Category Archives: Law

Naples council’s board appointment procedure called into question

New Naples City Council member Teresa Heitmann converses with Sharon Kenny after being sworn in at Naples City Hall Wednesday, February 6, 2008.

Photo by MICHELLE LE, Daily News

Buy this photo ?

New Naples City Council member Teresa Heitmann converses with Sharon Kenny after being sworn in at Naples City Hall Wednesday, February 6, 2008.

“It’s always been sort of an awkward process,” Councilwoman Teresa Heitmann said.


They have a process in place, but one Naples City Council member wants a thorough review of that procedure before another community member is appointed to an advisory board.

“It’s always been sort of an awkward process,” Councilwoman Teresa Heitmann said.

Heitmann earlier this month asked City Council to review the process the city follows to appoint community members to a volunteer advisory board.

The request comes less than a month after some residents and council members said they were unhappy with council’s decision to reappoint two members to the Naples Airport Authority.

But Heitmann said recently her request wasn’t based on the airport board appointments. Instead, she was concerned about the overall board appointment process.

The process involves submitting an application and interviewing with City Council members during a televised workshop. The city’s ordinance requires interviews of all applicants _ both new applicants and incumbents.

Some citizens cried foul when City Council opted against interviewing the two incumbents who were reapplying _ and eventually reappointed _ to the board.

Naples resident Bill May said Naples City Council failed to follow the city ordinance that every person who is going to be appointed or reappointed has to be interviewed.

May said it’s “unbelievable” that the mayor said that he didn’t know about the ordinance last month during the reappointment of John Allen and Cormac Giblin to the Naples Airport Authority.

“The mayor and City Council should have followed the law,” May said.

May said that if the city expects citizens to obey the law, then local government leaders should also have to obey it.

But the same ordinance that requires an interview also allows for council members to waive interviews if it’s “in the best interest of the city to forgo such procedure.”

Interviews with incumbents are often waived, City Manager

Bill Moss said, “since they’ve already been through the process.”

Incumbents also generally are reappointed, Mayor

Bill Barnett said, unless he or she did something “flagrantly horrific.”

Naples resident Sharon Kenny speaks during a public hearing on a draft environmental assessment for the proposed Naples Municipal Airport expansion project at the Norris Community Center on Wednesday, Sept. 8, 2010 in Naples. David Albers/Staff

Photo by DAVID ALBERS

Buy this photo ?

Naples resident Sharon Kenny speaks during a public hearing on a draft environmental assessment for the proposed Naples Municipal Airport expansion project at the Norris Community Center on Wednesday, Sept. 8, 2010 in Naples. David Albers/Staff

Sharon Kenny, who applied for the Naples Airport Authority last month, said she doesn’t agree with the incumbent board members automatically being reappointed, especially on committees without term limits such as the Naples Airport Authority.

Kenny, president of the Aqualane Shores association, said each applicant should be interviewed and the best-qualified person appointed.

Kenny said the current process is awkward, broken and embarrassing.

“This is embarrassing for the council and for the citizens and there is no sense of fairness involved,” Kenny said in an e-mail. “I think the board appointment process needs to be looked at by council and a more fair and equitable system established.”

But Barnett disagrees. He said in all of his time at council there have been no complaints about the process.

“I don’t think the system is broken,” he said. “I don’t see anything wrong with the way we appoint.”

Naples is the only city in Collier and Lee counties that interviews candidates in front of a full board. Neither Marco Island nor Bonita Springs uses interviews as a way to appoint advisory board members.

Marco Island has a more informal process of making appointments to its boards and committees compared to Naples, Marco City Clerk Laura Litzan said.

File photo of City Clerk Laura Litzan

City of Marco Island

File photo of City Clerk Laura Litzan

Because Marco Island is a small community, each council member nominates one person to a vacant board throughout the year, whether it’s a planning board or a committee, and then the nomination is part of the consent agenda and voted on.

Generally, Litzan said volunteers seeking appointments will submit resumes to the board.

“The people who volunteer are very well known to council,” Litzan said.

But if it’s somebody that council doesn’t know, they may call the candidate, she added.

In Bonita Springs, the process is similar, Bonita Springs City Manager Gary Price said.

While not required, Bonita Springs council members tend to nominate board members based on district and council votes on the nominations during regular council meetings.

Gary Price, Bonita Springs city manager

Photo by Cary Edmondson

Gary Price, Bonita Springs city manager

Like Marco Island, no public interviews are conducted, but council members can call applicants to chat about their individual qualifications before the meeting.

But it’s not just the interview process that has some Naples residents up in arms. Heitmann said she finds the process of nominating _ council members nominate a person, and the nominees are then voted on based on the order in which they were nominated _ frustrating.

Kenny knows how uncomfortable that nomination process could feel. She said she recalled her name being shouted out for a nomination for the airport board, but said the mayor didn’t acknowledge it and accepted a different nomination instead.

Heitmann said she also was concerned with the voting process, saying some council members may feel pressured to vote for someone because everyone else is voting the same way.

Instead, Heitmann said, council should look at another way of voting _ like a ballot _ so it didn’t feel like “you had peer pressure or some other reason to vote for someone.”

Those ballots wouldn’t be secret though, since any decisions like board appointments need to be made according to the Florida Government-in-the-Sunshine law.

Heitmann also called for a moratorium on board appointments until the process is reviewed, but Moss said he didn’t recall there being any support for that request.

Naples City Council is expected to review the board appointment process during its October workshop.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Naples council’s board appointment procedure called into question

Sheriff Cameron: Prescription drugs being dolled out like candy

CHARLOTTE COUNTY, Fla. – The problem is prescription pain drugs like Oxycontin and Oxycodone. Law enforcement in Charlotte County says they are being dolled out like candy.

Charlotte County Sheriff Bill Cameron says he’s in a battle to fight one of the worst plagues to hit our area.

The sheriff says pain clinics or pill mills as they are known are at the heart of the problem.

Sheriff Cameron says the fight is an uphill battle because its all above the law.

Sheriff Cameron: Prescription drugs being dolled out like candy

Scott campaign offers postage paid absentee envelopes

FORT MYERS, Fla. – Rick Scott’s campaign is offering to help after an envelope error sends absentee ballots back to some Lee County voters.? Election officials, however, are worried it’s only adding to the confusion.

The Scott campaign says it sent postage-paid envelopes to absentee voters after a problem was revealed last week with barcodes on Lee County’s official absentee envelopes.? Supervisor of Elections Sharon Harrington says that problem has been resolved, with post offices manually sorting absentee mailings.

The Rick Scott envelopes would get sent to the elections office (despite spelling “Fort Myers” as “Fort Meyers”) but Harrington says a bigger problem could leave the vote uncounted.

“On the back of our envelope, there is a voter certificate, that the voter has to sign,” Harrington said.? “If we don’t have the signature, we can’t verify it.? If we can’t verify it, we can’t count it.”

A letter with the Rick Scott envelopes recommends voters mail the completed official envelope inside theirs;? though Harrington worries some voters may not.

“We are so concerned they will not do that because, free postage, they may just slip their ballot in there in haste,” Harrington said.

Harrington adds the Scott envelopes do not appear to be campaign material, but she says it is open to question whether any election laws were violated.

The Scott campaign tells WINK News their envelope mailings were following Harrington’s earlier recommendations that voters return their absentee ballots in larger envelopes.

Scott campaign offers postage paid absentee envelopes

Lawsuit: Doctors paid to refer Medicare patients

NAPLES, Fla. (AP) – A former southwest Florida hospital executive is accusing a health operator of paying doctors to refer Medicare patients to the company’s hospitals.

A lawsuit filed by Michael Mastej claims that Health Management Associates also offered free rent and private jet trips to entice doctors. The lawsuit filed in January was unsealed recently in Tampa federal court.

A telephone message left for HMA and the state attorney’s office weren’t immediately returned.

Health News Florida reports that Mastej, a former resident of Bonita Springs in Lee County, now lives in Blairsville, Ga.

The lawsuit does not specify the number of claims, but says the alleged fraud started in 2007. The company operates approximately 56 hospitals in 15 states.

Lawsuit: Doctors paid to refer Medicare patients

Panther recovering from vehicle collision injuries

COLLIER COUNTY, Fla. – Sometime in the early morning hours Tuesday, a female panther was struck by a vehicle on State Road 29 near Immokalee in Collier County. A passing motorist saw the injured animal on the side of the road, and in less than an hour biologists and a law enforcement officer with the Florida Fish and Wildlife Conservation Commission (FWC) were on the scene performing triage and assessing the condition of the panther.

“She was alive and responsive,” said Darrell Land, FWC panther team leader. “We immobilized the animal and transported her to Golden Gate Animal Clinic in Naples, where veterinarian John Lanier discovered she was pregnant and carrying at least three mid-term kittens.”

After the panther was stabilized, Erin Myers, a veterinarian with the U.S. Fish and Wildlife Service, and Mark Lotz, a member of the FWC’s panther team, transported her to the University of Florida’s College of Veterinary Medicine in Gainesville, where veterinarians announced some good and some bad news. The panther would survive; however, the unborn kittens did not survive the trauma from the accident.

Land said that without a doubt the panther had been hit by a vehicle in an area where other panthers have been killed when struck by vehicles. This panther will survive, but others have not been so fortunate. Fourteen panthers have died so far this year on Florida roadways.

Panther recovering from vehicle collision injuries

POLL: Columbia/HCA whistleblowers stunned Rick Scott is atop Florida governor polls

Florida gubernatorial candidate Rick Scott said people started suggesting he run for governor after hearing him speak out about how the federal government needed to stay out of health care.

Provided by Rick Scott for Governor

Florida gubernatorial candidate Rick Scott said people started suggesting he run for governor after hearing him speak out about how the federal government needed to stay out of health care.

“He was a fairly hands-on CEO,” said John Schilling, a former reimbursement supervisor in the Fort Myers division office. “He should have known being CEO of a multibillion-dollar company. He should have known what is on his balance sheet.”

“You’re over-lawyering this,” Nashville attorney Jerre Frazier recalled Scott telling him. “He’s an optimistic kind of guy. He doesn’t like bad news.”

Will Rick Scott’s role in Columbia/HCA affect whether you vote for him?





See the results ?

View previous polls ?


A whistleblower in the Columbia/HCA fraud case said Rick Scott should have known of billing practices at his hospitals that cheated the federal government out of millions of dollars.

“He was a fairly hands-on CEO,” said John Schilling, a former reimbursement supervisor in the Fort Myers division office. “He should have known being CEO of a multibillion-dollar company. He should have known what is on his balance sheet.”

A Nashville attorney brought in for his auditing acumen remembers talking to Scott about significant compliance problems.

“You’re over-lawyering this,” Jerre Frazier recalled Scott telling him. “He’s an optimistic kind of guy. He doesn’t like bad news.”

These former corporate insiders are bewildered by Scott’s candidacy for Florida governor, let alone his dramatic rise in the polls.

Voters are seemingly discounting Scott’s forced resignation in 1997 shortly after the FBI began widespread raids of Columbia/HCA offices. Ultimately, the largest for-profit hospital chain in the United States paid a record $1.7 billion in criminal and civil fines for Medicare fraud.

In television ads and on the campaign trail, Scott has repeatedly said he takes responsibility for what happened at the company and says he learned from it.

“Initially when I first saw he was running, I didn’t give him much chance,” said Schilling, 48, who has lived in Naples since 2001. “You can buy your way into the candidacy.”

Schilling didn’t know Scott also lives in Naples until he began research for his 2006 book, Undercover, detailing his life as an FBI informant in the case. The two have never run into each other in Naples.

“He’s putting on what people want to hear,” Schilling said of Scott’s candidacy. “People are always frustrated at inefficiency of government.”

Schilling was hired at the company’s Southwest Florida division offices in 1993 as a reimbursement manager. Six months into the job, he sensed something was wrong. A Medicare auditor had made an error that resulted in a $3 million gain at Fawcett Memorial Hospital in Port Charlotte.

District executives conspired to keep the mistake under wraps and keep the ill-gotten gain. He soon found other record irregularities going back at least 10 years.

“I exposed a double set of books,” he said, adding that one set was inflated cost reports for the federal government and the second was for internal purposes.

“The second was stamped confidential and don’t show to Medicare auditors,” Schilling said. “We estimated alone in 10 years over a billion in overpayments to the chain.”

“I exposed a double set of books,” Schilling said, adding that one set was inflated cost reports for the federal government and the second was for internal purposes. “The second was stamped confidential and don’t show to Medicare auditors. We estimated alone in 10 years over a billion in overpayments to the chain.”

In time, Schilling joined forces with James Alderson, an accountant at a Montana hospital, in a whistleblower case against Columbia/HCA.

Scott’s way of doing business was to have his chief executive officers at regional offices play hardball with acquisitions of other hospitals, doctors’ practices and bottom-line profits.

“If you didn’t cut the mustard, you were let go, if you didn’t meet budget goals,” Schilling said. “That is the way Rick Scott ran the company. He gave goals on notecards. He created a culture that the individual pushed the limit. Bonuses were 50 percent or more of a salary.”

* * * * *

Frazier, the Nashville attorney brought in to troubleshoot compliance issues, recalls Scott as always polite and personable.

“He was not a tyrant,” said Frazier, who now lives in Houston. “He stood in line in the cafeteria.”

The same day he was ousted as CEO, Scott didn’t flee the corporate premises _ instead he shook hands with employees.

“There were three buildings and he went around and expressed his appreciation to people,” he said.

Scott’s downfall nonetheless was the corporate culture he created that went bad, Frazier said, explaining that hospital managers and division chiefs were relentless in meeting Scott’s mission of creating a unified health-care and hospital company.

“I did not see Rick Scott act in bad faith but what I did see is the corporate culture he presided over. I did not see Rick Scott to be inclined to do anything criminal,” he said.

Home of Rick Scott, Naples, Wednesday, June 16, 2010. Photo by Tristan Spinski

Photo by TRISTAN SPINSKI

Buy this photo ?

Home of Rick Scott, Naples, Wednesday, June 16, 2010. Photo by Tristan Spinski

“I did not see Rick Scott act in bad faith but what I did see is the corporate culture he presided over. I did not see Rick Scott to be inclined to do anything criminal,” Frazier said.

Still, Frazier isn’t certain how aware Scott was of the consequences of the corporate culture he created.

“I’m not sure he understood how much his lieutenants twisted arms,” he said. “People did not report bad news to him.”

Television campaign commercials in Florida, aired by supporters of opponent

Bill McCollum, may be truthful that impoverished seniors and uninsured pregnant women who were unable to pay were turned away at Columbia/HCA hospitals. But he doesn’t believe that would have happened if Scott were on the scene.

“I don’t think Rick Scott would have left someone outside, I don’t think he would have left someone to die,” Frazier said. “That is not the right thing to do and I do think he would have said it was not the right thing.”

Still, bottom-line driven hospital managers with sights sets on their bonuses were more than likely to find ways to exclude services to the poor and uninsured.

“Turn people away? It may have been a little more extreme at HCA,” he said.

Schilling, the Southwest Florida whistleblower, said he’s certain those kinds of things happened at Columbia/HCA and other hospitals.

“What I did hear sometimes in the trenches, some cost-cutting measures did have impacts on the quality and nurses were stretched thin. Patient satisfaction (surveys) showed high results. Who is compiling those surveys and how valid are those? Was there an independent source?”

For certain, when the federal investigation went into overdrive, a mountain of lawyers was retained, Frazier said.

“Three law firms were hired, each undermining each other. There was sort of mass confusion,” he said. “The lawyers did have control over who had access to Rick Scott.”

“CEOs blanket themselves with attorneys,” Schilling said. “They dodge the bullet of not being questioned. He never gave any information or assisted in the investigation.”

Although Scott has stated that he takes responsibility, Schilling doesn’t think that should satisfy voters.

“I give him credit for taking responsibility for those things but again, he stated he wasn’t aware of the fraud,” Schilling said. “I find it somewhat ironic, here you have someone running a multibillion-dollar company and he is not aware of what is going on and yet he wants to be governor. Is he going to not be aware of what is going on in state government? I just wouldn’t trust him.

“It must be an ego thing,” he added, about his theory of why Scott is running for governor. “He must need the ego of being in charge. I don’t know. It’s not for the money so it’s got to be for the ego.”

MORE DAILY NEWS COVERAGE ON RICK SCOTT

? Church co-founded, led by Rick Scott gives aid to Immokalee’s farmworkers

? Rick Scott left Presbyterian church to help found Naples Community Church

? Rick Scott for governor of Florida catches on with out-of-state donors

? PHOTOS: Rick Scott discusses Arizona immigration law in Naples

? Finance report: Scott loaned his campaign $22.9M and has spent nearly as much

? Click here for related story: For the record, do Rick Scott and Bill McCollum vote themselves?

? Click here for related story: VIDEO/PHOTOS: Rick Scott stops in Naples during state-wide six day bus tour

? Click here for related story: POLL: McCollum campaigns on GOP opponent Rick Scott’s turf

? Click here for related story: Judge: McCollum can get funds to match Rick Scott

? Click here for related story: VIDEO: Gov. candidate Rick Scott talks to local Republican women’s group

? Click here for related story: VIDEO/PHOTOS: Howdy neighbor: Rick Scott, Collier Democratic offices in same plaza

? Click here for related story: Rich Rick: Governor candidate Scott worth $218 million, investments reach Latin America

? Click here for related story: Dodgeball: Rick Scott, Bill McCollum debate about debate dates

? Click here for related story: Rick Scott interviews: Governor candidate on HCA, oil spill, illegal immigration

? Click here for related story: VIDEO/PHOTOS: Florida governor candidates Sink, McCollum, Chiles make pitch to editors

? Click here for related story: Rick Scott rides TV ads, ‘21st century campaign’ to GOP lead for Florida governor

? Click here for related story: Florida, Collier GOP leaders neutral as attacks escalate on Rick Scott, McCollum

? Click here for related story: McCollum wants to debate Rick Scott; Mitt Romney endorses in governor race

? Click here for related story: POLL: Rick Scott challenges Bill McCollum to four debates in Florida GOP governor’s race

? Click here for Daily News’ initial report on Rick Scott’s campaign for governor, HCA and his background

? Click here for a Q&A with the Daily News and Rick Scott

_ Connect with reporter Liz Freeman at www.naplesnews.com/staff/liz_freeman

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

POLL: Columbia/HCA whistleblowers stunned Rick Scott is atop Florida governor polls

Dangerous intersections: U.S. 41 is accident central throughout south Lee

Scenes at the intersection of Sanibel Boulevard and U.S. 41, one of the most dangerous intersections in Lee County. Greg Kahn/Staff

Photo by GREG KAHN // Buy this photo

Scenes at the intersection of Sanibel Boulevard and U.S. 41, one of the most dangerous intersections in Lee County. Greg Kahn/Staff

The Daily News reviewed crash reports from 2006 through 2008 for 22 intersections south of Daniels Parkway, determining which had the most accidents and the highest crash rates compared with traffic volume.

Of about 1,400 crashes in the three-year period of the Daily News analysis, about half were rear-end collisions. Another 450 weren’t classified. Fewer than 300 were either side-swipes or angled collisions and 33 were head-on crashes.


Vivian Jones waved her hands back and forth, criss-crossing over her head, swooping down into a loud clap.

That was her impersonation of traffic at one of the most crash-prone intersections in south Lee County.

Jones lives, works, shops and takes her child to day care near the crossroads of Sanibel Boulevard and U.S. 41 in San Carlos Park.

She drives cautiously and remains alert on the streets she calls stressful.

“When you’re driving,” Jones said, “you can’t just drive for you. You have to drive for everyone else because everyone else is bang, bang, bang.”

Nearly 47,000 cars pass through this spot every day. With more than one crash every two weeks, these cross streets ranked fourth-highest in an analysis of south Lee County’s most dangerous intersections.

The Daily News reviewed crash reports from 2006 through 2008 for 22 intersections south of Daniels Parkway, determining which had the most accidents and the highest crash rates compared with traffic volume.

Traffic engineers and law enforcement officers use statistics such as these to highlight roadways in need of safety improvements or extra enforcement.

Officials interviewed for this story felt that the intersections in south Lee County were, overall, in pretty good shape.

“There’s no intersection on U.S. 41 that’s been raised to the (DOT) for issues of safety,” Florida Department of Transportation spokeswoman Debbie Tower said. “We see crashes at signalized intersections. That’s unfortunately not atypical. And we do see a lot of rear-end crashes. … We’re just not seeing anything out of the ordinary.”

Of about 1,400 crashes in the three-year period of the Daily News analysis, about half were rear-end collisions. Another 450 weren’t classified. Fewer than 300 were either side-swipes or angled collisions and 33 were head-on crashes.

“There’s no intersection on U.S. 41 that’s been raised to the (DOT) for issues of safety,” Florida Department of Transportation spokeswoman Debbie Tower said. “We see crashes at signalized intersections. That’s unfortunately not atypical. And we do see a lot of rear-end crashes. … We’re just not seeing anything out of the ordinary.”

A number of factors play into the safety equation: design flaws, congestion, traffic signals that allow for dangerous movements and distractions, such as driveways into businesses.

By far, the No. 1 cause of crashes is driver error, officials said.

Engineers attributed 90 percent of collisions to distractions such as following too closely or turning attention to text messages or kids in the back seat.

“You’re going to have crashes because we’re humans and humans make mistakes,” said Stephen Jansen, Lee County’s senior traffic engineer.

When those mistakes happen at an increasing rate, Jansen takes note to see if anything can be done to reduce drivers’ risks.

One such analysis took place a few years ago at the Sanibel and U.S. 41 intersection near where Jones works at Taco Viva.

The county traffic division noticed there had been 84 crashes in 2004 and 2005, 21 of which resulted in injuries.

“Turning off of (U.S.) 41 in each direction was a problem,” Jansen said.

Seventeen crashes happened when cars tried to turn left from U.S. 41 and collided with traffic moving straight through the intersection.

In 2006, that signal was changed to limit left turns to green arrows only. In the years that followed, left-turn injury crashes became practically nonexistent. From 2007 through 2009 there were 63 crashes, nearly half the annual rate from earlier years. Nine crashes in the three-year span resulted in injuries, two of which were left-turning vehicles colliding with through traffic.

(Monday, it will be your chance at naplesnews.com to Sound Off about traffic. Return to our website on Monday and take several polls about traffic in our area.)

Thursday: Collier’s most dangerous intersections

Today: South Lee’s most dangerous intersections

Weekend: Dangerous intersections, by community

Monday: Readers’ choices and several polls for you to Sound Off about Southwest Florida traffic

(Pick up copies of the Daily News this Sunday and Monday for newspaper versions of this series and a full-page map showing the most dangerous intersections)

The intersection still ranks high for crashes, however those typically don’t involve injuries. Most often, there are rear-end collisions that typify driver error.

“It doesn’t matter what you do to the road if the driver’s not paying attention,” Jansen said.

When Jansen’s crash-rate analysis shows less than one crash for every million vehicles, he considers it to be in good shape. Between one and two crashes per million are basically safe, but could possibly trigger a review. Anything more than two crashes per million vehicles is a red flag.

In the Daily News analysis, just two south Lee County intersections along U.S. 41 surpassed Jansen’s threshold: Old 41 Road had 2.15 crashes per million and Corkscrew Road saw 2.08 crashes per million vehicles.

Old 41 Road is a city of Bonita Springs road, but Daryl Walk, the city’s public works manager, said the city doesn’t have the engineering staff to analyze crash statistics. Crashes along there trended down, with 61 reported in 2006, 39 in 2007 and 25 in 2008.

Tower said she couldn’t be sure what the numbers were illustrating. In 2006, U.S. 41 was under construction from Old 41 Road south, but she declined to say whether that was a factor.

“I just can’t draw that conclusion,” she said.

However, Jansen said where there is construction there are distracted drivers. They turn their attention to construction work or become confused by barricades.

Rodgers Wilkinson, 56, manager of the Circle K on U.S. 41 near Old 41 Road, said traffic usually moves along at a good pace with few accidents.

“You do start to see (traffic) back up here,” Wilkinson said. “Usually it flows pretty good.”

Corkscrew Road at U.S. 41 carried the second-highest crash rate in the Daily News analysis and saw about 127 crashes in three years. Most of those were rear-end and side-swipes.

Jansen said those types of accidents were congestion-related. A fix for that is coming by early next year. The state plans to six-lane U.S. 41 from Corkscrew north to Hickory Drive.

Most top spots for crashes occur at higher-volume roads.

Six Mile Cypress Parkway at U.S. 41 carried about 88,000 vehicles each day.

Between one and two crashes per million are basically safe, but could possibly trigger a review. Anything more than two crashes per million vehicles is a red flag. In the Daily News analysis, just two south Lee County intersections along U.S. 41 surpassed the threshold: Old 41 Road had 2.15 crashes per million and Corkscrew Road saw 2.08 crashes per million vehicles.

Though its crash rate didn’t make the top five, that intersection saw 116 crashes from 2006-08, ranking fourth in total collisions.

Drivers can expect some relief there as well. A state project will double the capacity of the left-turn lanes in both directions on U.S. 41.

That’s where Brooke Wallis, 52, manager of the DQ Grill & Chill near the intersection, calls traffic “crazy.”

“This light backs up a lot and people are trying to squeeze into the turn lane for the beach,” Wallis said.

The two turn lanes already operating in both directions aren’t enough to keep cars from overflowing into lanes where traffic is continuing through the intersection.

“If you’re not prepared for it,” Wallis said, “you can bump into someone else.”

Once all of U.S. 41 is six lanes, it will likely not get wider, Tower said, so new north-south corridors become key to managing growth.

That’s why Metro Parkway will be extended to U.S. 41 in 2012.

Still, some see enforcement as the crux to safe streets.

“They can do anything to the roads, but the only thing that will change drivers is seeing more police on the roads,” said Marilyn Kidder, 61, a saleswoman for Carl’s Patio at the Alico Road and U.S. 41 intersection.

Lt. Jim Drzymala, traffic commander of the Lee County Sheriff’s Office, agreed.

“Once we determine the education and engineering won’t work, we’ll go out and focus some enforcement on (a section of road),” he said.

County engineering, enforcement and education officials meet monthly to discuss streets in need of attention.

“We don’t have any bad intersections,” Drzymala said. “We have high-volume intersections, but that’s just part of growing pains in Southwest Florida.”

While some growing pains can be alleviated by widening streets, some streets have had all of the fixing they will likely get.

?Dangerous intersections: Where you’re most likely to crash in Collier County

Bonita Beach Road carries an average of 67,000 cars each day and saw 139 crashes, or 1.9 crashes per million vehicles. But plans to widen it west of U.S. 41 are stalled with a lack of money, Jansen said.

“There’s never going to be enough money for all the needs,” added Harry Campbell, Lee’s traffic director. The intersection maintenance budget has been cut from about $1 million to $750,000.

To the extent possible, traffic signals can promote efficiency and safety.

Yellow lights can be lengthened to give drivers more time to pass through the intersection, as can the full cycle from green to red to handle peak-season or peak-hour volumes.

Law enforcement officers can be tipped off to red-light runners by special lights on signals that illuminate when a car has run a red light.

?Dangerous intersections: How we did our analysis in Collier, south Lee

?Dangerous intersections: Lee data

Sometimes those lights aren’t perfect, though, and the county can fix glitches when notified by the public.

Michael Condello, 31, of Naples who works at the Subway at the intersection of Corkscrew Road and U.S. 41, said his biggest traffic concern is sensors.

Sensors detect when a car is waiting for a green arrow. But that can be problematic for people riding motorcycles, which sometimes may not be detected by sensors.

“I have to wait for a car to come behind me for the light to turn,” Condello said. “Sometimes I just have to blow through it.”

Tower was adamant, however, that drivers shouldn’t consider traffic signals as tools for safe streets.

“Traffic signals are not safety devices,” she said. “They assign right of way.”

Sometimes if a driver is killed, family will ask for a traffic light at the crash location. But lights installed arbitrarily may cause more problems, Tower said.

“Safety is in the hands of drivers,” she said.

Sometimes residents see a problem where traffic officials don’t.

Several drivers interviewed for this story said turning at the Bonita Beach Road and Arroyal roads intersection is the most dangerous in south Lee County.

Athena Andrus, 25, who works at CVS near the U.S. 41 and Bonita Beach Road intersection, said the problem is turning left.

“When there are other cars in the turn lane (across from you) you can’t see oncoming traffic,” Andrus said. “People behind honk at you, but you can’t see and you can’t take that risk.”

Tami Gruver, 39, of Bonita Springs, was in an accident there.

“It totaled my car and I had neck injuries,” she said. “I get nervous going through there.”

The intersection allows cars to turn left on the green arrow and green ball.

With about 15 accidents a year and more than 30,000 cars traveling through the intersection each day, the Arroyal-Bonita Beach Road intersection sees about one crash per million drivers.

“In the grand scheme of things it’s not that bad,” Jansen said.

Maintaining traffic flow and safety is a balancing act.

“I can make these roads so safe nobody would die,” Jansen said. “But nobody wants to go 15 miles per hour.”

__ Connect with Tara E. McLaughlin at www.naplesnews.com/staff/tara-mclaughlin/

DANGEROUS INTERSECTIONS: The series so far

?Dangerous intersections:The series

?Dangerous intersections: A map of crash rates

?Dangerous intersections: A map of crash totals

?Dangerous intersections: Where you’re most likely to crash in Collier County

?Dangerous intersections: A closer look at five of Collier County’s worst

?Dangerous intersections: Collier data

?Dangerous intersections: U.S. 41 is accident central throughout south Lee

?Dangerous intersections: Lee data

?Dangerous intersections: How we did our analysis in Collier, south Lee

This series was reported by Ryan Mills, Tara McLaughlin and Tracy Miguel. Video by Carrie Wise. Database by Joseph Prehoda.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Dangerous intersections: U.S. 41 is accident central throughout south Lee

POLLS: Illegal immigrants in Collier, Lee jails generate federal money for counties

Should the federal government be able to overturn Arizona’s immigration law?




See the results ?

View previous polls ?

Would you support an immigration bill similar to the one in Arizona?




See the results ?

View previous polls ?

Last year, Collier County received $155,299 from the program for housing 425 Immigration and Customs Enforcement (ICE) eligible inmates (an identified illegal immigrant) for 41,399 days _ or roughly $3.75 per day for each inmate in a Collier jail.

For its part in 2009, Lee County received $243,376 from the program for housing 82 identified illegal immigrant inmates for 7,214 days _ or roughly $33.73 for each day the inmates were in the Lee County jail.

Collier’s per day share was lower because it received additional money from a second federal program.


When it comes to getting federal money to pay for illegal immigrants’ stay in local jails, Southwest Florida has been getting a share for years.

Both Collier and Lee counties have been longtime participants in the state Criminal Alien Assistance Program (SCAAP), a U.S. Justice Department-run initiative that since 1994 has paid municipalities for identifying and reporting convicted illegal immigrants jailed in their communities.

Last year, Collier County received $155,299 from the program for housing 425 Immigration and Customs Enforcement (ICE) eligible inmates (an identified illegal immigrant) for 41,399 days _ or roughly $3.75 per day for each inmate in a Collier jail.

For its part in 2009, Lee County received $243,376 from the program for housing 82 identified illegal immigrant inmates for 7,214 days _ or roughly $33.73 for each day the inmates were in the Lee County jail.

Collier’s per day share was lower because it received additional money from a second federal program.

Overall, the state along with 42 Florida counties and municipalities got more than $21.89 million from the program for housing illegal immigrants from July 2007 to June 2008.

Across the country, more than $393 million was distributed.

?As Arizona law takes effect, nation’s jails line up for federal payment for housing aliens

However there are various requirements for an inmate’s stay to count toward getting a refund, said Sgt. David Velez, Services Division supervisor for the Lee County Sheriff’s Office’s Corrections Bureau.

Among the rules is having ICE confirm the inmate is in the U.S. illegally and making sure the inmate spent at least four consecutive days in jail — a day less and that person’s stay can’t be counted toward a refund.

“We have no control over the (final) number,” Velez said. “We submit the information to the Bureau of Justice Statistics to determine.”

Velez said the Lee County Jail, which can house up to 2,003 inmates, had only 1,800 people as of Wednesday morning.

And although the per day price of housing an inmate fluctuates regularly, Velez said that currently the cost comes out to about $78 per inmate.

“The more inmates we have, the lower that number (cost),” Velez said, explaining that with more inmates the overall cost is split more ways, which lowers the per person price.

Regardless, Velez said the program, which the Lee Sheriff’s Office has been participating in since 2003, has been good for the county.

“It’s definitely beneficial to the citizens in Lee County,” Velez said, adding that the Lee Sheriff’s Office would continue to participate in the program.

Collier County Jail Chief Scott Sally agreed and said the agency already has submitted its application for this year’s grant cycle.

Yet the State Criminal Alien Assistance Program is just one funding source for Collier, he said.

The Collier Sheriff’s Office is also partly reimbursed by ICE for housing illegal immigrants through the 287g program, saving taxpayers an incredible amount of money, he said.

About 2,500 illegal immigrants in the past three years have been transferred into ICE custody through 287g.

But even though the department does get reimbursed for a lot of expenses by ICE, sheriff’s Commander Mike Williams said he knows that the amount the agency gets doesn’t cover the full cost of housing someone in the jail.

“If you looked at our jail population in 2007, we had two jails open at that time,” Williams said, noting that expenses added up between staffing, overtime and a big population. “Now we only have one jail open, we are not incurring the overtime cost, and we have 35 (percent) to 40 percent less inmates in our jail.”

In 2007, Collier County received $1.51 million from the Criminal Alien Assistance Program for housing 133 ICE eligible inmates for 15,164 days _ or roughly $100.23 for each day the inmates were in the Collier jail. Other figures:

? Lee County received $193,048 in 2007 for housing 62 ICE eligible inmates for 4,497 days _ roughly $42.92 per inmate for each day. The state, along with 40 Florida counties and municipalities, received more than $24.19 million for housing illegal immigrants from July 2007 to June 2008. A total of more than $376 million was distributed nationwide in 2007.

? In 2008, Collier received $1.03 million for housing 221 ICE eligible inmates for 21,430 days _ roughly $48.35 per inmate for each day. Lee County received $201,361 for housing 71 ICE eligible inmates for 5,304 days _ roughly $37.96 for each day per inmate. The state, along with 42 Florida counties and municipalities, received more than $22.95 million in 2008 for housing illegal immigrants. More than $386 million was distributed nationwide in 2008.

As of Wednesday morning, there were 897 inmates in the Collier County jail, which costs the jail about $124 per inmate, per day.

Williams said the jail is 500 inmates short of population projections from a few years ago, so those hard costs are distributed among fewer inmates.

“Those are all factors that the Justice Department also takes into consideration when awarding (Criminal Alien Assistance Program) money,” he said.

_ Connect with Elysa Batista at www.naplesnews.com/staff/elysa_batista

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

POLLS: Illegal immigrants in Collier, Lee jails generate federal money for counties

San Carlos Park couple accused of lying about car being stolen

A San Carlos Park couple who told deputies their car was stolen were arrested Sunday night after deputies discovered the man had crashed it, causing it to overturn and catch fire.

Brett Robert Clark, 38, and Riki Jo Russeau, 37, both of the 9000 block of Tangelo Road, were each charged with reporting a false statement to law enforcement. Clark was also charged with leaving the scene of a crash. Bond information for Russeau was not available, but Clark’s was set at $3,500. Both remained in Jail Monday. They are not married but are girlfriend/boyfriend.

According to Lee County Sheriff’s Office reports:

About 6:15 p.m. Sunday, deputies were sent to Murcott Drive East and Mandarin Road in San Carlos Park where witnesses said the only person in the car fled toward Pineapple Road. One witness, Tom Fitzgerald, followed him, saw him go into the Tangelo Road house, and re-emerge wearing different clothing.

Meantime another deputy went to the house where Russeau, the car’s owner, told deputies they had just returned home from the beach. They took the children into the house, leaving the keys in the car. A few minutes later the car was stolen, the couple said. It is not clear how many children were in the house.

A crash investigation showed the car, a 2000 Buick Regal, was traveling south at a high rate of speed and failed to make a curve in the road. It crashed into a concrete culvert, overturned and caught fire. Damage was estimated at $5,000.

? 2010 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

San Carlos Park couple accused of lying about car being stolen

Port Charlotte standoff over, man taken into custody

???? The Charlotte County Sheriff’s Office reports the seven hour standoff ended at 6:38 p.m. this evening in Port Charlotte. Crisis negotiators successfully talked the man to lay down his weapons and give himself up. He will now be evaluated for Baker Act or arrested which will be determined. He had threatened to kill or be killed by law enforcement.

???? Detectives on scene are awaiting a search warrant to be signed so they can go into the home and collect any weapons and evidence necessary. The neighbors in the area are starting to get back to normal as all of the responding units are leaving the area. The home will be kept under guard this evening until released.

???? The man whose identify is not being released at this time, reportedly went to St. Petersburg yesterday to talk to an ex-girlfriend and came home very distraught. He called her this morning and said he was going to hurt himself. She called Pinellas County Sheriff’s Office and they contacted CCSO at 10:30 a.m. Deputies responded for a check on the man at 22295 Morris Ave. in the New York area of Port Charlotte and were confronted by the armed man. Deputies assessed the situation and called in the CCSO SWAT team, deputies, detectives, K9, and the Lee County Sheriff’s Bomb Squad’s Hazardous Devices Unit, LCSO “Bear Cat” vehicle, plus Crisis negotiators from CCSO and Punta Gorda Police.

???? CCSO talked to family and friends who said he was very heavily armed and there were items in the home that could be exploded if shot by a high caliber rifle. A perimeter was set up and homes in the immediate area were evacuated. The LCSO robot was very useful in assisting SWAT team activities. Due to the extreme heat, SWAT team members were constantly being rotated from their positions and were about to be relieved by the LCSO SWAT team.

Port Charlotte standoff over, man taken into custody