Manager's Conference Room Mise, Cooes: Date: O'6/tO /D3' Ilem#:J ~I(l)AS Copies 10 1 6 I lA 5 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - August 27,2008, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison, Joe Swaja, Janet Vasey and Jim VanFleet Members Absent: There were no members absent BCC Liaison: Commissioner Fiala was not in attendance, Staff Present: Crystal Kinzel, Clerk's Finance; Carol Golightly, Sheriff's Office; Len Price, Administrative Services; Dan Croft, Director Fleet Management; Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Kim Grant, Senior Management Consultant; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget Others Present: Larry Baytos called the meeting to order at 2:00 p,m, Approval of the June 18. 2008 Productivity Committee Meetina minutes, Janet Vasey made a change to the minutes to replace "EMSAC" with "Productivity Committee" in the first paragraph, Joe Swaja motioned to accept with the change, Janet seconded and the group voted unanimously to approve the minutes of the meeting of June 18, New Business: Biodiesel Discussion, Jim Van Fleet reviewed his research proposal with the group, He feels that a great deal of taxpayer dollars could be saved on fuel if alternative methods of fuel production would be implemented, The schools alone use 750,000 gallons of fuel a year and this could result in a big savings to the county, The research would include biodiesel fuel and ethanol production, Dan Croft from Fleet added that there are three municipalities in Florida producing biodiesel fuel from restaurants and soy oil. Starting costs for a small production would be around $200,000, John Barlow said that he could connect the group with an expert in this area, Jim motioned to form a subcommittee, Joe Swaja seconded and the vote was 9 to 1 approving the formation of the subcommittee. The subcommittee will consist of Jim VanFleet, Joe Swaja, Syd Blum and Doug Fee, 1611ti 5 Old Business: Impact Fees. Larry Baytos spoke to the group regarding impact fees and the fact that impact fee indexing will begin in October. The Board of County Commissioners has voted that growth will pay for growth, John Barlow said that after some analysis he found that impact fees for last year were between 40-50% of total revenue, Discussion was made about tax dollars not coming in as expected and how we need to look at level of service as a way of reducing costs, Janet asked everyone to give thought to what happens if impact fees are cut. Where does the money come from to pay for debt? Do we cut the level of service? Cutting impact fees does not seem to be a good idea if there is no other source of revenue, Discussion was made about sending a letter to the BCC with several different recommendation options regarding impact fees: 3, Recommend no changes and keep indexing policy as it is now, Vote - 5 for (John, Gina, Janet, Doug, Brad) Maintain current impact fees and implement no new increases, Vote - 5 for (Syd, Steve, Larry, Jim, Joe) Roll back to the 2007 level. Vote - 0 Restate the recommendation from last year - none except roads, Vote - 1 (Michele) 1, 2, 4, Due to the lack of a majority for any of the options, the group agreed to wait and see what the indexing shows before any recommendation be sent. Amy reviewed the status of the impact fee indexing, She will be back to the committee on October 15th to review the numbers with the group before the AUIR process begins, Lean Government. Steve Harrison recapped the Cape Coral presentation and their Kaizen method to streamline processes and get buy-in from their workers, Kim Grant said that her CBPE group has been looking for pockets of improvements since January and has had some successes, The CBPE could possibly do the kaizen training, Steve Harrison motioned that a letter be written to the County Manager that recommends the kaizen process be considered for those departments that have significant reduction in staff or where the administrator wants to try the program, Gina seconded and the group unanimously approved, Steve will compose the letter and forward to Mike Sheffield, Update from EMS Committee, Janet said the draft report will be out tomorrow, She motioned that the committee not get involved in the fire department consolidation unless they are asked, Gina Downs seconded and the group unanimously approved, Sunshine Seminar - Mike Sheffield reminded members that the Sunshine Seminar is being held on September 15th Adiournment: Doug Fee motioned to adjourn the meeting, Joe Swaja seconded and the group unanimously approved, The meeting was adjourned at 4:05 p,m, 1 6: 1'1 A 5 Next Meetinq: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p,m, on Wednesday, September 17, 2008, This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building (Administration Building F), ,/1) -:l K "lA, (j( Approved by 161 1 "! 5 RECEIVED JAN 3 0 2009 MEMORANDUM Board of County CornmistMn"'rs DATE: January 29, 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 August 27. September 17, October 15, November 19 and December 17, 2008. Also included are signed minutes of the County Core Functions subcommittee meetings held on April 23, May 6, 2008 and the signed minutes of the Impact Fee Review subcommittee from the meeting held on December 6,2007; the Alternative Policy Approaches for Impact Fee Subcommittee minutes from the meeting on December 3, 2008; the minutes of the EMSAC and Productivity committee joint subcommittee on review of the EMS Master Plan held on February 19 and August 28. Please do not hesitate to contact me at 252-8973, or Mike Sheffield at 252-8569, should you have any questions, C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Finance Director John Yonkosky, 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 Fiala Halas Henning Coyle Coletta 1i. ( / I Collier County Government Productivity Committee 16 ('1 A 5 RECEIVED JAN 3 0 2009 ~ Meeting Agenda County Manager's Conference Room September 17, 2008 2:00 P.M. Board of county Commissioners I. Introduction A. Call to Order-Larry Baytos, Chairman B. Approval of the Aug. 27, 2008 Productivity Committee Meeting minutes C. Acceptance of the Aug, 28, 2008 EMS Subcommittee Meeting minutes II. Old Business A. Presentation of the Final Report from the EMS Subcommittee-Janet Vasey III. New Business A. Brief Overview-Annual Update and Inventory Report (AUIRj-Mike Basi IV. CommentslAnnouncements A. Term Expirations (Feb. 2009) John Barlow Larry Baylos Syd Blum Gina Downs Jim Van Fleet B. Subcommittee Chairs must sign approvedlaccepted subcommittee meeting minutes V. Public Comment Mise, Corres: VI, Adiourn-The next meeting will be held on October 15, 2008 at eiQPpm, County Manager's Conference Room Item#: Copies to 1611 A 5 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - September 17,2008, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Steve Harrison, Janet Vasey and Jim VanFleet Members Absent: Joe Swaja and Michele Harrison were excused, BCC Liaison: Commissioner Fiala was in attendance, Staff Present: Carol Golightly, Sheriff's Office; Dave Stedman, EMS; Jeff Page, EMS; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Mike Bosi, Comprehensive Planning, Larry Baytos called the meeting to order at 2:03 p,m. Approval of the AUQust 17. 2008 Productivity Committee MeetinQ minutes, Janet Vasey made a motion to approve the minutes of August 17 and Syd Blum seconded the motion, The group voted unanimously to approve the minutes, Acceptance of the AUQust 28, 2008 EMS Subcommittee MeetinQ Minutes, Syd Blum motioned to approve and Janet Vasey seconded. The group voted unanimously to approve the minutes. Old Business: EMS Subcommittee Final Report: Janet Vasey reviewed the EMS project that was completed on September Sm She told the group there would be only one more set of minutes from the EMS Subcommittee for the Productivity Committee to accept The EMS Report was reviewed section by section with discussion of each, Some of the areas of discussion were: new revenue sources, adding new EMS units, priority medical dispatch and recommendations for EMS units in the FY09 budget. Chief Page was available for questions, Janet motioned to approve and submit the final report to the Board of County Commissioners, Gina Downs seconded the motion and the group voted unanimously, Mike Sheffield will see that the approved report is forwarded to each county commissioner and the county manager before the next budget hearing scheduled for Oct 18th, Biodiesel Discussion. Jim Van Fleet withdrew his motion to follow-through on the biodiesel project, Larry Baytos seconded and the group unanimously agreed that this project should not be undertaken by the committee at this time, 161'1 A 5 New Business: AUIR Review: Mike Bosi reviewed the calendar for the AUIR process with the group, He will coordinate sub-committee meetings with Mike Sheffield, Janet Vasey told the group she would not be able to be chairman of the subcommittee because of medical reasons, but would do whatever she could, Term Expirations: Mike Sheffield passed out a list of term appointments and expiration status, He told the members that they must reapply if their term is expiring, Adiournment: Gina Downs motioned to adjourn the meeting, Syd Blum seconded and the group unanimously approved, The meeting was adjourned at 4:10 p.m, Next MeetinQ: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m. on Wednesday, October 15,2008, This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building (Administration Building F), ~ j 1~'" 1 ~ '\ v/ REC~IVED JAN 3 0 2009 FIat8 Ha'a~ ~ H, ,.,..19 Coyle Coletta ! /'. \ \'" ~ 'f!+ I/,)/1 1/ v Collier County Government Productivity Committee Board of County Commissioners Meeting Agenda County Manager's Conference Room October 15, 2008 2:00 P.M. I. Introduction A. Call to Order-Larry Baytos, Chairman B. Approval of the Sept. 17 , 2008 Productivity Committee Meeting minutes II. Old Business A. Impact Fee Indexing (Gov Buildings, Law Enforcement, EMS, Library, Dependent Fire, Schools)-Amy Patterson B. Discussion Regarding AUIR Subgroups III, New Business IV. Comments/Announcements V. Public Comment VI, Adiourn-The next meeting will be held on November 19,2008 at 2:00pm, County Manager's Conference Room Mise, Corres: Date: Item.: Copies to: 16 f1 A 5 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - October 15, 2008, 2 p.m. Members Present: Larry Baytos, John Barlow, Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison and Joe Swaja, Members Absent: Syd Blum and Janet Vasey were excused, BCC Liaison: Commissioner Fiala was in attendance, Staff Present: Carol Golightly, Sheriff's Office; Amy Patterson, Impact Fee Manager; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Mike Bosi, Comprehensive Planning, Larry Baytos called the meeting to order at 2:01 p,m, Approval of the September 17, 2008 Productivitv Committee MeetinQ minutes. Larry Baytos made a motion to approve the minutes of September 17 and Joe Swaja seconded the motion, The group voted unanimously to approve the minutes. Old Business: Impact Fee Indexinq: Amy Patterson reviewed the proposed indexing for 2008. Fees have gone up due to 10 year averaging, Larry Baytos gave a PowerPoint presentation with questions regarding impact fees and their growth over time, Collier County has some of the highest impact fees in the nation, He stated that declining revenue is reflective on declining building and unemployment He asked the group if impact fees are too high and whether they think they will affect future building, Larry will forward his presentation to Mike Sheffield to send to all committee members, After much discussion on the impact fees, Larry motioned that the Productivity Committee recommends to the Board of County Commissioners that they defer a decision on any adjustment of impact fees until such time as the methodology can be reassessed, Brad seconded. The group voted unanimously to approve the motion, Mike and Amy will write a letter to the BCC asking for more time to adequately review the methodology and data, AUIR Sub-Qroups: Mike Basi reviewed the AUIR scheduling and the group decided who would attend the different subsections, Larry will take the lead in Janet's absence, 16/11\ 5 Leaque of Women Voters: Larry Baytos will be speaking at a meeting of the League of Women Voters about the Productivity Committee and what they do, Adiournment: Joe Swaja motioned to adjourn the meeting, Michele Harrison seconded and the group unanimously approved. The meeting was adjourned at 4:05 p,m. Next Meetinq: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m, on Wednesday, November 19, 2008, This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building (Administration Building F), 16' 1 A Collier County Government Productivity Committee v ~ECEIVED JAN 3 0 2009 Fiala ,-,. ' Board of CQunty Commissioners -t, ~.I ,.r Meeting Agenda Fiala- ~ ytV:i~ounty Manager's Conference Room Halas I November 19 2008 . ' , Henrnng 2:00 P.M. Coyle ~ : Coletta I. Introduction A. Call to Order-Larry Baylos, Chairman B. Approval of the Oct 15, 2008 Productivity Committee Meeting minutes II. Old Business A. Discussion Regarding the Productivity Committee's Impact Fee Indexing Methodology Study III. New Business A. Transportation Impact Fee Review-Nick Casalanguida, Director, Transportation Planning IV. Comments/Announcements V. Public Comment VI, Adiourn-The next meeting will be held on December 17, 2008 at 2:00pm, County Manager's Conference Room Mise, Corres: Date: Item#: Copies to 16-"1 A 5 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - November 19,2008, 2 p.m. Members Present: Larry Baytos, John Barlow, Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison and Joe Swaja, Janet Vasey attended by phone, BCC Liaison: Commissioner Fiala was in attendance, Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Norman Feder and Nick Casaluiguida, Transportation; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget Others Present: Steve Tindale and Nilgun Kamp of Tindale-Oliver; Larry Baytos called the meeting to order at 2:05 p,m. Approval of the October 15, 2008 Productivity Committee Meetinq minutes, Joe Swaja made a motion to approve the minutes of October 15 and John Barlow seconded the motion, The group voted unanimously to approve the minutes, Old Business: AUIR - Larry Baytos suggested that the committee not be involved in these meetings in the future, Impact Fee Indexinq and Methodoloqv Study: At the BCC meeting last month the commissioners agreed that the Productivity Committee perform a study of indexing and methodology of impact fees, Steve Tindale gave an overview of the project Steve said that he would help the group in any way he could, The method we are using to calculate fees right now will not have the results that we want because the process takes 2 to 3 years to catch up, New Business: Transportation Impact Fee Review: Nick Casaliguida gave a presentation on the study update. They also prepared a study to determine how many miles people were actually driving. This was blended with older studies and Florida studies as well. Since the last indexing, the cost has dropped about two million dollars per road mile. Impact fees are coming down but retail fees are going up, Steve Tindale spoke to the group regarding the impact fees, the demand component. the cost per lane mile, construction cost trends and calculation methods, He explained that Collier County is higher than other 16 , 1 ~ 5 counties because of utilities and urban interchange costs which are unique to Collier County, This trend is now coming down to put us more in line with the rest of the state, Much discussion was made regarding the costs of interchanges, road construction, relocating utilities, costs of adding lane capacity and vehicle miles traveled, The consultant has done an extreme amount of documentation and has much information and staff notes substantiating the reasoning behind the findings, He also had slides showing the changes in net impact fees and ratios between retail and office, Nick said he is not a bid component of impact fees, but if you want to cut the fees you have to find an alternative source of revenue, John Barlow addressed the group giving a presentation called "Impact Fees - Under the Microscope". He reviewed impact fee revenue by year of controlled funds. What if we discounted the impact fees 10-15% across the board? What would happen? It would encourage new building temporarily until we move them back up, Commissioner Fiala would like to suggest that the vacated buildings have no impact fees if someone moves (whether it is the same type of business of not) into them at least for a year so that we can start filling this buildings before they become a detriment to the community, Norman doesn't want to see us pull back because it takes 7 or 8 years to bring a project into being, Whatever we do, if we don't provide the funding, we are creating a giant backload of time and dollars, John said that there is an enormous amount of money that needs to be paid back, We don't want to jeopardize our bond ratings by not being able to repay these loans, First issue: Is the Transportation Impact Fee feasible? The second: Should we be raising fees? Larry Baytos said that Mr. Tindal's presentation shows we are demonstrating that our cost of building roads is about the same as other counties, His trip studies had higher results than what we expected and were averaged to our satisfaction, Most felt the study was a well thought-through computation, The group commented on the study and asked specific questions which he answered, Overall, the committee was pleased with the result of the study. Janet Vasey commented that she feels it is very defensible, She is concerned about the plans of the Florida legislature to roll-back the impact fees by 25%, She feels if we back down now on impact fees, we may be sorry later. The general consensus is that the Productivity Committee should support the transportation review, Brad Boaz and Steve Harrison feel the impact fees should be lowered to match the lower costs, A representative from the Chamber of Commerce and its Board of Directors are very involved in trying to help the county to be the best place it can be, Joe Swaja motioned to accept the transportation proposal. Jim Gibson seconded, The group voted, Brad and Michele voted no, All others voted aye. The motion passed, Larry Baytos suggested that sub-committee be formed to review alternative sources of revenue other than impact fees and reducing expenses to become more efficient. Commissioner Fiala said that the Commissioners would eagerly receive any suggestions on ideas for revenues, Larry volunteered to chair the sub-committee, Gina 16 rl A 5 Downs, Janet Vasey, Jim Gibson and Doug Fee volunteered to join him, Larry made a motion to form a sub-committee to come up with recommendations for possible different policy approaches for impact fees, Joe Swaja seconded and the group unanimously agreed, Indexina Impact Fees - Since last year's transportation indexing we've been thinking about the way they are done and whether this is the correct way. There has been much concern about land values going down and making sure that we don't want to charge too much, A two year average was used to come up with the most recent numbers, Steve Harrison said that there will be a much higher level of delinquencies on ad valorem dollars, Contingency plans are necessary and the BCC has one in the works and another constitutional officer is working on a plan, These need to be put on the front burner. John pointed out that there is debt amounting to over $300M, We need to watch this and be aware of whether our banks will back us, He feels we need to have these issues put on our agenda, If the PC will write a letter to Commissioner Fiala, she will make the suggestion to the other commissioners. Steve will draft the letter. Public Comments: Leanne Graziani. Adiournment: Gina motioned to adjourn the meeting, Michele Harrison seconded and the group unanimously approved, The meeting was adjourned at 5:05 p.m, Next Meetina: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m, on Wednesday, December 17, 2008, This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W, Harmon Turner Building (Administration Building F), Fiala {;,~ /11L- Halas Henning 'T Coyle Coletta oilier County Government Productivity Committee 16 l~l A R~CEIVED .IAN 3 0 2009 v Roard of County Commissioners Meeting Agenda County Manager's Conference Room December 17, 2008 2:00 P.M. I. Introduction A. Call to Order-Larry Baytos, Chairman B. Approval of the Nov,19, 2008 Productivity Committee Meeting minutes C. Acceptance of Dec, 3, 2008 Subcommittee to Consider/Recommend Possible Alternative Policy Approaches for Impact Fees II. Old Business A. Follow-up from the Subcommittee to Consider/Recommend Possible Alternative Policy Approaches for Impact Fees-Larry B. Discussion Regarding the Productivity Committee's Impact Fee Indexing Methodology Study-Larry III, New Business A. Recommendations (to the BCC) for Appointment/reappointment of members to the Productivity Committee IV. Comments/Announcements Advisory Board Member Mileage Reimbursement- On 11/18/08, the BCC passed Resolution 2008-341 authorizing the reimbursement of mileage expenses for advisory committee members who travel in excess of 20-miles round trip to attend regularly scheduled advisory committee meetings, (See Instructions for reimbursement in agenda packet), V. Public Comment VI. Adiourn-The next meeting will be held on January 21, 2009 ~ €:8~~fD, County Manager's Conference Room 5 ' 5, Date: Item t: ~ 16 ri:l' ~ 5 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - December 17,2008, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Gina Downs, Doug Fee, Jim Gibson, Michele Harrison, Steve Harrison, Joe Swaja and Janet Vasey, BCC Liaison: Commissioner Fiala 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; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget Others Present: p, Thomas Abraham, Philip Brougham, Leanne Graziani, Shannon Wayne Holland, James Hoppenstedt, Larry Magel, William J, O'Connor, Frank Zhou. Call to Order: Larry Baytos called the meeting to order at 2:04, General Announcements: Larry Baytos thanked Commissioner Fiala for her attendance at this year's meetings as advisor to this group. He also informed the group that Mike Sheffield has taken on additional responsibilities and the group should take that into consideration so as not to give him more work than necessary, Janet Vasey will also be honored for her 10 years of service as a volunteer to the county on January 13th Approval of the 11/19/08 Productivity Committee Meeting Minutes. Joe Swaja motioned to approve the minutes, Jim Gibson seconded and the group unanimously approved, Acceptance of the December 3, 2008 Sub-committee meeting minutes to Consider and Recommend Possible Alternative Policy Approaches for Impact Fees. John Barlow motioned to accept the minutes, Joe Swaja seconded and the group unanimously approved. OLD BUSINESS: Follow-up from the Subcommittee to Consider/Recommend Possible Alternative Policy Approaches for Impact Fees. Larry Baytos recapped the meeting held on December 3rd He sent out a read-ahead (included in the packet _ item IIA), The main recommendation is that the full committee should decide whether to recommend keeping the fees as they are or provide temporary relief for fees. Janet Vasey re-worded and requested changes be made in section one 1611'1-\ 5 of the memo and reviewed her suggestions with the group, She listed several reasons for keeping the current fee policy, John Barlow suggested that the group reduce impact fees at least temporarily, Steve Harrison suggested that we invite a land development manager to look at the problem and give his opinion and maybe we should suspend fees for a year or two until the economy comes back, Amy Patterson stated the BCC instructed staff to research the subject and give them the results of the study, Commissioner Fiala stated that sales tax was suggested, but it didn't work, Collier County has kept people working - so impact fees have been very helpful. Syd Blum said that people are willing to pay impact fees because they want to be here, What would happen if we cut the fees temporarily? It would give the perception that the county is doing something to make things better, care about the unemployment rate and care about the people of Collier County, Brad Boaz asked the other committee members what they thought about the impact fees not going down when the cost per lane mile went down? Nick Casalanguida said that all other studies until the current one have used lane miles west of 951, In the past we have used an artificially low trip length, Our current trip length studies are in line with all other counties in Florida. He suggested that alternative funding sources be considered, An executive summary is going to the board in January to ask for adoption of the study that has been done, He recommends going back to the 2007 rate for one year and see what happens, Gina Downs asked that since Collier County has projects ready to go, how will the money be used? Nick said that the projects will be prioritized by the Board, Commissioner Fiala said that we may have the highest impact fees in the state, but we have no county sales tax and a low property tax, Michele Harrison said that reducing impact fees will make a huge statement Brad said that the committee needs to see a long term plan, Gina made a motion to make a recommendation to rollback the impact fees to the December 31,2007 level for one year except for roads, Syd Blum seconded, Janet asked how much would it be per home if we rolled back to this level. Amy said it is not a significant dollar amount. The motion failed with a vote 4 (Syd, Gina, Jim and John) to 7 (Larry, Joe, Steve, Brad, Michele, Doug and Janet), Brad proposed a motion to roll back to December 31, 2007, prior to the indexing, for all categories for a minimum of 2 years, Joe Swaja seconded, Motion passed with the vote of 8 (Syd, Jim, John, Larry, Steve, Brad, Michele and Joe) to 3 (Janet, Doug and Gina), Larry will write the letter and include Janet's suggestions as stated. Gina asked the letter be sent out for review before it is sent Mike Sheffield said that because of the Sunshine Law, he recommended against sending it out for all members to review and comment back. Therefore, Larry made a motion that the Chairman be granted authority to draft a memo to give to the BCC for their action on January 13th Second by Syd Blum, All were in favor with the exception of Gina Downs, 16, lA .t; 5 Discussion Regarding the Productivity Committee Impact Fee Indexing Methodology Study. The general feeling is that the committee will hold off on their recommendation until after the meeting on January 13th, This will be the meeting that will give direction to where the board is going, John asked how much we spend on indexing studies, Amy answered about $70,000 per study, She also told the group that Tindale-Oliver is very available to us and is very supportive of our needs, Once we see what happens in January, the number of studies may be revisited, At the next meeting the group will determine their direction. NEW BUSINESS: Recommendations for Appointment of members to the Productivity Committee: Larry recapped those applying for re-appointment Mike passed out a ballot containing each application, Each member will mark 5 applicants that they would like appointed, All candidates appear to be qualified to hold a position on the committee. Janet Vasey asked Lenne Graziani about the letter that she included with her application regarding a pending legal matter with the county, Leanne said it was still pending, Mike Sheffield said that if the committee chooses her to be in the top five, that the BCC would determine whether or not it there is a conflict of interest Janet and Mike agreed that this legal matter need not be taken into consideration by the Productivity Committee, A list will be given to the commissioners of those who received the largest number of votes in January, Each candidate in attendance was given an opportunity to speak to the group, those being: p, Thomas Abraham, Philip Brougham, Leanne Graziani, Shannon Wayne Holland, James Hoppenstedt, Larry Magel, William O'Connor, and Frank Zhou, Current members who applied were also given the opportunity to speak, The committee members were asked to choose 5 names on their ballots, the votes were recapped and the following individuals received the largest number of votes: Barlow-9, Baytos-B, Downs-B, Holland-5, O'Connor-5, Zhou-4, Hoppenstedt-4, Magel-4, Blum-3, Abraham-1, Graziani-1, Brougham-1, and Fay-O, Joe motioned to send the top five names to the Board of County Commissioners, Larry seconded and the group voted unanimously. Public Comment: Larry Magel indicated that he is a member of the Coastal Advisory Committee; he spoke regarding consultant fees and his disagreement with an opinion of an employee of the Purchasing Department Mike will inform the Purchasing Department of Mr. Magel's concern, Commissioner Fiala suggested that studies be done in house where possible and keep people working, 1611 ~ 5 Adjournment: Joe Swaja motioned to adjourn the meeting, Syd Blum seconded and the group unanimously approved, The meeting was adjourned at 4:07 p,m, Next Meeting: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p,m, on Wednesday, January 21, 2009, This meeting will be held in the County Manager's Front Conference Room on the 2nd Floor of the W, Harmon Turner Building (Administration Building F), 'iala ~alas ~enning :;oyle ::;oletta 16 11 ARESEIVED JAN i 0 2009 RECEIVED AUG 1 2 2008 ,'';''''''',.1. tioard of County COmmissioners ""'11/\/ '-o/YIil1i~'::,i:':(1pr" COLLIER COUNTY GOVERNMENT RGENCY MEDICAL SERVICES ADVISORY COMMITTEE (EMSAC) and PRODUCTIVITY COMMITTEE EMS MASTER PLAN REVIEW Minutes - February 19,2008 Productivity Committee Members Present: Janet Vasey. Steve Harrison, Larry Baytos and Joe Swaja. EMSAC Members Present: Victoria DiNardo. Nancy Lascheid and Mike Murphy. Staff Present: Alan Drescher, Mark Willis, Artie Bay, Jeff Page, Jennifer Florin from EMS; Mike Sheffield, Assistant to the County Manager and Barbetta Hutchinson, Office of Management and Budget. Others Present: Ilene Stackel, Naples Daily News. 1. Call to Order Nancy Lascheid called the meeting to order at I :07 p.m. 2. Review of the Master Plan Review performed by EMSAC Nancy stated that the main mission of EM SAC is patient welfare. Three areas ofthe report were discussed: A Feasibility B. Financial C. Improvements 3. Discussion of the EMS Master Plan Discussion was made within the group regarding insurance payments, electronic filing, reluctance in the reduction of EMS units, fire district consolidation and an Ave Maria emergency clinic. Janet Vasey will draft a letter from the joint sub-committee for submission to the BCC containing the results of the committee's discussions: . Reasons for funding shortfalL . Reductions in patient care and service impacts, . Relationship between service calls, reduced anlbulance transports qnd the potential reduction in EMS units. MISC, Corres: . Fire District Advanced Life Support (ALS) units, iL-- Page 1 of2 "','>,r.ins to 16, 1 H 5 . Additional EMS cost reductions such as replacing overtime with regular time unfunded employees and reducing incentives and capital terms. . New revenue sources such as a $500 fee for response to auto accidents, an EMS fee added to auto and boat tags, cost recovery from drunk driver restrictions fees, a hazardous materials cost recovery charge, a Municipal Services Taxing Benefit Unit (MSTBU) for new growth units. . Unfunded units' impact on ambulance response time goal of 8 minutes 90% ofthe time. . Stationing unfunded units to better achieve improved response time. The subcommittee will volunteer to the BCC to: . Review the FY 08 and FY 09 EMS budgets to identify potential cost reductions and revenue enhancements. Assist in determining the impact of the four unfunded EMS units (24 employees) improving response times. Look for other potential financial trade-offs within the county budget, specifically lower priority programs that could be reduced or eliminated to reallocate funding to EMS for health and welfare services to the community. ~' . . 4. Adjourn The meeting was adjourned at 3:02 p.m. )~_~~ 0<;(7 . ,Jf!~,:"f <'::',l~e,,,~,,,,-r(Ez (!y cft.0L. Page 2 of2 ~:l:s 16 , 'It. A c:. Cr"E_IVED Henning J1 ' ", -..1 . Coyle ~ ,:, 2009 C:Jletta ~ - <:'.J ' Board of County Commi ' EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) , SSloners SUB-COMMITTEE AND PRODUCTIVITY COMMITTEE SUB-COMMITTEE Friday August 28, 2008 COLLIER COUNTY EMS HEADQUARTERS 2705 South Horseshoe Drive, Naples, Fl 34104 9:30 A.M. EMSAC District 1- Victoria DiNardo, Present EMSAC District 4- Nancy Lascheid, Present Productivity Committee - Janet Vasey, Chairman, Present Productivity Committee - Steve Harrison, Present Productivity Committee - Joe Swaja, Present Productivity Committee - Gina Downs, Present Staff Present: Jeff Page, Chief Dan Bowman, Deputy Chief Artie Bay, Operations Analyst Dave Stedman, Database Administrator Jennifer Florin, Administrative Assistant Audience Present: No audience present Meeting was called to order by Chairman Janet Vasey, Motion to adopt to agenda; passed unanimously Motion to adopt minutes from July 3rd; passed unanimously Janet asked that one change be made to the August 8th minutes, On the second paragraph of the 5th page she asked that it be clarified the "fire consolidation study", Motion to adopt minutes with the addition; passed unanimously. Wrap-Up Master Plan Issues Janet asked if anyone had anything additional to add before we got into the draft final report, Chief Page stated that Dr. Tober read the draft report and subsequently had a phone conversation with Janet on it. He has also asked that we provide the group with some data on the ALS engine program and the training requirements, Chief Page stated that one of the reasons this is coming up now is that just recently we held a testing for the City of Naples paramedics. This test was specifically geared to test their knowledge and make sure they were at least on an intermediate level in regards to their trMiM~e reason the City was chosen was because none of their medics have sat befor...12r. Tober for certification. Chief Page stated that this test was both written and practical~hly :2 uf ltem#: ::opies to .._..'~.'--- , 1 6 J.: 1" 1 A 5 Page 2 their 14 medics passed the test. This means that they cannot man their own ALS engine and have had to down it. We do however have an ALS engine in the city that we man, but the other is staffed with their medics, He stated that we have been working with the City for the last few weeks to get that engine back up because per the agreement they are required to have two ALS engines up 24 hours a day. He stated that we have offered to do an additional swap and put our personnel on the truck; and we have asked Chief Murphy of the City of Marco if he would be willing to allow one of his guys to work in the City of Naples to help them; and neither one has happened yet. The City of Naples is very busy at the moment with contract negotiations, so this is being made secondary, The other component to this is per the agreements the tire department medics that work the ALS engines have agreed to do a certain amount of training to keep up their ability to work under Dr. Tober's license. One of the things they agreed to is to attend 75% of the in-service training provided by Dr. Tober. County medics have to attend 100%. Chief Page stated that they are not complying with that. In some instances there are medics that have attended zero meetings. The other component is an online course. It usually takes about an hour and there is some material to read and a test at the end, They are also not up to date with those, The issue and the reason this is all being brought up is that the draft report suggests that we rely heavily on the ALS engines, and he wants the group to know that we can't always do that. And specifically that two ALS engines do not equal a transport unit. The packets that are being handed out have a cover page that explains all the material behind it in the backup, It reviews not only the training, but the types of procedures they are doing also, Chief Page added that quite often they are just giving oxygen. Rarely do they start an IV, and almost never are drugs administered, They don't get the opportunity because there are not that many occurrences where they would need them, and even those few instances, we are not that far behind, Nancy asked who has the governance on the non-compliance, Chief Page stated that ultimately it is Dr. Tober's decision. Dr. Tober did deal with the issue at the City of Naples by telling them that they are not allowed to man that one ALS engine until they are up to speed with the training, Chief Page stated that this agreement was agreed upon by the Cities councils, the independent fire district councils and the BCe. He stated that he wants to give them every opportunity to comply. Nancy asked about the time frame of them being out of compliance. Chief Page stated it has been two years since these agreements have been complete, Everyone was in agreement that the liability they are facing is huge, and they are appalled at these results. Chief Page stated that Dr. Tober did have to work today, but he is available by phone if anyone wants to speak with him. Gina asked if Chief Page knew why they were reluctant to do the training, Chief Page stated that he really didn't know. Steve thought that maybe it wasn't paid time. Janet stated that what really bothered her was the one hour test that they aren't doing. She felt that it shouldn't be that hard to tind one hour while on duty to take a test. Steve asked Chief Page if we make employment contingent upon taking the training, Chief Page stated that we will pull people off the road if they don't attend in-services and/or if they don't keep up with the online tests (Healthstream), Vicky asked if this information and requirements was built into their contract. Chief Page stated yes, it was, Deputy Chief 1611 A 5 Page 3 Dan Bowman asked if he could give a little background into the contract. Dan gave a description of the timeline of meetings and who was involved with creating the training matrix. He also stated that some departments are showing an effort and trying to attend meetings and do their online classes, but others are not. He also stated that there is only one paramedic that works for the fire districts in the county that is 100% compliant, and he works on Marco Island, Dan stated that he wanted to review at least the cover page with the group. He started by saying that this is a preliminary report for training and operations; while its main focus is training. The cover page has each district listed and their training status of compliance or non-compliance, He stated that the reason this is labeled preliminary is because he has given this information to all four of the districts on August I I th to allow them the opportunity to respond, He stated that he has heard from some of them stating that they feel the data is incorrect; however they haven't submitted anything additional to add, Dan added that he didn't see how they were going to make up the in-services that have been missed. The online classes you can go back and complete if you missed them, but some of these people haven't attended an in-service training in two years, Steve asked about the districts mileage rate, and whether they get some portion for being ALS, He stated that if they aren't in compliance they shouldn't get that. Janet stated that she thinks they individuals receive a pay incentive for having the initial education to become a paramedic. Nancy stated that according to this report, that's not acceptable. Janet agreed and stated that we can't control the fire commissions however this would make for a good argument as to why are they receiving this incentive if they aren't keeping up with the training. Chief Page stated that he asked that same question to Chief McEvoy of the City of Naples Fire. He asked him why he didn't take away the incentive if they can't pass the tests, His response was that it is in the contract that if they have a state paramedic license, they get the incentive. Nancy asked what Dr. Tober wanted the group to do, In other words, how can they help? Dan stated that he has been running these reports for Dr. Tober because this matrix has a sunset of October 2008, It was agreed that at that time the Matrix was initially approved. everyone would get back together and look at the matrix and decide what has worked, what hasn't worked, and rewrite it if necessary, Chief Page stated that basically Dr. Tober has asked us to bring all this information to you because he feels it is important based on the conversation he had with Janet. Janet wanted to describe their conversation a little, She stated that after Dr. Tober saw the draft report and called her. His main concern was that the ALS engines and the EMS units were not interchangeable, One of his other concerns was that the fire departments are really there for fire. And when there's a fire they all go to that fire, and in turn it creates a ripple effect in the response times, He was also concerned that they don't get the amount of experience required because there aren't that many incidents. Janet stated that she feels the reason the fire departments are in the medical field is because there aren't any fires for them to fight. She also stated that overall she feels they are over equipped. She added that she has always thought there should be a way to count them toward meeting the demand, but now she is thinking otherwise. Dave stated that the risk you run when counting them is not just the compliance issue, but what if say North Naples decides to pull out of the program \~Il~ 5 Page 4 all together. We would then be in such a deficit in that area that it would take a very long time to get back up to speed, Chief Page stated that another risk that we run by counting on them so heavily is that if a fire department does decide to get out of the program, and we have moved all of our resources away from that area, they could then go back to their citizens and say that EMS doesn't have the resources needed and that the fire district now needs to provide their own transport. He stated that he feels they are looking for a fire-based EMS service and that this happens all the time around the country, He also added that if we could consolidate all this would go away, because there would be one person responsible, Gina stated that she would like to take this report to Jorge Aguilera and Chief Brown from North Naples Fire and ask them to explain it. She stated that she would want to get their side of it. Chief Page stated that there have been some other instances of concern with the fire departments. For example, recently North Naples was providing an EMT in the swap program that wasn't licensed with the State of Florida. He had his national registry paperwork, but never got his state of Florida license, He added that we had to self report to the state, and the tire department was upset because they thought it could be handled in-house, However, state statute requires that we have to report violations like these, Steve asked Janet where the final report would go next. Janet stated that once we are finished with it, it would back to each council to approve and then to the County Commission, Steve added that maybe we should add some language to the report to make it conditional of their compliance, He felt that it needed to be recognized that it's not as simple as counting them into the calculations. Joe stated that wouldn't include them at all, and boldly state that we cannot include them because we have no confidence they are equivalent to an EMS unit personneL He added that they can still be there, but we cannot count them against response time or for planning purposes, Chief Page stated that he thinks they are valuable. and we need to count them in the response times, or we will be behind again, Janet added that she thinks Joe meant to not include them in the population figure, Janet stated that she had some changes to the report that she would like to go over. She added that as a group they can decide if they want to disclose any of the information they just learned. She stated that what she had prepared was a change in general terms so that it didn't get into specifics, Janet reviewed her changes with the group, They included spelling changes, and a few minor wording changes, Gina asked if page 5 would be the appropriate place to start adding some provisions to their certifications. Chief Page stated that certification to the fire districts means just having the state license, and not the additional training that is required by the medical director. There was also some discussion about taking this packet to the commissioners. Joe stated that this should be brought to their attention because they should never be blind sighted, Steve suggested saying that there is difficulty including fully the ALS engines because of the limited experience they are exposed to as well as the lack of continuing education training, 16J1A 5ge5 Gina stated that she is a little worried that we received this report at the last minute, and the group is thinking of changing everything without getting the other side of the story, Chief Page stated that he isn't asking the group to change any decision, Gina added that she wants to change it, just with some additional facts first. The other worry from the group is how this all relates to the Master Plan, Janet stated that the change in wording recognizes the ALS engines as a safety net and allows us to count their response times. She feels the decision is whether the group wants to raise the flag on some of the problems that exist today, She stated that she also agreed with Gina and we should get the other side of this before we put something in writing. Nancy stated that she feels we shouldn't procrastinate on this, She asked if everyone could make a meeting next week. Janet stated that she didn't have a problem meeting next week as long as everyone would have the time to do research, She also added that this can't go any faster than the end of next month because it would have to go before both full committees, Chief Page stated that this group is the first to see this report. He will be giving it to Mr. Summers as soon as the meeting is over, and he expects that Mr. Summers will be giving it to Jim Mudd. Dan stated that this is just one report that he is doing for Dr. Tober. There are others including a quality assurance report, patient care reporting, and also an operational report, Joe asked if they would get to see those reports, Dan stated that they could see anything they wanted. The quality assurance report for example will be a report on the process, and not the actual run reports, Steve stated that in his private industry they have what they call peer reviews, and he asked if we had anything similar, Chief Page stated that the QA reviews are like that, however state statute protects such reports from the public, Joe stated that he feels that until the ALS engines are in compliance and considered equal to EMS units, they shouldn't be counted in response times, Janet stated that she disagreed, but Joe wanted to explain. He stated that in a private business they were having a problem with response and customer satisfaction, so they hired a bunch of people who could get to the customer quickly; however they weren't equipped or qualified as the other crews that came next. He stated that his customer satisfaction level suffered greatly because of it. He feels that if they aren't the same, they shouldn't be counted as such, Janet stated that the reason she feels they should be counted is because of the 1710 document that looks for basic support to arrive in 4 minutes. She stated that they are arriving and providing at least basic support, so they should be counted for that. What is in question here is the ALS capability. Chief Page clarified by stating that the document allows for an 8 minute ALS response only if you have a first responder with and AED there in 4 minutes. If we weren't to count them, then we would have to be there in 4 minutes, Vicky stated that our exposure and liability is high because what if someone from the fire department was to treat someone and there then be an investigation; only to find that that person wasn't qualified, Chief Page stated that as part of the states investigation on the North Naples issue we may be required to refund all of those 43 transports where that non-licensed individual was present, and also notify the patients that they didn't receive the appropriate level of response. Janet stated that she didn't have any more changes, but she wanted to bring everyone attention to the last page of the report, She stated that the last section of the report was the recommendation that has already been to the commissioners, but she added an addendum to this report to specify which units it will most likely be downed, She stated that it's important to add that in because in October the turn back money is allocated, and ~ (, , 1 !~ P~ 6 if the commissioners have a problem with these two units, they need to know before that happens. It was the consensus of the group that we ask Dr. Tober to attend the next meeting. Since Dr. Tober was available on Wednesday afternoon, and that was ok with everyone else (with the exception of Steve), it was decided that we would have the meeting at 1:00pm. Janet told Steve that if had specific questions to ask Dr. Tober that we could do that for him. He stated that the only question would be how hard or how soft to address this. He stated that he agrees with Joe in that they should be taken out of the equation all together, and that would put the most heat on them to correct it Janet stated that she felt the heat will come when it gets out how badly they have managed the program, and haven't kept up their end of the deaL Gina asked Chief Page he is feeling differently, and didn't want this to get out to the commissioners. He responded by saying that he will immediately be giving this to Dan Summers, and he expects that the County Manager will have it within a few hours after that He stated that he would really like for Dr. Tober to be able to sit down with the commissioners either individually or in a workshop setting to explain all of this. Sometimes it's hard to get your point across when you hand them all this paper, because they just have so much going on all the time. Dan stated that he feels that once this gets to them, there will be opportunities created to remedy this. However the point is that there has been apathy for two years now, Dave stated that even if they were to fix everything tomorrow, this is still a good illustration of why we can't include them completely. Vicky stated that she is in East Naples's district. and she may be able to at least touch base with them on these issues, It was agreed that Gina, Joe and Vicky would try to reach their respective districts before Wednesday, Meeting adjourned. Respectfully Submitted. Jennifer Florin Date Adopted: 9 /;/0 ~ , ,{:- (~, V<<~... Chai" I SubCommittee Mem r Signature Fiala Halas Henning Coyle Coletta ',#/J \i/ RECEIVII6 I 1 Jkc~ED JAN 3 0 2009 AUG 1 2 2008 Board of County Commissioners Board of County Commissioners COLLIER COUNTY GOVERNMENT COUNTY CORE FUNCTION STUDY SUBCOMMITTEE MEETING MINUTES April 23, 2008 Productivity Committee Members Present: Larry Baytos, Gina Downs, Jim Gibson, Joe Swaja and Jim Vanfleet Staff Present: Kim Grant, Senior Management and Operations Consultant; Mike Sheffield, Assistant to the County Manager and Barbetta Hutchinson, Office of Management and Budget Others Present: Anthony Fernandez, Clerk of Courts Office. 1. Call to Order Larry Baytos called the meeting to order at I :30 p.m. 2. Commence the Study Jim Vanfleet was elected Chair of the Subcommittee by a motion from Gina Downs, a second from Joe Swaja and a unanimous group vote. Larry Baytos asked the group to have their study done and ready to present to the Productivity Committee by May 23rd in order that it can be given to Jim Mudd by the beginning of June, The group decided to focus on these four divisions: Administration - Larry Baytos Public Services - Jim Vanfleet Community Development - Jim Gibson (Kim Grant will give her CDES study to Jim for his review) Transportation - Gina Downs (Mike Sheffield will send the Transportation report to Gina) Management Offices will be reviewed at a later date. (Joe Swaja will be gone for 3 weeks) 3. Next Steps in the Process Larry passed out a report from the library and asked the group tOM\~ ~me template for their findings in order to have consistency, ' 1. I I Date 00 [V D9 Item#l~I0A5b ~",~ tn Page 1 of2 16 1'""1 A 5 Department heads should prioritize two ways - the top 15 things that are as priority and the top 15 things that are not a priority. taking into consideration what is and is not mandated by law or statute since those things must be done. Mike Sheffield will send a letter from Jim Mudd to the division administrators that clearly states the objectives and that the project is endorsed by the County Manager. Kim Grant asked the group to consider the possibility of some central form of financial and budget services because this will be one of her projects in the middle of the year. Larry passed out budget book pages for each division and asked everyone to send their drafts to Mike Sheffield when ready so that he can bring copies of all to the . M 6th next meetmg on ay . 4. Public Comment - None 5. Adjourn Larry motioned to adjourn the meeting at 2:35 p.m. Joe seconded and the group unanimously approved. u~ c.hl\,r Page 2 of2 i ' f/ Fiala ~'(."-"'~' Halas / Henning _ Coyle '~ Coletta / REl6\1El A R~E1VED JAN 3 0 2009 AGG 1 2 2008 [\(lard of County Commissioners Board of County CommiSSioners COLLIER COUNTY GOVERNMENT COUNTY CORE FUNCTION STUDY SUBCOMMITTEE MEETING MINUTES May 6, 2008 Productivity Committee Members Present: Larry Baytos, Gina Downs, Jim Gibson, and Jim Vanfleet. Staff Present: Kim Grant, Senior Management and Operations Consultant; Mike Sheffield, Assistant to the County Manager and Barberta Hutchinson, Office of Management and Budget. Others Present: Crystal Kinzel, Clerk of Courts Office. 1. Call to Order Jim Vanfleet called the meeting to order at 1 :30 p.m. 2. Approval of Minutes from April 23 The minutes of the meeting from April 23, 2008 were approved by the group. 3. Progress Report Gina Downs reported that she met with Norman Feder. He gave her his priority list. She left him with questions regarding where the big savings would be found in his department. Jim Gibson reviewed his findings in CDES, He passed out a copy of his Core Functions Review Study and said he feels that the department has done a good job of managing down. Some of his suggestions were that all grant monitoring activities should be moved to Administrative Services and that the County should give consideration to doing a study of the economic development programs in regards to effectiveness of the programs as well as an organizational review. He will work on some mapping in preparation for the next meeting, Larry Baytos met with Len Price and talked about insurance and instituting a building hiatus. He handed out a report containing some of the preliminary observations. He also informed the group that the County does have a policy regarding working from home that should be more utilized. He handed out a draft copy of his Proposed Government Buildings Five Year Hiatus report. He asked about impact fee structures for government buildings, Mise, Corres: Jim Vanfleet reported that he had discussions with department heads revolving around staffing. He brought up the lack of research libraries an<ll* ample Item#' Page 1 of2 ~;Gp:es to . 11 A 5 ....b availability of beach reading which reflects the population type. He asked questions about volunteer programs such as Friends of the Library, which contributes donations to the libraries, but do not necessarily volunteer their time to staff them. He said that his strategy was to meet with department heads before he meets with the Administrator. 4. Next Steps Jim asked the group to finalize their comments, putting "draft" on the pages and send them to Mike Sheffield before the next sub-committee meeting on Monday, May 19th. Mike will include copies of the draft reports in the packet for the meeting. 5. Adjourn Larry motioned to adjourn the meeting at 2:45 p.m. Gina seconded and the group unanimously approved. um Chli.r Page 2 of2 Fiala~' r RECEIVED RECEIVED Halas IPAi Henl'ling , JAN 30 2009 AUG I 2 2008 g~~:a r /" So"r<i 01 (;o"n'y Cornm,s"oneraloard of C~unty Commissioners U COLLIER COUNTY GOVERNMENT 16 1 1 A 5 PRODUCTIVITY IMPACT FEE REVIEW SUBCOMMITTEE COMMITTEE Minutes - December 6, 2007, 1 p.m. Members Present: Brad Boaz - Chair, Michele Harrison, Georgia Hiller, Janet Vasey and John Barlow. BCC Liaison: Commissioner Henning was in attendance. Staff Present: Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Amanda Townsend, Operations Analyst Public Services; Joe Schmidt, Administrator CDES; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Others Present: Marci Sanders, Operations Director of Shelter for Abused Women and Children; Steve Hart, Chamber of Commerce; Tammy Nemechek, Economic Development CounciL 1. Call to Order Brad Boaz called the meeting to order at 1:04 p,m. 2. Review/Discuss the Charitable Organization Impact Fee Deferral Program Brad explained that the first purpose of the meeting was to review an executive summary regarding impact fee deferrals for charitable organizations. A handout was provided that explained the issues, gave some background of each issue and gave possible alternatives for continuation in the future. Amy Patterson gave an explanation of the different parts of the program and their differences. Marcy Sanders spoke to the group about her organization and their reliance on the impact fee deferral program. She stated that as a result of a survey that was taken, her organization has determined that the two top areas of concern for clients of her group are child care and affordable housing, Her group is building homes to be used for transitional housing for women and their children for temporary housing until they can get on their feet. The client pays a percentage of their income for this service. There was discussion of how SOIC's and the deferral program worked, Steve Hart added comments on the necessity of the program. Mise Corres: Date 03/l01 D9 , Item #1/0 1l0il5~ Page 1 on :ocies to: ----..,.-_~"____~_,. '~'._'W."'._ I 16f'lfA 5 The group came to the following decisions: Eligibility - Janet Vasey motioned, Michele Harrison seconded and the group unanimously approved that this section of the deferral should remain the same with the targeting of indigent care. Impact Fee Types Eligible for Deferral ~ Janet Vasey motioned, Michele Harrison seconded and the group unanimously agreed that water and sewer impact fees should be included in the program. Repayment - Michele Harrison motioned, Janet Vasey seconded and the group unanimously agreed that there should be a fixed term on non-interest bearing loans for the participants, Perhaps a 5 to 10 year term, subject to renewal by the Board of County Commissioners with onus being placed upon the recipient for a production of a yearly affidavit that reiterates eligibility and allows for inspection of the property by the County, In addition, funding sources should be considered and sourced. Residency - Janet Vasey motioned, Michele Harrison seconded and the group unanimously approved that priority for the deferrals should be given to organizations which primarily service legal residents, Amy Patterson will report back to the group ifthere are any legal issues with this suggestion, 3. Review/Discuss Potential Impact Fee adjustments Janet Vasey went through department by department. reviewed the budgets and gave her views on where she felt there was excess monies in the budget that could possibly be reallocated. Brad Boaz said the indexing is done so the highest possible index can be given. This necessarily is not what should be done. In addition the restructuring code and building standards continue to get more stringent which forces fees to grow, Georgia Hiller said this produces a product that is hardest on people who can least afford it. The group agreed that fees need to be brought into some more realistic. There should be some sort of median between the maximum from the Nexus survey and the minimum of debt service payment alone, Joe Schmidt said that impact fees are targeted for future debt and without the fees the county must look for additional sources of income. The level of service indicator must be reviewed at a local level. Amy and Joe have been directed by Donna Fiala to also look at impact fees on redevelopment, such as change in use. They do not want these fees to be a determent to redevelopment. Amanda Townsend explained how the regional park impact fee study is subjective as every local government determines their own level of service, This reduction in Page 2 00 16' 1 A 5 parks level of service actually removed the building of an entire regional park from the 10 year plan. The group asked Amy to bring scope of services information to the regular Productivity Meeting next week. The group ended the meeting on a note of discord with the decision that each member of the subcommittee will bring their ideas on this subject to present to the entire Productivity Committee next week. 4. Public Comment 5. Adjourn Georgia Hiller motioned to adjourn the meeting at 4: I 0 p.m.. Michele Harrison seconded and the group unanimously approved. &d Page 3 of3 ~:~~ng \;i:j,~;0/' Coyle \/ Coletta ~ Productivity Committee Sub-committee Meeting Alternative Policy Approaches for Impact Fees 12/03/08 RECEIVED JAN 3 0 2009 Roanl of County Commissioners " J.b/l:A ;:, o::lS 5 Members Present: Larry Baytos, Gina Downs, Doug Fee, Steve Harrison, Janet Vasey, John Barlow, Staff Present: Joe Schmitt, Administrator CDES; Norman Feder, Administrator, Transportation; Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Mike Sheffield, County Manager's Office; Barbetta Hutchinson. Office of Management and Budget Others in Attendance: Brenda Talbert, CBIA; Ron Rice, City Gate; David Rivera, EDC of Collier; Kristi Bartlett, EDC of Collier; Steve Hart, Chamber; Roger Rice, Attorney; Billi Spinelli, Chamber, Tammie Nemecek, EDC. Call to Order: The meeting was called to order by Larry Baytos at 1 :06 p,m. Discuss Possible Alternative Policy Approaches for Impact Fees: What is our task? It is not to come up with a new tax to replace impact fees - simply to work within the impact fees themselves. Larry reviewed three possible options: Hold the course; provide minimal fee relief; provide more aggressive relief - roll back to 2007. Gina Downs said that a lot of time has already been spent working on impact fee reviews and doesn't see any other way to offset impact fees. Janet Vasey gave a history of past studies and the decision being made not to impose franchise fee. Norman Feder said that the revenue generating items were removed from the agenda by our Board of County Commissioners. Doug Fee stated that there are many foreclosures and the home values have gone down, Since we have excess inventory, he doesn't feel a large need for capital infrastructure and therefore feels that there would be no harm in keeping everything the way it is now. Janet Vasey said that she thinks about where the money is going to come from to fund the things that are already being funded. Commissioners have said that growth pays for growth and there are very many good reasons why they say that. The people have voted down sales tax and the people said they want roads in place before the growth and then this year people said they didn't want to pay for growth once again. What does that do to building? In the high market, it didn't affect us at all. Ifwe cut back to 2007, where do you come up with the money if you can't go places the people don't want to go? The Productivity Committee has previously said that the impact fees should not be implemented except Transportation, but they didn't listen, Where do we ~' re? DateD lD D9 Item #110 T (J ASd ",-;:c 16 11 A 5 Steve Harrison said the County has already spent the impact fees that we have yet to collect. The methodology that we currently use may not be working. We may need to go to higher density or reduce fees in some geographical locations and go higher than other. Steve said sooner or later we have to address additional revenues. Norman Feder added that there needs to be funding for maintenance of the roads that impact fees have built. John Barlow that our county counts on revenues from tourism and retirees. With the reduction in the revenue stream we would be ill served not to recognize what is happening to the credit markets. He believes it would be wise to try and stimulate and increase the revenue streams if we could. What could we do to stimulate building? A reasonable reduction in impact fees should be implemented to try to stimulate the workforce population. The bigger issue is if we don't diversify the economy we will continue to live through booms and busts. There are not enough jobs being created and no industry is being built. We need a plan to make it happen. Gina said one county eliminated impact fees for new businesses that moved into the county, Whatever we do should not curtail the county's ability to get back into sync when the economy comes back. A rolling average would better serve us. School impact fee: The school district did not participate in impact fees for many years. This will be updated in 2009. There is $5M outstanding in debt for the school board. Public Speakers: Roger Rice, City Gate - We need economic diversification is needed badly, When industry is looking to relocate, they crunch the numbers and they find that the fees are much greater in Collier County. In 2006 Tindale-Oliver did a study on lane mile cost. In the current study, the fee used was 10% less than in 2006. The proposed industrial fees have risen in spite of the reduction, The impact fees should be going down 10% in conjunction with the declining road cost. We need to attract people and business to this county and we can't do that when we are being inconsistent with the facts. Ron Rice, City Gate - He is developing at I75 and 951. He sold a lot to a builder to build a MRA building, Impact fees went up to $IM for a 33,000 sq. ft. building so the builder backed out. There are more stories like this. He is traveling the country and can't find buyers because of the exorbitant impact fees. David Rivera from EDC - He's heard some good ideas. This is complex problem, but he's glad that it is recognized that industrial jobs need to be brought to Collier. We need to attack the issue of economic diversity today, This is not an easy area to move into because of the impact fees, but we need to look at new sources aggressively and some type of relief should be brought to the table, We should also bring experts to the table to talk about these things and get something going. We need the tools in place to make sure the efforts of the EDC aren't useless. 16'1 A 5 Janet Vasey said that she isn't a big fan ofEDC incentives, but she doesn't understand why the NRA guy wasn't coming for incentives? Why has the EDC asked for $0 in FY09 for incentives? Amy Patterson said that the county has money available for incentives. HilI Spinelli, Naples Chamber of Commerce - About 8 years ago he sat in CBIA's office and discussed the lack ofroad building. That group begged the government to get better at building infrastructure and they did, We have been building 4,000 houses a year here. 8,000 construction workers lost their jobs here and can't meet their bills. We are at a new juncture in the life of Collier County. The needs of our time are not, "growth pays for growth" - the need is to give people jobs. We need to refocus - is it more important to collect the impact fee or is it more important to put someone to work so they don't lose their homes, We need to get serious about putting people to work. Do we need a public works program? Larry summarized the meeting by saying that his impression from the group that is not a consensus in making any reductions in impact fees. Gina would agree that is additional spending is seen through infrastructure then she would agree to a reduction in that amount. Norman Feder said that the BCC wants to maximize impact fees to legal limits. We need additional revenues besides impact fees besides impact fees because impact fees cannot legally be used for maintenance. We have added miles coming in without people movmg m. Amy said that school impacts represent 10-11 thousand dollars per home. If the school districts say they do not need the money, the board does not need to collect it. It would have to come from the school districts, not from staff. Tammie Nemecek - She thinks that the issue with impact fees is that this community is very dependent on residential impact fees, If you don't collect impact fees do you collect the money from? There is only a certain amount of places you can go to for revenue. Even if you offer up an immediate reduction, what is the long term strategy? Computer and software services will put us on the map. There has to be a correlation in how much we collect in residential taxes and commercial taxes. Is there a goal where we may need to get to in regard to that and not necessarily looking at the retail jobs? Janet can't see how changes help anything - there is no building anyway. Not indexing at all would be only $1,500 and it really wouldn't be helpful. Janet also would be agreeable to look at a long term plan from Tammy. Steve Harrison feels like it would be a shame if the Productivity Committee did nothing, We should take some little chunk and do something, Norman Feder said we should look at the legality of taxing some and not others. Larry will provide a written report to the full committee and present the report at the next full meeting on December 17. Doug would not support the report the way it is, unless the entire Productivity Committee could change his mind. 16/1,q 5 Adjourn: Doug Fee motioned to adjourn. Gina Downs seconded, The group voted unanimously. RECEIVED FEB 0 9 2009 ~i:::~ ~1611'?<~ A 6/ HennlOg~ Coyle _ January 7, 2009 Coletta .~r ~. Board of County COnvniSSKlners MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, January 7, 2009 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott James Boughton (Absent) Clay Brooker Laura Spurgeon Dejohn Dalas Disney David Dunnavant Marco Espinar (Absent) Blair Foley George Hermanson Reed Jarvi Thomas Masters Robert Mulhere Reid Schermer Mario Valle (Excused) ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES, Staff Liaison Catherine Fabaeher, LDC Manager, Zoning & Land Development Phil Gramatges, fnterim Director, Public Utilities Nick Casalanguida, Director, Transportation/Planning Bob Dunn, Director. B1dg, Review & Permitting Gary Mullee, CDES, Operations Support Manager, BudgettM\h~: Fd Riley l-'ire Code OClieial n'2 lD DO: , ' Date: v-J ./ !lem#J0 ILL AIo ~,~)ptc_;S tei 16';/1 A 6 January 7, 2009 I. Call to Order The meeting was called to order at 3:35 PM by Chairman William Varian and a quorum was established, Chairman Varian read the procedures to be followed during the Meeting. II. Approval of Agenda Tom Masters moved to approve the Agenda. Second by Robert Mulhere. Carried unanimously, 9-0. III. Approval of Minutes - December 3,2008 Meeting The following correction was suggested: On Page 3, the CBIA lawsuit may not have been filed in Court. Reed Jarvi moved to approve the Minutes of the December 3,2008 Meeting as amended. Second by Reid Schermer. Carried unanimously, 9-0. IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt, Administrator . Work hour reductions may be necessary due to insufficient revenue . Voluntary early separation has been ofTered - waiting for response . Most economical option: 4-day work week (closed on Fridays) . Option: requesting inspections on Friday -- premium cost must be paid . A copy of the Financial Impact of the Decrease in Fund 131 Activities Report was distributed to the Committee Chairman Varian stated the building industry has concerns regarding unpermitted and/or unlicensed work being done without any supervision during a 3-day weekend if County closes. Another concern is the closure of the Contractor Licensing Department. Joe Schmitt stated he would bring the concerns to James French, CDES Operations Manager. He stated similar cost-cutting measures will be taken throughout the County. (Charles Abbott arrived at 3--I{) PM) There are four investigators and one supervisor who covcr the City of Naples and Marco Island. as wcll as the County, He stated hc would examine the situation and suggested DSAC make a recommendation noting the industry's concerns regarding the degrading of scrviee, (David Dunnavant arrived at 3:-1-1 PM) A "hot line" will be installed to facilitate reporting of unlicensed work or unlicensed Contractors, espccially during off hours, .Joe Schmitt outlined the costs CDES is required to pay, Personnel services arc approximately SO% of his costs, (George Hermanson arrived at 3:-17 Nef) 2 16('1 A 6 January 7, 2009 Discussion cnsued concerning the "unfreezing" of one position in Contractor Licensing. A question was asked regarding whether or not therc was an increase in unlicensed activity. Bob Dunn, Building Director, stated violations have increased and 72 citations were written in December by only two Stan'members due to the holidays. There was further discussion concerning Fund 131 (Land Use and Permitting) and Fund 113 (Building Dept.), Gary Mullee, Budget Managcr, stated if the County were closed for one day, approximately $5,000,00 per month would be saved in electricity costs alone. Fund 113 has a slightly better reserve structure but is losing money almost as quickly as 131 and will be depleted in the near future. Fund 131 's revenues are critically low, While Fund 131 technically has $I-M in reserves. it has $1.8-M worth of commitments which are currently due. Susan Istenes, stated the type of projects coming into Zoning are primarily small changes and insubstantial changes that are not revenue generating, The biggest fee generator in the Zoning Department was plats and plans - plats for single-family residences, She also stated due to the slowdown in new construction, there are no plats to review, Joe Schmitt stated another large expense was the cost to provide verbatim minutes for the Planning Commission and the Board of County Commissioners. The cost is $6,00 per page, and most transcripts run between 300 to 400 pages. He stated he will try to maintain a core competency within CDES, but staff will be reduced by 20%, While the County was understaffed in 2002, he cannot make payroll for March, 2009. There was lurther discussion concerning allocations, budget line items, and the proposed 4-day work week and the impact of the shorter work week on inspections, A suggestion was made to utilize a private provider to conduct inspections, If a time- specific inspection is ordered from the County for a Friday, a higher premium fee will be charged, Discussion continued, A question was asked concerning whether or not the Planning and Land Use Department was "top heavy," PUD Monitoring and efficiency wcrc also discussed, Collier County's complicated process was compared to Lce County which is morc streamlined, A suggcstion was made to examinc the process as well as Staff Creating thc position of a Hearing Examiner was also suggcsted as well as simplifying the Land Dcvelopment Code. Chairman Varian summarized: . Examine repetitivcncss of reviews to strcamline . The economy nccds the building/rcmodeling industry to survive - permits fiJr projects cannot be delayed . Thc level or scrvice cannot drop -' 16/1 A 6 January 7, 2009 Chairman Varian cited George Hermanson's email which was distributed to the Committee and stated the Committee should draft an LDC Amendment regarding recommendations to streamline the LDC review process for presentation to the Board of County Commissioners B. Transportation Division Update - Nick Casalangnida . A copy of the Road Impact Fee Rate Comparison Chart was distributed to the Committee. It will be presented to the Board of County Commissioners on January 13,2009. He stated the BCC was given an option to accept the proposed Study and defer implementation for one year or to reduce Transportation Impact Fees by 30%, . He stated the DOT's Consumer/Construction Price Index was recently released and prices dropped again in December. . The north section of Collier/V anderbilt Beach Road will be finished by the end of January, 2009, . The North Brook Bridge has been completed, . Working with the DOT regarding modifications to the Immokalee/I-75 Interchange. . All CEls (Construction Engineering Inspections) have been brought "in-house" and will no longer be sub-contracted out. All Collier County Project Managers will perform the CEls, A Committee member stated the combination of declining economy and the high cost of doing business in Collier County is driving developers out of the area and they may never return. There was discussion regarding the figures contained in the Tindale-Oliver Report versus the roll-back amounts, If calculations were incorrect, exceptions should be made in specific categories. It was suggested that the 2006 rates were not necessarily the best choice to use. It was noted the DSAC Committee previously did not recommend adoption of the study rates. The Productivity Committee had recommended the 30% roll-back. A copy of the 2006 Study will be provided to the Committee via emaiL Costs were requested for the two new pedestrian bicycle bridges built over the river tributaries near Vanderbilt Drive and for the two on Golden Gate Parkway near Golden Gate City (by SL Elizabeth Seton over the canal), Mr. Casalanguida stated the design of the pedestrian ways was chosen by the neighborhood MSTU Committees, Regarding landscaping along Vanderbilt Beach Road: the Bce authorized $1.8 M for three projects but the estimates submitted totaled $2,8 M, The Board directed new bids should be requested from the vendors, C. Public Utilities Division Update - Phil Gramatgcs .j 1611 A 6 January 7, 2009 . Two large projects were completed (expansions of the South Water Plant and the feeding Well field) and will provide approximately 12 M gallons of capacity . Figures for the 20 I 0 Budget are being compiled . Revenues were almost 40% less than last month due to lower consumption of water A question was asked about a piping connection problem regarding directional bores. A Utilities reviewer stated "policy" requires the three connections, Mr. Gramatges asked for specifics of the situation to be emailed to him to research. D. Fire Review Update - Ed Riley, Fire Code Official . A written report was submitted to Committee members . 882 reviews were completed in December . A tracking software was installed to pinpoint the percentage of contractor approvals and disapprovals and the problem areas . A second newsletter containing information based on the statistics compiled by the tracking software will be distributed . Classes will be developed to train contractors to increase the approval rates . Revenues have declined but the departmcnt has secure reserves - staff reductions are not anticipated V. Old Business A. Road Impact Fee Comparison Chart - Nick Casalanguida (See Item IV. - B above) B. Dates for LDC 2009 Cycle Catherine Fabacher, LDC Manager, distributed a copy of an Executive Summary concerning the Cycle, . The Sign Code is being revised with completion anticipated for February- March, 2009 . DSAC is "to consider any amendments which the Board deems in the best interest of business pcr their discussion on June 24,2009, that is given conccptual pre- approval by the BCC before the commencement of the 2009 cycle (March I, 2009)," . The current procedure is fix the issue to be placed on a Consent Agenda in order to petition the BCC for conecptual approval for addition of an LDC Amendment. Discussion f()lIowed concerning DSAC's powers and duties, Ms. Fabachcr stated the purpose of the LDC was to provide most, no! all, of the answers, Staff is to interpret the Code and when a problem was presented, an appeal could be made to the BCC for a decision, .Joc Schmitt stated he would inl(lrm the BCC (through an Executive Summary or a memorandum) that additional Amendments will be added to the Cycle Review based on DSAC's recommendation, It was noted that June 1.2009 is the last day to submit drafts of proposed Amendments, The Committee decided to reinstitute the LDR Subcommittee, .) 16{1 A 6 ,> January 7, 2009 Ms. Fabacher suggested the author(s) present explanations of the Amendment(s) to DSAC during its March, April and May meetings, She also suggested convening the March, April and May meetings at an earlier time, There was discussion concerning changes made by the Environmental Advisory Committee ("EAC") after DSAC had approved an Amendment. Ms. Fabacher will schedule the Subcommittee's meetings and will present the proposed schedule at the next DSAC meeting. C. Review of DSAC Municipal Code (Postponed) VI. New Business A. Election of Chairman and Vice Chairman for 2009 David Dunnavant nominated William Varian to serve as DSAC Chairman for the 2009 term. Second by Reed Jarvi. Motion carried, "II-Yes," with one abstention. Mr. Varian abstainedfrom voting. Robert Mulhere nominated Thomas Masters to service as DSAC Vice Chairman for the 2009 term. Second by Blair Foley. Motion carried, "II-Yes," with one abstention. Mr. Thomas abstainedfrom voting. B. Time Change for Meeting Chairman Varian suggested moving the mecting time to 3:00 PM, Judy Puig stated the Operations StafT mects on Wednesdays betwcen 1 :00 and 3:00 PM, She will notify Me. Schmitt of the proposed time changc, VII. Public Spcakcrs (None) VIII. Committee Member Comments Clay Brooker suggested revising the Agenda to allow a speaker from the public to be heard at the beginning of the Committee meeting, The item for "Public Speakers" will follow "Approval of Minutes" in next month's Agenda. George Hermanson suggested the members should prepare lists of issues for discussion spccific to thcir disciplines concerning the LDC Amendments, By consensus, it was decided the LDR Subcommittee should meet in January, Last year, Subcommittee meetings were held on the 3rd Wednesday of the month (January 28, 2009). Ms. Fabachcr will reserve a room and inform the Subcommittec of the time and location. Catherine Fabachcr stated a "school" li,r authors of LDC Amendments will begin in March to teach how to write Amendments and invited the Committee to attend, She will bring the calendar to the next DSAC meeting, (, 1611A 6 January 7, 2009 DSAC Meeting Dates: February 4, 2009 at 3:00 PM (time change to be confirmed) March 4,2009 at 3:00 PM April 1, 2009 at 3:00 PM There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 5:21 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE ~ William Varian, Chairman These Minutes were ~oved by the Board/Committee on ___~ CJ 'f as presented ~, or as amended _______' 7 ~:::s, ~~~~ Henmng~ Coyle v>' Coletta - ,'" -'~EI\lEn 16 /'1 -'A December 3, 2008 ,', ", "'09 .J'1 f.iJ r '<.,c1'1 I,jl~h :.:(\'.,:nl'''':-;'Une!'.~ MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, December 3, 2008 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Collier County Development Community Services, Conference Room #609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Dr. Judith Hushon Noah Standridge David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Paul Lehmann Ninon Rynerson ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Laura Roys, Sr. Environmental Specialist M C ISC OITes' Tom Greenwood, Comprehensive Planning O'l/~D Date J D tem# L0~Ll 41- i;-; 1 ~cen3,~08 7 I. Call to Order Chairman Hughes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. Ninon Rynerson was introduced as a new member on the Council III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carried unanimously 9-0. IV. Approval of November 5, 2008 meeting minutes Dr. Hushon moved to approve the minutes ofthe November 5, 2008 meeting subject to the following corrections: . Page 4, paragraph 3. line 3 - from "quality of the Preserve does degrade, and reported to the County so any necessary action may be taken" to "quality of the Preserve does degrade, it be reported to the County so any necessary action may be taken," · Page 4, paragraph 5, line 3 - from "expressed concern the Petition information..." to "expressed concern that the Petition information... . Page I. - from "Building "F" of the Government Complex" to "CDES", Second by Mr. Penniman. Carried unanimously 9-0. V. Upcoming Environmental Advisory Council Absences None VIII. Old Business (Item VIII. A. to be heard prior to item VI.) A. Determination of date(s) for EAC workshop with the Rural Lands Stewardship Area Review Committee regarding its Phase II Report, which is a review of the Rural Lands Stewardship Area Overlay. Tom Greenwood of Comprehensive Planning provided an update on the status of the Phase II Report. He submitted an email to him from Gary Eidson (RLSA Review Committee member), dated December 2,2008 Re: "Board of County Commissioners' 12-2-2008 direction with respect to Phase 11 Report presentations to the EAC and ccpe' and the document "Phase 2 Report of the Rural Lands Stewardship Area Review Committee, Review of Rural Lands Stewardship Area Overlay, Meeting Room Availability" for the Council's review, He requested the Council select dates for the Environmental Advisory Council's Phase II Review. The Report will be made available to the Council at least 2-3 weeks before the meeting. The current draft and Final Report will be available online at http://www.colliergov.net/lndex.aspx?page=1515 2 16TIA December 3, 2001 He noted that following the Review, the Council may make revisions to, or forward the Phase II Report with corrections to the Board of County Commissioners. The Council decided to schedule January 29 and 30, 2009 for the Review. The Council will also send a letter to the BCC recognizing their efforts ensuring that proper public hearings are conductedfor the Phase II review. VI. Land Use Petitions A. Planned Unit Development Rezone PUDZ-2007-AR-11320 McMullen MPUD Section 14, Township 50 South, Range 26 East The presenters were sworn in. Dwight Nadeau, Planning Manager for RW A, Inc. provided an overview of the project noting the following: · The project is located on the East side of Collier Blvd., fronts on Rattlesnake Road Ext. and is19.32 acres · The required preserve is adjacent to off site lands suitable for preservation in the future. · The South Florida Water Management District (SFWMD) permit has been issued, the US Army Corps of Engineers (USACE) permit is pending. · The project will restore the historic off site sheet flow patterns prior to the Florida Power and Light easements and access roads and direct flow to the west ultimately draining to the 951 canal. · Rattlesnake Road Ext. will be improved to two lanes for this project, with the drainage from the roadway being treated on the subject site, Cheryl Rolph of Passarella and Associates highlighted the following: · The site contains forested uplands and wetlands with disturbed Pine Flatwoods and infested with Melaleuca, · There are 15 acres of wetlands on site, 93 percent of which contain more than 75% ofMelaleuca. · .42 acres of Native Preserve is required, .84 acres will be provided, · An additional 2.39 acres preserve was required by the SWFMD and USACE for a total of 3.23 acres of preserve area held in a conservation easement. Discussion ensued regarding whether the Panther Telemetry maps submitted are the most recent data. Ken Passarella of Passarella and Associates noted the historic Panther Telemetry indicate Panthers are present in the area. The general public does not have access to 3 16 rIA 7 December 3, 2008 the most recent GPS telemetry data provided by the Fish and Wildlife Service. Panther Habitat Mitigation is being provided via purchase ofPHU's (at an amount of approximately $1500 - $2500 per credit) through the Florida Conservation Bank with habitat located in Hendry County, In addition wetland impacts have been addressed via wetland mitigation credits through the Panther Island Mitigation Bank. Discussion ensued on how the wetland preserve on the north side of the site will be hydrated with the proposed improvements to the property directing drainage off site to the west. Emilio J. Robau, P.E. of RW A, Inc noted the site analysis indicates the existing wetland preserve area is, and will continue to be hydrated by off site sheet flow from the north, Discussion ensued on how this would be ensured if the property to the North becomes developed, Emilio J. Robau noted it would be responsibility of the regulating Agencies (South Florida Water Management District, Army Corps of Engineers, etc.) in reviews of future development applications submitted for the property to the north to ensure the historic discharges continue. It was noted a Phase I Environmental Assessment was conducted on the site with no further action required. Discussion ensued regarding the June 19,2007 US Fish and Wildlife Service letter, (Exhibit #19) where page 4 requested additional information, a copy of which was not provided to the County. Ken Passarella stated the additional information was submitted to the US Fish and Wildlife Service and through this information the necessary Panther Habitat Mitigation was determined. He noted throughout the permit process, additional information submitted to outside agencies is not provided to the County for the updating of previously submitted applications. The US Fish and Wildlife Service "Biological Opinion" for the project is pending. Summer Araque noted if Council members require additional information when reviewing the data provided. please contact Staff and the Applicant will be notified to supply any necessary information. Discussion ensued regarding County Planning issues and the status of the Florida Panther Population, The Council noted in the future "significant correspondence" submitted to outside agencies affecting a County application (EIS, etc.), should be supplied to the County. Ken Passarella agreed. Mr. Bishofmoved to approve the Petition (Planned Unit Development Rezone PUDZ-2007-AR-11320, McMullen MPUD. Section 14, Township 50 South, Range 26 East). Second by Mr. Penniman. 4 16 ('1 A 7 December 3, 2008 Summer Araque noted Staff recommends approval of the McMullen MPUD and requires all Agency permits when they submit -their next Development Order. Carried unanimously 9-0. Mr. Penniman noted his "yes vote" is not intended to set a precedent for him to vote yes in the future if an application is lacking any necessary data (biological opinions, most recent telemetry data, etc.), Break: lO:15AM Reconvene: lO:30AM VII. New Business A. Telemetry Points Question and Answer Mr. Sorrell stated he has obtained updated telemetry maps and the statement that consultants do not have access to updated information is not accurate. He noted he contacted the West Palm Beach Office District Fish and Wildlife Office and they provided him internet links to retrieve the data. He will supply the information to Council members. Summer Araque noted in the future Staff will ensure the most recent maps are provided for review by the CounciL Laura Roys, Sr. Environmental Specialist provided an update on the use of Telemetry Points noting the following: . The points are collected by the Florida Fish and Wildlife Conservation Commission (FWC) utilizing Global Positioning System (GPS) technology and are transferable to Geographic Information System (GIS) mapping. . Both Florida Panther and Black Bear are collared for tracking. . The telemetry points for Panther have been collected since 1981. . The data is used to develop mapped habitat areas. . FWC reviews -for critical habitat are not limited to mapped areas, . Areas that undergo substantial land use changes (agriculture to residential, etc.) are no longer considered Panther habitat regardless of telemetry points. . FWC estimates 10 percent of Panthers are collared; no bears are currently collared within this area, It was noted the US Fish and Wildlife Service has not formally designated ("declared a critical habitat designation") any area as Florida Panther habitat. It was noted the "most recent telemetry data" is often not available to the public for 12 months or longer after its collection. Discussion ensued whether the outside Agencies (South Florida Water Management District, Army Corps of Engineers, etc.) are utilizing the most recent data or accepting and/or utilizing older data? 5 < A Z 16 , dcember 3, 2008 - B. Update members on projects Chairman Hughes noted a recent news report deemed Naples Bay Estuary copper levels the worst in the whole country. The Council requ.<;~ed Staff contact Ray Smith of the Pollution Control Department and~auer of the City of Naples to address those issues, Mr. Standridge recommended in anticipation of the Phase II Rural Lands Stewardship Area Review. members review any information available such as the Department of Community Affairs (DCA) final order. Recommendations of the Original Committee, the Legislative DCA Report on RLSA's dated December 3, 2007, and the Phase II draft currently available. Summer Araque noted Staff will provide links to those documents. IX. Sub-Committee Reports None, X. Staff Comments Summer Araque noted the Rookery Bay Workshop for 3:00 pm, December 3, 2008 has been properly noticed for any Environmental Council Members attending, XI. Council Member Comments Ninon Rynerson requested Staff supply information on the types of herbicides and chemicals deemed "acceptable" for stump removal, etc, Mr. Lehmann will review any proposed Mission Statements and prepare a draft statement for review by Council members, XII. Public Comments None. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11: 16 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL 2.C'C)9 6 December 3, 2008 16/1Jl 7 These Minutes were approved by the Board/~hairman on , 1a ni, JO(Jf, as presented , or as amended ' . / , 7 Fiala Halas Henning Coyle Coletta r.'...."..'\'!=.n t" t",~ t: !.':- ,':::..",' 16/1A 7../ n:ij :1, January 7, 2009 ',')7 ~>; . MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 7, 2009 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Collier County Development Community Services, Conference Room #609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge (Excused) David Bishof Nick Penniman Michael V. Sorrell Dr. L1ew Williams Paul Lehmann Ninon Rynerson ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Principal Environmental Specialist Tom Greenwood, Comprehensive Planning William Lorenz, Director, Environmental EV~Ir~: Date: ~tern t! ENVIRONMENTAL ADVISO~Y COUNCIL AGENDA . January 7, 2009 9:00 A.M. CHANGE OF LOCATION: Community Development and Environmental Services (COES) Room 609/610 I 6 II A 7 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of December 3, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2007 -AR-11100 "Taormina Reserve MPUD" Section 9, Township 50 South, Range 26 East B. Site Development Plan Amendment No. SDP-2008 -AR-13029 The Conservancy of Southwest Florida SDPA Section 27 & 34, Township 49 South, Range 25 East C. Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry Section/sl 9, 10, 15, 16, 21, and 22, Township 47 South, Range 28 East VII. New Business A. Background of RLSA program - Tom Greenwood and others VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************.....*******.......****....***......****.....**** Council Members: Please notifv Summer Araaue, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on December 30. 2008 if vou cannot attend this meetina or if vou have a conflict and will abstain from votinQ on a Detitlon 1239-252-62901. General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ".~....., -. 16/1A January 7, 2009 7 I. Call to Order Chairman Hughes called the meeting to order at 9:00 AM. II. Roll Call Roll call was taken and a quorum was established. 111. Approval of Agenda Dr. Williams moved to approve the agenda. Second by Mr. Penniman. Carried unanimously 7-0. Chairmau Hughes noted a letter had been previously received by the Environmental Advisory Council from the Board of County Commissioners, which requested the Council restrict the area of application reviews to "environmental concerns." Mr. Penniman requested clarification if issues such as proposed artificial lighting and hours of operation, etc. may be considered as "cnvironmenlal concerns." Steve Williams, Assistant County Attorney noted these types of issues may be considered environmental concerns; Council members should use discretion in determining if these issues are relevant environmental concerns on a "case by case" basis. Mr. Lehmann arrived at 9:03AM IV. Approval ofthe October 1, 2008 meeting minutes Dr. Hushon moved to approve the minutes from the December 3, 2008 meeting subjeClto the following correction: . Page 6, line 5, - from "Ray Bauer" to Dr. Michael Bauer, City of Naples" Second by Mr. Lehmann. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-11 100 "Taormina Reserve MPUD" Section 9, Township 50 South, Range 26 East The presenters were sworn in. Andy Woodruff of Passarella and Associates and Mark Minor of Q. Grady Minor provided an overview of the application noting the following: . The project is located South of Davis Blvd. and East of Santa Barbara Blvd. Extension . The surrounding land uses are residential, commercial, Collier County Boys and Girls Club and Naples Heritage Golf Course. . The site is characterized by existing native and non-native vegetation. 2 .._.,,_____....,"_._.... ..__..........."-,-__...'w. 16 1"1 ~ 7 January 7, 2009 · A wetlands jurisdictional determination by the SWFMD identified 46.5 acres of wetland. . Listed species surveys were conducted identifying Wood Stork, Butterfly Orchid and 2 species of Talangia. · The native preservation requirement is 20.98 acres; 28.88 acres are proposed for preservation, which provides habitat for the listed species. . The northwestern portion of the site was previously utilized as settling ponds for sewage treatment. . The soil in the settling pond area was tested with no contaminations of concern identified. . None of the listed species outside the Preserve area are proposed to be re- located to the Preserve area. The Council requested the applicant maintain a sufficient quantity of the identified listed plant species to ensure a representative sample of the population remains on site (relocation to the proposed Preserve if necessary. etc.). Stan Chrzanowski, PE, Engineering Manager provided a brief overview of the watershed management in the area, which indicated no adverse impacts by the proposed proj ect. A discussion ensued regarding the benefits of utilization of "semi-pervious type" materials (brick pavers, crushed shell) in pedestrian and vehicle traffic areas to allow stormwater to permeate through the surface as opposed to directly running off the area. It was noted these types of applications still require sub-base materials that compact and discourage water infiltration (shed water as opposed to allowing water to pass through into the underlying soil). However, the South Florida Water Management District (SFWMD) is considering SOme type of"credits" for designs that utilize this concept. Chris D'Arco, Environmental Specialist stated Staff recommended approval of the Petition subject to the following conditions: (Page 10 of 12 of the "Environmental Advisorv Council Staff Report Meeting of January 7, 2009" for the Petition.) 1. The Petitioner must obtain an Environmental Resources Permit (ERP) from the SFWMD (South Florida Water Management District) prior to approval of the Site Development Plan application. 2. An updated Red-Cockaded Woodpecker survey shall be submitted at the first Development Order ifrequired by the Florida Fish and Wildlife Conservation Commission (FWCC) or the Us. Fish and Wildlife Service (USFWS). Provide Florida Black Bear and Big Cypress fox squirrel management plans as part of the next Development Order. 3 16l' A Janu ry l2009 7 3. At the time of the next Development Order. provide a hydro-period analysis for the project site or apply whatever current LDC amendment is in effect regarding evaluating storm water discharge into upland preserves. 4. The preserve management plan required as part of the next Development Order shall include provisions for annual monitoring to determine potential impacts of storm water on preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the storm water with vegetation that will be suitable for future conditions. Wayne Arnold, Q. Grady Minor and Assoc. stated the applicant has addressed the issue of density calculations in relation to land use requirements within the Future Land Use Element (FLUE) identified by Staff as an area of concern on the bottom of page 5 and top of page 6 of the "Environmental Advisory Council Staff Report Meeting of January 7. 2009 ". Dr. Hushon moved to approve the Petition ("Planned Unit Development PUDZ- 2007-AR-llI00 Taormina Reserve MPUD, Section 9, Township 50 South, Range 26 East") subject to the above conditions (#'s 1-4) outlilled by Staff. Second by Mr. Lehmann. Carried unanimously 8-0. B. Site Development Plan Amendment No. SDP-2008-AR-13029 The Conservancy of Soutbwest Florida Section 27 & 34, Towusbip 49 Soutb, Range 26 East Mr. Penniman excused himself from participating in the review of this Petition stating he is Chairman of the Board of the Conservancy of Southwest Florida. Mr. Penniman left the meeting. The presenters were sworn in. Andrew McElwaine of the Conservancy of Soutbwest Florida, Frank Feeuey of Hole Montes, luc. and Geza Wass de Czege of Southern Biomes, Inc. provided an overview of the project noting the following: . The project consists of the re-development of the existing Conservancy site on Airport Pulling Road and 14'0 Ave. · It will link the Naples Zoo and Gordon River Greenway with the Conservancy site. · Existing buildings will be either upgraded or removed, with existing buildings renovated and new buildings constructed reflecting the latest science and technology. . The buildings will be utilized for Offices, Animal Hospital and Educational facilities, etc. · All buildings will be LEED (Leadership in Energy and Environmental Design) certified. . There is a proposed direct linkage to the Naples Zoo. 4 M_~'~___.___~ "" ~6'JiJ ;: '~,.J: anuary~, ' ~ 7 · A non-required storrnwater treatment facility will be constructed at the expense of the Conservancy to treat storrnwater that currently traverses through the site (Coastland Mall Storrnwater, etc.) . The required Storrnwater Treatment will provide for the water to initially enter vegetated swales, to a carbon filter structure, to a dry detention system overflowing into a wet treatment system discharging into a vegetated swale and filter marsh before final discharge to the Gordon River. . Anew, secondary access road utilizing curb cut onto Goodlette Frank Road is proposed. . The proposed access from Goodelette Frank Road traverses a 5 acre Preserve which contains Gopher Tortoises · The access Road will utilize a 100-foot wide bridge which will allow the Tortoises to move throughout the areas. . The Preserve will be interconnected to the Naples Zoo property allowing the Tortoises to enter this area as well. . This interconnection will also promote breeding diversity within the populations in the area. Discussion ensued on the necessity of an additional proposed road which would access Goodlette Frank Road and whether the site could be serviced utilizing the . . 14thA eXlstmg access on ve. Andrew McElwaine noted the additional access is necessary for the provision of emergency services should the access off of 14th Ave become impeded. Discussion followed regarding origination of the concept of using a non- conventionally designed Stormwater Treatment system (vegetation filtration before sediment settles out of the stormwater). Also, maintenance concerns regarding the ongoing cleaning and inspection required of the filter system. Frank Feeney noted the South Florida Water Management District recommended the design concept. Discussion took place concerning the list provided in the Petition which identified 30 species of plants to be planted in the vegetated zones treating storm water. Chairman Hughes requested Staff provide the list of species to Collier County Transportation Department for consideration of incorporating the plantings into applicable storrnwater treatment areas. It was noted the Conservancy is conducting on-going water quality tests for the condition of stonnwater which enters the Gordon River The Council requested within 2 years. the Conservancy provide the results of the water quality testing to determine the effects of the project improvements on the quality of storm water discharged to the Gordon River. Cbris D' Arca, Environmental Specialist stated Staff recommended approval of the project subject to the following conditions: (on Page 7 of9 of the 5 l6 r1 A 7 January 7,2009 "Environmental Advisory Council Staff Report Meeting of January 7, 2009" for the Petition). J. This project must receive a SFWMD ERP prior to Site Development Plan approval. 2. A Florida Fish and Wildlife Conservation Commission relocation permit shall be obtained for the Gopher Tortoises (Gopherus polyphemus) found on site prior to the commencement of construction activities and a copy shall be forwarded to staff. 3. Provide a report to the Environmental Services staff on the results of the relocation of the Gopher Tortoises within thirty days of relocation. The report must contain the following information: the numher of burrows excavated, the number of lortoises relocaled and Ihe final relocation site. 4. The removal of any vegetation wilhin the proposed preserve shall he by hand only. No mechanical clearing is permitted. 5. A supplemental planting plan shall be submilted for environmental staff review in the event that it is determined that the natural recruitment of foraging herbaceous species cover is not adequate. Stan Chrzanowski, PE, Engineering Manager noted the Stormwater Treatment system is unconventional; however it will be monitored to determine how these types of system function long term. He provided a brief overview of the watershed management in the area. Freedom Park and Hole in the Wall Golf Course are taking steps to improve the water quality of the Stormwater discharges into the Gordon River. Mr. Lehmann requested clarification from the Transportation Department if any analysis has been completed for an improvement to 14th Ave and/or the existing access point eliminating the need for an additional separate access road which bisects the Preserve. John Podczerwinsky Transportation Department stated the Department has not analyzed any proposed improvements for the site at the existing access on 14th Ave. He stated the proposed access will alleviate commercial traffic on the residential street of 14th Ave., but does not encourage the new curb cut on Goodlette Frank Road, whicb may degrade the current level of service of the roadway in that area. Dr. Hushon moved to accept the Petition (Site Development Plan Amendment No. SDP-2008-AR-13029, The Conservancy of Southwest Florida. Section 27 & 34, Township 49 South, Range 26 East) subject to the conditions outlined (#'s 1-5) by Staff and the Conservancy provide the results of the Water Quality monitoring in 2 years. Second by Mr. Sorrell. Motion carried 7 - 'yes" J _ "no". Mr. Lehmann voted Hno." 6 .~. A .LUfJi. January 7, 2009 7 Mr. Lehmann stated he applauded the Environmental considerations the applicant utilized in the proposal but the issue of improving the existing access point and/or 14th Ave. has not been fully investigated which may possibly eliminate the need for a proposed access road bisecting the Preserve. Break-iO:45AM Reconvene - i 0: 55AM Mr. Penniman returned. C. Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry Section (s) 9, 10, 15, 16,21 and 22 Township 47 South, Range 28 East The presenters were SWorn in Robert Mulhere Emilio Robau of RW A, Inc., Tim Hall of Turrell, Hall and Assoc. and George Varnadoe ofCheffy, Passidomo, Wilson and Johnson represented the applicant and provided an overview of the application highlighting the following: · The Conditional Use Petition for the project was recommended to the Board of County Commissioners for approval by the Environmental Advisory Council on May 7, 2008 and the Collier County Planning Commission on June 5, 2008. . The Board of County Commissioners approved the Conditional Use Petition on July 7, 2008 with conditions. . The Petition is for the Excavation Pennit. . The site is 967 acres with a maximum 740 acres of excavation. . The plant will operate 24 hours a day, blasting will be involved. A document entitled "Conditions of Approval Hogan Island Quarry, CU-2006- AR-i 0805" and the outlined proposed, Environmental Services and Transportation conditions contained therein was submitted for consideration. Attached was Appendix #1 "Hogan island Dust Control Plan, Rinker Materials. " The document demonstrated compliance with all pennit conditions set forth by the County in the Conditional Use application. Stan Chrzanowski, PE, Engineering Manager provided an overview of the LIDAR mapping in the area. The following was noted: . Truck drivers arrive approximately 1-2 hours before the quarry opens and there is a lengthy access roadway to allow stacking of vehicles internally within the project. (As opposed to stacking on lmmokalee Road). . The project is located a significant distance tram Corkscrew sanctuary and will not have an adverse impact on the wildlife which inhabits the area. 7 9tr 16/1 A 7 January 7, 2009 · The work will be completed in phases, with only the work area being artificially lit with downward pointed, shielded lighting. . Blasting is heavily regulated by various Agencies. Discussion ensued regarding the Florida Panther and the concern of increased early morning Panther fatalities caused by the excavation operation. Robert Mulhere noted the applicant will pay their fair share of funds (not to exceed $20,000) for a proposed wildlife crossing on lmmokalee Road with the location yet to be determined. Discussions took place on the various other avenues of protecting the Florida Panther from vehicle fatalities in the area (warning horns or flashing lights, high pitched whistlers on vehicles, etc.) Mr. Penniman stated at the May 7, 2008 meeting the Conditional Use application was reviewed and he raised the issue of the findings of the Strategic Aggregates Review Task Force Report to the Legislature and subsequently has confirmed they found there was "no significant crises of supply of aggregate materials" (in Florida). Mr. Penniman moved to approve Excavation Permit No. EXP-2008-AR-I2838 Hogan Island Quarry, Section (s) 9,10,15,16,21 and 22 Township 47 South, Range 28 East subject to the recommendations (conditions of approval document referenced above) and the following conditions. I. The applicant adhere to the docwnent "Conditions of Approval Hogan Island Quarry, CU-2006-AR-I0805" and attached Appendix #1 "Hogan Island Dust Control Plan, Rinker Materials. .. 2. The work area artificial lighting shall be shielded, downward pointed lighting (so lighting is diverted from adjacent properties). tJ ~.+k ,"'-UJ-J.t4d .fW"'; 3. Flashing caution lights and signage be posted on t~~ ~Jt~"::ct~s"/:n':i; fr'''''~ ~~~:;:::;.0 Caml" KBaif ~traRd to warn drivers of the eminent danger of Panthers crossing ~ /"the road. Said sign and lights subject to the applicant receiving the appropriate permits. 4. A sign be posted on the access road (in the area where drivers would stack before the quarry opens or other appropriate location) to warn drivers of Panthers crossing the roadways in the area. Said sign to be in Spanish and English. Mr. Bishof recommended a permit condition requiring the project not to commence until the Panther Crossing for 1mmokalee Road is constructed. He noted the proposed signage and warning lights are not adequate enough to address the impacts on the Panther. 8 16' 1 A 7 January 7. 2009 Motion carried 7 ')es -] "no." Mr. Bishofvoted "no." Mr. Bishof stated he voted "no" expressing concern over the traffic impacts on the Panthers and the project does not contain adequate provisions to mitigate the impacts. Break - I2:05PM Reconvene - 1:00PM (Ms. Rynerson did not return) VII. New Business A. Background of RLSA program - Tom Greenwood and others Tom Greenwood, Comprehensive Planning, Bill Lorenz, Environmental Services Director; Anita Jenkins and Bruce Johnson of Wilson Miller presented a slide show presentation as primer to the upcoming Environmental Advisory Council Special evaluation of the Rural Lands Stewardship Area Advisory Group Phase II Report. In conjunction with the slideshow he submitted the following documents: . Excutive Summary "Recommend to review and approve the February, 2008 Report of the Rural Lands Stewardship Area Committee entitled "Rural Land Stewardship Area Five-Year Review, Phase I-Technical Report" for use in the Rural Lands Stewardship Overlay District Phase 2 Report and authorize transimittal to the Florida Department of Community Affairs. " . Document "Rural Lands Stewardship Area Maturity (Proposed Rural Lands Stewardship Area Overlay") prepared by Wilson Miller · Document "The Collier County Rural Lands Stewardship Overlay" presented to the Board of County Commissioners June 12,2002, Updated January 7, 2009. · Document "Rural Lands Stweardship Area Five- Year Review - Phase I _ Technical Review" · Document "Rural Land Stewardhship Sending Area (SSA) Land Charachteristics Summary" Spreadsheet last updated 11/25/2008. It was noted the Conservation Easements generated within the Program are deeded to Collier County and/or the Department of Agriculture and Consumer Services and are perpetuaL Tom Greenwood noted he would provide information to anyone interested on how to obtain the GIS data utilized for the Program. The Phase 2 Report will be reviewed by the Environmental Advisory Council on January 29. 2009 with a carryover day of February 5. 2009, if necessary 9 Ja~J7Joo~ 7 Chairman Hughes requested permission to invite representatives within the Solar Power industry to address the Committee on Solar Power issues. The Committee agreed with the req uest VIII. Old Business A. Update members on projects None IX. Subcommittee Reports None X. Council Member Comments Mr. Lehmann noted he continues to work on the Mission Statement Dr. Hushon requested Staff to notify her when the "Keewaydin" project is scheduled for the Board of County Commissioners Agenda. Dr. Williams suggested the County require future applicants monitor the vegetative filters proposed within projects to ensure they continue to function as intended. Summer Araque recommended the Committee draft proposed Land Development Code language on the suggestion for presentation to the Board of County Commissioners who would direct Staff to undertake the amendment. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:41 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL / These Minutes were approved by the B~X/Chairman on __ A/ +lc. ~e~t3, as presented , or as amended _" 10 RECEIVED JAN 2 7 2009 Fiala \l~/7 ;L. Halas ~. Henning----t7=:=_ Coyle Coletta 4-- ~ 16" 1 A December 1, 2008 8 / . ,county Commissioners 10ard Q. " MINUTES OF THE MEETING OF THE COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE Naples, Florida, December I, 2008 LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Committee, 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 III Ernie Bretzmann Vicki Clavelo (excused) Kaydee Tuff Bill Arthur ALSO PRESENT: Annie Alvarez, Regional Manager/Region III Vickie Wilson, Community Center Suprsndsm;: Date: 03 l D DC}' ltem#: to I ~ Copies to: 16 r!ce~er 1, ~08 I. Call to Order The meeting was called to order at 6:00 PM by Chairman, Jim Klug Ill. II. Attendance A quorum was established. III. Approval of Agenda Remove: VI.D - Frontier Days Add: VI.D - Bandstand VI.E - 2009-2010 Budget Process Bill Arthur moved to approve the Agenda as amended. Second by Ernie Bretzmann. Motion carried unanimously4-0. IV. Approval of November 3, 2008 Meeting Minutes Bill Arthur moved to approve the Minutes as submitted. Second by Ernie Bretzmann. Motion carried unanimously 4-0. V. Old Business A. Recreation Highlights Vickie Wilson reported on the following: o 13 trees will be on display at the 14th Annual Walk of Trees to be held on December 8th through December 12th at 9 am to 5:30 pm. o December 12th from 6- 8 pm the Center will have music and refreshments. o Flyers will be distributed to the schools. o The public is encouraged to attend the display oflighted trees and vote for their favorite by bringing food items for the needy. Collection boxes will be located by each tree. o The Annual Snow Fest is scheduled for December 6. 2008. o There will not be a Trolley ride this year. VI. New Business A. Monthly Budget - Annie Alvarez distributed the (210) Monthly Report and pointed out that it had been broken down by Personal Service, Operating Expense and Capital Outlay. The monthly revenue came in $7,000 higher than anticipated. B. Budget Questions Jim Klug asked the staff to provide a Gov Max Report every month. Annie Alvarez responded that she could not access the Gov Max System. At certain times of the year the system will only allow authorized staff to access the in/ormation. 2 -~ 16/"'1 fA 8 December 1, 2008 Annie Alvarez shared concerns of another Budget Cut and how it will affect the Golden Gate Community Center. She stated the County will be cutting the staffby 10% plus the Ad Valorem Taxcs will be less duc to the economic conditions. C. Board Member Applicants Annie Alvarez stated thcre were 2-applicants for the GGCC Advisory Board positions that will be vacant in January 2009. Bill Arthur. an incumbent has submittcd his application for another term. The other applicant is Ellen Shaw. Jim Klug stated Peggy Ayres had expressed an interest in applying for one of the vacancics and will follow-up with her. Annie Alvarez stated applications would be accepted as long as there IS a vacancy. Jim Klug recommended accepting Bill Arthur and Ellen Shaw for the vacancies on the GGee Advisory Board serving 3-year terms and forward to the Bee for approval. Second by Kaydee Tuff. Motion carried 3- Yes and 1 abstention. (Bill Arthur abstained) Ernie Bretzmann stated ifno one applies by January, he would like to be informcd. D. Bandstand Jim Klug would like the Bandstand lights put into next years' budget. Annie Alvarez responded she had requested a new proposal. The Committee members suggested providing family movies once a month at the Bandstand with an inflated or canvas screen similar to the one used at Cambier Park and partner with the Library. Vickie Wilson responded she will rcsearch costs of inflated and canvas screens and sponsorships. E. 2009-2010 Budget Program The Committee has been very frustrated with not getting clarification on questions regarding the MSTU Funds benefiting the Community and would like to ask the County to provide the Committee with a 2009-2010 Budget with and without MSTU funds. lt was noted the residents would have to vote if they felt the MSTU was no longer needed. Kaydee Tuff stated the Committee would not be taking the MSTU funds away but having more control on what programs the MSTU funds are used for. , ,) 16~ A Q "Jeclber 1, 2~8 Jim Klug moved that the Golden Gate Community Center Advisory Committee (GGCCAC) respectively request 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 fundsfrom the GGCCAC 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 GGCCAC with any programs or services that will be added or deleted from the current GGCC levels and the costs asmciated with restoring those programs or servicel' deleted. 3) Provide the information requested above to the GGCCAC at least 90 days prior to the date the GGCCAC must vote to approve the GGCC 2009- 2010 budget process at their monthly meetings. The intent of this motion is to ensure that County Ad Valorem taxes are utilizedfor programs and services provided at other County Community Centers and that GGCCAC MSTU funds are utilized to provide additional programs and services that benefit the taxpayers of the GGCCAC MSTU. Second by Kaydee Tuff. Motion carried unanimously 4-0. Discussion ensued on the amount of time the Committee has spent trying to find out if the Center and the GGCCAC MSTU are getting their monies worth due to not having another facility to compare it to. The Committee was in full agreement they need answers. Jim Klug stated the Committee wants the highest level of support with the service level being consistent and one the Committee can be comfortable with. Kaydee Tuff stated the Committee wants to be shown what the programs cost so they can make decisions. Ernie Bretzmann stated when the Committee has asked what formula was used and how they allocate the funds. They have been told they cannot compare the Center with other locations. He stated there has to be a method to the way they allocate expenses and funding. He asked if the Advisory Committee has the authority to use the MSTU Contingency Fund anyway they want and if the funds can be used for staffing. Annie Alvarez responded she did not know because ofthe hiring freeze. Bill Arthur stated the Advisory Committee has a right to spend the money anyway they see fit. Kaydee Tuffresponded they could use monies they way they would like but a request would need to be submitted and approved by the Board of County Commissioners Vickie Wilson asked the Committee what their deadline was. 4 - , 16.1"1 A 8 December 1, 2008 Jim Klug said the Committee would need the information 90 days before the 2009/1 0 FY Budget is to be approved and reviewed by the Committee. Annie Alvarez responded the budgets need to be prepared before the month of January and have to consider the Summer Camp which is a different budget. All budgets need to be completed by April. The BCC approves budgets in September. VII. Member Comments Kaydee Tuff announced the trees for the Walk of Trees were being decorated this weekend. IX. 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 7:00 PM. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE ~*:~771 W. mes Klug It'I, Chao n These Minutes were approved by the Advisory Board Chair on as presented C><::.-, or as amended 5 16Vl A tj COLLIER COUNTY DIVISON OF PUBIC SERVICES Parks and Recreation Department 15000 Livingston Road - Naples, Florida 34109 - Phone (239) 252-4000 - Fax (239) 514-8657 Website: colliergov.net AGENDA January 5, 2009 I. Call to Order II. Attendance - Establish a Quorum III. Approval of Agenda IV. Approval of Minutes - December 1, 2008 V. Old Business A. Recreation Highlights - Vickie Wilson VI. New Business A. Monthly Budget - Annie Alvarez B. Board Member Applicants C. Election of 2009 Officers VII. Member Comments VIII. Public Comments IX. Adjournment The next meeting will be on February 2, 2009 at 6:00 PM Collier County Golden Gate Community Center 4701 Golden Gate Parkway, Conference Room "C" Naples, Florida c {~f", c "" " , 1 _.--.........~~-~=-._~.-,..,_...~ 1611 R ~ MEMORANDUM DATE: November 27,2008 TO: Barry Williams, Parks and Rec or , FROM: Sue Filson, Executive Manager Board of County Commission RE: Golden Gate Community Ceuter Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to suhmit an application for consideration. I have attached the applications received for YOW' review as follows: Ellen R. Barkin 4271 30th Avenue, 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 YOW' 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 attentiou to this matter. SF Attachments 16flA 8 fjlson s From: .~t: Subject: EllenR1969@comcaslnet Wednesday, November OS, 2008 1 0:S9 AM filson s New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 11/512008 10:58:58 AM. Name: !Ellen R Barkin! Home Phone: 1239-234-023~ Home Address: 14271 30th Ave. swJ City: lNaple~ Zip Code: IE!TII Phone Numbers Fax: ~39-263-00331 Business: 1239-263-00271 .Mail Address: 1911enR 1969@comcast.netl Work Place: !contempo Direct, Inc.1 How long have you llved in Collier County: [:ill Have you ever been convicted of any offense against the law? ~ lNot Indicate~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: /Golden Gate Community Center Advisory Board! Category: lNot indicatedj Do you currently hold public offfice? ~ flo you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: one at the esent time - reviousl involved with munerous Golden Gate in the role of GGC 1 !supervisor .1 1 t.. I; ..'1) L~ > ~ A 8 . . 2 <,_,~_.,~"_"""'__~,,,,,,,,"~,,~".. _'~'.~_"_.,..__......_~_~_..,__,..._...__,~...~~.,,__"....,m'_.,_,'...,,_. ..,_ D Fiala RECEIVE Halas Henning . / January 5, 2009 FES 0 9 2009 Coyle V MINUnSot5'r'~ETING di9lffiE ~LIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD l6/i1 A e Naples, Florida, January 5, 2009 LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in a REGULAR SESSION in Conference Room "C" of the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present: CHAIRMAN: Jim Klug Kaydee Tuff Bill Arthur Ellen Barkin (excused) ALSO PRESENT: Vickie Wilson, Community Center SupervisorMiSC. Caffes Date: item#. ~",;:ies \0 ..._-~,--_. , 16':( lA 8 January 5, 2009 I. Call to Order The meeting was called to order at 6:01 PM by Chairman, Jim Klug Ill. II. Attendance A quorum was established. III. Approval of Agenda Bill Arthur moved to approve the Agenda as submitted. Second by Kaydee TujJ. Motion carried unanimously 3-0 IV. Approval of December 1, 2008 Meeting Minutes Jim Klug requested a change to VI-C from Ayres to Harris. Jim Klug moved to approve the Minutes as amended. Second by Kaydee TujJ. Motion carried unanimously 3-0 V. Old Business A. Recreation Highlights Vickie Wilson reported the following: . Latin Ballroom Dancing and Thai Chi are new programs being offered this season. . Trees displayed at the "Walk of Trees" were given to families that could use them. Discussions ensued on improving the "Open House" attendance for the "Walk of Trees" event by lighting the trees on the first night and extending an invitation to different school groups to sing on stage to attract more family participation. Jim Klug suggested planting a "Community Evergreen Tree" at the Center for future years to be decorated every year establishing a yearly tradition. This would save on the cost of purchasing trees which was $800. Kaydee Tuff suggested planting the tree by the Bandstand. She noted Max Hasse Park District success when they had over 1400 in attendance for the lighting of their tree. Vickie Wilson distributed the "New" REAL Guide that will be available to the Public quarterly. She distributed and reviewed the Golden Gate Community Center, I st Quarter Revenue Report. (See attached) VI. New Business A. Monthly Budget - None. B. Board Member Applicants Vickie Wilson reported the BCC approved the following Advisory Board Applicants: . Bill Arthur - 3-year term. 2 1611 A 8 January 5, 2009 . Ellen Barkin - 3-year term. She will attend the February 2nd meeting. It was suggested to ask Peggy Harris put in an application as she has shown interest. C. Election of 2009 Officers Jim Klug recommended the Election 01'2009 Officers be suspended until February 2, 2009 due to only three Board Members being present and would like to include everyone in the process. Bill Arthur moved to suspend the Election of 2009 Officers until the next Advisory Board meeting when more Members will be present. Second by Jim Klug. Motion carried unanimously 3-0. VII. Member Comments Jim Klug stated the last time the Advisory Board was considering installation of bandstand lights; letters had been sent out to the Centers' neighbors notifying and inviting them to the GGCC Advisory Board meeting and the possibility of the installation of outdoor lighting. There was no attendance by the public. Vickie Wilson distributed pricing on Outdoor Movie Packages and under "General Information and Details" states outdoor events usually requires a public performance license. (See attached) Vickie received an email from Sonja Williams asking for more details on the role the Library would play in Sponsorship. Discussions ensued on the role of the Library in Sponsorship of future outdoor movie events and what assistance they may be able to provide and it was determined the Center would like to use movies from their collection; whether or not they have a Performance License the Center could operate under, if required; and what movie equipment they have available to lend to the Center. Kaydee Tuff suggested showing movies according to the season or Holiday. VIII. Public Comments - None. There being no further business for the good of the County, the meeting was moved and seconded to adjourn. The meeting adjourned by order of the Chair at 6:40 PM. 3 " 16 I 1 J~Uary ~009 COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD 77/ These Minutes were approved by the Advisory Board Chair on :;).. ,~ - 0 '7 as presented ~ or as amended . 4 Prol!:ram Walk of Trees Gator PeeWee Dance PeeWee Soccer Folk Dance Tumhling Etiquette Halloween Howl Karate Jr. Flag Jr. Soccer Basic Cheer Advanced Cheer Twirlers Dance Drama PeeWee T-Ball Comm. Yard Sale Holiday Camp 5th Grade Dance Late Skate BMX Clinics BMX Races ASA Skate Comp BMX Practices Golden Gate Community Center 1 st Quarter Revenue Revenue -$831.78 $2,181.76 $101.64 $45.17 $84.32 $96.37 $320.00 -$812.22 $521.76 $31.62 $45.17 $246.95 $313.21 $45.52 $435.92 $24.85 $54.21 $340.00 $154.90 $1,897.16 $48.83 $95.58 $953.67 $3,764.36 $56.04 $35.93 Participants 14 Trees 18 15 10 16 16 8 480 77 7 10 41 52 13 22 3 12 34 32 250 12 30 227 20 16 137 1611 A 8 16 t'l A ~ Page I of I From: Sonja Williams [swilliams@colIier-lib.org] Sent: Wednesday, December 31, 2008 9:26 AM To: wilson v Subject: Movies in the Park Hi Vickie, Sorry it has taken so long to get back to you, but I have been in and out during the holidays. I have spoken to our Library Director, Marilyn Matthes and she has a couple of questions about your event. 1. What does co- sponsorship from the library mean? 2. Do want money? 3. Do you want library staff to work the event? 4. Do you want movies provided from our collection? Let me know what you might be thinking. Sonja Williams, Librarian Children's Department Headquarters Branch Library 2385 Orange Blossom Drive Naples, FL 34109 239-593-0870 SIN!li !a,"':ls~:gc()ille r -Ii b. org fild/G'\GGCC\GGCCABlMovies in the Park htm 1/5/2009 " ," "'\iil' ~""! 16 I 1 A ()i'~(}Joor ~;t~(lI!\}~ ~"iljlOi~age~3i; , Rental Prices Effective June 1, 2007 8 GENERAL INFORMATION AND DETAILS: MOVIE LICENSING: Showing copyrighted movies for outdoor events usually requires a public performance license. If you are hosting your own family or private outdoor movie night you won't need one. But if your event is open to the public (even if you don't charge admission) you must get the proper license. To get a license andlor to rent the movies, please contact: www,swank.comor www.Criterionpicusa.com. DELIVERY & SET-UP: Package prices includes delivery and set-up in Lee, Collier, and Charlotte Counties. Additional charges will apply to rentals outside of the local area. Our 'Movies in the Park" package can be rented anywhere in Florida, however the client will pay for all travel expenses. DEPOSITS: To guarantee equipment availability, a 50% deposit is required with your reservation. The balance must be paid the day of the event (We accept Master Card, Visa, American Express, as well as checks and cash). BACKYARD MOVIE PACKAGE: This is our basic outdoor movie package. Perfect for smaller events up to 75 people. Great for Backyard Movies, Sporting Events, Pool Parties, Birthday Parties, Outdoor Wedding Receptions, etc. Package Includes: 10-Foot (diagonal) Outdoor Projection Screen (8' wide x 6' high) LCD Video Projector (3,500 Ansi Lumens), Stand, eve Player, Stereo Sound System (2 speakers on stands) Delivery, set~up, & tear-down of all equipment. Package Rental Cost (per event)............................................... $ 795.00 OUTDOOR MOVIE PACKAGE: A larger version of our basic movie package. Ideal for groups up to 200 people. We include a larger screen, a brighter projector, and a larger sound system. Great far Corporate Events as well. PaCkage Includes: 15-Foat (diagonal) Outdoor Projection Screen (12' wide x 9' high) LCD Video Projector {4,500 Ansi Lumens }, Stand, eve Player Stereo Sound System (2 speakers on stands) Microphone for speaking and announcements Delivery, Set-up, & tear-down of all equipment. Package Rental Cost (per event)................................................$ 995.00 MOVIES IN THE PARK: This large inflatable screen is easily viewable by as many as 1,000 people. Great for Corporate Events, Concerts, Outdoor Movies, Drive-in Movies, Sporting Events, Large Parties, and more. Package Includes: 25-Foot (diagonal) Inflatable Outdoor Projection Screen (actual picture area 20' wide x 15' high) LCD Video Projector (5,800 Ansi Lumens or brighter) Stand for projector, eve Player Large Stereo Sound System (4 speakers on stands) Microphone for speaking and announcements On-site Video Technicians for set-up, operate and tear-down. Package Rental Cost (per event).............................................$ 1,995.00 WEATHER & CANCELLATION POLICY: Our screens may not be used if wind gusts are more than 15 MPH. Also, we will not be able to set up electronic equipment If there is a possibility of rain or if the location is wet. Our on-site technicians will make the final decision if the event must be cancelled due to bad weather. If the event is cancelled once we are on-site, you will be billed for the full rate, however we will apply 50% of the rental towards your next event. .. . If the event is cancelled at least 24 hours in advance, a full refund of the depOSIt Will be gIVen. If the event is cancelled less than 24 hours in advance, a 50% cancellation fee will apply. MULTIPLE DAY DISCOUNTS: Discounts are available for multiple days or multiple events. Please contact us for details. AC POWER: The client must supply AC power dose by for us to use to power our equipment. If AC power is not available, a generator must be rented for an additional cost. IUlADM'A"Idl'.Jlj/jS. ArnJfi"'D.<><'t 1,B,~~~P1figJ ~ll_ n__ ~ II ~.' ~r.l', ~.,) W~) 'th ";:;1 ~,d5G';\~ 1;\", 2058 Beacon Manor Drive, Fort Myers, FL 33907 (239) 939-2273 Fax: (239) 939-5966 Prices subject to change without notice. "'-~...,................____~~_.____,__~.__""W"_~____~._. [g~[guM~~~~/IA Wednesday, December 3, 200~ nv-: 6'30 P ill FIala -l::::.~ 1 . .. Hal ~ Fire Station 71 - Golden Gate BoulevardHe~~ng'- <2 D;::;'~~t:iVt:D Coyle --k:::. \ ,\ \,,,, . Committee Mem bers Coletta ..::::srz/ FE8 \l OJ LuDS Chairperson: Karen Acquard .;o;;::({, ,1 \';:,;liil\":.; \~"lrl\nISsion'~:r::' Vice-Chairman: Jeffrey Curl Member: Stephen Greenberg Member: Linda Hartman Member: Vacant ~ AGENDA I. Call to Order II. Approval of Minutes - September 22, 2008 III. Approval of Trcasurer's Report IV. Member Vacancy (Update) V. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) VI. Big Cypress Elementary School- Playground Request VII. Golden Gate Fire District - Funding Request VIII. Public Comment/Other Discussion IX. Next Proposed Meeting Date - January 26, 2008 X. Adjournment Mise Corres: Date 0;) I D D9' terr<: LI9 ~tl 8. CJ .;.~~; k 16/1 A 9 ~~~<<bJ~~~~ (jul.t Unwuaut Co4p~ (GAC) Wednesday, December 3, 2008 6:30 p.m. Golden Gate Estates Fire Station 71 100 13th St. SW Naples, FL 34120 Golden Gate Estates ~~-~ N?&wt-~- ~ ~fg~-~ ~-~ ~-~ ~cm 9Jiu6 - Property Acquisition Specialist, Real Property Management Distribution: Minutes - September 22, 2008 Treasurer's Report New Member Applications Advisory Board 4-Year Review Memo regarding reimbursement for mileage I. Call to Order - This meeting of the Golden Gate Estates Land Trust Committee was called to order by Chairperson Karen Acquard at 6:30 p.m. II. Approval of Minutes - September 22, 2008 - The first order of business on tonight's agenda is the approval of the minutes from the previous meeting which was held on September 22, 2008. The Committee members have reviewed the minutes and with no further discussion, Chairperson Acquard called for a motion to approve the minutes as presented. A motion to approve the minutes was made by Stephen Greenberg and a second to the motion was made by Jeff CurL The minutes were approved unanimously. III. Approval of Treasurer's Report - The next item on the agenda is the approval of this month's Treasurer's Report. The Treasurer's Report was presented to the Committee members as part of their meeting packets. The Ending Cash Balance for this month's Treasurer's Report is $1,656,533.02 and the Available Cash Balance is $1,506,533.02. After the Treasurer's Report was presented Chairperson Acquard called for a motion for approvaL A motion to accept and approve the Treasurer's Report as presented was made by Jeff Curl and a second to the motion was made by Stephen Greenberg. The Treasurer's Report was approved unanimously. -_....._-."._~." .~~..".~.~-,..,....-_."'._"--<-,"'.".~;~~-_."'~.".." .~,~-_."._~-,,""-,~.,_....~-,. IV. 16 ,.' A 9 Member Vacancy (Update) - The next item on the agenda for this meetin! orte GAC Land Trust Committee is our member vacancy update. At tonight's meeting we have two potential applicants in attendance. The Committee members conducted interviews with the two applicants to potentially fill the two vacancies we currently have on the Committee. The first interview was conducted with Mr. David Farmer as his application was received by staff first. Mr. Farmer began the interview by introducing himself to the Committee. Mr. Farmer was asked about his past history of serving on Committees and Advisory Boards to which he gave a brief history of his past service. Mr. Farmer also inquired into what the Committee can and cannot fund. The second interview was conducted with Ms. Pat Humphries. Ms. Humphries introduced herself to the Committee. Ms. Humphries gave the Committee a brief history of her experience in other advisory boards and committees. Ms. Humphries had a question with regard to the figures on the Treasurer's Report. Ms. Humphries was advised that the column on the right side of the report is what we have available while the column on the left side is provided to us by the Finance Department. Ms. Humphries also asked about our pending transactions and these transactions were explained by Chairperson Acquard. With no further questions or comments from the Committee or the applicants, Chairperson Acquard called for motions to recommend appointment of the two applicants. The first motion was for Mr. Farmer and was made by Stephen Greenberg. A second to the motion was made by Jeff Curl. With no further discussion, the Committee voted unanimously to recommend that Mr. David Farmer be appointed to the Committee. The second motion was for Ms. Humphries and was made by Jeff CurL A second to the motion was made by Stephen Greenberg. With no further discussion, thc Committee voted unanimously to recommend that Ms. Pat Humphries be appointed to the Committee. V. Request for land transfer from Parks & Rec Dept. - 47+ acre parcel (Update) - We have no update to report on this item at this time. VI. Big Cypress Elementary School - Playground Request - We have no update to report on this item at this time. VII. Goldeu Gate Fire District - Fuudiug Request - The Committee was advised by Staff that this item is going before the Board of County Commissioners at their December 16, 2008 meeting. VIII. Public Comment/Other Discussion - Staff had two items to discuss at this point in the meeting. The first item of discussion is the Advisory Board 4-year Review that must bc completed. The 4- year Review was prepared by Staff and presented to the Committee members at this meeting for their review. After reviewing the document and a brief discussion, onc change was recommendcd. Chairperson Acquard then called for a motion to be made to ace cpt the 4-year Review pending the recommended change. Making this motion will allow Staff to make the revision and have Chairperson Acquard sign off on the 4-year Review without having to call a special meeting. This motion was made by Stephen Greenbcrg and a second to the motion was made by Jeff Curl. This item was approved unanimously. The next item to be discussed by Staff is the mileage reimbursement for Advisory Board members. Staff was provided with a packet that included a letter explaining the mileage reimbursement, directions for filing tor the reimbursement and a mileage reimbursement form. ,---,--~-,------~--------.".....-_.~",.._. " 16 /1 A 9 Staff provided all Committee members with this packet for their review. A question was brought up as to whether the mileage was to be calculated from the member's home or from where they actually arrive at the meeting from. StatT advised that they were not sure and would have to check. At this point, there was no further public comment or discussion. IX. Next Proposed Meeting Date - January 26, 2008 - The next proposed meeting date was discussed and all members agreed that the next meeting will be held on Monday, January 26, 2008. X. Adjournment - At this point in the meeting Chairperson Acquard called for a motion to adjourn this meeting of the Golden Gate Estates Land Trust Committee. A motion for adjournment was made by Jeff Curl and a second to the motion was made by Stephen Greenberg. The motion for adjournment was approved unanimously. This meeting of the Golden Gate Estates Land Trust Committee was adjourned at 7:35 p.m. (".~ u ci L_r/ erson , , v 16/1 A 9 Memorandum To: ~/l1 Sue FilSulI, ~cutive Manager Board of County Commissioners From: Jason Bires .~ Property Acquisition Specialist - Date: February 3, 2009 Subject: Golden Gate Estates Land Trust Committee Minutes - Signed by Chairperson Karen Acquard Sue, please find attached a copy of the approved GAC Land Trust Committee Meeting Minutes signed off by Chairperson Karen Acquard. The minutes and agendas from the following meetings are attached: December 3, 2008 Thank you. Attachments as stated Real Property Management Department r"iala Halas Henning Coyle Colettlil RECEIVED JAN 3 0 2009 16/1fl!o y'/ November 19, 2008 , i\i Y MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERV A nON BOARD :3oard ;)1 COlmh' C'Jrnnl!SSloqe~ Naples, Florida, November 19,2008 LET IT BE REMEMBERED, that the Collier County HistoricaV 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: Elizabeth Perdichizzi William Dempsey Patricia Huff Sharon Kenny (Excused) Craig Woodward ALSO PRESENT: Melissa Zone, Zoning & Land Development Steve Williams, Assistant County Attorney Cheri Rollins, Administrative Assistant MISC. Caffes Date: D6 /1 D ) 09 "em # 1B Ll)A 14 161,1 A:~o November 19, 2008 L Roll Call/Attendance: Chairman Perdichizzi called the meeting to order at 9:25A.M. Roll Call was taken and a quorum established. n. Addenda to the Agenda: None III. Approval of Agenda Craig Woodward moved to approve the Agenda as presented. Second by Patfy Huff. Carried unanimously, 4-0. IV. Approval of Minutes: October 29, 2008 Craig Woodward moved to approve the minutes of October 29, 2008, as presented. Second by Will Dempsey. Carried unanimously, 4-0. V. Department of Zoning & Land Development Review Report: A. Nothing to Report VI. Old Business: A. Naples Depot update Melissa Zone reported that the City of Naples has jurisdiction over the Naples Depot and the HAPB had no review or monitoring authority. Discussion ensued regarding inter-local agreements with Marco Island, Naples and Everglades City. Attorney Steve Williams and Melissa Zone, after searching office files and the Clerk's Public Records, were not able to locate either a City of Naples or a City of Marco inter-local agreement copy, though one was purported to exist. They will both continue to research. Craig Woodward will contact the City of Marco officials for a copy of what they have on record. He questioned the oversight loophole which appears to be in place. He suggested inter-local agreements be pursued, whether or not Ordinances cover historical preservation requirements and who monitors renovations, removals etc. at Historically Designated sites. This topic will be put on the next scheduled HAPB meeting's agenda after further researching the inter-local agreements currently in place. B. Discuss alternative dates and times for HAPB meetings Following discussion of the Ordinance and Advisory Board requirements, it was decided to continue to meet monthly on the 3'd Wednesday of the month. unless there is no business to conduct; and, to skip December's meeting. Craig Woodward moved to eliminate the December meeting and resume the regular schedule on January 21, 2009. Second by Will Dempsey. Carried unanimously, 4-0. 2 16 J 1 It Ie November 19,2008 C. Lake Trafford Canoes Response Letter The response letter to Chairman Perdichizzi's request for information to the Department of State Division of Historical Resources provided a good deal of new information which resulted in a lively discussion regarding ways to ensure the preservation and transfer to a museum some of the better preserved Indian canoes discovered in Lake Trafford. Collier County Museum Director, Ron Jamro, State Archaeologist Ryan Wheeler and the Janus Research report, "Littoral Survey of Lake Trafford" prepared for the South Florida Water Management District, will be consulted. Funding options and State and County approvals will be sought. Will Dempsey offered to conduct an on-site investigation of the canoes as part of an Environmental Project he will be participating in. Craig Woodward moved to have Will Dempsey lead the "expeditionary force" to investigate the Lake Trafford Canoes. Second by Patty Huff Carried unanimously, 4-0. Upon the assembling of all information, Ron Jamro will be invited to a HAPB meeting to provide input to the restoration effort. VII. New Business A. Mr. Hammond - Presentation on the Naples Cultural Landscape Fund MI'. Hammond was not present at the meeting. A brief discussion followed reviewing the various items that Mr. Hammond wanted the Board to consider. B. Review and Recommendation ofHAPB Member Applications (Richard Taylor and Pam Brown) A review and brief discussion of each candidate's application was conducted. Craig Woodward moved to recommend acceptance of both Richard Taylor and Pam Brown as members ofHAPB. Second by Will Dempsey. Carried unanimously, 4-0. Melissa Zone will send a memo to the BCC for their approval noting the HAPB recommendations and will invite both candidates to the January meeting. VIII. Public Comments - None IX. Committee Announcements Patty Huff announced a fundraiser on Dec.IS to help with medical expenses in memory of Carol Moseman, the Past-President of the Everglades City Historical Society. The balance will go to the Friends of the Museum memorial for her. She also called attention to the fact that the Original Collier County Bank building in Everglades City was for sale, stating the County or the Museum may have an interest in it. 3 1611ALO November 19, 2008 Melissa Zone noted the FGCU talk on Shell Mounds on Marco on Nov.19. Chairman Perdichizzi mentioned the SWFAS Picnic at Roberts Ranch in to be held in December. She will see that more information is e-mailed to the Board Members. Craig Woodward provided an update on the progress at the Marco Museum site, which will have an Indian theme and include a large shell mound centered with a lagoon and surrounded by an estuary, with artificial thatched roofed structures just like the ones at Disney World. Chairman Perdichizzi commented the preserved canoes would be perfect for the Calusa Room at the Museum. The next scheduled meeting will be held Wednesday January 21, 2009 at 9:15 AM There being no furtber business for the good of the County, the meeting was adjourned by order of the chair at 10:20 A.M. COLLIER COUNTY mSTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD " ~ i / ._:".2i'I,...&~1f\ \ ~,,/\ ~~ , \." \ Y} i- 1 Chairma'n Elizabeth Perdichizzi ) I. These minutes approved by the ~. mittee on as presented or a me 1/Z7/()Q 4 eRA Governine Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N, Coletta Commissioner Fred W. Coyle Commissioner Frank Halas State Enterorise Zone Develooment A2encv Board lEZDA) Fred N. Thomas, Jr Chairman Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio Julio Estremera Kitchell Snow Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo eRA Staff Penny Phillippi Executive Director 239252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.2313 RECEIVFD 1~~~LU C~ l:ommunity Redevelopment Agency .IAN 29 2009 iThe PI'Ice to ('III Hamel joard of County Commissioners EZONE MEETING AGENDA State Enterprise Zone Development Agency January 26, 2009 - 9:30 to 9:45 AM Career and Service Center of Collier County-immokalee 750 South 5th Street lmmokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of Quorum. c. Adoption of Agenda. D. Communications. II Fiala Halas Henning coyle Coletta 1( ~ 16/1111/ Consent Agenda. 1 . Approval of Minutes a. Regular Meeting - December 17, 2008 (Enclosure I) 2. Enterprise Zone Reports a. Enterprise Zone Activities Monthly Report (Enclosure 2) b. Quarterly Report (Enclosure 3) E. F. Old Business. G. New Business. 1 . Enterprise Zone Program logo Citizen Comments. H. I. Next Meeting. February 18,2009 at 9:30 A.M. J. Adiournment. \i,~SC, Corres. Date Do/ LPJ.D9 'pm)~ LIQIL!:)d t \ eRA GoverniDl! Board Commissioner Donna Fiala Chair Commissioner rom Henning Commissioner James N, Coletta Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisory Board Fred N. Thoma~, Jr. Chairman Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio J u] io Estremera Kitchell Snow F]oyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo CRA Staff Penny Phillippi Executive Director 239252.2310 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 239.252.23 ]3 Action: :,ponsor, RECEIVED IMMO~LEIE C~ JAN 2 9 20~ommunity Redevelopment Agency BOardOfCountvCommiSS'Ol1e~The Pl'1ce to ('111 Homel 1611M~ FIala C ,: ?:...-.L Halas Henning Coyle Coletta j CRA MEETING AGENDA Community Redevelopment Agency Advisory Committee January 26, 2009- 9:4S to 10:30 A.M. Career and Service Center of Collier County-Immokalee 7S0 South Sth Street, Immokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of a Ouorum. C. Introductions. D. Adoption of Agenda. E. Communications. F. Consent Items. I. Approval of Minutes a. Regular Meeting December 17,2008 (Enclosure I) 2. Committee Applications a. Application from Edward "Ski" Olesky (Enclosure 2) b. Application from Michael Facundo (Enclosure 3) c. Application from James Wall (Enclosure 4) 3. RWA, Inc. a. December Report (Enclosure Sa) b. December Invoice (Enclosure Sb) c. Change Order One Invoice (Enclosure Sc) 4. Commercial Fayade Improvement Program Monthly Report (Enclosure 6) G. Old Business. 1. County Code Enforcement Monthly Highlights in Immokalee, Kitchell Snow H. New Business. I. Nominations from the floor. 2. Election of Officers (Enclosure 7) 3. News Articles (Enclosure 8) 4. Operational Plan Workshop 5. Publish Annual Report I. Citizen Comments. J. Next Meeting Date. February 18,2009 at 8:30 AM K. Adjournment. . The next joint Advisory BoardlEZDAlIMPVC meeting will be held February 18, 2009, at 8:30 A.M. at the Career and Service Center located at 750 South 5'h Street in Immokalee. .. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm 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. Hannon Turner Building (Building F), posted at the lmmokalee Public Library and provided to the County Public Infonnation Department for distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. In accordance with the American with Disabilities Act, persons needlng 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, includingiut \:l't ~ited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fi l!'tI'o ffillss'ion, an~ I the Collier County Housing Authority; etc. In this regard, matters comin!;.,.l:.~fore the IMPVC l D D9 and th~ Advis?ry Board may come before one or more of the referenced BO~eafHi CVlIJllllnee'j / ~I^" 'I from lime to tIme. .l..kil Lip l c:t I item # ..~._-' - "'~:r~ \,-, 3. Mr. Thomas announced that each member of the CRA Advisory Committee had received by email and by hard copy the Executive Director's Self Evaluation and an Evaluation Form. He asked that CRA Advisory Board members complete the Evaluation Form by the end of the day and provide it to Ms. Phillippi. Downtown/Public Realm Plan. Ms. Phillippi announced that the Downtown/Public Realm Plan Change Order for R W A was approved by the BCC on Tuesday, December 16th She announced that no Notice to Proceed was required but asked Mr. Vanasse to let Land Design Innovations know to get started. EDC Proiect Innovation Letter of Support and Endorsement Packet. Ms. Winchell provided those present with a brief explanation as to the purpose and goals of Project Innovation and requested that the CRA join as one of the Sponsors. Mr. Estremera made a motion that the eRA support Project Innovation, join as a and agree to be full participants in the program. Mr. Rice seconded the motion and the " 4. IMMQ~LEE C~ Community Redevelopment Agency i The Pl'1ce to c'1ll Hamel 1611A:tt Enclosure 1 MINUTES Enterprise Zone Development Agency December 17,2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 9:03 A.M. Roll Call and Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow, Eva Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana Salazar. Advisory Board/EZDA Members Absent/Excused: Two vacancies. A quorum was announced as being present. lmmokalee Master Plan and Visioning Committee Present: Fred N. Thomas, Jr., Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews, Rick Heers, and Rev. Jean Paul. IMPVC Members Absent/Excused: Clarence S. Tears. Jr. and two vacancies. A quorum was announced as being present. Others Present: Denise Handapangoda, PhO., Judy Hushon, Susi Winchell, Patrick Vanasse, Jeff Mechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft. Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt. C. Adoption of the Agenda. Action: Ms. Deyo moved to adopt the Agenda. Mr. Crews seconded the motion and the Agenda was approved by unanimous vote. D. Approval of Minutes. November 19,2008 Action: Mr. Rice moved to approve the November 19, 2008 Minutes, Capt. Davis seconded the motion and the Minutes were approved by unanimous vote. E. Communications. - See Joint Meeting Minutes. F. Consent Agenda. Action: Mr. Crews made a motion to approve the Consent Agenda with the changes indicated, Mr. Estremera seconded the motion and the motion was passed by unanimous vote. G. Old Business. H. New Business. 1. Citizen Comments. J. Next Meeting Date. K. Adiournment. B. Action: Action: January 21,2008 at 8:30 A.M. This meeting was adjourned at 9:05 A.M. IMMOKALEE eRA Community Reclevelopment Agency iThe Pl'1ce to C'1Il Home! 161141/ Certification of Minutes Approval Form i, Executive D' or Community Redevelopment Agency Fred . , f., These Minutes for the December 17, 2008, CRA Advisory BoardlEZDAJIMPVC Meeting were approved by the CRA Advisory BoardlEZDAJIMPVC Committee on January 26, 2009, as presented. * The next joint Advisory Board/EZDAlIMPVC meeting will be held February 18, 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 annotIDced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Tumer 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 239-252-23 I3 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting, The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. IMMOKALEE eRA Community Reclevelopment Agency iThe P!'1ce to c'1ll Hamel 16 I 1 -4-t1.-- Certification of Minutes Approval Form i, Executive D' or Community Redevelopment Agency Fred These Minutes for the December 17,2008, CRA Advisory BoardlEZDAJIMPVC Meeting were approved by the CRA Advisory BoardlEZDAJIMPVC Committee on January 26, 2009, as presented. * The next joint Advisory Board/EZDAlIMPVC meeting will be held February 18, 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 annotIDced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Tumer Building (Building F), posted at the Innnokalee Public Library and provided to the County Public Information Department for distribution, Please call Christie Betancourt, Administrative Assistant, at 239-252-23 I3 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, bnt not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time, IMMOKAHE eRA COfJJmunity Reclevelopment Agency iThe P['1ce to c'1ll Hamel 16/1Asth MINUTES lmmokalee Local/Redevelopment Agency December 17,2008 A. Call to Order. The meeting was called to order by Fred N, Thomas, Jr. at 9:03 A.M. B. Roll Call and Announcement of a Ouorum, Advisory Board/EZDA Members Present: Fred N, Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow, Eva Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana Salazar, Advisory Board/EZDA Members Absent/Excused: Two vacancies. Action: A quorum was announced as being present, lmmokalee Master Plan and Visioning Committee Present: Fred N, Thomas, Jr., Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews, Rick Heers, and Rev. Jean Paul. IMPVC Members Absent/Excused: Clarence S, Tears, Jr. and two vacancies, Action: A quorum was announced as being present, Others Present: Denise Handapangoda, PhD" Judy Hushon, Susi Winchell, Patrick Vanasse, JeffMechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft, StatI: Penny Phillippi, Bradley Muckel and Christie Betancourt, C. Introductions, - See Joint Meeting Minutes, D. Adoption of Agenda, Action: Mr. Heers moved to adopt the Agenda, with the following changes, (1) item 0-3, was pulled of/the Agenda. (2) item 0-2 was pulled/or discussion and moved 1-4. Mr. Rice seconded the motion and the Agenda was adopted by unanimous vote, E, Approval of Minutes, November 19. 2008 Action.'Ms, Deyo moved to approve the November 19, 2008 Minutes, with changes as noted, Mr. Rice seconded the motion and the Minutes were approved by unanimous vote. F, Commtmications, See Joint Meeting Minutes, G. Consent Agenda Items, Action: AIr. Crews made a motion to approve the Consent Agenda with the changes indicated, Mr, Estremera seconded the motion and the motion was passed by unanimous vote. H, Old Business. I, County Code Enforcement Monthlv Highlights in lmmokalee. Kitchell Snow introduced Maria Rodriquez, one of the Code Enforcement Officers in lmmokalee, He reported that three units are under demolition and that Code Enforcement will not conduct a monthly sweep during December. L New Business I. Nominating Committee, Captain Davis announced that the nominating committee wished to nominate Fred N, Thomas, Jr. as Chair and Mr. Dick Rice as Vice-Chair for the upcoming year, Ms, Phillippi announced that an election will be held at the January meeting of the CRA and that the Chairman will accept nominations from the floor prior to the election, The annual election of officers will be held at the first meeting of the year scheduled for January 21, 2009. Executive Director's Evaluation, Mr. Thomas announced that each member of the CRA Advisory Committee had received by email and by hard copy the Executive Director's Self Evaluation and an Evaluation Form, He asked that CRA Advisory Board members complete the Evaluation Form by the end of the day and provide it to Ms, Phillippi, Downtown/Public Realm Plan, Ms, Phillippi announced that the Downtown/Public Realm Plan Change Order for R W A was approved by the BCC on Tuesday, December 16th, She announced that no Notice to Proceed was required but asked Mr. Vanasse to let Land Design Innovations know to get started, EDC Proiect Innovation Letter of Support and Endorsement Packet. Ms, Winchell provided those present with a brief explanation as to the purpose and goals of Project Innovation and requested that the CRA join as one of the Sponsors. Action: Mr, Estremera made a motion that the CRA support Project Innovation, join as a sponsor, and agree to be full participants in the program, Mr, Rice seconded the motion and the motion passed by unanimous vote. J, Citizen's Comments, K, Next Meeting Date. L. Adiournrnent: 1 fJdJ 11. It- t1--- 2, 3, 4, January 21, 2009 at 8:30 AM The meeting was adjourned at 9:30 AM 2 eRA Governinl! Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Frank Halas eRA Advisory Board ;!;. State Enternrise Zone Al!encv Board Fred N. Thomas, Jr. Chairman Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio Julio Estremera KitcheI1 Snow Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo "laster Plan & Visioninl! Committee Fred N. Thomas, Jr Chairman Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews Estil Null Rick Heers Dick Rice CRA Staff Penny Phillippi Executive Director 239.252.23 I 0 Bradley Muckel Project Manager 239.252.5549 Christie Betancourt Administrative Assistant 2392522313 RECEIVED !MMOl'.AlEIE C~ JAN 2 9 2~ommunity Redevelopment Agency fcoun~comm"sioncr.iThe P[qce to eqll Hamel Board 0 'I H_' :fi'A,J Coyle Coletta ~/ ,/ FIala Halas JOINT MEETING AGENDA Immokalee Master Plan and Visioning Committee And Community Redevelopment Agency Advisory Committee 16/1 AI~ January 26, 2009- 8:30 A,M, Career and Service Center of Collier County-Immokalee 750 South 5th Street, Immokalee, Florida, 34142 A, B, C. D, E, F, Call to Order. Roll Call and Announcement of a Quorum, Introductions, Adoption of Agenda, Communications. 1, January Public Notice (Enclosure 1) 2, Revised LDC Amendment, RW A (Enclosure 2) Consent Agenda, I. Approval of Minutes, a, Regular Meeting December 17, 2008 (Enclosure 3) 2, Seats on the IMPYC a, One applicant - Pam Brown (Enclosure 4) Old Business, I, Red.Flag System - Open for Discussion a, Dr. Handapangoda written request for Fal'ade Program waiver (Enclosure 5) Dr. Handapangoda Fal'ade Program application (Enclosure 6) 2, Discussion of Annual Report Workshop, Friday, 1/16/09, BCC Chambers a, Update on Immokalee Area Master Plan Review Process New Business, 1, Streets and Drainage Sub-Committee Report a, Guardian Community Resource Management, Inc, Task Order (Enclosure 7) Citizen Comments, Next Meeting Date, Regular Meeting February 18, 2009 at 8:30 AM Adioumment. G, H, I. J, K, !, 'OC Corres: Date O?J l DID 9 I \^ tern #j \QrL\/-=:Il~ , t.i\i4;M()~\.U eRA Community Reclevelopment Agency iThe P['1ce to C'1!1 Home' Enclosure 3 16 J 1 A J~ JOINT MEETING MINUTES lmmokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee December 17,2008 A. Call to Order. The meeting was called to order by Fred N, Thomas, Jr. at 8:45 A.M. B, Roll Call and Announcement of a Ouorum, Advisory Board/EZDA Members Present: Fred N, Thomas, Jr., Richard Rice, Captain Tom Davis, Julio Estremera, Kitchell Snow, Eva Deyo, Floyd Crews, Richard Heers, Bernardo Barnhart, Robert Halman, and Ana Salazar. Advisory Board/EZDA Members Absent/Excused: Two vacancies, Action: A quorum was announced as being present, lmmokalee Master Plan and Visioning Committee Present: Fred N, Thomas, Jr" Edward (Ski) Olesky, Carrie Williams, Richard Rice, Floyd Crews, Rick Heers, and Rev, Jean Paul. IMPVC Members Absent/Excused: Clarence S. Tears, Jr, and two vacancies. Action: A quorum was announced as being present, Others Present: Denise Handapangoda, PhD., Judy Hushon, Susi Winchell, Patrick Vanasse, Jeff Mechlin, Maria Rodriquez, Michael Talundo, and Mitch Hutchcraft, Staff: Penny Phillippi, Bradley Muckel and Christie Betancourt, C. Introductions, Each person introduced themselves, D, Adoption of Agenda. Action: The Agenda was adopted with one change (Items If 1, a. & b.) ajier a motion by Mr, Crews and a second by Mr. Rice, E. Approval of Minutes, November 19,2008. Action: Both set of Minutes approved unanimously upon a motion by Mr, Rice and a second by Ms, Williams. F, Communications. The Executive Director offered the new Noise Ordinance for inclusion. Mr. Snow stated that he would like to like to present the Ordinance at the January 2009 Meeting, G, Consent Agenda, Action: Mr. Heers offered a motion to approve the Consent items, the RWA Monthly Report and Invoice, Mr. Rice seconded the motion and the Consent items were approved by unanimous vote. H. Old Business, \, Update on lmmokalee Area Master Plan Review Process/LDC Update Process, Ms, Phillippi asked Mr, Vanasse to provide and update on the Master Plan, He reported that the Draft Master Plan was submitted to the Collier County Comprehensive Planning Department, along with the $19,000 fee, for review as a Comprehensive Plan Amendment. He also reported that the staff at the Planning Otftce stated that it may not be completed until the fall of201O, 1611 A~ Red Flag Svstem - Open for Discussion. Dr. Handapangoda requested that she be added to the January Agenda in order to provide a written request for a waiver toward the application for a Commercial Fayade Program Grant and to garner the support of the CRA Advisory Board and the 1MPVC. New Business, I. Seats on the 1MPVC a, Mr. Thomas announced that the IMPVC still has two vacant seats that need to be filled, The Executive Director offered the application of Estril Null for consideration and recommendation to the CRA Board for one of the vacant seats on the 1MPVC. Action: Mr, Crews made a motion that Estril Null be accepted as a member of the IMPVC and a recommendation sent to the CRA BoardjiJr their approval. Mr, Rice seconded the motion and it was passed by unanimous vote. 1. Citizen Comments, J, Next Meeting Date, K, Adjournment. 2, 1. b, January 21,2009 at 8:30 A,M, This meeting was adjourned at 9:00 A.M 2 IMMOKALEE eRA Community Redevelopment Agency i The Plqce to cqll Hamel 16 I 1 .A " eRA Governiue Board MEMORANDUM Commissioner Tom Henning Commissioner Donna Fiala DATE: January 26, 2009 Commissioner Fred W. Coyle FROM: Sue Filson, Executive Manager, BCC :/~.r\/~ Christie Betancourt, Administrative Assistant (. IV! (;t,/...l lmmokalee Commtmity Redevelopment A~C ~. " \;~ Agendas, Minutes, and Signed Approval ,______ Commissioner James N. Coletta TO: Commissioner Frank Halas RE: eRA Advisor\' Board & State EnterDrise Zone Al!encv Board Fred N. Thomas, Jr. Chairman Attached are the Agendas, Minutes, and Signed Approval from December 17, 2008 for your conveyance. Ana Salazar Bernardo Barnhart Eva Deyo Floyd Crews Kitchell Snow James Wall Julio Estrerncra Richard (Dick) Rice Richard (Rick) Heers Capt. Tom Davis Robert Halman (Ex Officio) Thank you. Master Plan & Visioninf! Committet Fred N. Thomas Jr. Chainnan Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul Carrie Williams Floyd Crews Richard (Rick) Heers Richard (Dick) Rice Estil Null eRA Staff Penny Phillippi Executive Director Bradley Muckel Project Manager Christie Betancourt Administrative Assistant Immok4lee Community Redevelopment Agency 310 AI.chu. Street, Immok4lee, FL 34142 2392522313'" 239.252,6725 (FAX) IMMOKALEE eRA Community Reclevelopment Agency iThe pl<\ce to c'1ll Hamel 16 I 1 A 15 Certification of Minutes Approval Form i, Executive D' or Commtmity Redevelopment Agency -~ppro~~ ~~~I:;~;:~~ These Minutes for the December 17, 2008, CRA Advisory BoardlEZDAJIMPVC Meeting were approved by the CRA Advisory BoardfEZDAJIMPVC Committee on January 26, 2009, as presented. * The next joint Advisory BoardlEZDA/IMPVC meeting will be held February 18, 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 annotmced in advance of such meetings. All meetings will be publicly noticed in the W, Harmon Tumer 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, lmmokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier County Housing Authority; etc, In this regard, matters coming before the IMPV C and the Advisory Board may come before one or more of the referenced Board and Committees from time to time, RECEIVED FEB 0 2 2009 BUDGET COMMITIEE OF TIlE :loard of County CommissiMl!ll;,ICAN BAY SERVICES DIVISION MINUTES - NOVEMBER 6, 2008 Naples, Florida LET IT BE KNOWN. that the Collier County Pelican Committee. in and for thc County of Collier, having conducted business herein. REGULAR SESSION at thc Hammock Oak Center. 8%0 Hammock Oak following members present: Michacl Le\.y, Co-Chairman John laizzo Jolm Boland Jcrry Moffatt, Co-Chairman GeoffGibson 1611t114~ Fiala Halas Henning Coyle Coletta 3t - Bay Services Division Budgct met on this date at I:()() p,m. in Drive, Naples, Florida with the Also present: Jolm PettY, Division Administrator, District Offices, LLC; Janice Lamed District Offices, LLC: Kyle Lukasz, Field Opemtions Managcr, Pelican Bay Services Division; Mary Anne Womble, Chairwoman Pelican Bay Services Division; and Mary McCaughtty, Recording Secretary, Pclican Bay Services Division. AGENDA I. Roll Call 2, Audicnce Participation 3. Unaudited Results of FY 2008 - Income and Expenses 4, Capital Funds Carry-Overs Amount Exclusive to Pelican Bay Restrictions and/or Designations Use for 20 I 0 Budget 5. Funding of Clam Bay Maintcnance FY 2009 6. Indirect Cosl Reimbursements How DetenuincdlTo Whom/For What Services 7. Rcservcs Amount Restrictions and/or Designations Use for 2010 Budgct 8. Transfers from III and 195 How Detcrmined and From Where Restrictions on Use 9. Payments to Property Appmiser & Tax Collector How DctermincdlFor What Purposes 10. Budgct Calendar II. Audiencc Comments 12. Adjourn ROLLCALL MR. LEVY: Call the meeting to order and Mary. roll call, please. MS, McCAUGHTRY: Certainly, Let the record reflect UllIt all members of Ihc budgct conuuillec arc in attendance today. MR. LEVY: l1lll11k you, We have nobody in the audicnce. so wc can move on. 791 Misc. Corres: DateD.; D 0 item #J,lo l_L\ Lf-o--- ',:oPles (0 Budget Committee Meeting November 6. 2008 1611 A:;~o. MR BOLAND: Y"" I had one thing, On these dates, Jolm, I had to make a lot of 3(ljusbnents 10 gel this going, We always had this, if! recall, the third Wednesday or Tuesday of the I1lOIlth, and the reason behind it was we had thc board meeting the first Wednesday, and if any scenarios collie up where we needed any kind of iudicalive infonnation there was time to give you to accrue it, you know, rather than the llCA1 day. So I know this is the first meeting, I don't have a problem, But going fornard how arc we going to set dates? Arc wc going to go back to the old schedulc, or what arc wc going to do is just my qllCStion? MR PETIY: Mr, Chainuau, if! may, both your co-cbairs have asked for a budget calcudar. You may recall we had oue last year. [t ran askew of the calClldar because we had a death on tlte board. And we made up for it, and we did a good job by the end of the year. But the inteution is that today's mreting be a forma1ive mreting where thooe discussions and that fonna/ of what kind of calcndar you'd like to sec. what time the county calcudar will come out. which gives us our tight schedule come summer, and thooe types of things we can go through today, But, typically, we wooId meet once a mooth dependent on the sitnation, We can skip December, for example, if it got too busy because of the holidays, but this is all up to this committee's intentions. MR LEVY: John. are yoo talking about the space between the full meeting and the budget meeting? MR, BOLAND: Yes, the space between them MR PETIY: Oh, I tllOUgbt that question was about,., MR, BOLAND: I'm not talking about the budget John. We used to meet last year, I think it was on a Tuesday or a Wednesday, I forget which day, but it then gave you the time, that two-week overlaP, so if you had to get any necessary information you had the time to corne up with i~ I think that was the rntionaIe behind it MR. LEVY: He's saying the agenda can ". MR. BOLAND: We always, MR LEVY: And the agenda can reflect . MR BOLAND: Right. I'm not talking about MR PETIY: 011, I apologize. I misunderstood, MR, BOLAND: Okay. MR PETIY: The staff is fuirly flexible here, We appreciate your consideration for the timing issue, but I can tell you that in past meetings we have had these tllings on the same day as tlle meeting on occasion, so if s basically, well let's makes sure we can meet your schedules first, MR. BOLAND: Yes, 792 Budget Committee Meeting November 6. 2008 16114 I LJ- q . , MR PETIY: And then we'll worry about slafI', MR BOLAND: Okay, Okay, I may have to leave early; that's all. I just wanted to let you know, MR. PETIY: I may have 10 leave early as well, MR. BOLAND: Okay, MR. PETrY: I have to leave here at !hrcc for a meeting at the County, MR BOLAND: lbat's okay MR PETrY: But we should be done by !hen. MR IAIZO: I hope so, UNAUDITED RESULTS FY 2008 -INCOME AND EXPENSES MR LEVY: The next item is umudited results of fiscal year 2008 income and expenses. And I tbink the reason that agenda item WdS put there was because this budget was prepared based OIl income and expenditure data for May or June. MR PETIY: And projections thereafter, MR, LEVY: And projeclious thereafter. MR. PETrY: Yes, sir. MR. LEVY: And I guess the question is, now that we have UIIlIUditcd actuaI numbers lhrough September, are any of the projections in here out of wh2ck, so to speak? Are there a<\justments? MR. PETTY: It is time to update. The cbair is absolutely on track. We have a call into the County Budget Office and Accounting to find out what their schedule is. As I explained at yesterday's meeting, we are in what they call a soft-dose position. lbat's how the County likes to refer to it and that's a fuirly general accepIed lenD with government, They're still paying invoices in last year. What they have told us is they expect to have the UIl3Udited closed in-house number within two weeks, which means by our next budget meeting we shouId have those numbers for you. It will not be what they call the bank:kJse, wbicb they don't provide until January, But that's our best number, and we will U]JdaIe you as soon as we get that information in, and we expect it in a week or two, MR. LEVY: So thai would be al our next meeting. MR. PETrY: Yes, sir, that's what wejust beard back from \hem today, We had the question in. MR LEVY: On this report here, I don't know if this would be the time to talk about the format of this report or not? MR. PETrY: Absolutely, I can give you status on that if you'd like. 793 Budget Committee Meeting November 6. 2008 1611 ft/Ltq MR LEVY: I mean. the only thing I find a lil1le helpful is if there wouId be a subkJIaI on this report that would tie in with what the.., MR IAIZZO: Line items are, right MR, LEVY: .., What the budget is, So there's a sublolal that shows revenue of three million eight thirty-six hundred and expenses of three million eight thirty. And then if you want other items below thaI. you knnw, additional items that you fed shnuId be on there, put those on, but so thaI. you know, we aIw3ys hm'e a piece of paper, which if this is the pIan, so to speak that says that and, also. the budget totals to the same budget that's here, and then you can add more items below that MR. IAIZZO: Can I refer back to what Jean Smith used to put llUl was a monthly aa:ounting of the line i~ the actual costs that we know and see on this budget There's a line item that shows you how much was expended on that particular line item and how much money remained on that particular line item so you cooId see it on a monthly basis. And she would issue a pocIc:,ge so thick (indicating) that broke down and gave the accountability of each dollar diminishing per line i1em as the months progressed, And that would be nice to go back to, if it's ~, MR LEVY: I think we got those great big packages, and I don' beIieve anybody got any use out of them because there was nothing alone that said how it showed the )lCJ<EIlt'lgf'" to date, but you there was no way io say wheiher it was over budget or under budget, And that, I think, is what they by to do bere to put it fOIWaId on a single sheet And then John would be prepared if there were to discuss the backup, so to speak. It's VCI)' impoItant. It's a huge report. I don't rccaIl any dis<>,...;n".. at all, MR IAIZZO: No, it wasn't. Well, nobody really paid mind to it, but I always did, and I always found it worthwhile, It was not a large report. It was large mnnbers. I mean, the nwnbers were huge, so you had a lot of pages, It is possibly more than you wOldd get on this size font, but the information was p1entifid, And the only thing that was miSliing on that was the visibility and accountability, meaning I don' have any visibility on any particular line item or acrountability to who is it going to, but at least I know a line item dollar cost as we progress tbrough the fiscal year, That wouId be a nice thing to go back to as a start, but I'JIIet ii go at that. MR. LEVY: Well this was the thing that 'Ire evolved to. This is what we asked fur Jao;t year. We had the other fur a year or two, and as :fur as I know, it wasn' being used by anybody else, MR IAIZZO: Well, people didn'i question il. didn'i ask, MR LEVY: And this is what we went with while Mr, Bramson was slill chairing this connnittee, And everybody, I thought, thought this was more useful, 794 Budget Committee Meeting November 6. 2008 16/1A--14q MR. PETrY: Mr_ ChaInnan, I think tlte histOl)' is that wbat you've bolb said is correct, Jean did give this vel)' volmninous report, and it did not bave the status of wltether or not you were over or under budget. What it also didn'l have WdS a lot of lite carry-forwards from prior yeaIS, reserves MR. IAIZZO: Well, you can add things like that to it MR. PETrY: And what wc bad was about $3 million that wasn't being sltown, Wc carry forward a considerable amount of money, as the new report shows_ We have three or bad three and a half months reren'Cd each and every year that we carry forward. We have project carry-forwards, We bave unrestricted carry-forwards, wbicb basically is the money we've saved from not spending in tile prior years, Well, none of that bad been reported, SO tbat money was basically off tile table. The other item was the line-item-,style budget, As we discussed last year. there is no Jine-.item restriction. per so, The fund is what cannot be overspent. So if rm in Fund 102, 110, 114, wbatever tile mnnber is and tho!;e numiJeIs are....;g,m to water management, beautification, streetligbts you can't overspend in that amount of money, So tracking line item for offire supplies versus telephone expense versus electric may have been drilling a little bit deeper than wbat was """"""'"Y because we shifted monies within a fund to meet whatever was going on that year, And as we all just experienced as gas prices spiked up tremendously last year. bad we been beld by line item, we would have bad to come to you fur SC\'Cf3I budget 3"",ndment. in tltal regard. So that is not a restriction currently on staff or within the County strocture, and that's kind of wby we wenl to this single page, because of what could we see quickly witllout spending too much time, And it was red llagtgrecn Ilag, And we asked the budget committee to look at it; coosidcr it; VOO; on it; and then it was approved. Certainly we can change there was no long Ierm there, but that's why we did it, if that all makes sense. MR MOFFA IT: John, can J ask yoo a cwpIe of questions" The detail report that JoIm is looking fur, how mncb staff time does it take to prepare that each montb? MR, PETIT: I can't tell you how many minutes it is, The report was basically a SAP kick:-<JOt report, if I remember, whicb is basically what was expended, so I don't think it takes a great deal of time, If yoo'd like to have both, I think we can do bolb. MR. MOFFA IT: All rigbt if it doesn't lake a lot of time, then wby don't we do both? Those who want to look at tile detail will have it, and tho!;e woo want to look at the SUIDIIl3I)' can look at that and make some decisions, Let me ask you a question, I've seen that report, but I don't know where I saw it or where it is. Where is that? MR. IAIZZO: This was in yesterday's package_ 795 Budget Committee Meeting November 6. 2008 16 I 1 14- !'1q MR, LEVY: It probably came from the Ijrst meeting. MR IAIZZO: Yesterday's package. . MR, PETIY: The thing you're... MR LEVY: The first IIlU."'ting you attended, Yestcrday we didn' get anothcr copy. MR., PETIY: Typically, in October wc do not kick out that one. MR. LEVY: The meeting before wc probably did get this. MR PETTY: Oh, yes. MR LEVY: And that's where you saw it. MR, MOFFATT: Okay MR., PETIY: It's produced by staf[ It was prepared by staff based on the comments of this COIIIIIlillee last year and approved by this committee last year, but giving both is certainly something we can do. Would you like that for the budget review committee'! MR., LEVY: Why don't we try that. MR. PETIY: All right, MR LEVY: And do both, and then aftcra month or two wecan." MR. PETIY: See where wc want \0 go from \here? MR. LEVY: And then if we've got enough new people here we can see whether we still want to continue doing both, , , MR PETIY: Absolutely. MR LEVY: ...ornot, as long as it's not taking a 101 ofextra time to do that. MR., PETIY: I don't think it's that much time since it is a standard report out of SAP. MR LEVY: Okay. MR PETIY: I think Jean bad been doing some modification to try and mold it into something it wasn't supposed to be, but I think Mr, laizzo raises a good point, He was used to looking to the standanI report. MR LEVY: Okay, MR MOFFATT: JoIm, can I ask you another queslion? YOIl said as long as we slay within the fund we have no restrictions; it doesn' mattcr what line item. What if we gel to a point where we can' stay within the budgeted fund? Can we make a budget amendment throughout \he year to change that? 796 Budget Committee Meeting November 6. 2008 16'1 fttLt., MR PETTY: lbat's it exactly, sir. MR MOFFATT: Obviously, we can't gel any more revenue on Ihat tiling, MR PETTY: We can't make the budget amendment per so, but we would vote on it and lI\en recommend it to tile County Commissioners sincc they're the only ones that cooId. We'd have to take that back to the County Conunissioners for approval, If wc stay within our budget and our funds, wc don't have to go back. for approval. MR MOFFATT: Right. I understand that if we ha\'e reserve funds and ClIll)'-forwanls, which 1'1 let )'ou explain to me in a little while, that we would also have revenue offset. If we're going to over eXll"nd our budget, we would have some funds we could draw upon: is Ihat correct? If I'm making a mistake, well fro asking the question. MR PETTY: We don't have a bank willing to allow us to write checks without funds, so we do have to go to reserves or some type of dedicated revenue somoe, Typically, the way it wooId work is yw wooId 1aIre money from one fund and give it to another that needed it, and Ihat would be your budget amendment, You wooId be taking from, let's say, water management and putting inlD beautification, MR MOFFATT: Okay. MR PETTY: 11131 would be the example, MR, LEVY: What about taking out ofthc carry-forwards? MR PETTY: 011, carry-fOIWards arc wcll within your means to utilize, MR LEVY: Okay. MR PETTY: Okay. Any unrestricted carry-forwanls, which are all that's available to you because if they're restricted they're already spent, basically, but any unreslricled cany-forwanls are pm1 of your bud gel, ... you are not ex<:wding your budget by havingthaL. MR. IAIZZO: Yes, Can I ,., MR PETTY: ..,unless yoo're transferrmg from a fund Ihat bas some mOlley 1D a fund that doesn't have any mOI1<0.. Then, again, you'd have to do Ihat budget amendment, !'vIR IAIZZO: I'd like 1D follow up on .leny's point. If we have a nmuber of funds l\ere, as yoo could see, and anyone of these line items, take our water quality testing >>ell, there's nothing there, but if you took an item that goes across all the funds, those monies can be shifted within that calcgol)', Wc can shift the monies this way, but we can't go from, let's say, administration 1D field, We cannot move monies Ihat way unless we ha\'e a speciaJ- what's the WOld we use when you move monies? 797 Budget Committee Meeting November 6. 2008 16/1fH~~ MR. PETTY: Within a fund we can go from administrator to field, MR.,IAJZW: You can go within a field You can pul in the paperwod< and move monies actuaIly oulSidc oCone area into another area, bul across the board we call move lire monies. Do you wdill 10 get illlo tha. and maybe explain lbal a little bii better'.' MR, PETTY: Mr, Iaizzo, within beautification, for cxample, we have administrative, field, and capital, MR. IAIZZO: Yes. that's it. MR. PETTY: Now, we can move funds between administrative, field and capital, They can go back and forth without having to do anY paperwOlk MR. IAIZZO: No paperwOIk? MR. PETTY: No, sir, It is when they go from beautification to, like, streetIigbts; that's where fm required", MR. IAIZW: All right. So you're going outside of your fund; you need paperwork, MR, PETTY: Yes and that is the budget.,amentl""'Jlt process that we were taJkjng that we would have to go before the commissioners for approval on, Bul we would need this board to recommend il and the full board 10 adopl it. MR. IAIZW: Okay, CAPITL FUNDS CARRY OVER MR. LEVY: The next item is carry-<>vcrs, It says capital hcn:;, I don~ know I think it's carry-<>vcrs in gcneral. Is that cor=!, JCIT)'? MR. MOFFATI: Yes. MR PETTY: Mr. Chairman, if I conld, this is sornefhing we laIked a great deal aboot 1351 year 10 by and get a handle on it. The County looks at carry-forward one way, Pelican Bay Services Division had looked at carry-forward a little bit differently. and private business looks at it a third way. We tried to break: il down in your moothIy reports into an understandable ooncept. First and foremost is your cash flow carry-forward, the very first item on that blue presentation page, and your cash flow is what you approved last year a thJre.month money supply. Basically, you taIre your operating client 3CtXJUDt, and you give it three months' worth of funds. TIlat's because we get our money sometime after December 15th. MR. MOFF ATI: How much does lbal ammmt to? MR. PETIY: Ob, it's a ton. Three and a half months with six hundred and furty something thousand and three months, which is in the currcnt year budgel is four Inmdrcd and something thousand. So when yoo look at cash llow yoo look at how much 798 Budget Committee Meeting November 6. 2008 16 I 1/dD.ct. you're trying to fund. And in this next blue presentation that yon're going to get yon're going to see fonr Imndred and some odd thousand dollars, I do believe, but Janice, wllo does run tile numbers for me, says it's lIig\Jer tllaII tlla!. Expect somewllere in the fives then. Six? MS, LARNED: It's going to be about eiglltecn or twenty., MR. PETrY: Stop, MS. LARNED: .. . across all the fimds. MR, PETrY: 011, I'm just thinking of the beautification, But the numbers are, supposed to change. From wllat we budgeted last year of$983,OOO, it sllonld be less ~ one-scveuth, Thall go! right because we wenllium three and a half months to three. Tile next line item that yon see is called a carry-furward. Last year it was at a million dollars, That carry-forward is unrestricted fimds that yoo are carrying furwanI ftom efficiencies ftom prioryears. This is where yoo saved money or yoo cancelled projects and other sucll cost-saving measures ftom previous years' budgets, MR. WZZO: Funds unspent. MR. PETrY: And can be spent again. They are not restricted. They are unrestricted fimds, MR. WZZO: But we can place tllCIll in any line item we'd like, or what do yoo do with Ibis cash flow carry-forward? MR. PETrY: That unrestricted carry-forward is carried fornard on a fund basis, so anything within that fund.. MR. IAZZO: Stays in thc fund? MR. PETrY: Yes, sir. MR. IAZZO: Okay. MR PETrY: Unless yon do, again,.. MR. WZZO: And we can move it to any line item we'd like", MR. PETrY: Yes, sir. MR. wzzo: ... in that fund'! MR. PETrY: Yes, sir, MR. IAIZZO: Okay, MR. PETrY: Now, before slaffv.ill spend that money, wev.ill oometoyon for "JIJIID'im becauseyoo have not approve<! that expenditure, In thc budget that we asked yoo to aJlJlro,,:, that money is not considered spent by this stall; so if this staff needs access to unrestricted fund ha13""'" we will come before this board befure we spend that money. We are not allowed 10 spend that 799 Budget Committee Meeting November 6. 2008 1611A-I~q money WIthout coming befure the board and asking permission. MR IAIZZO: John, here it says carry-forward, and you're sbowing dollan;, bull don'l know wbal flmd il goes 10 or where it came from. MR, PETrY; No, you dou~, Wc don~ break it down by fund. MR, IAIZZO: Wouldn'l it be nice to know? MR PETTY; I baven~ discussed it in the past. I don~ know if it wonId or wouldn~. MR LEVY: It's just Iikc the assessment. TItat's part of Ille revenue, am I correct? MR PETrY ; Yes, sir. And tile assessment is also divvied up amongst the fimds by pen:enlages. MR. LEVY: This shows. on page 2, carry-forwanI fur '08 of$745,OOO, How does that link 10 the No.5? MR PETTY; One of the reasons wily we did it this way is because the diIJereoce hemren bow we did it in this budget and bow the County looks at it in their budget and because there are carry-forwards from other areas from other prior years lbat may not Itave been m there, we tried to balance it this way, and this was a better '''I''<OWIdtion, So wily is there a difference? I'd bave 10 go back and look al why the calculations are differenl. I know we talked aboul it last year as well. MR. LEVY: Okay, MR PETTY; But I can tell you that the numher did balance out. MR. LEVY: I think iliat's one of the reasons wily I was asking rOT the subtotal, You know wbat I mean? Because I think wbat bappened is we start with the budget, and then you come up with a tolally different budget here, and that's wh)' r asked that this slleet and then this sl1eet '" MR. PETTY; Yes, sir, And as you recaIll think Janice prepped something furyou, but we never got around 10 adopting it. MR. LEVY: But I think then it wonId he ~ to track that way, and If you Itave another carry-furward below we could see iI's an additional number plus or minus and there would he a reason for il. MR. PETTY; I urulersIand. MR LEVY; Yes, MR. MOFFA TI; Jolm, wily do we say th.."lc's a diffcrencc between I-.ow we lock at it and how the County looks at it? WI1y wonIdn~ we look at it the way the County looks at it since we're part of the COWI1)n MR PETTY: It would make our meetings go a lot laster if we oould see eye 10 eye with the County on a lot of issues. 800 Budget Committee Meeting November 6. 2008 16 I 1 fHL{ '1 How they bandle the money is not one that we've been able to adopt There's been a long bistory in Pelican Bay of taking how the County looks at monies and converting it into more of a ~yle approacll, which seems to be favored by the residents of Pelican Bay over how the County groups thillgs together. There's IIllihing wrong wililthe way the Coonty does it MR. MOFFATT: Are you just talking presentation, or are you talking actually determination of the amount? MR. PETrY: No, the presentation, MR. MOFFATT: The presentation is... MR, PETrY: It's presentation, what dollar goes into wIl3t pot, For examplc, we break our carry-forward into three separnte pots; they have one. MR. MOFFATT: Okay, But it's the same amount, If you add ourtbree together. it's the same as their one? MR. PETrY: We're within a tigb! toIecmce., yes, sir, At the end of the day, we do have to do a little bit of pushing real hard to get that last guy 011 the bus, but, yes, sir, they balance, MR. MOFFATT: Okay, MR. PETrY: So it is in presenlalion. And some people are used to seeing more definition to an item called carry-forwatd particularly in this case where il represents, ob, about two and a ball' million dolIars lH.Iast yeaTs budget MR. LEVY: John, on the capilal funds carry-forwatd, is that broken out here somewhere or that's the item on the agenda here? MR. PETrY: No, sir, I don' know that Kyle was able to do that on a department.br-depmtment basis. Did you project that out in the budget? MR. LUKASZ: No. MR LEVY: Well. ifwe have capital money left over from prior years., MR. PETrY: Well, that's how come that siIIy inigatiOll syslem keeps coming up and how we keep paying for it is because that project was approved five years ago and we're still under COIlStntction. MR. LEVY: Right MR. PETrY: Hopefully this is the last year well ever hear of the inigation improvement system. MR. LEVY: But over and above that we've got the east..,f-berm pfQject. MR. PETrY: Yes, sir. MR LEVY: Wc'vc got funds wc didn't completely spend our capital budget for last year. 801 Budget Committee Meeting November 6. 2008 16 1 1 A-Itt'\ MR PElTY: Oh, yes, sir, absolutely, You'rcnght. MR LEVY: We didn't? MR PETrY: Oh, no, Y os, you're correcl, I'm saying I'm agreeiog willI you. MR LEVY: So I guess the question is, wbat have we gotlell over in capital? And is that safe? I mean, is that Pclican Bay's money as opposed to bciog used elscwhcre'! MR PETrY: That qncstion when asked is always going to be answered ",. me, and absolutely it is your money, Now, that being said, there's the issue with Clam Bay coming up, and there arc funds in the Clam Bay maintenance or capital acrount of PBSD that came fiom Fund III of the ('~. It is expected that those fimds will come out of our budget and iuto the new group's budget, We arc very watchful of any of our assessment money following that path. We would consider that intolcrable. MR LEVY: Arc you talking about the fiscaI '09 money? MR PETrY: Or any of the reserve fiom '08 and '01, lfyou recall, last year's Clam Bay budget bad a carry-forward of several bundred thousand dollaIs. and we asked you-all if you wanted 10 use that instead of assessments, but because there was so much still unknown about Clam Bay il was thought best to leave il as a Pf<!iect reserve, the project being Clam Bay. So we have a very strong reserve in Clam Bay, and the concern there is thai this repm;enls Pelican Bay assessmenl money, and 10 thaI degree that money should return to Pelican Bay, FW1d III is something thai is ~ 10 your discussions, and it is something we'll have to prOOably touch on over the next several months. MR LEVY: Well, ifwe under spent by a lot last year, how do they know which was Pelican Bay assessment money and which was Fund I t I money? MR, PETrY: By tbe peroentages MR. LEVY: Oh, so it's a percentage that you.. MR PETrY: That's how normally it would be reviewed Since it is spent witbont ~ 10 its souroe, the assumption would be il was on a percentage, So if we were fimding at 30 percenl it would be assumed that the percentage of the reserve would be 30 percent. MR, LEVY: So it's noljust the '09, l>21I.000 or whatever. MR PETrY: No, sir, there were funds fiom prior years as well, MR. LEVY: Prior years. MR PETrY: So you would have to do a IittIc bit of a lengthy caIcuIalion 10 go backwards in time, but to gel the 802 Bndget Committee Meeting November 6. 2008 161 lA~~A: percentage right for each year, but that's well WIthin the abilily of the County and your on-site staff, so I don~ think that's going to be a problem. But it is something tllat I can tell you that we are aware that we llave to do, and we need to keep you guys in tlle loop on how t1lat's progressing, MR MOFFA IT: Are we only talking capital funds~ MR PETIY: Wcll, Clam Bay was set up as a capital fimd. It actua\Iy is a maintenance fund as well, but at the County level we never broke it out of the capital desigll- So it is still considered capital, and in a way that keeps the fflOlIe.\' fixed there, so that's not a bad deal for us. MR MOFFA IT: So in here we don~ have a breakdown of the capital cany-forwards MR PETIY: On the blue sheet you do. In the budgctyou may not have,., MR MOFF AIT: By project MR PETIY: By project on the blue sbeet you have it on the ""'Y bottom under, We expense it on the bottom, and we list it on the top, We list it on the top under the thinlline saying cany-furward projects. MR MOFFAIT: Okay, MR PETIY: And then down at the bollom where we say reserves, parentlICSeS, Jlll!iecIs, we try and identilY them as big capital projects by name; east of berm; we have an equipment reseIVC; and thaI ever-fumous Phase 6 irrigation, Now, there's a new one to be added this year, which is, of course, the Clam Bay one, because it now has =hcd a level where it should be defined since we have severnl hundred thousand coming in from last J'CaJ', Did I do that right Janice? MS. LARNED: Correct. FUNDING OF CLAM BAY MAINTENANCE FY 2009 MR, BOLAND: John. on this Clam Bay issue, we are going to keep budgeting it under the Pelican Bay Service Division until, you know, or is that still up in the air? MR PETIY: Mr. Chairman, ifl may, MR LEVY: Yes. please, MR, PETIY: The direction we got fiODl tlle board WOdS that we will ll13ke sure the IIlangroves are taken care of regardless of the transition time. MR BOLAND: Right. MR PETIY: Now, I assume at some point somcbody's going to ask the question of when are they going to do this, 803 Budget Committee Meeting November 6. 2008 1611A~~., MR BOLAND: Ycs, MR PETrY: And thc last I heard from the assistant Counly Manager, Leo Ochs, was that he expcc1ed to hear something in the January, February timc frdlne, MR BOLAND: Of next year? MRPETrY: Of 2009. MR BOLAND: Oka)'. MR PETrY: And as you-aIl know the committee has not yet met as a formal body yet. They have a lot of tlrings to consider. They are only an advisory group, They can only advise to the commissioners. And then we're looking for commissioner action, So if it happens in February I think that's vCIy timely, I actuaIIy expect that it will go past. MR BOLAND: So we should ptOOably budget going out fornatd 'iiI June, and we can always transfer it back, MR PETrY: Well, we have it inourbndget for the full year, MR BOLAND: Yes. we have until, what, next.., MR, PETrY: Until October. MR BOLAND: Okay, MR. PETrY: October I. We can go through September 30th. MR BOLAND: Go through Kyle, in other words, MR PETrY: Kyle and Mary handle the purchase orders for the Counly, and the Counly typicallJ' kicks out a six-month purchase order at a time which is why Tim Hall of Turrell, Hall & Associates is good under that contract through February. After that we wonId have to put oul another PO for another time period befure we cooId honor it, And the OHmty's procedures on purchasing are extremely strict so we'll probably be coming back to you maybe even as early as your December meeting asking for direction because we want to get in line. Their procedures are strict enough that we want a little 1Jeads.up, at least 30 days, MR BOLAND: Thank you, MR MOFFATT: Go ahead. MR IAIZZO: I have some fresh ideas 011 Clam Bay also, We're commitled this year with Clam Bay and the monies are U,ere, When does the County actuaIIy take over the main"'"""",, of Clam Bay monelariJy-wise and physically-wise? MR PETTY: That's part of that trnnsition that I was referring to, They don't know how they're going to be funded yet. They haven't sat down and listened to. .. 804 Budget Committee Meeting N o"ember 6. 200li 16/1 A-!'~q MR IAIZW: Will the Fund III continue coming our way, and then we JUSt throw it back into the Clam Bay? MR PETrY: Probably not. MR IAIZW: There's 110 sense in bringing it inlbc house and then shipping it out again, so III will dry up. MR PETrY: Probably, We exJl"C! it to, MR, IAIZZO: And what is it? The TOC also will dry up on us, MR PETrY: Well, you may recaIJ we told them the TOe is not supposed to be in there. MR lAIZZO: The tourist development? MR PETrY: It's not SlIJlPll""d to be in there. When we did tbe budget, we removed that because that money is highly restricted. and all we could do is get in trotJbIe by spending it. We only have one place that we can spend it. and that's in dredging or in the engineering wOlk for dredging, So last year we weren't able to touch it because we didn't do any of that. This year we don't plan on having anything to do with dIedging, so we can't spend it. So it's JUSt money sitting in our account that can cause us great angst. MR IAIZW: But doesn't that go back to tile County if we don't spend it? MR PETrY: It better. It better not be in my reserves anyplace, It's not supposed to be, It's supposed to go bad< to them, And we took it out of the bndget this year, The office ofbndgct and accoonting at Collier County couldn't bcli",'C W'C w'Cre giving up money, assumed wc were just insane, put it in the budget, And when I saw it the night of the meeting with the commissioners I talked with the manager, Mr, Mudd, and said, "That's a problem,. He goes, "OIl, don't worry aIJont it, We can take care of that later" So we'll try and do that administrnliveIy later on in the year. But TOe money we do not want.. MR IAIZW: Okay, What's next? MR PETTY: ". which is ndd because we'll take money from almost anybody. MR MOFFATT: John. a question on the blue sheet, The three reserves down on the bottom? MR PETIY : Yes. sir. MR MOFFATT: Do not add up tothecany-forwanlpfl!ie<:1son theklp, It'soffby, I don't know, $20,000 or something. So they should match? They should be the same? MR. PETTY: You may want to look at other cbarges and foes for capital where there's thirty-five live, There's it collection fee that the property appraiser and rcvcnuc collector take from everything we pot on the roll, I think that W3S one of tho questions that you had asked Mary. The way Irs done in the capital, I wanted to report 10 you exactly how much money you had 805 Budget Committee Meeting November 6, 2008 161 1 !rl~ q left that you could spend in capital, so I look the dollar amounts that were good tor construction and put them in those three line ilcms, and then I took the money that we bad to put on top of that to pay the properly appmiser, revenue collector, and file 4 percent stuff up above. So I think that's probably where your money is, thai $20,000, MR. MOFFA IT: I have a question. Where do these reselves show in the budget? MR. PETrY: They don~ ncccssariIy show because project resCIvcs by County standaIds lj-pically do not carry forward in a budget. They were aIread)' approved, The pIQject is ongoing. So it isn' considered part of}'OIIf' annual budget. But since it represents such a large part of our budget, as much as $3 million total, last year we decided .to put all n=rves, all carry-forwards, whether they were pn)j<ds, unrestricted, whether they were for cash flow pmposes, no matter what that we'd bring them up so that the board knew exactly bow many dollars were flowing through the system, MR, MOFFA IT: Okay, And we have an analysis of each one of these accounts? MR. PETrY: Db, absolutely, with detailed... MR. MOFFATT: We start with a beginning balance at some point in time and sreaII theaclivity, MR. PETrY: TIle SAP accounting progmtn is extensive, and the County has made good use of it. So all projects that we have we can get you a real good histmy on the monies spent whether it's a one-year JllI!iect or a fivt>-year pfl!iect so, yes, sir, we've got great detail on the project funds MR. LEVY: Another question on the Clam Bay maintcnancc for '\)9, As wc're spending money, is that III money, does that come in by the month or how does that Fund III money _lk? MR. PETrY: Db, that's a good question. We bad that question answered last year when wc went and talked with file budget and finance folks. I apoIogire for not remembering it, but. . MR. LUKASZ: Six months. MR. PETrY: EvelY six months. MR. LEVY: So, I mean, if wc go ahead and do Clam Bay maintenance for six months or something, we're Jiablc to find we get no III money at all this year, Is ihat possible? MR. PETTY: In talking with the managers 0fIK;e, the expectation is that we will get Fund III money, and talking with the budget office, the same, but it depends on wbat is the best transition, So it is something that w" will be keeping tabs on, INDIRECI' COST REIMBURSEMENTS MR. LEVY: I guess we're on Item No.6, indirect rosts reimbursements, how determiood, to whom, for wbat services, 806 Budget Committee Meeting November 6. 2008 16 11 ~\~ q , MR PETrY: Mr, CIta1nnan last year our indirect costs went down, Indirect costs are what the County chaIges Pelican Bay Services Division for the accounting program, the finance and budget people, Ihe adminiSlrator and managcr. And, basically, il is their internal cosl of doing business similar 10 whal a corpomlion may cbaIge a subsidiaIy where you l13vc 10 or 15 perceni corporate carry. That's what this basically is, We have to pay a little bit oflllOney for the services that are coming out of them. The price wc pay is actually quite good for the scrviccs we get. As yoo-IDI know, wc get lcg/Il for this, We bad Heidi for a great deal of last year, and we harass her quite a bit, We're rnmbunctious, and I think she's in hiding right OOW. MR LEVY: She's not coming anymore, MR, PETrY: Sbe's nol answering phone calls either, No. I'm teasing. She's done a lot of work for lIS. And certainly the manager's office gets involved with us on a regular basis, I laIk 10 Leo at least twice a IlIOnlh, And their accounting and finance people Kyle and Mary laIk to constantly; procurement, IT services, and the list just keeps going on. But that's what we're paying the indirect costs for. And there must be a 3().page breakout of thai eve!)' year during budget season. The last lime we gol one we asked them a couple of questions, and it ended up we saved S 15,000, MR LEVY: Yes, as [recall, il went down from thc prior year. MR PETrY: Yos. sir, So il is something thai we do go through annually, MR MOFFA TI: And we can challenge them 011 it or evell nego6ate, if possible? MR. PETrY: II is basically a questioning proccsa Since this is bow they do :vImini"'.,.. the costs acroos deparl.ments, they have their own formula for doing so, so it wouId be difficult to negotiate without upsetting the procedures that are being applied to other departments, but it is possible, MR. MOFFA TI: The aIIIOlIIIIs that go to the tax ooIIeclor and the property apprniser are fixed by law? MR PETrY: By statute, And typicaUy, they cbaIge... cosl at the end of the day, so the numbers you see are basically what statnte allows, which I think is 2 pen:ent plus 2 pen:ent. And tIut the 4 pen:ent diswunt we're not going to get around because that's something that we're always going to recommend MR LEVY: Rigbt, MR IAIZW: It's basically a handling fee, You know, they're involved in the billing, MR PEITY: They aclua1ly bill us at cosl at Ibe end, though. They we get our pro-rata share of the cosl of running their particular budget, but it cannot cxceed that aIIIOlIIII, MR, LEVY: John, that revenue r=rvc, as liu as I can see, is a little over 5 percent of the ad valorem lax money, Does 80'1 Budget Committee Meeting November 6. 2008 16 I 1 A-\~C\ that make sense'! You know, if I take the $164,200 revenue reserve, divide it by the tax levy of $3,120,000,.. MR PETTY: [feel like a student that fuiIed to study for a test, I bad no idea we were going to be doing numbers. MR LEVY: Unless I did it wrong, it comes out at - MR PETTY : You're on last year's budget sir':' MR, LEVY: Well, this is actually 2009, 3,120,000 is the ad valorem tax I",)', and 164).00 is the revenue reserves, MR PETTY: Yes, sir, You're going to pay a fee on thc assessmenls as well, but thaI's not going to be 4 percent; that's going to be 2 percent. So when you're talking about the revenue reserve that shouId equaI the 4 pereent. And you're saying that's off? MR LEVY: Well, it's 5.2 pereent of the assesgnent It says ~.~t or ad valorem taxes, MR IAIZZO: That's the way it is, It's a mix, It's a mixed bag, MR, LEVY: It's a mixed bag? MR IAIZZO: The ad valorem applies to stn:etligbting, and that's all, MR PETTY: What [ reconunend is that we just blame Janice because that's what I WdS going to say in just a second anyway, and we'll get back to you on how tile calculation is dotle at the next ma:ting, MR, LEVY: Well, okay and you know, we're on the safe side bere. The reserve is bigger and not smaller, MR PETTY: But, yes, we do pay fccs for cveIj1hing that goes through that office or gels that 4 percent added to it, which would be just ad valorem, MR MOFFA 11: Is tlmt 4 percent the discount yoo get for paying your tax early? MR PETTY: Yes sir. MR MOFFA 11: Is that what you're talking about'! MR PETTY: Yes, sir, MR LEVY: It's never a full 4 percent anyhow, tight, because not everybody does it MR PETTY: We make a liuJe money there, MR LEVY: Yes, MR IAIZZO: People rush to pay that and save, and we have to make good on that anyway, MR PETTY : You have to prepare for thc worst, MR LEVY: That's tight. And, is that a County rule, by the way'! S1I8 Budget Committee Meeting November 6. 2008 16/1Mk MR PETrY: It migbt as well be. sir, It's allowed by Florida stalnte, and I think you'd be fired if you didn\ put it on there. MR LEVY: Are there any olher questions 011 indirect cost reimbnrsemenls? MR MOFFA IT: Let me go back to this blne sheet. On the 3 112 month cash IIow do"n on the bottom YOIl have a red flag next to that ouc. Why is that? MR PETrY: The red /lag, that's a '''''Y good question, b}' the way, The red /lag is there because "'" haven~ been able to talk the County aocountants into making that a cost category wbere they would take lI19ney from our reserve and payoff a one-month-by-one-monlh bill Whal ends up happening is we have 10 segregale it because they're not making it a cost center, We'd like it to be a cost center: that way it gets Iimded on a month by month versus waiting 'tiI the end of the year and then waiting to see if you have enough money, We'd like you to be able to track it month by month based on percentage ofrevenues, So that's why it's got the red /lag there. It's expecting an expense category, but the County hasn~ broken it out as a cost centcr. So, as you can see, expenses year to date are zero, so it's going to show a red flag by the funnuJa underlying that green Ilag/red flag concept, There's a formula, actually, in there that will change the color and the name. MR LEVY: Bill when we do this for liscaI year '09, we will actually see money coming in on thaI account. MR PETrY: Olt, we actually see the money coming in the account. You can see it in your reserve numbers. They actually come in Day 1. We cltcckcd on that last year, Your cany-forwards are there Day 1. So whal you have to remember is where you see that red flag whatever number yon bm", next to that red flag has 10 be existing in your cart)'-fonvartls at the end of the year, So, basically, that represents a zero number on what you shouId spend because next year, come the end of September, beginning of October, yon better have that money fur the next three months' worth ofbills MR MOFFA IT: Except you changed it last year to three montbs, right? MR PETIY : Yes, sir, From three and a baIf to three. MR, MOFF AIT: It's a lesser twmber MR PETrY: It's quite possible this year we conId even change it down to 2 1/2, We wanted to take it slow, but 3 1/2 months is a worst-<:ase scenatio. And as we discussed at a couple of the meetings last year, loost of the money does come in flre end of December, and with our fairly conservative budgeting process we have ftmds in reserve that can help fund the first month or two, so you can do a little double duty there, So wc think we can look at that, how nwch you wanllo keep in rescrvc fur cash flow issue again this year and posstbly go down to 2 112, 809 Budget Committee Meeting November 6. 2008 16/1-A:\~C\ RESERVES MR LEVY: [fthere aren't any fiJIther discussion on indirect on Item 6, we can move to Item 7, reserves, Now. we sort of talked aboutlhat a little bit Did you have anything lIlore on tllal, Jolm? MR PETrY: We talked about the unrestricted amounts, We havell~ talked about the restrictions, If it is to a project and let's take the Clam Bay one specifically, And $300,000 was carry-forwan!. We asked }'OU what to do with it Y OIl said restrict it for Clam Bay and keep it; don~ use it to 01lSet next yeats revenncs. So we bad to put on an assessment to mise $150,000 or so, which is what we needed in the budget, We did use what was saved from the prior year to fu.nd instead. Now, for you to make us(: of that money for anything other than a reserve, you would have to take a vote 011 it We can~ do that as staIf becausc we see something shinY in a window. so it is something thaI yon would have 10 go through a process to move, You would take a vote. and if the board voted to take it on\ of reserve and spend it for analysis, a repoII, eJIIl:Igency dredging, what have you, we would look to you to give us that di=tion. We would not have to go to the County Commissioners because we are still within the fund, MR LEVY: At the next meeting, oouId we be advised what the amount of reserves there are in the capital? MR, PETrY: We're expecting that nwnber in the next week or two, so, yes, sir, at the next budget committee meeting we exp"';t tll3t we'll have thooe numbers for you 10 talk about and slaIt giving coosidcraliolllo what do you want to do with them long !emI. TRANSFERS FROM FUNDS 111 AND 195 MR LEVY: Oka)', Moving along here, Item 8, transfers from III and 195, how to determine, and from where, restrictions on usc. We've talked some about I t I, I don't think we've talked about 195, MR PETrY: Yes. 1 think thaI's the TDC. MR lAZZO: 011. okay, MR PE1TY: So let's talk about that. Did I get that right, Kyle? MR LUKASZ: Yes MR PETrY: I love it wilen be agrees with me. It's so 1lUC, TIlJIISfurs from III are where almost all of our transfers come from. That is from the municipal taxing unit overlay in Collier County, That is evel)'lhing that is not incorporated. It pays about a ,&, ,9 peroent millage rate, Now, ihat's supposed to cover smne of Ibel;e seMces of the mOOn areas ihat are higher density than t}picaI County, You'll pay for planting, permitting, and some pad< seIvi<:es, They put a whole bunch of stuff in that pol. It is an unusually complcx pot of duties, It is not a\}'pica\ of an MSTU, Be that as it may, money goes in there, and there is money in 810 Budget Committee Meeting November 6. 2008 1611 Al~~ there for such things as parks and conservation areas. We have CO!ils concerning the conservation area They agree, and for the last, oh, six years, I think, or more they have been btinging money in. And it is based on a peroentage of how much money they have available for conservation JlUIIlOSCS and then what is the perrentage thai Pelican Bay represents amongst the conservation users, So it typicaIly gets around ffio, two eiglny-five, f don~ think it's gone over throe hW1drod. MR, LUKASZ: Ma)bc onc of the years that we dredged, but for nonnal operations, no, MR LEVY: But it's been about two-thiJds of our Oam Bay, , , MR PETTY: Of our operating budget? MR. LEVY: Yes. MR PETTY : Yes. it has and that does not include of COUJSe. our coostruction program up front in the Clam Bay system, but, yes. it's a two-to-one rntio, basicaIly, 011 average. It is restricted to cer1ain uses. Now, just becanse it's in conservation doesn\ mean any crazy thing we do in conservation they wouJd pay fur or fimd. For example, there's a helicopter that I want to get with a camera on it to do examinations of our system. That's not on their list. We muIdn~ lake money fiom III fur that. And that's why Kyle said there was money available the year we dredged because that's an added item that can be funded. So Fund I I I is restricted by the ability of the MSTU monies to corne """" to you, and then ii's 011 Utejobs that you do within that funcLionaIily, Did I get that right, Kyle? MR. LUKASZ: Yes MR. PETIY: Thankyou. MR. LEVY: And that III money does have to be spent in Oam Bay that we get, We ca.'l't decide we want to spend it somewhere else; that's what you just said? MR. IAIZZO: You're not going to see that money any more after this year, MR. PETrY: Well, we do have carry-furwards because we hawn~ spent it in prior yeaIS. And last year was a real big year that we saved some money on becanse we didn~ do the permit that we fhonght we were going to do, So there are several lnmdred thousand dollars in reseJVe where we will tJy and get back the .......""'iaIe amoomt of money, but this body has never tried to take that other money from Fund III even though, I will say this again fur the recooI, Pelican Bay residents pay $6 million a year into t113t Fund Ill, You are taxed that 011 your general lax bill. Six million doIlaJs goes in. This is Ute only piece that comes back. I'd say they're getting a pretty good deal. MR LEVY: 111 say. 811 Budget Committee Meeting November 6. 2008 16 I 1 -ItILf'1 MR PETrY: So if we oouId get that carry-lOnvan1 to come over to beIp oIlSet, I would think that that is the least that could happen, We will try and get whalever we call to come hack, bul nobody has asked us 10 push for Ihose funds, PAYMENTS TO PROPERTY APPRAlSER & TAX COLLECTOR MR LEVY: Item 9, payments to property apprniser and tax collector, how determined, for what purposes, I think we covered that a bit earlier in the meeting, MR PETrY: We covered tha~ sir, r believe so. BUDGET CALENDAR MR, LEVY: Yes, John, Item 10, budget calendar. ifyoncouJd.. MR PETrY: What we'd like to do is put together a calendar for this next meeting, bring the calendar at the next meeting that would show the next meeting as the first start date on that c:>w.maT, And then we're going to tIy and, through discussions today, come up with a normal first Tuesday, second Thursday, fiftb Wednesday, whatever you-all prefer because as this gets into the end of the year you will start baving residents come in limn time 10 time, paI1icuIarly once you have to adopt a budget with an increase, they'll certainly want to come and talk to you. And we should be doing this on a basis thallhey can rely upon so Ul3l they can participate if UICJ wisIL II is noI required, but it is something that I'd like you to consider in your scheduling. Bul ai the next meeting we'll bring yon that calendar, We'll put all the d.1tes in there to the best of our ability, If wc can' pick a second Wednesday and we need to poll cvCIy month, we will do so, But we'll put that in the c:>1cnd:lT, and we will put together your calendar based on today's tmdermanding, and we will modiJy it as it changes "'"". time, When the County's scbeduIe comes out, we will overlay that on top of it so that you can sa: what their requirements are as well, MR LEVY: Will tbis calendar, Jolla show the internction between this committee and when you and Kyle are essentially doing putting together the budget, so to speak, In other WOJds when we have to do capital items and discuss changes, MR PETrY: 011, yes, MR MOFFA IT: Anticipated deliverables for each of the meetings, MR PETrY: Mr, Chainnan that was asked for last year, and I don' have any problem with doing it again this year, If you recall, we set aside specific meetings for capita~ lOr example, because we like 10 do thai one first because il takes the longest. MR LEVY: And this would be on the schedule? MR PETrY: 011, yes, sir, MR LEVY: And the schcdulc may be on one sheet? Do yon think we can do it on ouc piece of paper? 812 Budget Committee Meeting November 6. 2008 16 r 14\~q MR PETrY: Yes, sir, That's what we ended up with last year, and then we Ieamed our lesson, We ptan on doing it. And for right now we're going to put broad perimeters, so tbat capilal would SIan, basically, at tile first part of the year, and traditionally tlJat has been JanU3l)' or Febl1l3l)', And then we go on fromlhere, So we do IJave a calendarouUine of that from prior years, and we'll put that togetller for your 00>,1 meeting, and we can talk more about it then. MR. MOFFA IT: And our next meeting is Dcccmbcr 11th. MR BOLAND: When? MR. PETrY: Mary says that Deoember Iltb is when you're scbeduIed I~n still trying to figure out because there was a December 23rd, which I think is optimistic. MS. LARNED: That's the ortIinance, MR. PETrY : Yes. I don~ know about you, but that's where I'm sbopping for that Iast-minute gift, MR LEVY: That's the onlinance. MS, McCAUGHIRY: It's a Tuesday. MR MOFF AIT: I think that was in your e-mail. MR LEVY: Ours, budget, I think was a Thursday, At the same time. MR. BOLAND: Yes, one o'clock? MS. McCAUGHTRY: One o'clock. MR PElTY: Ore o'clock. Bllt we jus! expect to be upolairs I think we're doing this for the holiday schedule. We hope to have a regular day later OIL MR. BOLAND: Ore o'clock Deoember 11th, All right, MR. MOFFAIT: [would mention going forward that looking at my scbeduIe mnst Tuesdays are good, Wednesdays pICk: up a lot of other meetings. Thumlay is not a good day, bot so if you're looking at days of the week, Tuesday for me is a good day, MR. PETrY: Mr. Cbainnan, if we coo\d, we'd like to ask you to spend about five minntes and get everybody's preferences right here, And then, of course, after the meeting we'll get in touch with you because it's all based on room availability, But if YOII could spend about fivc minutes and each one of you givc \IS your pref= like Mr. MoIfutt did because that's perfect for us, When you say yon like Tuesdays above the rest of the daJ's that's pemct Tben we can check on room availability, MR LEVY: Do you want to do that here, or do you want Mary to do that? 813 Budget Committee Meeting November 6. 2008 16 I 1 -A-I t/q MR. PETrY: Sir, if you want to give US a little bit of dinx:lion here; that way Maty can caU each boanI member then through the process afier she finds OUI what rooms are avaiIable. and well shrink il down. If you'd like, well jusl make Ihe calls direct to you, though, We can do that MR LEVY: Call or e-mail? I mean, is e-mail easier than calling? MS, McCAUGHfRY: I'd be happy to, Thc problem that I'm having is scvcml of you sent me back what was a workable schedule, I think we had a lot ofTuesdaJ'S and ThursdaJs, one o'clock or from one to three, somewhere in that time frame. When I talked to Margaret, scheduling here, I can' just say, "Look, can you give me this or this or ,this?" Site's like, "011, Mary, 011, you know, I need more focus here. I can only tell you right now I have lhis", I wonId like to be able to set something up like we did last year so that we know. okay. its every second Tuesday, it's every thinI Tuesday. whalever worl<s for all of you, MR. LEVY: That would be fine, I mean, Tuesday, that's what we did Iast year, so Tuesday should be good for us, MR. PETrY: If we have that concepl that Tuesdays are fuirly good fur everybody, Mr, Gibson? MR GIBSON: TI1ey're good for me, MR PETrY: They are good for you? MR. GIBSON : Yes, sir, Mondays are better, I don'l play golf 011 Moodays. MR. LEVY: Well, Monday's fine with me, MR. BOLAND: You're going to have a bani time with the room here because in January they have art classes, other classes, I know because Ill}' wife runs the social committee, I know theJ' wonId like a time "'''''Y month the same time so theJ' can book the room, You're going to have a better shot al it. If yoo play around with this, you're not going to he here. MR., LEVY: Well, you know, I ... MR. BOLAND: That's theirruIes, you know, so... MR LEVY: I like the one o'clock time slot. MR BOLAND: As long as it's after I p,m., I don' care when you have It. MR. LEVY: I mean iIMonday is a good day for GeoIf, that's fine with me, I don' know 000nt everybody else, MR MOFFATT: Monday at one o'clock wonId wod< for me also, MR. PETIY: Okay, Well, that's great, guys. Well cbcd< OIl that, and well gel back in touch with you on rOOIT. availabilily and see what's up, MR. LEVY: But well leave the scheduled meeting aIone that we have now? 814 Budget Committee Meeting November 6. 2008 1611 A--l~~ MS, McCAUGHTRY: For 12/11, yes. We have that in the book and all scheduled, MR LEVY: All right. And then what did we do, thc third wc used to do thc third Tuesday. Havc I got it right'! Last year was it the third'! MR PETrY: I forget which one it was. MR. LEVY: But it should be. . MR PETrY: A regular time period. MR LEVY: Regular and so it's roughly a month apart for thc meetings. MR. PETrY: Yes, sir. We will do that. AUDIENCE COMMENTS MR. LEVY: Okay. We've got audience conuncnts. Any conuncnts from the audience'! You're the audience, MS. WOMBLE: I am not sure but hi thcre, guys. You're having a wonderful meeting, by the way. I'm just wondering if thc other community building might be available where we used to have our old meetings for the board. MR, PETrY: I like that. I like that plaee a lot. Thc trouble is they put desks in that meeting room, Did thc last timc I went over to see Jim Hoppcnsteadt. I went in that hack WdY, and that old meeting room had, Iikc, Four desks in there, and there were secretaries in there. MR. MOFFA IT: Y call, I think the auditors arc in now. They'll probably tic it up for a month or so. MR PETrY: But that is something we could ask for because it is a nice room. It's cozy. MS. WOMBLE: And if this is not availablc and it sounds likc tins is becoming increasingly more difficult to gct. MR. PETrY: This room is tough. They've lJccn fairly good about getting us upstairs under any circumstances, so we're hnpeful. MR, LEVY: Go ahead I'm sorry. MR. MOFFA IT: I just wanted to ask before wc adjourn from a SlUnmal) standpoint. what is it that you're going to prepare for us for our ncxt meeting, John'! MR. PETrY: To recap, what you should cxpcct at your next meeting is to havc thc cnd-<lf-year financials with the carry-fOlwards for budget considemtion. You should have a calendar with dates that and expectations of products or discussion items, You should have more information on the Clam Bay issue since I'm having a meeting this afternoon, And I will try and get some more infommtion about tlmt while I'm there. And I beheve that gives us pretty much what we discussed today. That's what I 8L5 Budget Committee Meetin!! November 6. 2008 16/1 A-\~" have on my list anyway. MR. LEVY: And the schedule. MR. PETrY: Mary. do you have ,my tiling else? MS. McCAUGHTRY: Thc schedule, but that's the ealendar you mentioned already. MR. PETrY: Yes. the calendar. I said that. MR LEVY: 11lc calendar. MR PETrY: I said the calendar. MR MOFFATT: And we'll get capital earry-forwards by project'! MR PETrY: You "ill gct capital carry-fmwanIs. TImt is part of tlmt expectation wc're Imving from the ComIty in the nex1 week or two. Wc have numbers now, Thc trouble is they're abontthrec months old. MR LEVY: And when arc you going to start tltis report again? MR PETrY: If that is in geucml form, at thc next mceting you "ill gct that form filled out for the new year for the budgct committee, and you will also get thc standard and SAP report for cxpenditures. MR LEVY: Right. Right. And now when you show the estimated actuals for wcll, that's okay. MR PETrY: We "ill plug in the new numbers when they get here. MR LEVY: Yes. MR, PETrY: So by your ucxt meeting they should havc the carry-forwards correct and in accordance with what we receive in the next \\leek or Iwo. MR LEVY: And yon're going to try to do this for '09 it's got a subtotal where the budgct thcre is thc same as the budget here, and tllen you can add any other itcms below tlmt. MR PETrY: Yes. sir. I think we can follow the fonnatthat Janice talked to you about a little bit last year, MR LEVY: Y cs, shc Illld that last year MR PETrY: Wc'lI bring that to you for your considcmtion. Wc're going to ask you-all to vote on that for a rcconunendation because, as you know. opinions diffcr so mueh on the financial report. Wc'd Iikc cvcrybody to vote, MR MOFFATT: By the way, if you're looking for space on this report, those explanations or what you call notes don't add a hcll of a lot. You know, if you want to cxplain variations, that's one tiling, but just telling mc .. MR IAIZZO: I had a question. too, Jcrry, I ""dnted to bring to the board and to this group hcre that I have been 816 //0 ~ 1 ANti Budl(et Committee Meetinl( November 6, 2008 entertaining thc thoughl of bringing the mainlerumcc under the Foundation, if it's at all possible, and conducting busincss not through the County but through our own master homeowners' association. I think we'll have a lot more Ilexibilities and potential savings that wc need to cxp10re, That's all I'm asking is lhat we explore it. And I "ill put it on the tablc immediately that this concept docs not remove our present staff I want to relain this present staff that we have and havc cnjoyed for the past 20 years, That staff has proven itself I don't want to removc the staff, but they're frce to go whcrcver they want to, I mean, But I certainly want to extend that offer to this wbole group. I havc hopes that we ean save money. I belicvc there is money to be saved and better control. And we need to explore it. and that's all I'm asking is lhat we kcep an open mind and explore it. MR MOFFA IT: Why can't we save that money if it's available to be saved in the Scrvices Division versus the Foundation? MR. IAIZZO: You can't There arc certain item. Iii here you cannot remove. You cannot remove the other charges and fccs that we see on the bottom. Jerry. You cannot remove that. You're stuck "ith IImt. MR MOFFA IT: Wcll. yca11. and evcry indiVIdual's going to lose their tax deduction then for that asscssmcnt. MR IAIZZO: Yon're talking $:JIX) tax deductIon not evcn. MR. LEVY: It's $4tX) MR IAIZZO: It's nol evcn. I 1Il"'1I1. lhcre's no big tax deduction. You would h.ave an asscssmcnt mlllcr than an ad valorem tax, and the only ad valorem tax that this gives us is street lighting, So we would have an assessment mthcr than a tax ad valorem. MR MOFFA IT: Butthc staff would have 10 change employers if they were inclined to do so, MR IAIZZO: If they "ant to jump and I don't even know if it's going to go throngh. I say let's Imve an opcn mind on this issuc. Let's see wherc thc savings is. Is there a 20 pcrccnt savings? Maybe lhcrc is: maybe there isn't. But we need to keep lhat opcn mind. But I want the stalfto fCSt assured IIley're not gomg anywhcre unk'SS they "ant to MR PETTY Mr. Chairman. MR BOLAND: I like the conccpt. John, bnt I don't think it would work for a couple of reasons. Number I . MR, IAIZZO: No. this is not an opcn discussion to say it's going to work or not work MR. BOLAND: Thc equipment belongs to the County Even though we pay for it. they have title. so we'd.. MR IALZZO: No. No. MR, BOLAND: ...all newequipmcnt. 8n Budget Committee Meeting November 6. 20()8 16 J 1 A (~iA MR. IAIZZO: That cquipmcnt belongs to this community. MR BOLAND: John. an assessment right now. tJIe people of Pelican Bay almost had a kidncy rupture because of all the concerued citizen stuff that the 5IK)'s unacceptable, yadds. yadda, yadds, It's here this year. If you tum around and take this out of the tax base, put it in an assessment in Pclican Bay, I don't think thc community's going to buy it because they're upset about the $500 now, thc next 51~). MR PETrY: Mr. Chairman. MR, BOLAND: Now you're asking for anolhcr $370 or $41~) a year. Thc concept's good, Jolm. but I'm just saying what people would rather pay is the tax and deduct it MR IAIZZO: No. I'm saying I'm nollooking for a decision now. I'm just saying we have (0 explore all the potentials and whcre we go with it. MR PETrY: Mr. Chainnan. MR. IAIZZO: I don't want a decision. I want an open mind on this issue. MR. PETTY: I can agree "ith both. And we do look at this almost every year. If you'll recall and Mr. lai/.Zo probably docs, a lot of the beautification, the landscaping that we do, is common ground that we do in trying to get that proper use of funds. Versus having two different landscapmg groups out there and have all that redundancy. we combined it into onc. and PBSD takes care of it So that's something wc do look at for efficicncy, and it is part of our budgetary process. I just admire y'all for having so much energy and spunk to try and get into this on the very first meeting. [t sounds Iikc wc're ahead of ourselves. [think it's a future agenda item. but I expect to look at thai tJns ycar. MR. MOFFATT: Well. I like John's idea. If there arc efficiencies that wc can achieve. I don't think it mailers which organization you're achieving them in. Let's achieve the efficiencics. MR. IAIZZO: But-- MR MOFFATT: But conceptually and I havc to get over that I have a problcm giving np tJIe tax deduction, lnaybejust because of my background, MR, IAIZZO: What" The $5tX)" $4t~)? MR. PETrY: Keep nlll!. MR. IAIZZO: $3t~)? MR. MOFFATT: It's moncy and if you're adding thcm up, it tumsout to be something you C'dll spend. 818 Bud2"t Committee Meeting November 6. 2008 16/1 A-iqq MR IAIZZO: You're not saving that much. Tbere's no sa\~ngs there to s'peak of MR LEVY: I don~ want to get a higher tax rate, MR IAIZW: No, you won't. Don't worry about it. MR, PETTY: It'll be that nickel that lakcs you over the edge into the next category, Mr, Chairman, I think we've covered the agcnda. MR IAIZZO: Ycs. MR LEVY: We have covered the agenda, and thank you. Is there anything else you want to talk about? Is there a motion to adjourn? -- -- --- --- --- -----~--------~ Mr. John Boland moved, seconded by Mr. Jerry' Moffatt and approved unanimously to adjourn the meeting. There being no further business the meeting was adjourned by order oftbe Chainnan at 2: It p. m, TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC" BY KAREN BLOCKBURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, RECORDING SECRETARY 819 RECEIVED FEB 0 2 2009 TRANSCRIPT OF THE MEETING OF THE PELICAN BAY SERVICES DMSION Board of County CommlssionerORDINANCE REVIEW COMMmEE Naples, Florida - November 25, 2008 16 Fiala Halas Henning coyle . Coletta y / \41. = LET IT BE REMEMBERED, that the Ordinance Review Committee of the Pelican Bay Services Division, in and for the County of Collier, having conducted business herein, met on this date at 1:05 p,m" in REGULAR SESSION at Hanunock Oak Center, 8960 Hanunock Oak Drive, Naples, Florida, with the following members present: Mary Anne Womble, Chairwoman Michael Levy Also Present: John PettY, Administrator, Pelican Bay Services Division; Janice Lamed, District Offices, LLC; Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; and Mary McCaughtry, Recording Secretary, Pelican Bay Services Division. Ted Raia AGENDA I. RollCall 2, Approval of November 25,2008 Minutes 3, Audience Participation 4, Review of Current and Past Ordinance 5, Service Improvements through Ordinance: a) Water Management b) Beautification c) Street Lighting 6, Operation and Responsibility of our Water Management System 7. Adjoum ROLLCALL CHAIRWOMAN WOMBLE: Lefs get this meeting started, and I guess since I'm the chair of the board, I am heading this committee at this point, but I think I'd like to make"" we probably better close the doors because this is better than ifs ever been. First of all, welcome to the first ordinance committee meeting. And we have on our committee Mike Levy, Ted Raia, and we had someone else too, MS, McCAUGHTRY: It was Mr, Burke currently not on the board, AUDIENCE PARTICIPATION CHAIRWOMAN WOMBLE: That's right. So at this point in we have all three, That gets more interesting, doesn~ it? Well, lefs have a roll call; I see that we're all here, Mary, so let's move on. Is there any audience participation at this point? (No response.) REVIEW OF CURRENT AND PAST ORDINANCES CHAIRWOMAN WOMBLE: Okay. At this moment I think we need to go to the review of the current and past ordinance that we've been discussing. One is we have before us the objective of amending an ordinance that was already in motion, I'd like to have Ted give us an idea of where he wanted to head with this first. And, John PettY, I'd like for you to jump in when you can offer history, advice, suggestions, Okay, DR. RAIA: Well, I don~ know maybe John may want to describe what other forms of government we can have short of incorporation or annexation and the pros and cons of that and as briefly as possible and then we'll tak.M~~, Is that all Date~L9:L !tem#.~% 1 ~opies to Ordinance Review Committee Meeting November 25. 2008 16 I 1 ftll\ b right with you, Madam Chair? CHAIRWOMAN WOMBLE: Absolutely, MR, PETTY: There are plethoras of special districts in the State of Florida, Basically, we're going to talk about it as I did at the regular board meeting a while back, We are an MSTBU, which is at the very bottom of special entities created by local government. MSTBUs and MSTUs, and the acronym stands for Municipal Services Taxing Unit or Municipal Services Taxing Benefit Unit, those were instruments of local government to provide specialized services to a set geographic area that is funded by that same area served, They are typically totally dependent upon the county or the city that created them, and they do not have any legal position, They can't own property, They have no taxing or assessment powers, They cannot sue or be sued, They are a division or a part of the county or the city and, therefore, those forms of govemment are th~ ones that actually do the work. One- step above those special taxing units is another special district or taxing unit, which is a dependent district. Dependent districts can be established by a municipality and by county ordinance, Again this district is based on supplying specific services to a specific geographic area that funds those services, It's a way to get something other than the base service levels that are provided by local government. Dependent districts are legal entities, They can be sued and they can sue, They can own property, have title, have fixed assets, but dependent districts by definition of the Department of Community Affairs, which has authority over this issue, defines it as being one where they either/or control appointments to the board or have veto powers over the budget. Either or both of those would make the district dependent. Independent districts are a step above that. Independent districts are legal entities, They can sue, They can be sued. They can acquire property, They can also issue bonds, They can issue notes to fund projects, They have the ability to do special assessments as well, They are established by local government or the State of Florida through the legislative process, The most cornmon one today is labeled a COD or a Community Development District, which is established by local ordinance if it's 500 acres or less, Anything above that has to be done by the govemor's cabinet under their mantle of the water adjudicatory board. DR, RAIA: So we would have to be over 500 acres? MR, PETTY: We would go to the governor's cabinet, the water adjudicatory board, The issue there is the way it's established is by petition to the local government or in this case to the State to the Governor's Cabinet. It would be a petition on the landowners, If there were any landowners that did not wish to participate, they would not be included, So when you are an owner of a large property, as Westinghouse was when Pelican Bay wasn't developed and they had title over our rights to 2,100 acres, they could go to the governor's office and petition and that's what they did back in the day, DR. RAIA: In our situation, would you need 100 percent or a majority of the landowners? MR, PETTY: One hundred percent, sir. DR. RAIA: So it's 100 percent or not 95 percent and 5 percent could stay out of it; everyone has to vote for it? MR, PETTY: Yes, sir, DR, RAIA: Okay, MR, PETTY: Otherwise you'd have to exempt them from your district, You have to do this checkerboard pattern, DR, RAIA: So it is possible to do it? MR, PETTY: Everyone within the district would have to approve it, and if there were, let's say 50 that say no, you would try and cut them out of the district, 2 Ordinance Review Committee Meeting November 25. 2008 16 J l<At4b DR. RAIA: Okay, Okay, MR, PETTY: So it can be considered, but it is problematic because we are built out, because there are so many different people, and since you do have assessment powers with the commercial areas as landowners they would also have that option, and you have to wonder whether or not they would want to come in or not. So, it isn't just residents who may disagree with the concept. It could also be other interests as well. There are a few other types of special taxing districts to be considered, but most of them are in that I percent range of options available to us, There are things out there called "eRAs," which are basically, taxing from financing entities where you are doing a redevelopment, and you are looking to try and capture some of the revenue that is existing based on what you're going to do to improve the area, And you've seen these in downtown areas a lot. There are several in the City of Naples ongoing now around the Gorden River, City ofS""7'ota has several of them that you'll see down by the Sarasota Bay, their little downtown area and bistro area is done that way. Basically, it's a way of enticing money to come back into an area to reestablish that community, You have to determine that there is blight before you're allowed to establish one of these, And, again, you would do that through the local govemment, the county and the city, if we had a city ordinance. And it is, again, one of those one percentiles. It really isn't an option for us. DR. RAIA: We don't have much blight here. MR, PETTY: We'd have to put on funny clothes and things, but that's basically what our options are in the mainstream for trying to get, I think, what is referred to as a "modicum of control" above what we currently have, DR. RAJA: So the work involved is almost the same as we went through with annexation, If you have to get all the property owners to agree, that's a lot of work, MR. LEVY: You didn~ need them for annexation, You only needed a certain amount. You didn't have to get everybody, DR. RAJA: No, that was incorporation, With annexation we had to get... MR, PETTY: A mljjority, You have to get majority, but I can't remember if it is above a simple majority of 51 percent or a set majority, J think it is a simple majority, Janice, do you recall? MS, LARNED: No I don't. MR, PETTY: I think it is a simple majority. There was a petition that requires a percentage, which is how annexation was looked at in Pelican Bay because the golf course signed their acreage, if you recall, DR, RAJA: Yes, Yes, MR. PETTY: So that was a percentage of the available land, DR. RAIA: Right. What percentage ofthe land? MR, PETTY: But that's just to consider the matter, The referendum would be by the electorate, MR, LEVY: That's right. That's right, MR. PETTY: So this is kind of like being a little bit pregnant. There isn't really a way to do that. When you're looking at these issues there are either the set patterns of special taxing units to districts to self-empowerment through incorporation. The State really looks at it from those three steps, Either local government will handle it through a division or a special taxing unit or they will see the uniqueness and specialness of it and approve a dependent or independent district available to them if possible, But other than that, the evolution would be to become a municipality, In other states there are classes of cities, There are villages 3 Ordinance Review Committee Meeting November 25. 2008 16 I 1 ~I~b or there are townships, both of which have different degrees of power, In the State of Florida you go from nothing to a municipality, There is nothing.., DR. RAIA: Nothing in between, MR. PETTY: Nothing, They don't differentiate between smaIl, large, or in between, The rights are all the same because it's based on the home rule of power here in the State of Florida, And that's really what you're looking for when you're looking to go beyond the district status, Home rule power gives you the ability to do whatever is necessary for your community and it also entitles you to revenue sharing, There's a large responsibility that comes with that though, There are requirements, MR, LEVY: This is incorporation you're talking about now? MR, PETTY: Yes, sir, There's always responsibilities with special taxing districts as well as you can imagine. I can give you an example, The Pelican Bay Services Division did graduate to a dependent district in 2000 or January 200 I. We went to the County and the County agreed and we transitioned into it after about four or five months of quite a bit of work on what would be transferred to this entity, The utility site came up that you and I walked, Dr, Raia, Several items came up on what titles would change, what properties would stay with the County, et cetera, what assets would move over. And all the fixed assets, all the rolling stock of Kyle was going to be put in this new entity's name, And we became a dependent district, When the County established that dependent district, which they have the power to do, they also gave it the power to tax, an ad valorem millage of no greater than, I believe, 2 mils, And that bothered a lot of people that this entity could be created without their voting through a referendum process that would now have taxing authority over them, And a group of Pelican Bay residents got up and voiced their opinion that this was a negative impact, that they wanted the people to vote, And after a couple of months of discussion, the Collier County Commissioners reversed their decision and converted us back to an MSTBU, Now, that does not mean that a dependent district is a bad thing at all, It may mean that if you want to be a dependent district that you do so knowing that the residents will not look at it favorably if you have taxing powers that they do not consider to be appropriate, DR, RAlA: Well, there was more to that problem that the proponents of the independent district did not provide a forum like this, Although there's nobody here, but people were clamoring to have a say in it to get more information disseminated, And for some reason or other the proponents were reluctant to address the public on these issues, So a lot of people rebelled against what they were doing, Not so much they were against the concept, but against the quasi-secrecy, not having enough information, and I think that really defeated it, So, you know, maybe this could say you have a 2 mil or 0.2 mil. MR, PETTY: It was a 2 mil. DR, RAlA: A 2 mil. Maybe if something like that was resurrected, that it could be limited, Or you could even have that this could only be passed by a referendum of voters at a certain level. I mean, there are ways to address what the people conceived as a problem, but the important thing is the people of Pelican Bay are too sophisticated to have something jammed down their throat without a chance to say something, So all right. Thank you, John, I appreciate your comments, MR. IAIZZO: I have a comment. The question is, why should the board have that ad valorem or taxing ability without consent from the residents? MR, PETTY: The question was why this entity should have taxing authority without having consent or going through the referendum process with the residents, And I can ouly tell you what I would recommend today, if you were to go through that process, I would recommend that you maintain your existing millage levels for street lighting and for security that you've seen in 4 Ordinance Review Committee Meeting November 25. 2008 1611 ptlllb the past. I would analyze what we had done in the past and I would go a little bit above that for a worst-case scenario, which might mean I would recommend that you keep a I mil or a I 1/2 mil or whatever that is, I think thafs probably why the 2 mil was there because at the time I believe we were doing security and we were doing streetlights, which both are funded through the ad valorem tax process, assessment process, There should be a millage capability, otherwise, you're forced to use user fees and charges or special benefit assessments that could be difficult to do for those two entities, MR, LEVY: The way we're setup now we pass a budget, which goes before the Commissioners, and if anybody wants to object they can object. There's a meeting with the Commissioners, but there's no limit now, There's no millage limit or anything like that in terms of what budget we put forward, MR, PETTY: The only millage limit is what is imposed by the County itself that Ibelieve they have a IO-mil cap, is that right, Janice? Ten mil not counting debt. MS, LARNED: Right. MR, LEVY: I don't see why it should be you know, you're essentially going to spend the same money one way or the other, You know what I mean? You're not doing anything different as a dependent district than you've been doing as an MSTBU or are you? I mean, you don't need any more money. do you. MR, PETIY: That's very well-spoken, And my recollection is from reading the minutes because I wasn't here and one of the main opponents was talking about the ad valorem being a big issue, but you're absolutely correct. The County has that ability to put that ad valorem over the people of Pelican Bay and does so every year and adjusts it as necessary, And any entity that is established. whether it's a dependent district or a division, certainly the County or that dependent district can be held accountable for their actions, MR, LEVY: I mean, we are a non ad valorem now. It's not like the people get to vote on that or anything, MR, PETTY: The assessment is what the assessment is every year, I think it was as Dr, Raia said there were other issues that had to do with: This happened too fast, it happened without our input, and we don~ like it. MR. LEVY: So why would you want to become a dependent district? What are the reasons you'd want to do that? MR, PETIY: There would be some benefits for you to consider. You could own property, which means it's possible that you could ask Collier County to partition that utility site, which we have done by memorandum several times; but this way you could actually have title to it so that you could build facilities there as you saw fit to meet the needs of Pelican Bay, Not that you'd want to build facilities or anything of that nature, You could sue people on behalf of your position with Pelican Bay should there be any problem with an interface, Somebody cuts a 50-foot-wide path through our berm, for example, don~ ask me why they would do such a thing, but if it happened, you could sue them to get that fixed or to pay for the cost of you having fixed it. Other issues such as that would give you more conttol over the decision-making process, And instead of every decision being capable of being either overturned by the County Commissioners, which is at their discretion currently, are in some way impeded by the policies of the County through staff, In other words, if it were limited by the current policies of staff, you would have a little bit more say over how you would perform the services within Pelican Bay because you'd be following a more specific procedure geared for Pelican Bay versus a procedure geared for all of Collier County, So there are slight benefits of control. I can~ tell you without analyzing it whether there would be any benefits of operation, MR, LEVY: Is Pelican Marsh a dependent district? 5 Ordinance Review Committee Meeting November 25. 2008 16 J 1 Itlttb MR, PETTY: Pelican Marsh is an independent district. It is a COD, It was established by Westinghouse before they started selling units, MR, LEVY: Okay, Thank you, They control a road going through there, That's a County road going through there, isn't it? And if the .,. MR. PETTY: No, sir, CHAIRWOMAN WOMBLE: No, MR, PETTY: It's a district road. The district built it with their funds, MR, LEVY: Oh, okay, MR PETTY: And it is a public road, And there's a little bit of a secret to that road in that the guard can't stop you. The guard does stop to say hello, but he can~ bar you from having an entrance to that road, That's a legal opinion going way back to a Miami case, And if you build it with the public's dollars, tax exempt, which these were built with district bonds that are tax exempt, that's public money, and as such, the public has access, So the guard is there basically to say hello, ask you what your business is, If you feel like answering him, you may, It's more to get a picture of your car and your license plate and basically to let you know that this is a safe community, You're being watched, MR, LEVY: Now, if we were a dependent district, could we put gates up on all roads coming into Pelican Bay? MR, PETTY: There's a small possibility of that, Pelican Bay does have County roads, as you know, Gulf Park Drive, Pelican Bay Boulevard being the main ones, We are not considered to be connector roads though because we only really serve Pelican Bay, it isn't like this is how you travel up and down the coast. Basically, Pelican Bay Boulevard is a big U that serves Pelican Bay and Gulf Park, just connects in the middle, We don't really have through roads to Creighton Road as you know, That's a dead end by design so that it wouldn't be a corridor road, So even though they are County roads, they are not corridor roads, They're not necessary for the County's plans outside of Pelican Bay, So, yes, there is a possibility that you could negotiate that with the County who is looking to conserve their monies as much as possible, And a 30-year-old road, they may be willing to transfer to your responsibility, MR, IAIZZO: Provided they gave you some reserve money because", MR, PETTY: Well, we're not ready to negotiate yet, sir, MS, CRAVENS: I've got a question, some concerns. I think before we talk about eliminating the MSTBU that maybe we need to understand it better, I think there's some real fuzzy understanding about what our MSTBU is. We know what our ordinance is, And for those of us that have tracked it, we know how it has changed through the years, The missing pieces of Florida statute information about MSTBUs and there are certainly Florida statutes that have certain requirements and conditions for MSTBUs, I have a few questions about our MSTBU and whether or not, you know, it stands for Municipal Services Taxing and Benefit Unit. Okay, And there's a comma in between there, Municipal Services, comma, Taxing and Benefit Unit. So we essentially do tax ourselves with the non ad valorem assessment. We use the euphemism of "assessment," but it works like a tax and it's paid like a tax, We have rolls, We have what are called "assessments rolls" that list every single business, every single individual that lives in Pelican Bay and their assessment; what they're paying, and we pay it through the tax collector. And there are so many similarities between what our MSTBU is and an actual taxing district that it begs the question, how much do we actually differ? Are we really as dependent as we're made to think we are or are we maybe a special district that does have more 6 Ordinance Review Committee Meeting November 2S 2008 16/ III b independence than we actually know? And I think the answers to those questions are not in our local ordinances but are in our State statute. And I would ask that we look at that and potentially not take a step backwards, Maybe we're in a very good position right now for our needs until the next step, as Mr. PettY states, the logical next step is become our own city. Maybe we're not ready for that yet, but maybe our position as an MSTBU is a good position to remain in, And the last thing that I want to emphasize is that we as a community have decided what our benefits are. We decided that. Nobody told us, It was something that our community proclaimed they wanted as benefits and that they would assess themselves to maintain those benefits, One of those, of course, is the conservation area, And I would caution that we do anything that might take that conservation area out of our official documents that recognize that it is our benefit. I think with the actions the County has been taking lately they would very much like to see us remove that as a benefit to our community, It may stand as an impediment to them, not today, but maybe in later actions, I think we need to take all those things into consideration, I would hope that we more fully understand what our MSTBU really is and that we might consider that the next logical step is actually incorporation, And maybe we're not ready for it yet, but maybe we should consider that and consider when we may be ready for it and start the investigation process, MR, LEVY: The fact that we mostly use a non ad valorem tax, that's got nothing to do with being an MSTBU, I mean, we could be using ad valorem tax and be a MSTBU also? MR PETTY: Yes, sir, MR. LEVY: Okay, MR. PETTY: Cities and counties have assessment capabilities, Cities and counties can do special benefit assessments as well. And the difference between the two, while very similar, do have very specific legal issues associated with them, But Marcia correctly stated that special benefit assessments are common across all three levels whether you are an MSTU, MSTBU, a dependent district, an independent district, or a form of local govemment city or county, that the ability to do benefit assessments or tax assessments or ad valorem assessments are typically within your scope, MR. LEVY: So it's either ad valorem or non-ad valorem, it doesn't matter which way you do those things? MR PETIY: These are all defined by the Florida Constitution on what powers they have given these local governments to raise revenues. MR. LEVY: We can do it both ways here, am I correct, ad valorem or non-ad valorem and the MSTBU, MR PETTY: We do both here currently, MR, LEVY: And we could do one or the other entirely too, I mean, we don't have to do them both, MR. lAIZZO: That's true, We can remove the ad valorem from the ." MR, LEVY: Or make it all ad valorem, MR, IAIZZO: You can't make it all and", MR, LEVY: Do away with it. MR, PETIY: I would love to say yes, We're 99 percent of the way there, The issue here is, Benefit Assessments are different from other types of assessments, And our water management system was based on that Benefit Assessment of one acre gets charged X, MR, LEVY: Right. MR, PETTY: And while there were bonds outstanding that methodology couldn't change, the bonds were paid for a few 7 Ordinance Review Committee Meeting November 25. 2008 16/ 14\l{b years back, As a matter of fact, that was one of the ways of settling up with the County for some of the fund balances that were there in 1990, And I think this all happened in the late '90s when they finally settled up a little bit. And they paid off the water management bond issues at the time, But since our methodology was based on benefit, I am reluctant to say that we would ever go off of it because it puts you in a legal position that is different from a regular assessment. And I would be reluctant to move off that position. I like the position of being able to do special assessments, special benefit assessments and ad valorem assessments. MR, LEVY: This document states that the purpose of powers, one of them is to finance the landscaping beautification of US 41 from Pine Ridge Road to Vanderbilt Beach Road, Do we pay for that whole stretch of road on 41? MR. PETrY: Currently, that is part of Kyle's responsibilities, but we didn~ put the dirt in, As far as I know we're just maintaining it. MR, LUKASZ: Are you talking about in the median on US 41? MR, LEVY: Yes, MR. LUKASZ: The median we don't do, MR,LEVY: Okay, We just do our side, (Multiple speakers.) DR, RAIA: We were thinking of building the median, MR, IAIZZO: Yes, DR. RAIA: But once it was built, the County took over from there, MR, LEVY: I mean, it looks very nice, I'm just glad we're not paying for it. MR,IAIZZO: We put it there, but we're not maintaining it DR. RAIA: We're not keeping it up, MR,IAIZZO: We tried to, DR, RAIA: I'd like to pick up on what Marcia said that there are items in the MSTBU that we have which gives us a little bit more say than we think. At least if we exercise the rights that are there, unless the County interprets it a different way, But, for instance, just as recently as 2006 under previous Pelican Bay Services Division boards that amended the ordinance of 2002, and although a lot of it was window dressing going from a committee to a director to a board, there are important items that were added, For instance, in Section 4 it lists the purpose of providing various services, And it has water management, ambient noise management, et cetera, et cetera, but then they added including the restoration of the mangrove forest, That was added as recently as 2006, MR, PETrY: You're on Section 4, sir? DR, RAIA: I'm in the red book and, in bold print it says Section 2, but it's referring to the ", MR, PETTY: Oh, thank you, MR, IAIZZO: What page are you on? MR, PETrY: Page 2 of II, I believe, DR, RAIA: Page 2 of II, CHAIRWOMAN WOMBLE: Two of eleven, DR, RAIA: And in that paragraph if you proceed down, this is not to change, It's there, (As read): And to that end 8 Ordinance Review Committee Meeting November 25. 2008 16 11 it \l{ b shall possess all the powers to do all things reasonably necessary to provide such services. So after telling us to take care of the mangroves and to do everything in our power to see that they're taken care of ,,' MR, IAIZZO: Yes, But you have to .., DR, RAIA: Well, wait, Okay, I'm going to skip to page 9 of II, Section ]3, And there's some changes there, And I'm not really interested in changing the wording from committee to board, but down at the bottom, The execution of work program this is under D, (As read): The execution of a work programs shall be under the direct supervision and responsibility of the Pelican Bay Service Division Board, What was changed is it was under the County Manager. This clearly states, and I'll repeat, 'the execution of work programs shall be under the direct supervision and responsibility of the Pelican Bay Service Division to be executed by the Pelican Bay Service Division staff with the assistance of any additional County staff needed in accordance with the memorandum of agreement', which [ will address also, but it takes the County Manager out. In bold print Section II, the next page 10 of II, this Section 14, Duties of the County Manager (A) to participate in, these are the new words, 'to participate in the administration of the activities of the unit in accordance with the memorandum of agreement', whicb I will go over in a few minutes, a letter of understanding 'and to establish' before that it was he was to administer it. It's changed, He only participates in what we decide has to be done, MR LEVY: Yes, but read number C, Ted, DR, RAIA: I'm going to go down there, Well, C has to require any contract manager or an employer of the unit to report directly, Right. I have that circled and [ have it written as a conflict. Now, again, iI's a matter of interpretation, Would they go through all this verbiage of giving the Pelican Bay Service Division the responsibility to do all these things, clearly taking it away from the County Manager only to say here that the employee manager must report directly to the County Manager? My interpretation of that is you have to let the County Manager know what we're doing, I have no objection to that. Let the County Manager know what we're doing. But all these changes that were duly passed by the Board of County Commissioners were an attempt to give us more responsibility and latitude, But they refer to the memorandum of agreement letter of understanding, There were two letters; an agreement with the County Commissioners and it's a little bit smaller (as read): Efficient method of operation is to allow the Pelican Bay Services Division Board those powers and duties as may be necessary to achieve the benefits related to those purposely described in Section 13 of the ordinance, Section 13 is just what we went over telling us to take care of all these things including the mangrove forest. That the Board of County Commissioners shall accept the direction of the Pelican Bay Services Division Board and its policy decisions relating to the Pelican Bay Municipal Service Taxing Benefit Unit in conformance with Section 13 as amended, And so, again, it's directing us directly from where we are to the Commissioners, nothing in between, The second letter of understanding with the county manager, , , MR. LEVY: What page are you on, Ted? DR. RAIA: This is.., MR, PETTY: At the end of the book, third page from the last. MR, IAIZZO: In the back, MR PETTY: Second or third page from the last. MR. LEVY: Oh, okay. Thank you, DR. RAIA: Amendment to memorandum of agreement, letter of understanding in paragraph 2 (as read): That County 9 Ordinance Review Committee Meeting November 25. 2008 16114lLfb Manager shall accept the direction of the Pelican Bay Services Division Board in its exercise of decision and control of the day-to-day operations relating to the purpose and powers of the Pelican Bay Municipal Services Taxing Benefit Section 13 as amended, So he's actually saying that he's agreeing to this that the County Manager shall accept the direction of the Pelican Bay Services Division, Now, what the heck is the problem here? Why aren't things that we ask to be done, why aren't they done? And if they were done, we wouldn't be having this meeting, MR, PETTY: Madam Chair, if I could, While I very much agree with the emotion of the argument, the MSTBU is not set up quite so beneficial to the people of Pelican Bay, And I think we're taking out of the agreements and the amendments the strongest pieces while leaving some back in the text And let me say that what we just heard was paragraph 2 from the memorandum of agreement letter of understanding and let's put a name to this, This is not a conttact, folks, This is a memorandum of understanding, This is the same thing as a casual conversation that's written down, Now, this can be changed at any point in time, And, everything that what Dr, Raia told you was correct, he was reading it, except for the very last part of the sentence which was, 'unless and except there is some overriding governmental reason to do otherwise', and that governmental reason can be decided by the Manager or the Commissioners, And we don't really have a judicial process to go after. And that's whats been our issue is when we were in conflict with anything that the County wanted to do, we really didn~ have any judicial process or any procedure to go through other than going to the County and saying, please don~ do it And that put us basically out there trying to do our jobs the best we can until somebody told us otherwise, and then we don't know the reason why, In this case, Clam Bay, which I'd like to say we did a miracle and the people of Pelican Bay should be applauded, Every resident here should have a little statue on their mantle because of the money they put in or the time and effort they put in for Clam Bay, Because it isn't that many people that pay attention to the mangroves, If you've ever been in a boat at night, the mangroves are not your friends and the no-see-ums amongst them makes it a nasty place to be, For you to spend money to keep them there and to make them green again, that's a big deal. DR, RAIA: Okay. I'm not an attorney so I don't know the legal place for a memorandum of understanding, but this was signed by Mr, Mudd, by Jim Carroll, who was the chairman, and by David Weigel, who was the County Attorney at the time, I, at no time, did I ever deny the fact that the County Commissioners dictate whatever we do, I mean, but before they reached that point, they gave us a modicum of self-government so that we'd be quiet Let us take care of our affairs, But, you know, they arbitrarily, we have lost this just like we've lost.., CHAIR WOMAN WOMBLE: Ted, I'm going to have to say something about that. I don't think that we lost it. When you look at the amendment to memorandum of agreement, letter of understanding on page 5 of 5, and you read about how the Board of Collier County Commissioners have accepted the direction of the PBSD board and policy decisions, and that's No.2, and they go on and on about how to the maximum extent allowed by law we have the right to direct them unless and except when there is some overriding governmental reason to do otherwise, And then No, 3 they come back and slam us with, 'that all ultimate policy making powers of the Pelican Bay Municipal Service Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as ex officio board of the Pelican Bay Municipal Service Taxing and Benefit Unit pursuant to Florida law', It all comes back to they get to say what's the end of the end, That's it. DR. RAIA: You're absolutely right and I recognize that. So should we just dissolve and say the County should just take over, No, I mean, the County did want to set us up.., 10 Ordinance Review Committee Meeting November 25. 2008 16 I 1 A \\{b CHAIRWOMAN WOMBLE: I don't know whether we should or not, but you were making a point and I was disavowing that point as realistic because it comes back to the Commissioners. So you're heading into a different situation now than we were discussing. DR, RAIA: I was addressing that they took the care of the mangroves away from us and without addressing the point that they gave us these powers to take care of them, Now, when they decided to do that, they should refer directly to this ordinance it was amended in 2006 and give a reason why they considered it an overriding government need to do this, CHAIRWOMAN WOMBLE: Okay, DR, RAIA: At least address the ordinance that they passed and that we were operating under. CHAIRWOMAN WOMBLE: We've been operating under that ordinance, as ,you say; however, in each case that ordinance and the letter of amendment prettY much clearly defines the fact that the Commissioners are in charge of whatever final decision is made, They override us in every way because we're actually their board, Weare to give them advice, and whether or not they accept it is really up to them, No matter what's written in this, they still can make the end decision and they have, DR RAIA: I have no question of that. CHAIRWOMAN WOMBLE: I don't agree with it either and I'm frustrated by it. DR RAIA: I agree that they have the ultimate authority, but they would just a soon us do what we're doing rather than get into all the detail work here, All I'm saying is there should be some recognition when we exercise our responsibility and they use this power they have to take it away, CHAIRWOMAN WOMBLE: Ob, I believe they feel that they recognize us, They've said several times on open camera how wonderful we've done and what wonderful people we are and how marvelous the mangroves are and they're so proud of us, And then in the next five minutes they turned around and said, you know what, let's start a whole new committee, Ilooked and I listened and I sat there among them as they did that and thought, this is really an interesting situation, DR, RAIA: Well, in that ordinance it clearly states that we're responsible for water management. This is another case where the County has usurped that slowly over the course of the years where they don't even feel they have to notifY us that they're doing something that affects our water management system that we spent $12 million to construct and $800,000 a year to maintain, Yet, it's still in the ordinance and it's just one item after another where they give something and over the course of time they slowly take it back and put us back, So when they pass these things, and this was just 2006, it gives everybody a good feeling but there isn~ that wann, fuzzy camaraderie between us and the County if they're doing that. Which then leads us to what the alternative is, do we have to incorporate in order to maintain this identity? CHAIR WOMAN WOMBLE: That's a good question, Anybody have the answer? MR IAIZZO: CDD, MR. PETTY: Madam Chair, if! could, certainly it is an option, The reason there are MSTUs, MSTBUs, dependent districts, independent districts, and incorporation into municipalities is because of that level of control and independence and identity, What is the particular placement for Pelican Bay is what the residents decide it to be, what they feel is in their best interest. In my mind that's what this committee is looking into; what is available to you through the ordinance; or any other means the committee feels they should address. But, particularly by ordinance are there ways to improve the efficiencies of the services that we are currently responsible for, are there services that we think that we should be responsible for that we should ask or 11 Ordinance Review Committee Meeting November 25. 2008 161 1 A\4b petition the County to include, those types of things, The issue of what guarantees do we have while we are an MSTBU where we do not have a legal position, there is no procedure, We have to take the position of the County as being absolute because we don~ have a path available to us to go through a judicial-style approach, As a dependent district you do have the ability to some judicial acts, The County does have the power to appoint whoever they wish to your board, They do not have the power to come in and say your water management permit will be signed off on by our engineer, for example, They can't do that, but they can appoint who they think is appropriate and responsible to your board or they may look at your budget and say this is irresponsible, It's too big an increase or we think you should be ratcheting back 10 percent. They can do that veto on the budget, but they can't get involved in the minutia of day-to-day operations, So dependent districts do give you a modicum of dependence with still, oversight /Tom, if you would, the parent. Irs only through incorporation that you evolve be)Cond a parent concept. DR, RAIA: I would not want to set up a system where we want to have our lawyers fight their lawyers, We'd go broke, I mentioned two things that the County has taken away without really addressing the ordinance and that is the water management and the mangroves. There's a third thing that they haven't taken away, but they have threatened us that they would take it away if we were to do annexation or incorporation and that is the irrigation, Yet the Pelican Bay Independent District provides water, sewer, and itrigation water by way of maintenance, This is, I'm reading the studies done by the County: In order to take over the Pelican Bay Independent District to preserve the economic advantages afforded by the regional waste water services, the Board of Commissioners required, as indicated by the State legislative intent, neighborhood legislation, that the water and sewer district be merged with the general purpose government, which was the County, And August of 1989 a company that is studying said and made it clear that the succession rights related to the operation and maintenance of Pelican Bay Independent District water, sewer, and irrigation water system appeared to offer substantial long-term benefits to the property owners of Pelican Bay Independent District. Now, this was all information that was given to the court, The County can provide water, sewer and irrigation water services of better quality more efficiently and more cost effective than the water, sewer and irrigation water services now provided by the Pelican Bay Independent District. How after making these statements that they're obligated to provide these services, equal or better, can they say we're going to take it away from you if you talk about annexation or incorporation, They've intimidated everybody in Pelican Bay thinking that they can do that. MR. PETTY: Yes, I do not disagree, Clearly duting the transition of PBID to PBSD, a division of Collier County, through not only this reference but other references said that they would supply Pelican Bay residents with services equal to or better than those being provided by PBID, They did list them as potable water, irrigation, fire, and wastewater services and all that that entails including the collection systems, the distribution systems, the lift stations, the meter readers, the whole nine yards, And they basically adopted that through their resolution, and the County did agree to do that. Now, when the County I think it was two or three years ago, duting the annexation issues, I think we came before the Board of County Commissioners where they had a vote of confidence or a vote of understanding and they decided that they were not obligated to provide effluent to our community, CHAIRWOMAN WOMBLE: Right. MR. PETrY: That may be a fine way of saying that they have options, They did agree that they would provide services equal to or better than those being provided by PBlD. And so at the time PBlD was supplying a great deal of its irrigation water from a well field off of Immokalee Road, and it could be that they were just using semantics, ] do not think that they have the 12 Ordinance Review Committee Meeting November 25. 2008 16' 1 tHL\ b ability to withdraw their obligations in regards to irrigation water regardless of the source, That's my opinion of it. And I believe that the County feels the strong obligation to continue that service, And what they said may have just been an angry response to some of the things being said during annexation, That's what I suspect. DR, RAIA: And if that's true, that was addressed at the time they recognized that the Pelican Bay Independent District was providing the effluent water here sufficient to meet our needs, but that with the growth of Pelican Bay, it was strongly suggested that they would not be able to meet the needs, But at the time the north filtration system was being built, the wastewater plant was being built, and the County came strongly saying that we are able to meet the future needs, And that's another reason why we should be allowed to take over the Pelican Bay Independent District. MR PETTY: Madsrn Chair, I agree that that was correct. In '89 the County was very concerned about having effluent-usage customers by contract. Pelican Bay was the only one using effluent at the time in this area, CHAIRWOMAN WOMBLE: Oh, [didn't know that. MR, PETTY: As such they wanted us to be their flagship so that the rest of the golf courses and other community's would get on-line, So, yes, they can that is a correct statement and very good research work. CHAIRWOMAN WOMBLE: Good going, Ted, MS, CRA VENS: Can [ comment on a few of those things? CHAIRWOMAN WOMBLE: Since we're having a rather open committee meeting here, I feel very comfortable with that. Go right ahead, Marcia, MS, CRA YENS: The letter of understanding, slash, memorandum of agreement that was amended with the 2006 ordinance, I have a few comments on some of the things that were discussed here, That particular letter of agreement, letter of understanding, agreement, whatever, actually is cited in the ordinance. It's not that it doesn't carry any weight. I think the fact that it's cited in the ordinance as being part of the ordinance gives it great weight. And it is cited in the ordinance as a way of further illustrating the intent of the ordinance. And rather than go to the very last statements that are in the ordinance and in the letter of understanding or amendment to the letter of understanding, I would say go to the first part of it, the part where it clearly describes the intent to allow the Pelican Bay Services Division Advisory Board to have decision-making capacity, And I would say that that actually derived from conflict. There was conflict way back when, and Dwight Brock became involved in it. That letter of understanding and the new ordinance came about as the result of a number of meetings between the County Manager and Pelican Bay Services Division Board where Dwight Brock acted as mediator. And that's how these things came about. So it's not that we have nowhere to go, Here we are in conflict once again, Maybe we need to address this conflict officially. And also the whole issue about the new Clam Bay Advisory Committee it has not taken away the mangrove forest from us or the conservation area, It actually has no scope, The Commissioners have agreed to create this new committee, but they left it wide open as to what the scope of it would be, So we have the ability to lobby our representative, one of whom is Jim Carroll, and other members of that new committee to try and help them get a better understanding of the issues from our perspective. That's one thing we can do, The other thing is there are rules that Collier County has itself. There's an ordinance that tells you how to create an ordinance and what you cannot do, You cannot create an ordinance that's in conflict with another ordinance. And so I think that there are some issues here that we kind of need to see how it's going to play out. Thank you, CHAIRWOMAN WOMBLE: Thanks, Marcia, Anyone else? Jerry, 13 Ordinance Review Committee Meeting November 25. 2008 16 I 1 A\L{ l., MR, MOFFATT: I'm Jerry Moffatt. I'm just trying to follow the discussion here and understand what it is that created this meeting in the first place, What's the issue? I've heard a lot of talk about what alternatives are and none of which seem particularly good, And, I don't know what's so bad that we're trying to fix, So, I'd just like to understand better what the problem is we're trying to fix, We've had a little bit of discussion about incorporation, but is that under this board's prerogative to pursue? CHAIRWOMAN WOMBLE: No, Okay. No. The reason why we did that was because we want to understand exactly what our rights and powers are and what might be the rights and powers of a different type of government so that we can be better infonned as to what exactly we are fueing and feel concern over might be amended or alleviated by a different way of handling things in this community, And to that end we needed to understand the differences and the rights and abilities of each one of those smaller independent, dependent, incorporate, whatever, type of community in order to know where we could head, if we are doing our job, And, evidently, we are because the Commissioners keep patting us on the back, We want to know if that's not good enough, Is there some other way we can go in order to do the job the way we feel that we need to with the powers that we need to have, Is that prettY well succinct, Ted? Actually, you should be asking Dr, Raia because Dr, Raia is the one that thought this was an important committee tu form and he's been spearheading most of the infonnation about what we're looking at MR, MOFFATT: Well, I wasn~ directing my question to anyone in particular, But if! understood Mr. PettY in his description of the alternatives, none of them offer a better end result than what we now have absent perhaps incorporation, And I wasn't sure that this committee ought to be pursuing that And even in this community with the backlash against it a year or two years ago, I think we ought to let someone else get tarred and feathered on this subject DR, RAIA: I'm used to being tarred and feathered, MR MOFFATT: Not as part ofthis organization, DR, RAIA: I think incorporation is just on the table as another fonn of government, not that we as the services subdivision are going to pursue it At the same time, if it does happen, we're going to be part of it We're going to have to have a voice in something like that. What I'm bringing out right now, though, that incorporation issue was just two years ago. And it was mainly shot down because the County was not going to give us effluent water, And that turned a lot of people off saying that we're going to payout of our pocket for potable water to irrigate ourselves, I don't think that's fair for the County to do that, I think people had been misinformed about that And if this issue ever comes on the table again, I think that they ought to know the fuets before making a conclusion, You know, we can just lie back and accept all these things, Personally, I really feel insulted that they treated us the way they did after so many people volunteered so many hours and were so successful in taking care of the mangroves, Then to arbitrarily say that Clam Bay now extends down to Fifth A venue and try to pool all the pollution and let something runoff on us where the waters here in Pelican Bay are pristine clean was wrong, To say we have to put navigation signs up when the charts clearly state it's not navigable waters, I mean, I don't know where they're coming from, It's one thing after another, So to me there are issues, Now, recently, dealing with this water management There was a time if you read the old minutes of Pelican Bay Independent District their meetings were occupied talking about water management; new development going in; are they meeting the demands of our system, Now, suddenly it kind of disappeared to the point we never even receive the plans, That's wrong, So I just think personally as a concerned citizen that these are issues that the people should be made aware of and move in a direction that they so choose. MR, PETTY: Madam Chair, if] could put my two cents in, 14 Ordinance Review Committee Meeting November 25. 2008 16 I 1 ftl4 b CHAIRWOMAN WOMBLE: Go ahead. MR, PETTY: The ordinance has been modified quite a bit since 1990, There have been changes, you know, as things have moved forward, And Jim Carroll, as chainnan, made some considerable changes in the ordinance in 2006, And while some of them are privileges, others were, I'd like to consider, advancements of what we do, I like to think of this committee as following those examples of past modifications and what Jim Carroll basically was able to start in 2006, And that's why I focus on the stewardship of Pelican Bay and how can we increase our efficiencies and delivery services and responsiveness to the residents, And if it takes a change to our ordinance or the inclusion of a new service, then that's what the committee should look at, If it looks at evolving into the next level, whether it be a dependent district or independent district, any interface with the County, and both of those would require an interface with the County, I think should come from us because that's our entity that we deal with, That's our interface. So as long as it is done professionally and equitably, I think it's very appropriate for us to consider those issues, And I look at this more like a family, And when we talk of better ways to do things, in particular like the water management permit where I personally agree that we could do a better job of looking at that. When we talk about these things, I don't mean to be derogatory towards the County since their name is on my paycheck, but more of speaking like I would of a brother or a relative where I tell people that they're a little loose in the heads sometimes, that the County may be more preoccupied with far more responsibilities than what we have here in Pelican Bay, and they just can~ give it the attention that we can, So that's the way I like to look at it and I think that's what the committee has been set up to do, CHAIRWOMAN WOMBLE: Uh-huh, And let Kyle do it all. MR, PETTY: Or we blame him, CHAIRWOMAN WOMBLE: Marcia, MS. CRAVENS: I just would like to say that Mr, PettY speaks about how the ordinance bas been amended over and over again, Well, as you'll see that it states in the ordinance itself, it is to be reviewed every four years, Thafs why I was a little surprised that we seem to be reviewing it now when it's only been two years, and we actually have the strongest ordinance we've ever had for our MSTBU, I feel a little wary about opening it up right now to changes because, as we know, there are sometimes when that is done and we may think that we're moving in one direction and we find out very differently that what actually occurs in the end is in a completely different direction, So I would just urge caution before making changes, And maybe it needs a little more investigation, particularly as to what the Florida Statutes say, about MSTBUs and what our real legal rights are that we can ask that they be upheld, DR. RAIA: And I agree with you, Marcia, I would be satisfied for a start that we call the County to please observe the ordinance that was amended in 2006 with no intention of going anyplace else, But, to me, in the past two years they've drifted far apart from it. MR, PETTY: Madam Chair, if I could I'd like to address two points, One is that the ordinance isn't scheduled to be reviewed by the County until 2010, CHAIRWOMAN WOMBLE: Right. MR. PETTY: And setting those time frames for a mandatory review are something thafs fairly nonnal. It's called a sunset provision where these items are not just left out there to go on for the next 50 years, that there is a sunset provision where it wilt be reviewed again to see if it's applicable, And the County put the four-year number to it. That doesn~ mean we're locked in 15 Ordinance Review Committee Meeting November 25. 2008 1611 A\~~ for four years, If we see something that needs a change, certainly we should do so in a timely fashion. Whether it coincides with the four years or not is really not gennane, It's more for the sunset provision than anything else, Second, we continue to hear this opinion on legal rights, And I find myself in a defensive posture since I'm the only one that has spoken to that so far, And in trying to get my head out ofthis noose, may I suggest that at the next meeting that we have legal counsel here so that you may ask them specifically these legal questions and get their response, Keep in mind, now, this will be Heidi or someone similar from the County Attorney's Office, but you will get a legal opinion, DR, RAIA: The County's legal opinion, MR, PETTY: We are a division of the County so this is us, DR. RAIA: No, I agree, CHAIR WOMAN WOMBLE: Well, then let's suggest that they send someone, please. MR. PETTY: We will be glad to invite them to the next ordinance review committee, CHAIRWOMAN WOMBLE: That would be lovely if they could find the time to attend, MR, PETTY: And I appreciate you letting me escape from this whole noose, CHAIRWOMAN WOMBLE: I think that's probably wise, I see Mr, Naegele has his hand up, MIL NAEGELE: Bob Naegele, Viscaya, This morning at the Pelican Bay Men's Coffee, Mr, Henning addressed us and he did an admirable job, And one of the questions that came up and still seems to be unresolved is the question of the pursuance of the mangrove permit, And on April 16th or April 24th, when was it? MS, CRA YENS: April 22nd, MR, NAEGELE: April 22nd meeting of the Board of Collier County Commissioners they gave us tentative approval, help me John ifI'm overstepping my bounds, to go ahead with the mangrove permit. Maybe it's abbreviated, Maybe it's not ten years, Maybe it's five years, CHAIRWOMAN WOMBLE: It was five, MR, NAEGELE: It was five, And then consequently, a new ordinance emerged which really seemed to say, 'no good deed goes unpunished', You haven't earned the right. And what we'll do now is we'll expand Clam Bay to, well really it's not Clam Bay, Ifs really like a watershed district from Wiggins Pass down to Fifth Ave, Now, that was uncalled for, It was unfuir and... CHAIRWOMAN WOMBLE: Did Mr. Henning actually state that? MR, NAEGELE: No, CHAIRWOMAN WOMBLE: You're opining, MR, NAEGELE: But here's what he did say, CHAIRWOMAN WOMBLE: Okay, MR, NAEGELE: In the presence of the new ordinance, the previous permit application, that action was taken place on April 22nd has not been rescinded, MR, IAIZZO: Never denied. MS, CRAVENS: Exactly, MR, NAEGELE: It has not been denied. So at some point I believe that the PBSD was going to pursue this to the point 16 1611A:14b Ordinance Review Committee Meeting November 25. 2008 where somebody had to stand up at the County and say, no, we will not do that. But at this point, it seems to me that has not been rescinded, John, help correct me there, please, if! have made a mistake, CHAIRWOMAN WOMBLE: I don't believe it has however... MR. PETTY: But, Madam Chair, there's nothing to be rescinded, And this is a discussion that comes up from time to time, I've talked with Marcia about this, We've certainly talked among staff and I've talked with the County Manager's office about this as well and Heidi from the County Attorney's Office as well, A couple of points, We did go to the County and we were asking for this, the authority to prepare, sign and submit our permit, and by motion, second and approval, I think it was a four to one or a three to .. _ no, I think it was four to one. CHAIRWOMAN WOMBLE: Four to one, MR, PETIY: They approved that and gave us that ability, Now, the reason we asked for that is prior to that we were getting direction from the County Manager's office that only the County could sign, And we were trying to say, well, we had signed the first ten-year report this same way by asking permission and that we are a division of Collier County. And why all ofa sudden are we being treated as if we're invisible? We would like the permission to submit nothing more than what we did the frrst ten years and the second ten year or the five-year continuation of that same concept. And the Collier County Commissioners listened to it and said, that's fine. It passed by a four to one vote go abead, prepare, sign, and submit. We said, thank you very much, And by the next County Commission meeting a new group had been brought up and they were approved by ordinance, We were not. Our permission was simply the Commissioners' delegating authority to staff, which can happen by a simple vote, An ordinance is a two-step process, There's a first hearing and a second hearing, So ours was not an ordinance, Ours was direction to staff, And as far as I know, we still have that authority if we are empowered to do the work, We got specific direction from the County Manager not to do the work, That doesn't mean .., hold on, Hold on, Hold on, That doesn't mean that the County Commissioners have pulled back their authority should we ever have that responsibility in the future that they may allow us to prepare, sign and submit. But the County Manager told us not to do that. They have changed the work, Now, there has been that question, Do we have the power to go forward? Do we have the power to contest the County Manager's direction? And the answer is absolutely not. We do not, The board can discuss policy that is against any procedure, policy, or determination by the County Manager, That's true, But any action requiring funding or legal liability or legal power we do not have to go beyond the County Manager. In this particular case we have a contractor who prepares our permit application, We must pay this contractor, We have no funds in our name, We must go through Collier County to get our funds, and they have to sign off on every single requisition that we submit. Should we submit one contrary to the County Manager's direction? I guarantee you it will not be paid, DR, RAIA: Who approves the budget, the County Manager or the Board of County Commissioners? MR, PETIY: It doesn't matter, sir, DR, RAIA: Who approves and who sets the rates for anything? MS, CRAVENS: It is in the ordinance, MR, PETIY: Sir, all the revenues and the budget for Collier County are approved not by the Manager, They're prepared by the Manager, but they're approved by the Commissioners, DR. RAIA: Yes, 17 Ordinance Review Committee Meeting November 25. 2008 1 6 I 1 Itl ~ J, MR, PETTY: What's the point? DR, RAIA: The point is that if we incur an expense as an arm of the Board of the County Commissioners, and that's what I consider ourselves, and especially since it's our own funded money, that they will be the ones to approve it, not the County Commissioner, not the County Manager, MR. PETTY: Let me explain this very clearly, DR. RAIA: That's what I'm trying to hring out in this ordinance that they", MR. PETTY: Sir, that's not correct. That's not correct, Number one, it is not Collier County Commissioners who handle the money. It is the Clerk of Courts who handles the money, Now, the Commissioners handle the policy and the County Manager implements that policy, And they have access to the money undemeath the Clerk of Courts' procedures and checks as we are, We must go through the County, As you recall, I told you we are in a three-step process, We must go through the County's procedure and accounting and budgeting requirements, And then we're hit by the Clerk's requirements as well, Both of which have stopped our payments and have asked questions and continue to do so, And, sir, I can guarantee you that we have had obligations that they have refused to pay in the past, refused that we incurred in doing our work. There is no trouble at all with either one of them stopping payment of anything that they perceive to be outside the policies of either the County Commissioners or of the Clerk of Courts, DR. RAIA: We would not want them to pay anything that was outside of our policies and outside of our jurisdiction, That's not the point. The point I'm making is that in 2006, the care of the mangroves W8. particularly inserted in that ordinance by the previous chairman of the Pelican Bay Service Division, In that same paragraph it states that we must do everything in our power to fulfill these obligations and that's just what we're doing, I'm not going contrary to policy, I would agree with that. I wouldn't want to fund anything that's contrary to policy, MR, MOFFATT: Can I suggest that when we get the attorney at our next meeting that that question be directed to the attorney and put this to bed once and for all. Someone does not believe you, John, So let's get a higher authority to tell us what the answer is. MR, PETTY: Madsrn Chair, I appreciate the suggestion, We have already gotten the opinion from legal counsel at the County on this issue, It hasn't resolved the question being raised again, Although] have no trouble with asking it again, MR, MOFFATT: Was that a written opinion and, if so, can we get a copy of it? MS, CRA YENS: Can I ask a new question to be asked? MR. PETTY: If I recall correctly, Madam Chair, that was made by Heidi, And I can't remember if it was on an e-mail attachment or if it was done vocally, I can't recall, MR, LEVY: What did she say, John? MR, PETTY: Basically, that the County Manager was in charge, And if he said stop, we had to stop. If I recall, she was in the meeting, MR. IAIZZO: That's what I thought too, MR. PETTY: So, Madam Chair, I'm not trying to cause any difficulties in this he said/she said nor do I like the idea of working in a community pulpit where everybody puts on their lawyer's hats, But let me suggest to you that there really are two options, Either you take the word of County, legal advice from an attomey who we could have at the next meeting, which I think 18 Ordinance Review Committee Meeting November 25. 2008 16 I 1 A\~ 6. you already know the answer to, Or, you have to look at are you ready to try and push the envelope and see if we can incur these fees and push the issue to a different level. CHAIRWOMAN WOMBLE: However, to incur these fees means it's coming out of everybody's pocket sitting here as well as everyone else on all those streets out there in this community, Because you know the Collier County Board of Commissioners is not going to help us. MR. PETTY: Madsrn Chair, when the chair, Mr. Henning, appears and asks these questions about why you still have a position, I think he's telling you of a political position, I don't think he's telling you, you have a legal position, And I think that's where we're getting into trouble, If this board is really considering going outside the direction of the Manager and the apparent intent of the Commissioners in adopting a new committee and all the commissioners are fully aware that we are not pursuing the permit, if we are really looking at trying to press the issue by going forward based on that approval in August of preparing, signing and submitting, I think that may have consequences that we need to talk about before we move, DR, RAIA: John, I would like Ms, Ashton-Cicko, is it.., MR, PETTY: Heidi, DR, RAIA: Heidi to be here, I respect that she did make that statement, but I would like her here and base that statement that she makes on what we have read in this ordinance, this ordinance substantiates how she arrives at her opinion, and let her also interpret what's written here. CHAIRWOMAN WOMBLE: I suspect.., DR, RAIA: I think that would be helpful. CHAIRWOMAN WOMBLE: I suspect if we were to request her understanding of the situation and that this has arisen since April 22nd time and time again, that maybe she could also make the explanation and maybe we can put it to rest. But I think we need to let her know that we are concemed that everyone understands it and we're all on the same page, That way we can go forward, but we need everyone to hear another legal person giving us some advice as to what this ordinance or where we really stand in tenns of this new pennit that we were hoping to apply for, And then we can just go on, Get her to explain what I believe I saw in some of the e-maiIsIhaveseen.ldidseethat.Soldon~ think she'll have any problem with going back over it because she's already seen it. So that would be a good issue and it would be a way to make everybody feel more comfortable, And I think that would be an excellent thing to do, Marcia, would you like to explain something or say something? MS, CRA YENS: Yes, Just that the County." CHAIRWOMAN WOMBLE: This poor lady's job is hard enough and so is this one right over here, MS, CRAVENS: I just want to kind of make a comment here that the County Manager is not a policy maker, The Commissioners are policy makers, Their policy are indicated by resolutions and ordinances and official decisions that they make in their chambers, They made an official decision on April 22nd that allowed the Pelican Bay Services Division to prepare, sign, and submit to the State and federal agencies, That's the way it reads, They approved that April 22nd, The County Manager is not in a position to interpret that or make a policy decision that is different from what that direction was, And I think we need to understand that the legal opinion from Heidi is her legal opinion as a County attorney, And there are some ofus who are seeking independent legal opinion about this same question, The fact that the Collier County Commission created another committee as a Clam Bay Advisory Committee has not taken that away from us, They have not detennined the scope, There is no actual stated 19 Ordinance Review Committee Meeting November 25. 2008 16 I 1 A 1<<110 ordinance for that new committee, Mr, McAlpin submitted one and it was rejected. It was not approved, That ordinance that Mr, McAlpin wrote which gave all these indications about the new Clam Bay Advisory Committee dealing with permits and defining where it was, was rejected in favor of the new advisory committee determining their own scope, So it's not a situation where if PBSO submits the permit that they are acting contrary to the Board of County Commissioners, They're not. Not at this point. I don't know what will happen down the road, but at this point, they have not rescinded their April 22nd decision, They have not created a new advisory committee that seeks to take over what PBSD is doing because it isn't dated yet, And those are just the points that I wanted to make, We're making assumptions here, We're not basing this on fact. And the County Manager making his stand that this new Clam Bay Advisory Committee is to take over what PBSO has been doing is also an assumption because that has not been determined yet. Thank you, CHAIRWOMAN WOMBLE: Thank you, Mr. Naegele, MR. NAEGELE: Yes, CHAIRWOMAN WOMBLE: Did Mr, Henning give you any implications of any suggestions, advice about anything to do with this permit or Clam Bay? MR, NAEGELE: Not.., CHAIRWOMAN WOMBLE: You as a member of the audience, MR. NAEGELE: .., Just.., CHAIRWOMAN WOMBLE: He just was remarking on the situation? MR, NAEGELE: Remarking that one had not been rescinded, It might be better off to go and ask if this one supersedes the April 22nd, then you ought to rescind the motion that was made then, Because right now you have two visions, You're working in division, And that's apparently where we find ourselves between the new Clam Bay Advisory Committee and the April 22nd statement or action by the County Commissioners, MR. PETTY: Madam Chair, with all due respect to the men's coffee to Marcia Cravens and to everyone in the audience, I find it remarkable that the Pelican Bay Services Division, which was established by the County Commissioners with the responsibility of Clam Bay, would go to the men's coffee with information or would go to Marcia Cravens with newfound information and direction without coming to us, I find that remarkable, My caution is still there, Before we do any action that would press this issue from a legal format, I think we take a long look. And in bringing in legal counsel, I expect it to be respected for what it is, and not conditioned upon interpretations like we've heard, I would expect that we show that professionalism, take that legal presentation, ask relevant questions, and work from the response, MR, MOFFATT: Perhaps Mr. Henning and Mr, Halas do not get along, MR, PETTY: I don~ know why, CHAIR WOMAN WOMBLE: That's a real possibility, You know.., MR, MOFFATT: We all know the answer to that. CHAIR WOMAN WOMBLE: Sometimes there are problems among people, yes, MS, CRAVENS: Could we ask Dwight Brock's opinion on this matter also? DR. RAIA: I don't know if you want to get caught in this one. MR, PETTY: Madam Chair, there is no juris prudence, judicial position, overriding checks and balances that Mr, Brock 20 Ordinance Review Committee Meeting November 25. 2008 16/1~1~ has other than being in charge of the money, And him acting as interpreter or our bargaining agent or mediator is something that may have been decided by two groups as a reasonable issue, but we don't have the option of petitioning Mr. Brock's office for an opinion, Nor do we want to be seen as aggravating that somewhat open rash between the Clerk of Courts and Collier County Commissioners that exist today without having some understanding of what's going on, DR, RAIA: Do you have any idea why the County Commissioners did not rescind that? MR, PElTY: Again, sir, I take it as direction and approval for staff action was what they gave us, And the second issue was an ordinance, which is a law, I see them as entirely two different entities, And certainly the ordinance enacted after the instructions gave new instructions and changes, That's how I see it and I've been in this business for over 20-plus years, That's how the practice works. That's how it has always worked, If there are any changes otherwise, I would find that to be something new. MR, LEVY: John, the ordinance established the Clam Bay Advisory Committee? Is that the ordinance you're speaking of? MR. PElTY: The ordinance is where they directed staff to come back with what they recommend, Staff did, They had a first reading, They had a second reading, They instructed staff to now go out and fill the positions for this advisory group that was going to handle Clam Bay and all the bigger issues that the County wished to look at in Clam Bay, which includes this expansion in size, and look at flora and fauna conditions as well, And they put out their standard policy advertisement for participants in an advisory committee. And the advisory committee was going to report directly to the County Commissioners versus the CAC and then to the County Administrator, DR. RAIA: There's no conflict, John, between that pennit and this overriding committee, I mean, this is the point that's not quite clear that if they felt it would be a redundancy, I should suspect it's incumbent on them to have rescinded it. It ahnost seems like they're dangling that out there to challenge us to see what we're going to do with it. CHAIRWOMAN WOMBLE: I can't agree with that, Ted, DR, RAIA: Well, I didn't ask you to agree with it. CHAIRWOMAN WOMBLE: No, I know, However, I find you delightful and a lot of your things are just really incredibly well-researched and thought out, but in this case I was sitting right there, And I was watching the byplay among the Commissioners during that particular meeting, and I believe that Mr. Henning was uncomfortable with it not being rescinded, and I think that Mr, PettY's comments about what an ordinance is and what you can do and what you can~ do and whether or not that was an ordinance, since it was a direction, makes a big difference, And I think Mr, Henning may not have understood, Am I on the right track here, Mr, PettY? MR, PElTY: I think Mr, Henning does understand, but I don't know what the issues are amongst the Commissioners or why there would be a message given to the men's coffee for actions that would not have been communicated to PBSD, I mean, we have sent emissaries to talk to the Commissioners to find out how this happened because we were more than a little bit shocked that it had been moved, MR, MOFFATT: Perhaps it's gasoline on the fire, DR, RAIA: But the fact remains we do have a budget for Tim Hall for the next year, but", CHAIRWOMAN WOMBLE: Mr, Naegele.., 21 Ordinance Review Committee Meeting November 25. 2008 1611 *\tt~ DR. RAIA: '" whether it's for this permit or not, you know, I think he's going to be paid to monitor the mangroves and I feel some relief that we have carried out that responsibility, Unless the County comes in and directs us that they don't consider the services are needed anymore, that would be definitely the last sttaw, MR, NAEGELE: I didn~ mean to put words in Commissioner Henning's mouth, but he did mention the two separate actions, And the other thing he said one was not rescinded, Now, that doesn't put an editorial statement out one way or the other. He was just stating the facts, And, John, you would confirm that, wouldn't you? MR. PETTY: Yes, sir. I would, I don't know what his intentions were other than to say, I think he may have been hying to tell the men at Pelican Bay at the meeting that the County Commissioners had approved such an act at a prior meeting, and that the later act of Clam Bay may not have been or he does not wish it to be viewed as a political negative amongst the residents of Pelican Bay, That could have been the simple message, But if there was a directive, such as, you have this option available to you, I must again say I find it remarkable that we did not get that direction to us who have been in contact with County staff when we have sent emissaties to talk with the County Commissioners that we have not heard that. So I find it odd that after this long relationship of 18 years that he knows best and he's only been on one date, MR, IAIZZO: Well, can I comment on that? I was at that meeting this morning too, And Mr, Henning said, our petition or request for continuation of a five-year permit was never denied, but it was never approved also, So it really fell flat. And I don't know if we should run with that saying we've never denied, Does that mean it's possible that it can be approved? I don~ know, CHAIR WOMAN WOMBLE: Have you gotten any sense from the people who have gone and talked to the different Commissioners as to whether or not it would be appropriate for someone to go and say to them as a board, we would like to know if it's possible for us to go on further with this because we are seeing that the committee is going to have some time getting their agenda together and this needs to be clatified and five years would be nothing much in the life of mangroves? MR, PETTY: Nothing much, absolutely, CHAIR WOMAN WOMBLE: And, gee, we're here with our hat in our hand, MR, PETTY: I don't know that I can give you any hope there, Mr, Burke talked to them as our liaison, Spaniard talked to them as a past liaison, I believe, Our chairman, Coleman Connell, went down there and talked to them, John Domenie went down there and talked to them, Dr. Raia went down and talked to them, and Dr, Raia is the only one that survived, CHAIRWOMAN WOMBLE: I noticed that we don't see anyone else here, MR, PETTY: No, Everyone else was so disenfranchised that they're no longer here, CHAIR WOMAN WOMBLE: I knew you were special. MR, PETTY: Tougher than most. So I don't know that sending them a letter will do us any good. I think the step of reaffirming that legal position, make sure that there's no misunderstanding is a correct one, Irs following due diligence, but I wouldn't start talking about any legal actions outside of that reference work at this time, And I'll stop there, Madam Chair, CHAIRWOMAN WOMBLE: Good thinking, Okay, I think we've beaten that one to death, Marcia. MS, CRAVENS: Just one last comment. CHAIRWOMAN WOMBLE: Loud, MS, CRA YENS: One last comment here is that you're hying to say the motion that approved PBSD to prepare, sign, 22 Ordinance Review Committee Meeting November 25. 2008 1611 A-I~b and submit the five-year management plan to the state and federal agencies is apples and oranges to the new Clam Bay Advisory Committee, What I'd say is if you want to compare apples to apples, let's compare the new Clam Bay Advisory Committee ordinance against the ordinance for the MSTBU, That would be more of a comparison of apples to apples, That might be one reason that we're here today looking at our ordinance is because potentially there is a conflict between those two ordinances, And I think we need to understand that a little better. CHAIR WOMAN WOMBLE: At least potentially, but as you brought up earlier we're assuming", MS, CRAVENS: Right. Exactly, CHAIRWOMAN WOMBLE: .., and the assumption can't be put out on the board yet until we have a fact. Okay, Jerry, MR, MOFFATT: I'm just wondering if we're going to get to Item 4 on the agenda, SERVICE IMPROVEMENTS THROUGH ORDINANCE CHAIRWOMAN WOMBLE: I think by November 27th we will be there, Okay, Actually, we've touched on that to some degree, And, Ted, that was your agenda item, Do you have something, service improvements through ordinance on water management, beautification, and street lighting, Actually, we have talked about quite a bit of it. MR, PETTY: Madam Chair, if I could set the stage for this, Your administrator and staff are not very happy with the way the water management permit review process is currently going. CHAIRWOMAN WOMBLE: Neither is your chair. MR PETTY: We don't think that anybody is out there intentionally giving us any trouble. We think that the process over time has just evolved to one where we're no longer confident that we're protecting the interest of Pelican Bay, Now, that being said, this last review process was basically decided by South Florida Water Management District who is in control of the permit process when it comes to drainage. Now, Dr. Raia and I and several other members of staff went out and talked with representatives of South Florida who readily admitted that their review", CHAIRWOMAN WOMBLE: Was this Mr. Foley? MR, PETTY : Yes, CHAIRWOMAN WOMBLE: Okay, MR, PETTY: .., did not go down to the level of our special conditions of our permit which he guaranteed us South Florida would hold Pelican Bay to sbould there ever be a problem in the future, So we asked then shouldn~ we be a part of the process, And he agreed that that was the policy of South Florida and then recommended we monitor a website, I told him he may have the best website I've ever seen, but I'd prefer an e-mail notification that somebody had applied for a modification or that he would call, He said they don't currently have a policy for that. CHAIRWOMAN WOMBLE: Do they know how to use United States mail where you have to register a letter? MR, PETTY: They are in a political position where their attorneys have advised them not to do so nor to agree to doing so and to always state that South Florida is the sole entity that may allow a modification of a permit or who may give a permit, Although thafs not the argument, that's the constant referral back that we've gotten, The other issue, of course, that we have is that Collier County is the holder of the permit. It is in their name since they absorbed all the PBID and its responsibilities, And they put that responsibility of managing the water management system on PBSD, In this case they believe that all actions were 23 Ordinance Review Committee Meeting November 25. 2008 161 I 41'1~ handled appropriately, And I don't say that it was handled improperly, What [ do have is this to tell you, We have been honoring not only this application for permit modification, but several others including this very building that we're in, which have applied for a modification to the South Florida Water Management Permit where they asked for an increased impervious allocation above and beyond what their site is supposed to get by average, Now, there is a process where you can give them more than that because you're dealing with an average here as long as you average the right amount. But what you have to keep in mind is overall in this Water Management System 3, the third system in Pelican Bay, and we have six or seven"" CHAIRWOMAN WOMBLE: Seven, MR, PETTY: .., seven counting the Strand, is that each one has its own criteria and its own amount of pervious and impervious, In this particular one we're doing an audit now with Wilson Miller, since they have most of our old records, and we're trying to tighten that up, but even now we're looking at it. And when they looked at it as a system in total and they say, well, your impervious, as in the last application is at 52 percent or on this site where ifs at 61 percent, does the system have any extra pervious to give you to cover your new asphalt's problem, If so, South Florida will allow the permit because their rules allow them to, We're looking at it from that position that says, well, where did they get the extra pervious from, In this case we don~ know. For this entity to get extra pervious, did it come from the commercial area? Did it come from one ofthe developments in between here and the coast? If so, when they ask for their new tennis court or their clubhouse or the two extra handicap spaces, we may not be able to give it to them because we've already used it up, Currently, our draft inventory for System 3 shows that System I is capped out. I mean, excuse me, a single family, which is group Type I is capped out. Nobody can come to us and ask for another ten-foot garage partition, sidewalk, we don't have anymore impervious land to allow, They're capped. Nobody can put in another piece of concrete, single fumily, In Group 2, we're capped. Nobody can put in another piece of concrete, And [ guarantee you there are entities out there who said, wait a minute, [ know I have it on my property because I did not pave over as much as I could have. The issue here is somebody else took it, and South Florida has allowed it. This goes to why we'd like to talk to you through the ordinance process about how we could do a better stewardship, how we could bring better services to Pelican Bay and the residents thereof. We think that while South Florida handled this process correctly and that Collier County handled its process correctly, by keeping us out of the loop, we weren't able to handle Pelican Bay's issues correctly, So we'd like to work with you all in this process to not only handle the water management system, but also the beautification process and street lighting as well through ordinance review or any look at evolution of the Pelican Bay Services Division, I hope that sets the stage without going too far, CHAIRWOMAN WOMBLE: So it's possible that sometime in the future there could be a development that wants a swimming pool or a tennis court, [ already know now that renovations at my house are now going to be a problem. [can't believe this, but anyway there's a story here and I'll tell you-all later; but, so who gets to be the bad guy and tell these people that it was given away? MR, PETTY: I vote for South Florida, CHAIRWOMAN WOMBLE: [think so, MR, PETTY: Mr, Foley in particular is a nice enough young man who has a lot of energy, CHAIR WOMAN WOMBLE: He's young enough, He can take it. MR, PETTY: And if not, I think he's quick enough to get a good running start. 24 Ordinance Review Committee Meeting November 25. 2008 16/114-l'+6 CHAIRWOMAN WOMBLE: Did they realize the implications of what they've done? Do they understand it? MR. PETTY: Dr, Raia, did you get the impression they understood completely? DR, RAIA: They really don't. And it really is very confusing and I don't know if we'll ever get to the bottom of it, but too much water has gone over the dam at this point because we lost track of the submissions. MR, PETTY: In the '90s? DR. RAIA: End of the '90s someplace, They just stopped so many. And, actually, I don't know what study the South Florida Water Management District did with this particular permit because we're really granted on the grounds that a previous permit had been issued for this same property, And this particular plan is 0,66 acres less than the previous plan, If that plan was approved and this is less impervious, therefore, this should automatically be approved, but '!OW as far as I know no real study was done at this time, Now, maybe some study was done back in 2001 with the first submission of the Cap d'Antibes, but that would have 86 percent impervious when it should have been 46 percent impervious, and we'll never know because those plans were never submitted to the Pelican Bay Service Division for review, and thatls it. CHAIRWOMAN WOMBLE: I suspect it was done back when we found the problem with some other issues. I won't go there, Jerry, MR. MOFFATT: I was just going to ask what the practical implications are of South Florida not approving a permit, our permit. MR, PETTY: It's a very good question, The day-to-day, nothing's going to change and you shouldn~ expect any change until something bad happens, whether it be nutrient loadings increase in Clam Bay, And as we all know, that has been a topic that's been thrown out there, We know ifs not 1rue, but it's been a topic that's been thrown out there, Should there be a nutrient or pollutant that enters the bay through our storm water system, that's the time that the impact of all this would be felt by the Pelican Bay residents, I doubt very seriously that Collier County will open its general-fund purse to cover the cost of such an adventure, I doubt very seriously if South Florida will open up its purse strings with its billions of dollars to answer the question, And we've got direction from Mr, Foley that if the application from the engineer from any site has not done his homework or has missed a step or even if the facility did everything it was supposed to do, but still produces a nutrient discharge, that they will hold that landowner to task, [find that surprising since they've never done that before, They're going to go to the Permittee of Pelican Bay, which is PBSD and Collier County, And they're going to say, we've heard a report that your nutrient loadings or one of our samples is going to come in above the normal and there's going to be action by South Florida for correction, And then we're going to be stuck with the onus of trying to prove that it was a particular landowner. Extremely difficult to do, So, in effect, sir, there's nothing that I'm worried about happening tomorrow, It is the long-term that concerns me on addressing the continuation of not only the issue with South Florida telling us to correct a problem that may cost you residents money, but also the issue of a sand point coming to us and saying we want to put in our clubhouse and three parking spaces and we know we have room to do it on our site and we say, sorry, you can't because we used it down the street. I really don't want to put PBSD and the residents of Pelican Bay as fighting one another in that regard, So in talking with staff and with Dr, Raia, who was helpful in working with South Florida, I think that's definitely something we'd like the Ordinance Review Committee to look at. Is there a way for us to improve that position through a change in the ordinance? MR. MOFFATT: What's the implication of the asphalt going down on this parking lot out there? 25 Ordinance Review Committee Meeting November 25. 2008 16 , 1 It- Pit? MR, PETTY: The exact same because the community center also exceeded and they needed what we call "modification" to the Pelican Bay permit. The Pelican Bay permit says X, If you're going to do Y, you've got to get a modification, They ask for a modification based on pervious availability on parcels away from this site, Now, if you look at it in a total acreage basis without knowing the names of the owners, yes, but those owners believe that they have rights on their property to that impervious allocation, So that they can do a home modification or a parking space, et cetera, I believe that they think they do, I know I would, MR, MOFFATT: Does the Foundation need a permit to pave this parking lot right now? MR, PETTY: Oh, absolutely, And they came to the district and asked us for our opinion and we did review and saw it was a modification. We did look at and we asked our engineers, did we have pervious in abundance in the system, This is System 4, And it was believed that we did without taking from another landowner, And then we instructed the engineer of record to go directly to South Florida for this issue because we hadn't resolved the process of Pelican Bay Services Division review versus South Florida naming the review, So we told the Foundation to follow the existing pattern while we worked on modification, MR, MOFFATT: So until the modification is issued, there is no asphalt going down? MR, PETTY: The modification was issued, They were given the permit. As a matter of filet, they then turned out to need a sidewalk of a lousy 200 or 160 square feet, just a sidewalk going from here to the parking lot, and that would require modification of the permit as well. They hadn't asked for a little bit extra in their first permit modification, So the sidewalk gave them a little bit oftruuble, MR. MOFFATT: It might be easier to beg for forgiveness after you've done it. MR, PETTY: If there was a way to save a buck, I'd do it, CHAIRWOMAN WOMBLE: Okay. Let's move on to beautification, MR, PETTY: Madam Chair, I think it's the same thing as water management and streetlights the same as that. Ifwe can increase our service level efficiencies, if we can make it more responsible to the people of Pelican Bay, that's exactly why we should look at the ordinance, And one of the reasons I recommended Mr, Levy is because all of these will probably have budget implications and the man's good with a buck on the budget committee, OPERATION AND RESPONSIBILITY OF OUR WATER MANAGEMENT SYSTEM CHAIRWOMAN WOMBLE: Okay, All right. Well, we're on the same track then and we're hack to operation and responsibility. Do we have any movement toward a way of increasing our service? What can we do? MR, PETTY: Madam Chair, I don~ know that we have anything to bring before you at today's meeting although it is something that the committee will consider. We would like to come to talk to you at later meetings, Weare still expecting to hear back from Mr. Foley on what their position is in the future, And I think the discussion today has been very helpful in analyzing what are our current capabilities and what are those of any evolved form of local govemment. So I think we're on the right track and we can continue this at future meetings, CHAIRWOMAN WOMBLE: Okay, Ted, did you want to add anything? DR. RAIA: Well, in this Section 13 where the Board of County Commissioners can dissolve, merge, or otherwise change.. , 26 Ordinance Review Committee Meeting November 25. 2008 16 I l-A--l4b MR. PETTY: The duty? DR. RAIA: ",the duties of Pelican Bay Service, MSTBU, it might be nice that we would have the same prerogative to be able to dissolve and change and merge rather than have it look like it's just a one-way proposition. Keep the wording the same then we should cooperate with one another depending whoever wants to make that move, Just another suggestion, MR. IAIZZO: How should it be worded? DR, RAIA: Excuse me? MR. IAIZZO: How should it be worded as the foundation? MR, PETTY: Madam Chair, I think that's a good question on what the future wording should be, but I don't know that we should try and figure that out at today's meeting, DR. RAIA: Just ideas now, MR, PETTY: But the concept is very straightforward and addresses quite a few issues, which is, we would like to have a policy for addressing any shortcomings either that they perceive or we perceive. CHAIRWOMAN WOMBLE: I think that's an excellent idea. I would like to ask if anyone has anything further? Jerry, MR. MOFFATT: Mr. Petry just referred to potential budget implications, any modifications of the ordinance, from a timing standpoint, do you see the ordinance being amended in time for the 2010 budget or are we looking a year further out? CHAIRWOMAN WOMBLE: That is an excellent question, MR, PETTY: Madam Chair, I hadn~ really given it a whole lot of thought, but shooting from the hip I would say that there could be minor modifications that maybe considered time crucial, possibly that could be implemented before we consider the next budget. But in real terms we are probably going to be looking at changes after adoption of the budget, which can also be considered as long as the impact is within our capabilities, Remember, that we can do a budget modification midyear, There's a process we would have to go through for that. It just has to be within our capabilities of our financial structuring, And so I think we can work this together, but I think it's a good point that we should try and dovetail as much as possible, And if this committee believes that there is something that is time sensitive then we focus on that for the next few meetings. Currently, what you have on your agenda that I've been involved with I don~ believe that it's time sensitive, CHAIRWOMAN WOMBLE: It doesn't look like it to me, Kyle, are you aware of anything that we need to be budgeting for that we haven~ discussed or maybe not know about because it just hit you in the face in the last 24 hours? MR, LUKASZ: Not related as far as the ordinance, We get in the budget process as far as any capital items, but that would be part of the budget process. CHAIRWOMAN WOMBLE: Okay, All right. MR, MOFFATT: Can I ask another question? CHAIRWOMAN WOMBLE: Certainly, MR, MOFFATT: I've heard a lot of discussion at other organization meetings within Pelican Bay about the importance of dealing with redevelopment within Pelican Bay, Quite frankly, I'm not sure what's meant by that. I can see tearing down a house here, which I've seen done, and new house built. That doesn't seem to me to be a major issue, Others have suggested that someone's got to buy a two-story condominium association and put up high-rise buildings, Is that anything that comes under our ordinance? 27 Ordinance Review Committee Meeting November 25, 2008 16 I 1 Itl Ltb CHAIRWOMAN WOMBLE: Sure, Because we have to have the right percentage of impervious and pervious and they'd have to submit to us, Am I correct? MR IAIZZO: If it changes, sure, MR, PETTY: We would like them to, Madam Chair. CHAIRWOMAN WOMBLE: I'll go personally talk to them, MR, PETTY: The issue of would it come before the ordinance committee, , , CHAIRWOMAN WOMBLE: No, before the board, DR. RAIA: If it's a zoning issue, it will definitely not come before us, We have nothing to do with zoning, It would only be water management is our only way to address it. And it's perfectly legal to build high-rise buildings west of Pelican Bay Boulevard and the Creighton Road extension, So if any of the development south of Gulf Park Drive was to be purchased for any reason whatsoever and that's where you have a lot of these two story they could be raised and high-rise buildings pnt there, They will definitely meet the POO, It would be the land development code. It would meet everything, The Foundation, however, may have a say if by then they become the declarant of the deeds that are held, The deeds, at least some of the deeds, have verbiage very similar to the PUD as far as setbacks, The problem right now, we no longer have any setback restrictions in Pelican Bay, You can build a high-rise as close to it, Legally, the old Cap d'Antibes could be built. The County said it was okay to build it, The only reason why it's not built is because of a violation of the covenants and that would be administered by the Foundation, And we'd have to see if there are similar covenants in other places, That would be the only restriction on the buildings and its tenants. MR, PETIY: Madam Chair, if I could just sununarize and say PBSD's responsibilities are exactly as quoted, It is outside of our scope. We do not get involved in planning and zoning, We have a water management system that we operate and maintain and meet the criteria, We don't even look at the name. We stamp it approved, It's an quasi-judicial staff review and engineering review, If the numbers work, they get stamped, It isn~ whether you like it or not. Whether you think ifs appropriate or not. If they meet the criteria, in they go, It is quite possible that Pelican Bay units which were under developed, i,e" they were approved for Group 4 and only Group 3 went in, the Garden Apartments went in versus the high-rise, that they could go vertical without increasing their impervious amount to much more. Because you can have garages underneath, of course, and all that. So ifs possible to go straight up without hurting the pervious/impervious. So would that come before us in the future? Would this group look at it? Probably not, other than what was just told to you, water management. And, again, that's straightforward stuff though, CHAIRWOMAN WOMBLE: And I agree with that, but the strategic planning committee chair that you've been sitting in on is obviously looking into that. And I think the Foundation is going to have far greater say about how things look, how they're constructed, what they appear on the inside as well as the outside, And I think that that's going to go into effect as soon as things start coming together with the survey and everything is compiled and put together. I believe that's going to be one of the first issues attacked, and I think the Foundation will have a far greater say, So, but that's a good question, Anybody else? (No response,) CHAIRWOMAN WOMBEL: All right. Let's have a motion that this committee meeting be adjoumed, 28 Ordinance Review Committee Meeting November 25. 2008 16' 1 ft{~t, Dr. Ted Raia moved to adjourn the Meeting, seconded by Mr. Mike Levy. Motion was unanimously approved. There being no further business the meeting was adjourned by order of the Chair at 310 p.m. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC" BY CAROLYN J, FORD, RPR, FPR AND FORMATTED BY MARY MCCAUGHTRY, RECORDING SECRETARY, PELICAN BAY SERVICES DIVISION, 29 ....-: Ct=.\\tt::.D COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMIT~S ~o;;;:;// 'K'c. ~ AGE N D A Henning < , }~~ 1 ~ '2! "" Coyle v Date co<l'fl'efI'fJary 2nd, 2009 at 9:30 A.M. Coletta +7 0.'0 b.tiC\\ffi~n, Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Ni'eZ FL, " Conference Room # 609 t 610 0 I 1 A- NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST I ~ TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE. ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION. I. Call Meeting to Order II. Attendance m, Approval of Agenda IV. Approval of Minutes - 1-05-09 V, New Business A. New Applications I. EZ Journey, Inc, 2. Gennaro Cangiano 3, Advanced Quality Transport 4, Pelican Shuttle, Inc, VI. Old Business Staff Comments VII. Public Comment vm. Next Meeting Date IX, Adjournment MISC. Corres: Date 03~ rtem#jJ~ujl)d.IS RECEIVED FEB 0 9 2009 Fiala Halas Henning' Coyle Coletta =~ 16 I 1 A-(b ber 22, 2008 .,(.d((l of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND W ASTE/W ATER AUTHORITY Naples, Florida, September 22, 2008 LET IT BE REMEMBERED, that the Collier County Water and Waste/Water Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M, in REGULAR SESSION in Room 610 at the Community Development and Environmental Services Building, 2800 N, Ilorscshoe Dr., Naples, Florida, with the following members present: CHAIRMAN: Jack Markel Dr. Fay Biles Lowell Lam Jerry Morgan ALSO PRESENT: Jamie French, Executive Director, CCWWA Kcn Kovensky, Senior Accountant, CDES Steve Williams, Assist<mt County Attorney Misc. COIIeS: Date: 03 D D item#\lQILt [10 .,:..piesto 16 I 1 Mep September 22, 2008 1. Call to Order- (Determination of Quorum) and Roll Call Chairman Markel called the meeting to order at 2:00 P,M, Roll call was taken and a quorum was established, II. Approval of Minutcs - Meeting of August 25, 2008 Dr. Biles moved to approve the minutes of August 2S, 1008, Second by Mr. lHorgan. Carried unonimously 4-0. III. Items Requiring Action by Authority A. Ave Maria Utility Company, LLLP 2008 Price Indcx Jamie Frcnch, Executive Director of the Collier County Water and WastelWater Authority (CCWWA) introduced a Memorandum (Pagc 5 of thl' Packct) - Subject "Anthority Agenda Item - September 11, 2008, 1008 Price Index Application -, A ve ,Haria Utility Company, LLLP" dated Septemhcr 15,2008. lie read the following Recommendation from thc Memorandum into the record: "nUlt the AlIthori~v adopts the attached Final Order No. 2008-06, adjusting the water ami wastewater rates of Ave Jlaria Utility Company, LLLP (4,MU) hy app~ving the 1008 Price Index factor to tlte allowable 2007 operatio/l and mailltenance expenses. " The application was reeei ved on September 10, 2008 and Staff was not satislied with the increasing costs regarding Operations and Maintenance and returned it to the Applicant for explanation, The Applicant updated their lUl11ual financial figures which previously included some accounting errors and re-submitted the ligures, The requested increase would add approximately $2.33 a month fi:Jf water use and $3,37 a month fl)f wastewater use to the average user's bill. A discussion ensued on how the 2,39';1" 2008 Price Index Factor results in a 7.62~/o increase for water service and a 7,800/0 for wastewater service. Jamic Frcnch nokd the 2,39% figure is an Indexing Figure and the worksheet for the calculation is provided on page 32 of the packet. Chairman Markcl requested clarilication on Page 64 of the paekct; specifIcally what constituted "Other water and wastewater" (item 1. Schedule No.1 ii and iii,) and whether or not these were determined by Staff to be "pass through" items. The answer was provided on page 9 ofthe packet in a Ictter fTom Kyle Kemper of Rose, Sundstrom & Bentley, LLP to James French dated September 10, 2008, They were determined to be "pass through costs," Chairm.tn Markel noted on Page 69, #5 of the packet in 2007 the company lost $150,000 worth of cquipmcnt due to a power surge which was recovered 2 16/1 A-t(P Septembcr 22,2008 from insurance proceeds in 2008 and asked why this was addressed in thc lctter if it was recovered by the applicant via their insurance, Staff had questioncd a numbcr ofitcms in the original annual rcpOlt provided by the Utility and the response was provided to clear up the disparity of operating expenses between 2007 and 2008, Mr. Morgan requested clarification if construction watcr is "mctered," David Gensen of Ave Marie Vtility Company stated the constmction water is metered as potable water and charged at a highcr rate to promote conservation, On a related note. the Concrete Batch Plant utilizes their own well water. Speaker Marielena Montesino-Stuart, 4431 Kentucky Way, Ave Maria, Residential Utility Customer She rcportcd many of the residents are working lower and middle class Emlilies with limited income. She is conccrncd that at this point there were to be 2500 homes (with a build out of approximately 11,000 homes) and there arc only approximately 200 homeowners, In her opinion, the Utility Company is "supporting" the Univcrsity by a transfer of revenuc, She fecls the developcrs are trying to recover their investment at the expense of200 (amilies, There arc many amenities and services that were promised, however have not been provided at this point (grocery stores, etc.). She admitted the rate increase request is within the legal rights of the applicant, but requested the Authority consider reducing the increase request (down to 4,5% 5,5%), She noted Mr. Monaghan (eo-fllUnder) has not communicated with the residents since the signing of the contracts for homes, She is the only one present today to address this issue because most residents are employed by the University (she is not) and are afraid to speak out. Mr. Lam noted the Authority is sympathetic to these concerns; however, this application is for a rate increase request. lIe requested clarilieation from Jamie French if the Authority is obligated undcr the Ordinance to review the applications and ifthe figures are valid, take action for approval. He recommended othcr issues raised be addressed at any necessary venues, .Jamie French noted the Authority previously approved the 2008 Price Index based on legal sufficiency per the Ordinance, lie cautioned the comments by Applicants and Public Speakers in this venue are not sworn tcstimony, Based on thc Ordinance, the Applicant has a right to come forward and ask for the increase, If the Authority linds that the information provided is suflieienL the Authority should take action, The Authority has previously approved other \)tility reqltests for inercases, MarieleOll Montesino-Stuart noted shc is under the impression recent water quality tests have found "toxins" in the water. 3 16 / 1 kllp September 22, 2008 It was noted the Authority deals with "rates", the Florida Depmtment of Environmental Conservation and other Agencies address "water quality" Issues. David Gcnsen, Avc Marie Utility Company stated the Utility is oWlled by Ave Marie Development with no affiliation to the University, There is nothing implied or written that the Utility is built to funnel money back into the University. The Developer has felt the dO\\11tum in the economy mld has invested millions of dollars in the Community and does not intend to walk away Ii-om their obligations, The Utility operation is currently losing approximately $400,000 annually and the increase would not make the Utility profitable at this point. The average bills are only $4 a mcnth higher than Collier County Public Utilities, Currently no money goes to tbe University trom the \ Ttility Company, ,Iamie Frcneh stated he appreciates the public t'eedback and requests more, but thcre is nothing in the reports indicating money being invcstcd in the University by the Utility Company, '}fr. /',forgan moved to approve tire rate increase request to 7.62% (for water) and 7.80% (for wastewater). Second by Mr. Lam. Carried unanimously 4-0. Break 3:00PM Re-Convene 3,05Nvf IV. Staff Discnssion -None A. FGUA Ratc Increasc ,Jamic Frcnch introduced a Memorandum (Page 71 of the Packet)- Subject: "Florida Govemmental Utility Authority (FGUA) - Golden Gate Utility" datcd Scptcmbcr 12,2008. . The Collier Water and Sewer District cntered into an inter-local Agreement with the FGUA which identiiied the CCWWA Stat'fas a consumer liaison to the Community ("watchdog,") . FGUA is required to notify the CCWWA within 60 days of the request of any rate increase. . In error, the FGUA - Golden Gate Utility failed to notify the Authority for a rate increase request heard on September 17,2008. . In lieu of the error thcy have moved the cHective date to November 1, 2008, . The County Manager's Office requested the item appear before the Authority and regulatory Staff to allow all FGUA customers to provide t'eedbaek He provided an overview on the status of Golden Gate Utilities and noted there is sumciency behind the rate increase request. There were no speakers present to address the increase, 4 16 I 1 Allo September 22. 2008 Barbara Kirby, Community Representative for FGUA Golden Gate Utilities addressed the Authority noting the FOUA appreciated the venue for public comment and is available to address any issues as requested by the Authority. B. Budget FY 2009 .Jamie }<'reneh introduced a Memorandum (l>age 123 of the Packet) - Subject: "Authority Agendllltem; September 22, 2008 FY 2009" dated September 17,2008. . Provided an overview on the status of the current ,md future budgets. . Staff planned li)r an increase to the regulatory assessment fce in FY 2009 [rolll 2'Yo to 3%, . Has been approved by the Board of County Commissioners (BCC) . Authority could express objections or take an action which he would report to the BCe. The Autbority noted they had previously discussed this and had no objections (to thc I % increase in the regulatory assessment fee li)r FY 2009,) IV. Open to the Public None, VI. Authority Member Discussion None, There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:40 PM. COLLIER COUNTY W ATERfWASTEW A TER AUTHORITY ~ 7", /) "., / i.. 1;, . ') (:;"~...L . vt2<--~4..) th. 27 Chairman /" These minutes were approved by the Board/Committee ()nl!~,~io.t,as presented~,/", or as amended 5