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BCC Minutes 06/26/2012 R BCC REGULAR MEETING MINUTES JUNE 26, 2012 June 26, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 26, 2012 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and 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: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, BCC Executive Manager Mike Sheffield, Business Operations Manager — CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 26, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice -Chair Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 June 26, 2012 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Sammy Mosquera, United Pentecostal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS 4. PROCLAMATIONS Page 2 June 26, 2012 A. Proclamation designating June 20, 2012 as World Refugee Day. To be accepted by Armando Galella, District Director, Catholic Charities of Collier County; Sharon Kirkpatrick, Refugee Youth and Family Program Director, Catholic Charities of Collier County; Desiree Gutierez; and Doubletree Hotels. Sponsored by Commissioner Coletta. B. Proclamation recognizing and congratulating Vanderbilt Country Club on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Joe Newell, Clubhouse Manager. Sponsored by Commissioner Coletta. C. Proclamation recognizing the continued work by SCORE with the public and private sector and the continued outstanding contribution in encouraging entrepreneurship and economic development. To be accepted by George Ahearn, Chairman, Karl Williams, Vice Chairman, Vin Izzi, Secretary, Dick Lange, Director of Marketing, Nef Espinosa, Head of Latino Initiative. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation by Tricia Dorn, Key Account Executive of LCEC (Lee County Electric Cooperative), presenting an equity payout of $14,311.01 to the Board of County Commissioners. 6. PUBLIC PETITIONS A. Public Petition request from Ms. Lesvia Martinez regarding a traffic light and crossing lanes at the intersection of Lake Trafford Road and North 19th Street in Immokalee. B. Public Petition request from Richard Rogan requesting advanced street signs on CR951, in advance of Naples Heritage Drive. 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Page 3 June 26, 2012 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard in conjunction with Item #IIF. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item all participants are required to be sworn in. Recommendation to consider PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 95 1) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of two Collier County Commissioners to the Value Adjustment Board with three Collier County Commissioners as alternates. B. Request from the Hispanic Affairs Advisory Board to have the Board of County Commissioners declare a seat vacant on the Hispanic Affairs Advisory Board. C. Advisory Board vacancies, press release dated June 19, 2012. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to select Option B or D, identified by the Gordon River Greenway Stakeholders Committee for the development of a controlled access entrance road with an enhanced water feature at the Naples Zoo. (Steve Camell, Public Services Interim Administrator) Page 4 June 26, 2012 B. This item to be heard at 11:30 a.m. Recommendation to approve award of Contract #11 -5772 for Final Design, Bid, and Construction Support Services for South Marco Island Beach Renourishment and the rebuilding of the five Existing Erosion Control Structures to Coastal Engineering Consultants (CEC) for a not to exceed Time and Material amount of $98,762, authorize the Chairman to sign the standard County Attorney approved contract. (Gary McAlpin, Coastal Zone Management Director) C. This item to be heard at 11:45 a.m. Recommendation to approve award of Contract #11 -5772 for Collier County 2013 -14 Beach Renourishment Project Design Engineering and Permitting Services for Renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples Beaches to Coastal Planning and Engineering in the amount of $848,554 and authorize the Chairman to sign the standard County Attorney approved contract. (Gary McAlpin, Coastal Zone Management Director) D. This item to be heard at 2:00 p.m. Recommendation to establish the Collier County Government Office of Business and Economic Development. (Leo Ochs, County Manager) E. Recommendation to award Bid No. #11 -5781, " NCWRF Effluent Filter Set 1 Rehabilitation Project ", to Douglas N. Higgins, Inc., in the amount of $1,563,000 for Project No. 73968, North County Water Reclamation Facility Technical Support Project; and authorize a budget amendment in the amount of $1,100,000 from Project No. 70050, Master Pump Station Technical Support, to Project No. 73968, the NCWRF Technical Support Project. (Craig Pajer, Public Utilities Principal Project Manager) F. This item to be heard in eoniunetion with Item #9A. Recommendation to approve the termination of a Developer Contribution Agreement (DCA) between Collier County ( "County ") and Waterways Joint Venture V and approve a new DCA between the County, Bent Creek Preserve, LLC ( "Bent Creek "), Calusa Pines Golf Club, LLC ( "Calusa ") and Wells Fargo Bank, N.A. ( "Bank ") to fund, design, permit, and construct a portion of Woodcrest Drive from Immokalee Road to Acremaker Road. (Nick Casalanguida, Growth Management Division Administrator) 12. COUNTY ATTORNEY'S REPORT Page 5 June 26, 2012 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Collier County Community Redevelopment Agency (CRA) accept and approve a Bayshore Gateway Triangle CRA Executive Director Termination and Settlement Agreement and authorize the CRA Chairman to sign. 2) Recommendation the Collier County Community Redevelopment Agency (CRA) review CRA staff recommendations concerning Bayshore Gateway Triangle CRA Tax Increment Fund (TIF) grant programs for the remainder of Fiscal Year 2012, and provide direction as determined by the Board. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- A. GROWTH MANAGEMENT DIVISION 1) Recommendation to award a construction contract to Bonness, Inc., for Bid #12 -5880 - Yahl Street Roadway Improvements (from Pine Ridge Road to the north end) Project No. 60182 -3, funded by the Pine Ridge Industrial Park MSTU, in the amount of $880,552.84 plus a ten percent (10 %) contingency of $88,055.28, totaling $968,608.12. 2) Recommendation to grant final approval of private roadway and drainage improvements for the final plat of Royal Palm Golf Estates Page 6 June 26, 2012 Unit One with roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 3) This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3A Application Number PL20120000147, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Quarry Phase 4 Application Number PL20110002575, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to execute a construction agreement with Florida Department of Transportation (FDOT) for the Collier Area Transit Intermodal Transfer Station Center project, and approve a resolution authorizing the Chairman of the Board of County Commissioners (BCC) to sign the agreement. 6) Recommendation to approve the 2012 Annual Progress Report to the Collier County Transit Development Plan and authorization for submission to the Florida Department of Transportation (FDOT). 7) Recommendation to approve an amendment to Ordinance Number 2011 -21, Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 10.02.13.1) of the Collier County Land Development Code (LDC). 8) Recommendation to approve an agreement between Big Cypress Golf and Country Club Estates Homeowners Association, Inc. and Collier County for installation and maintenance of landscape improvements on Solana Road in support of a Landscape Beautification Master Plan. Page 7 June 26, 2012 9) Recommendation to approve one (1) Adopt -A -Road Program Agreement for Old US 41 from Collier Center Way north to the Lee County Line, for the volunteer group, Todd Wyatt, Bondsman 24/7, with a total of two (2) recognition signs at a total cost of $150. 10) Recommendation to approve a budget amendment of $823,454.74 to move funds from three (3) projects identified in Stormwater Capital Fund 325 to six (6) new projects, and one ongoing project. 11) Recommendation to award a Work Order for the Golden Gate Stormwater Improvements for Coronado Parkway and Hunter Boulevard to Haskins, Inc. in the amount of $360,811, plus a ten percent (10 %) contingency of $36,081.10 totaling $396,892.10. (Project Number 51029) 12) Recommendation to approve a Boat Dock Extension (BDE) zoning fee reduction request for the Wahl Boat Dock Extension. 13) Recommendation to approve an increase in the amount of the Purchase Order for Equable Real Estate Solutions, a real estate appraisal firm which is providing the County primary expert witness services in a pending eminent domain valuation trial in the case styled Collier County v. Stonebridge Country Club Community Association, et al, Project #60116. (Fiscal Impact: Not to Exceed $50,000) 14) Recommendation to approve amendments to the Staff Services Agreement by and between the Collier Metropolitan Planning Organization (MPO) Board and the Collier County Board of County Commissioners. 15) Recommendation to approve the short-list of design professionals pursuant to RFP 912 -5901 and enter into negotiations between Collier County and Atkins North America for "Construction Engineering and Inspection (CEI) and Related Services for US41 and SR/CR951 Intersection improvements and SR951 -3R Improvements. (Project #60116) Page 8 June 26, 2012 16) Recommendation to approve a Resolution authorizing the Growth Management Division to establish guidelines for the placement of advance street name guide signs along County maintained roadways. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, in its capacity as the Collier County Community Redevelopment Agency, recognize sub - recipient grant funding in the amount of $2,011,955.46 from the Collier County Department of Housing, Human & Veteran Services Department (HHVS) for deposit in CRA Grant Fund 715, and authorize all necessary budget amendments. 2) Recommendation that the Board of County Commissioners, in its capacity as the Collier County Community Redevelopment Agency, recognize as a sub - recipient, a Community Development Block Grant from the Collier County Department of Housing, Human & Veteran Services Department (HHVS) in the amount of $140,000, intended to fund pedestrian crosswalk improvements in the Immokalee Central Business District, and authorize all necessary budget amendments. 3) Request that the Collier County Community Redevelopment Agency (CRA) approve an application and recipient agreement for the Immokalee CRA Commercial Facade Improvement Grant Program for reimbursement of $16,366.67 for facade improvements to Chez Nuos Dadou Restaurant at 211 West Main Street, Immokalee, Florida. 4) Request that the Collier County Community Redevelopment Agency (CRA) approve an application and recipient agreement for the Immokalee CRA Commercial Facade Improvement Grant Program for reimbursement of $20,000 for facade improvements to Miner's Market at 521 South First Street, Immokalee, Florida, owned by Shadi of Naples, Inc. 5) Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve conveyance of a 15 -foot wide utility easement by the CRA to the Immokalee Water and Sewer District on CRA owned property as depicted on the location map and Exhibit "A" of a Utility Easement, to accommodate Page 9 June 26, 2012 an existing sanitary sewer line running through said parcel, at a cost not to exceed $1,656.50. 6) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant in the Bayshore Gateway Triangle area. (3945 Bayshore Drive, $10,658.06) 7) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an Impact Fee Assistance Grant Agreement between the CRA and a Grant Applicant in the Bayshore Gateway Triangle area. (2654 Bayview Drive, $7,063.31) 8) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant in the Bayshore Gateway Triangle area. (2052 Danford Street, $30,000) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve the selection committee rankings and to enter into negotiations for a contract for RFP #12 -5883, "Master Pumping Station 312 Professional Services During Construction ", Project Number 72549, with Agnoli, Barber, & Brundage. 2) Recommendation to approve a work order under RFQ 408- 5011 -62 in the amount of $258,218.13 to Quality Enterprises USA, Inc., for Underground Utility Contracting Services for South County Regional Water Treatment Plant Reactor Tanks Rehabilitation Project #70034. 3) Recommendation to authorize a budget amendment of $400,000 to move funds from Project #70087, Vanderbilt Drive Water Main Rehabilitation to Project #70019, Cross Connection Control Program. 4) Recommendation to authorize a budget amendment of $700,000 to move funds from Project #70030, South Reverse Osmosis Wellfield Repair to Project #70010, Meter Renewal and Replacement. Page 10 June 26, 2012 5) Recommendation to approve the communication of support from the Collier County Water -Sewer District by letter, under signature of the Chair of the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, for the Water Infrastructure Financing Innovation Act to our Federal House and Senate representatives and encourage them to sign on as original co- sponsors of the legislation. 6) Recommendation to award Contract #12 -5894, in the amount of $948,787, to Youngquist Brothers, Inc., for South County Regional Water Treatment Plant Deep Injection Well IW -1 Tubing Replacement Project #70088. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve an Urban County Cooperation Agreement with the City of Naples; authorize the chair to sign the approving resolution and authorize staff to forward supporting documentation to U.S. Housing and Urban Development (HUD) to comply with HUD's Urban County Requalification requirements. 2) Recommendation to approve a Work Order with Atkins North American, Inc. for Physical Monitoring under Contract #09- 5262 -CZ for a not to exceed Time and Material amount of $135,200, authorize the County Manager or his designee to execute the Work Order, and make a finding the item promotes tourism. 3) Recommendation to approve the time extension of four months for Contract #07 -4131, "Gordon River Greenway Park" with Kimley- Horn & Associates, Inc. 4) Recommendation to approve one (1) satisfaction of mortgage for a State Housing Initiatives Partnership Program (SHIP) Short Sale loan repayment issued to Collier County. 5) Recommendation to approve Amendment No. 2, changing Exhibit A, Project Scope of an existing Subrecipient Agreement with Goodwill Industries of Southwest Florida, Inc. to utilize all of the Community Page 11 June 26, 2012 Development Block Grant (CDBG) funding for completed renovations at the Robert's Center in Immokalee, Florida. 6) Recommendation to award Invitation to Bid #12-5862, Non -Bulk Chemicals, Reagents, and Pool Supplies for Parks and Recreation pools to Commercial Energy Specialist, Inc. (approximate annual expenditure: $150,000) 7) Recommendation to waive competition "after the fact" and authorize the payment of invoice #2630 -QB to Alex's Pool Heating and Air Conditioning for $12,000 to replace two Chiller /Heaters at the Golden Gate Aquatics Facility. 8) Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew to include a non - resident annual pass for Sun -N -Fun Lagoon and to allow overnight parking at designated marina locations with a permit. 9) Recommendation to waive formal competition under the County's Purchasing Policy approve and authorize the chairman to sign a successor agreement to Contract #09 -5248 with Vincent Raymer, G.C. for the completion of rehabilitation of three homes in an amount not to exceed $67,034. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to authorize utilization of Western States Contracting Alliance (WSCA) Contract # 1907 as adapted by the State of Florida with Sprint Solutions, Inc. for a period of four years and authorize the Chairman to execute the participating addendum. 2) Recommendation to approve Amendment No. 07 to an agreement with the Collier County District School Board for the Driver Education Program to provide $178,000 in funding. 3) Recommendation to recognize and appropriate revenues for special facility maintenance and security services in the amount of Page 12 June 26, 2012 $98,532.65 to the Facilities Management Department cost center and approve all necessary Fiscal Year 2011 -2012 budget amendments. 4) Recommendation to approve and execute a Shared Parking and Access Agreement with Naples Zoo, Inc., the County, and the Conservancy of Southwest Florida, Inc. 5) Recommendation to approve the revised Freedom and Gordon River Greenway Parks Land Management Plan to reflect current project boundaries and plans, as required by the Florida Communities Trust Grant Agreement. 6) Recommendation to approve an Interdepartmental Agreement for Land Management at Freedom Park, as required by the Florida Communities Trust Grant Agreement. 7) Recommendation to accept and recognize the rebate from Florida Power and Light (FP &L) in the amount of $256,320 for the Chiller Replacement/Ice Storage Expansion Project completed with grant funds from United States Department of Energy (DOE) and authorize the necessary budget amendment. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the Memorandum of Understanding between Collier County and Habitat for Humanity of Collier County, Inc. in support of Emergency Management activities related to natural and manmade hazards emergency response. 2) Recommendation to approve recognition of Carry Forward up to $350,000 in Tourism Promotion Fund 184 for the enhanced Summer /Fall campaign and authorize all necessary budget amendments. 3) Recommendation to approve Change Order #3 to Contract #10 -5541 with Paradise Advertising &Marketing, Inc. in the amount $250,000 for a total of $600,000 in additional media and production billing at gross in accordance with their agreement with Collier County. Page 13 June 26, 2012 4) Recommendation to approve Interlocal Agreement #12 -5834 between Collier County and the City of Marco Island to provide fire protection and rescue services to the unincorporated area of the County known as Goodland. 5) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non -ad valorem Assessment) to be levied against properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. 6) Recommendation to approve a report covering a budget amendment impacting reserves in an amount up to and including $17,000 and a budget amendment moving funds. 7) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the Airport Authority's Executive Director to execute a Common/Cargo /Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriff's Office. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding a function serving as a Valid Public Purpose. She attended the Mental Health Association of Southwest Florida 55th Anniversary Sunset Cruise June 23, 2012. $50 paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS Page 14 June 26, 2012 1) To obtain Board approval for disbursements for the period of May 26, 2012 through June 1, 2012 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 2, 2012 through June 8, 2012 and for submission into the official records of the Board. 3) Recommend approval to decline the grant award of $110,000 for Homeland Security Fiscal Year 2010 Operation Stonegarden-B order Security Federal Grant 42010 -SS -TO -0092. 4) Recommendation to approve the sixteenth year SCAAP letter delegating authority to Sheriff Kevin Rambosk to be the official grant applicant and contact person, or his designee, and to receive and expend the payment of the sixteenth year of State Criminal Alien Assistance Program ( SCAAP) Grant Funds. 5) To obtain Board approval for the third year of Contract #09 -5270, "Auditing Services for Collier County ", with Ernst and Young LLP, in order to provide for Fiscal Year 2012 external audit and authorize corresponding payment of $607,000 for services. K. COUNTY ATTORNEY 1) Recommendation to approve an Agreed Order Awarding Expert Fees and Attorney Fees in connection with Parcel I I IFEE and 111TCE in the lawsuit styled Collier County v. AL Subs, Inc., et al., Case No. 09- 3691-CA, Collier Boulevard Project #60092. (Fiscal Impact: $94,600) 2) Recommendation to approve a Stipulated Order Taxing Supplemental Attorney's Fees in connection with Parcel 811 in the lawsuit styled Collier County v. Myrtle Preserve, LLC, et al., Case No. 07- 0463 -CA, Collier Boulevard Project #51101. (Fiscal Impact: $7,500) 3) Recommendation to approve a mediated settlement agreement prior to trial in the lawsuit entitled Board of County Commissioners, Collier County, Florida, v. Todd Sondrini and Kesia Sondrini, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Page 15 June 26, 2012 Case No. 11- 1402 -CA, to settle a property damage claim for the sum of $10,500 and authorize the Chairman to execute the Settlement Agreement. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider PUDZ- PL2011- 0001519: Naples View RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty -six residential dwelling units on property at 6900 Airport Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider SV- PL2011- 0002805, Agave Southwestern Grill, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition SV- PL20110002805, Page 16 June 26, 2012 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fayade and a second wall sign up to 96 square feet on the western fagade of the building which is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida approving retail tire sales with minor automotive repair as a permitted use in the Creekside Commerce Park CPUD. The subject property is located in Section 27, Township 48 South, Range 25 East Collier County, Florida. D. Recommendation to adopt a resolution approving amendments (appropriating carry- forward, transfers and supplemental revenue) to the Fiscal Year 2011 -12 Adopted Budget. E. Recommendation to adopt an Ordinance establishing a Public Safety Authority and sunset the Emergency Medical Services Policy Advisory Board. F. Recommendation to adopt an amendment to the Flood Damage Prevention Ordinance (FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s recent determination that the County's FDPO is not in compliance with the requirements of the National Flood Insurance Program (NFIP) and (2) the recent amendment to the Florida Building Code. G. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance 2004 -41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulation for unincorporated areas of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two — Zoning Districts and Uses, including Section 2.01.03 Essential Services, to add aviation uses as a permitted use in the Conservation Zoning District on lands adjacent to the Marco Island Executive Airport; Section Four, Conflict and Page 17 June 26, 2012 Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 18 June 26, 2012 June 26, 2012 MR. OCHS : Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, would you please stand for the invocation by Reverend Sammy Mosquera of the United Pentecostal Church. Item # l A INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY THE COUNTY MANAGER ON BEHALF OF REVEREND SAMMY MOSQUERA WHO WAS UNABLE TO ATTEND MR. OCHS: Commissioner, the reverend didn't make it this morning, so I'll sub, if that's all right. Our Heavenly Father, we ask your blessing on these proceedings and all who are gathered here. We ask this, a special blessing on this Board of County Commissioners, guide them in deliberations, grant them wisdom and vision to meet trials of this day and days to come. Bless us now as we undertake business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name, amen. CHAIRMAN COYLE: Thank you. Please remain standing for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Okay. County Manager, if you'll go over the changes to the agenda this morning, please. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR Page 2 June 26, 2012 ADOPTED WITH CHANGES MR. OCHS : Yes, sir, Mr. Chairman. Good morning, Commissioners. These are your proposed agenda changes for the Board of County Commissioner's Meeting of June 26, 2012. The first proposed change is to add Item 4D. It will be a proclamation designating July 2012 as Bladder Cancer Awareness Month in Collier County. That item is added at the request of Commissioner Coyle. The next proposed change is to move Item 16137 from your CRA consent agenda to the regular agenda. And that move is made at staffs request in order to clarify a provision in the executive summary. And the final proposed move, Commissioners -- I've had a discussion with the chairman, and he no longer requires that this item be moved from your summary agenda. So we will not be moving that item to 9B. Commissioners, you have a series of time - certain hearings this morning. Item 11 A on the zoo ponds will be heard at 11 -- excuse me -- at 10 a.m. Items 11 B and C have to do with awarding engineering contracts for beach renourishment and will be heard at 11:30 and 11:45 a.m., respectively. Item 11 D regarding the County Manager's proposed business and economic development office will be heard at 2 p.m. And, finally, Item 9A will be heard in conjunction with Item 11F. That is a PUD amendment followed by an associated Developer Contribution Agreement. We will begin that with Item 9A at 1 p.m. under your advertised public hearings and follow it up with 11 F, and you'll hear those in tandem. Those are all the changes that I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you, County Manager. Page 31 June 26, 2012 County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. We'll start with Commissioners, and we'll start with Commissioner Henning this morning for any other changes to the agenda and for ex parte disclosure for the consent and summary agenda only. COMMISSIONER HENNING: Good morning. Looking forward to a very productive and civil meeting, being our last one before the summer break. Mr. Chairman, on Item 11 A, the zoo pond, other issues may come up besides the pond. Are we just talking about the pond issue? CHAIRMAN COYLE: That's the only thing advertised to the best of my knowledge and it's the only decision we would make today. COMMISSIONER HENNING: Right, and I appreciate that. The ex parte communications that I have, on 17A I received an email; 1713, Planning Commission staff report. Let me go back to 17A. I also received the Planning Commission staff report; on 17C, I spoke to staff. That's all I have. No changes. CHAIRMAN COYLE: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Good morning, sir, and I'm looking forward to this meeting also today. I have no changes to the agenda. And as far as my ex parte disclosure, on the consent agenda I have no disclosures. On the summary agenda, 17A, I reviewed the staff report, on 17B I reviewed the staff report, and that concludes my ex parte. CHAIRMAN COYLE: Okay. Thank you. I have no ex parte disclosure relevant to the consent agenda. On the summary agenda, for Item 17A and -- 17A I have received some emails and I have reviewed the staff report, and on 17B, I have only reviewed the staff report itself. And that concludes my ex parte. I have no other changes to the June 26, 2012 agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have no changes to the agenda either. I have nothing to declare on the consent agenda. On the summary agenda, I just received one email on 17A. I also reviewed staff report on Item 17B. Nothing else to declare as far as ex parte on the summary agenda. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I have no changes to the agenda; no disclosures for consent. With respect to summary, I reviewed the staff report for 17A, reviewed a staff report for 17B, and no communication on C. CHAIRMAN COYLE: Okay. Thank you very much. I will entertain a motion to approve today's regular, consent, and summary agenda as amended. COMMISSIONER HILLER: Motion to approve. COMMISSIONER HENNING: So moved. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The approval of today's regular, consent, and summary agenda is unanimous. Page 5 Proposed Agenda Changes Board of County Commissioners Meeting June 26, 2012 Add On Item 41): Proclamation designating July 2012 as "Bladder Cancer Awareness Month in Collier County'. To be accepted by Carla L. Dean, President, Bladder Cancer Foundation of Florida, Inc. (Sponsored by Commissioner Coyle) Move Item 16137 to Item 14133: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an Impact Fee Assistance Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2654 Bayview Drive, $7,063.31). (Staffs request) Move Item 17E to Item 913: Recommendation to adopt an Ordinance establishing a Public Safety Authority and sunset the Emergency Medical Services Policy Advisory Board. (Commissioner Coyle's request) Time Certain Items: Item 11A to be heard at 10:00 a.m. Item 11B to be heard at 11:30 a.m. Item 11C to be heard at 11:45 a.m. Item 11D to be heard at 2:00 p.m. Items 9A to be heard in conjunction with Item 11F 7/12/2012 12:28 PM June 26, 2012 CHAIRMAN COYLE: That brings us to proclamations, County Manager. Item #4 PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT ALL OF THE PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION DESIGNATING JUNE 20, 2012 AS WORLD REFUGEE DAY. ACCEPTED BY ARMANDO GALELLA, DISTRICT DIRECTOR, CATHOLIC CHARITIES OF COLLIER COUNTY; SHARON KIRKPATRICK, REFUGEE YOUTH AND FAMILY PROGRAM DIRECTOR, CATHOLIC CHARITIES OF COLLIER COUNTY; DESIREE GUTIEREZ AND DOUBLETREE HOTELS. SPONSORED BY COMMISSIONER COLETTA — ADOPTED MR. OCHS: Yes, sir. The first proclamation this morning is Item 4A on your agenda. It's a proclamation designating June 20, 2012, as World Refugee Day. To be accepted by Armando Galella, district director, Catholic Charities of Collier County; Chairman Kirkpatrick, Refugee Youth and Family Program director, Catholic Charities of Collier County; Desiree Gutierrez; and Doubletree Hotels. And this item is sponsored by Commissioner Coletta. If you'd please step forward and receive your award. COMMISSIONER COLETTA: If I may, sir? CHAIRMAN COYLE: You may. You may present the award. COMMISSIONER COLETTA: I have one comment I'd like to make. I've had the pleasure to serve on Catholic Charities Advisory June 26, 2012 Board back in 1994, became their chairman in 1997. Catholic Charities' services are provided to all in need. Their advisory board has representatives from all faith, and three out of four service recipients are non - Catholic. Collier County is home to refugees from various parts of the world who are striving for a better, more peaceful life, seeking freedom and safety from persecution. I'd like to extend a personal thanks to Catholic Charities and all the voluntary agencies who work to help refugees integrate into our society, laws, and culture. Thank you. CHAIRMAN COYLE: Who's going to accept the proclamation? (Applause.) COMMISSIONER COLETTA: Thank you for being here today. COMMISSIONER HENNING: Thank you for your service. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Thank you for all the work you do in our community. CHAIRMAN COYLE: Would either of you like to say a few words? COMMISSIONER FIALA: First, pictures. CHAIRMAN COYLE: You don't have to. COMMISSIONER COLETTA: I didn't say it all. There must be something left to say. COMMISSIONER FIALA: Come on in, get a picture. COMMISSIONER COLETTA: Don't be bashful. (Applause.) Item #4B PROCLAMATION RECOGNIZING AND CONGRATULATING VANDERBILT COUNTRY CLUB ON RECEIVING THE WRAP Page 7 June 26, 2012 AWARD FOR CONTINUED EFFORTS TO PROMOTE WASTE REDUCTION, REUSE, RECYCLING AND ENVIRONMENTAL AWARENESS. ACCEPTED BY JOE NEWELL, CLUBHOUSE MANAGER. SPONSORED BY COMMISSIONER COLETTA — ADOPTED MR. OCHS: Item 4B is a proclamation recognizing and congratulating Vanderbilt Country Club on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling, and environmental awareness. To be accepted by Joe Newell, clubhouse manager; Ramona Luca; and Corky Heinemeyer. (Applause.) COMMISSIONER COLETTA: Good morning. COMMISSIONER FIALA: Good morning. CHAIRMAN COYLE: I have something. You get one too, and then you get a plaque. COMMISSIONER HENNING: Good job. COMMISSIONER COLETTA: Thank you so much for what you're doing. COMMISSIONER FIALA: We love our recycling program. Thank you for participating. (Applause.) MR. NEWELL: May I say a few words? CHAIRMAN COYLE: You may. MR. NEWELL: Thank you. Since I prepared some. On behalf of the staff and members of Vanderbilt Country Club, I'd like to thank the Board of County Commissioners for this award and also Janet Tiago for recognizing our efforts and helping to make this happen. When we started our recycling program we thought there would be resistance from the staff and indifference from the membership, but June 26, 2012 that was not the case. Everyone embraced the idea, and the community has supported our recycling program from the beginning. In fact, this year we're expanding our program with even more recycling containers around the complex, and we're adding -- I'm sorry -- we're adding hazardous materials to our collection efforts this year. We're also thinking green by raising awareness and conservation of water and energy. So it's an honor to receive the WRAP recognition, and we'd like to challenge other country clubs in Collier County to recycle and become part of the solution in reducing the waste and hazardous materials that end up in our landfills. Again, thank you very much. CHAIRMAN COYLE: Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING THE CONTINUED WORK BY SCORE WITH THE PUBLIC AND PRIVATE SECTOR AND THE CONTINUED OUTSTANDING CONTRIBUTION IN ENCOURAGING ENTREPRENEURSHIP AND ECONOMIC DEVELOPMENT. ACCEPTED BY GEORGE AHEARN, CHAIRMAN; KARL WILLIAMS, VICE CHAIRMAN; VIN IZZI, SECRETARY; DICK LANGE, DIRECTOR OF MARKETING AND NEF ESPINOSA, HEAD OF THE LATINO INITIATIVE SPONSORED BY COMMISSIONER COLETTA — ADOPTED MR. OCHS: Item 4C is a proclamation recognizing continued work by SCORE with the public and private sector and the continued outstanding contribution in encouraging entrepreneurship and economic development. To be accepted by George Ahearn, chairman; Karl Williams, June 26, 2012 vice - chairman; Vin Izzi, secretary; Dick Lange, director of marketing; Nef Espinosa, head of Latino Initiative. This item is sponsored by Commissioner Coletta. If you'd please come forward. (Applause.) MR. AHEARN: We have two missing in action here. Sorry about that. CHAIRMAN COYLE: Good morning. Congratulations. Thank you very much. COMMISSIONER COLETTA: Thank you again for all that you do. COMMISSIONER FIALA: Thank you. Thank you for all you're doing. CHAIRMAN COYLE: Thank you for all your good work. MR. AHEARN: I'll have a couple remarks. CHAIRMAN COYLE: Well, you have to have a picture taken first, then we'll get your fingerprints. (Applause.) MR. AHEARN: Hello. My name is George Ahearn. I'm chairman of the SCORE chapter here in Naples. On behalf, of course, of the chapter, Commissioners, I want to thank you so much for continuing to recognize and support us for all of the work we do in Collier. You know, in the long run, all that a SCORE chapter is is the reflection of the community it works in. And the amount of support and encouragement we get, not only from the commissioners but we get from our great chamber, headed by Mike Reagen and all the Alliance partners we have, that motivates us to do more of the things that we do for this community, and that keeps us, our performance, in the top 1 percent of all of the SCORE chapters in the nation. So we're one of the top chapters, and we're very proud of that. But thanks to you to keep us motivated. We appreciate that. Page 10 June 26, 2012 Also, in view of what you're going discuss, I think at 2 o'clock this afternoon, the new Department of Business and Economic Development -- is that right? It's going to be on your agenda at two this afternoon, Leo -- that the County Manager's going to present, you know, we support that proposal 100 percent. And, of course, we're going to use all our resources and efforts to try and make it a success. And Leo, we're going to try to align our strategic plan along with what your new department will have in the coming year going ahead. Other than accolades that Jim so aptly put on the proclamation, there's a lot of things about SCORE that maybe many of you don't know other than the blocking and tackling we do in counseling and education. We do a lot of things in addition to that and, of course, as a member of the partnership that -- for the future of our Collier economy that Mike Reagen put together, we are a member of that group, and we work very hard trying to help with business development in the county. In the last 12 months alone, the SCORE chapter here, our volunteers, have donated just short of 12,000 hours in the last 12 months in counseling, educating, and working within the community for business development and jobs, creation of jobs. We handle -- I think you'll be surprised. We handle about 200 cases a month of people who come to us for counseling as well as face -to -face and online counseling, and more than 1,000 people in the last year have attended our workshops. So we are very active in this community and -- even though the number of business units here are not as large as some of the bigger counties in Florida. In fact, a recent 2011 Gallop survey run last year by Gallop about SCORE in general -- this is some interesting data you'll see. In the State of Florida alone SCORE assisted in the startup of about 3,342 new Florida businesses and creation of about 5,200 new jobs in Page 11 June 26, 2012 Florida for last year alone. If you look on the national scale, SCORE continues to be probably the most cost effective job generation machine, I like to call it, in the country, and I think that might be a surprise to a lot of you. But it's the cost -- I think a real compelling statistic is what it costs SCORE to generate jobs and new businesses. The cost to generate a single business is only about $173 per business. To generate a single job is merely $104, and that's a pretty compelling cheap way to create new businesses and jobs. Another interesting statistic is that for every federal dollar that's appropriated to SCORE -- and it's not much because we're not really part of the Small Business Administration -- SCORE clients return $57 back to the federal treasury for every one dollar. So I see where Leo might want to hear this. But I looked at his new budget for 400,000 and I said, well, Leo, if you can get that kind of return, that would mean that you'd get $22.8 million for that $400,000, and that's the record of SCORE, the return, and that is a fantastic return for any kind of government program, believe me. So I just want to conclude by saying thank you so much for recognizing us. We're going to continue this level of performance going forward. And you want to say something, Jim? COMMISSIONER COLETTA: Yes, if I may, sir. I know you're familiar with my story, but -- MR. AHEARN: Right. COMMISSIONER COLETTA: -- a lot of other people aren't. My first business venture would not have been the success that it was some 45 years ago if it wasn't for the assistance I received from SCORE. I am a firm believer in the values of the SCORE program which promote business growth in Collier County through face -to -face counseling. It's a tremendous program. I want to add I don't want to miss an opportunity to recognize the Page 12 June 26, 2012 efforts of SCORE, and myself with the Tax Collector's Office -- MR. AHEARN: Yes. COMMISSIONER COLETTA: -- and the -- our annual program that we have where we do it without any funds from this commission. It's all money donated from the public where cards are printed up, that tell about the advantage of working with SCORE, the fact that it's free. And these informational pamphlets are inserted into the business license that go to every business in Collier County. And it has been an amazing venture in the fact that it's brought in hundreds and hundreds of people who were in dire straits and needed assistance -- MR. AHEARN: Right. COMMISSIONER COLETTA: -- and couldn't afford that assistance through normal means. And I know whenever these mailings have gone out, they've produced a tremendous outpouring of calls coming into the office for all sorts of assistance. MR. AHEARN: Right. COMMISSIONER COLETTA: And I commend you and the tax collector for working together to be able to make this happen. MR. AHEARN: Thank you, particularly commissioner Coletta, for the work you do there. Jim is on our leadership council with a number of other major leaders of the community, along with Professor Timur who did a comparative study as well, and he's getting a lot of propaganda, I see, from SCORE to help promote the things we do. So thanks again for the recognition. Appreciate it. CHAIRMAN COYLE: Commissioner Fiala has comments, too. COMMISSIONER FIALA: Just a simple request, please. MR. AHEARN: Sure. COMMISSIONER FIALA: Could you give me a copy of those figures that you just read to us. MR. AHEARN: Yes. COMMISSIONER FIALA: And give another one to Leo -- Page 13 June 26, 2012 MR. AHEARN: Okay. COMMISSIONER FIALA: -- for his economic department. MR. AHEARN: Be glad to do that; be glad to do that. COMMISSIONER FIALA: Thank you. MR. AHEARN: All right. Thanks. (Applause.) Item #4D PROCLAMATION DESIGNATING JULY, 2012 AS "BLADDER C ANTrFR AWARF,NFSSN MONTH IN COLLIER COUNTY ". ACCEPTED BY CARLA L. DEAN, PRESIDENT, BLADDER CANCER FOUNDATION OF FLORIDA, INC. SPONSORED BY COMMISSIONER COYLE — ADOPTED MR. OCHS: Commissioners, Item 4D is a proclamation designating July 2012 as Bladder Cancer Awareness Month in Collier County. To be accepted by Carla L. Dean, president, Bladder Cancer Foundation of Florida, Incorporated, and James Dean, Jr., treasurer. Please come on forward. (Applause.) MS. DEAN: Thank you. (Applause.) CHAIRMAN COYLE: Thank you. And Jim Dean is going to make some comments. MR. DEAN: Yeah. We thought we'd double -team you this morning. CHAIRMAN COYLE: That's all right. It's a good cause. MR. DEAN: Thank you very much. I appreciate this proclamation, Chairman Coyle, the County Commissioners. I'd like to also express a special gratitude to a couple of friends that assisted us, and that's Kathleen Passidomo and Garrett Richter, in doing a joint Page 14 June 26, 2012 resolution with the Florida Legislature declaring Florida Bladder Awareness Month for July 2012. My kudos go out to them. Doggedly, my wife wouldn't accept that, so she went to Tallahassee, and she went to every office in the capitol and thanked every one of the representatives and senators for this joint resolution and their 100 percent vote on that resolution. The proclamation you have in front of you tells you some main points about bladder cancer; however, research has produced some of the interesting facts. In Florida it's the third highest incidence of bladder cancer. In Florida we hold the record of second in the nation of bladder cancer deaths. The solution to this problem is education to create awareness of the early signs and symptoms plus encouraging proactive action by patients and their primary care doctors. Here's a quick story, if I may, that shows the importance of early detection. My wife and I have a friend on the east coast. His name's Ed. Before bladder cancer, we didn't know each other; however, Ed and I shared a similar path. We were both field artillery officers and we attended officer candidate school at the same time. I graduated a couple of months ahead of him, so I had time and grade, obviously. So he knows his place. There's a few people in this room who know what that's all about, and I'll let it stand there. We both served in Vietnam for 19 months. He was with the 9th Infantry Division and I was with the 199th. It turns out that our units were very close working in the areas of operation. I have another friend in Oklahoma City that is a seven -year cancer survivor. He was with the 9th Division, but he was a pilot and flew with them and has about 6,000 combat hours under his belt. Ed's path to bladder cancer was early detection. And in receiving proactive treatment at an early stage, he is not cured but cancer free for the time being. My story was very different from Ed's. I had no symptoms until Page 15 June 26, 2012 July 2010 when I showed a great deal of blood. I immediately went to the doctor, and after a few hours of tests, I was sent to a urologist for an exam. When the exam was finished, the urologist told me I had bladder cancer but he couldn't tell how bad it was without a more thorough exam and biopsy. After the biopsy that weekend, I was told that I had Stage 4 cancer, bladder cancer, and that it had spread and that it had departed the bladder and gone to other organs in the body. And they -- just about as bad as could be. I was also told unless I had radical surgery I was most likely not going to live long. My surgery at Naples Community Hospital, performed by Dr. David Ornstein and Kendall Wise, lasted nine - and -a -half hours. I spent nine days in the hospital and recovered for about a month before I started six months of chemo. Once I completed chemo, I had CT scans done every three months to make sure the cancer hadn't returned. In the 15 -month point, my oncologist, Dr. Joel Grossman, decided to extend that to every six months. I am a survivor but live with the uncertainty that it will return. And with this cancer, there's an 80 percent chance it will return in some other organ in my body. My case is not unusual, and it is repeated thousands of times in this country. This is an extremely aggressive cancer. Bladder cancer is the fifth most common cancer, the highest in long -term cost. To date I'm probably into it about a half million dollars, and each month we spend approximately $1,000 just on supplies alone. It ranks 19th in research dollars, though. This is why we have formed the Bladder Cancer Foundation of Florida, a nonprofit foundation to help awareness and hopefully raise funds to put towards research. We face an appeal fight against public attention and /or awareness. A recent example to that was that we were going to try to hold a bladder cancer walk. And July's pretty warm here in Southwest Florida. So, logically, we thought, well, maybe Coastland Mall would Page 16 June 26, 2012 be a place to hold this walk. We approached them. Much to our surprise; we have to consider what we expose our customers to and we do not want to expose them to "that," emphasis on that. So we're not going to give you permission to use the mall. I mean, lives are going to be lost because lack of awareness of this disease simply because people don't want to talk about anything below the belt. Commissioner Coyle, do you know 27 men? CHAIRMAN COYLE: Yeah. MR. DEAN: Well, one of them statistically is going to have bladder cancer, and that could be you also. Ladies, you know 27 women? Statistically, you'd have to have -- know at least two- and -a -half times that 27 in order to have one bladder cancer. And, of course, that could be you also, everybody around here. I just want to leave you with a -- just a closing note that this is an assiduous disease, it needs to be addressed, and you need to be conscious. Because ladies have a different plumbing system than the men do, they're more apt to have bladder infections. Men, if a doctor tells you you have a bladder infection, get over to a urologist and get an exam, because men, historically, do not get bladder cancer (sic) very often. It can sit there and do absolutely nothing but grow, and you won't know it until it's too late. And when I say it's too late, it can be a one stepper. I have friends that have come to me who've had relatives that -- literally, they were diagnosed, and in two months they were dead. That's how serious it is. Thank you very much once again. CHAIRMAN COYLE: Thank you, Jim. (Applause.) CHAIRMAN COYLE: Best wishes to you and Carla. And thank you for the good work you're doing. MS. DEAN: Thank you. Page 17 June 26, 2012 MR. DEAN: We were going to bring you some bladder cancer pins, but we're told that that might corrupt the elected officials. But as a treasurer of the Bladder Cancer Awareness Foundation, I would be happy to sell you one of these pins for $100 apiece. We need funds. CHAIRMAN COYLE: That's great, Jim. Thank you. Okay. Is there a motion to approve the proclamations? COMMISSIONER COLETTA: Motion is made. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve the proclamations by Commissioner Coletta, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The proclamations are approved unanimously. MR. OCHS : Thank you. CHAIRMAN COYLE: That brings us to presentations, County Manager. Item #5A PRESENTATION BY TRICIA DORN, KEY ACCOUNT EXECUTIVE FOR LCEC (LEE COUNTY ELECTRIC COOPERATIVE), PRESENTING AN EQUITY PAYOUT OF $145311.01 TO THE BOARD OF COUNTY COMMISSIONERS — PRESENTED Page 18 June 26, 2012 MR. OCHS: Yes, sir. Item 5A is a presentation by Tricia Dorn, key account executive of Lee County Electric Cooperative, representing an equity payout of $14,311.01 to the Board of County Commissioners. Ms. Dorn, good morning. MS. DORN: Thank you, Leo. Good morning. Tricia Dorn with Lee County Electric. We're a not - for - profit electric utility serving approximately 45,000 customers in Collier County. And today I'm here with good news. The LCEC Board of Trustees agreed to another payout again this year to our members. Over the years we have paid out about $191 million in equity to our members, and today -- this year we approved $13 million. This is in addition to no rate increases over the past four years. And today I'm here to present to you, as Leo said, with a check, in the amount of $14,311.01. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) MS. DORN: I'll give the check to Crystal. CHAIRMAN COYLE: I'm not going to applaud now. COMMISSIONER COLETTA: Goodbye, check. MS. DORN: Thank you. CHAIRMAN COYLE: Thank you very much. COMMISSIONER COLETTA: Thank you. MR. OCHS: Thank you, Tricia. (Applause.) CHAIRMAN COYLE: Those are the kinds of presentations we enjoy here. MR. OCHS: Yes, sir. Keep them coming, huh? CHAIRMAN COYLE: Yeah, with money. MR. OCHS: Exactly. Page 19 June 26, 2012 Item #6A PUBLIC PETITION REQUEST FROM MS. LESVIA MARTINEZ REGARDING A TRAFFIC LIGHT AND CROSSING LANES AT THE INTERSECTION OF LAKE TRAFFORD ROAD AND NORTH 19TH STREET IN IMMOKALEE — PRESENTED BY ANDREA LUIS — MOTION TO BRING BACK WITH A STAFF REPORT AT EARLIEST POSSIBLE DATE — APPROVED Commissioners, that takes us to Item 6 on your agenda this morning, public petitions. Item 6A is a public petition request from Ms. Lesvia Martinez regarding a traffic light and crossing lanes at the intersection of Lake Trafford Road and North 19th Street in Immokalee. Mr. Chairman, I'm not sure that Ms. Martinez is here, but Ms. Andrea Luis is here. And she was the original petitioner and then didn't think she'd be able to make it, so they substituted Ms. Martinez. I think now we're back to Ms. Luis, if the chair would like to hear the petition. CHAIRMAN COYLE: Yep. That's fine. Let's proceed. Welcome; good morning. MS. LUIS: Good morning. Good morning, Commissioners. CHAIRMAN COYLE: Could you pull that microphone down a little closer for you. There you go. Good. MS. LUIS: My name is Andrea. I come from Immokalee. And like you heard, we're petitioning for a streetlight. We would like it before any accidents happen there. I believe we've had some already. And the reason for our request is because there has been at least from seven to 10 subdivisions being built all on Lake Trafford Road, and that's like at least 300 cars coming out of every housing (sic) that has been built. You know, I'm not talking about every house; every housing authorities. And so that's why we are petitioning. Page 20 June 26, 2012 Plus, the corner right there has three businesses, one on each side, so that makes it real difficult for the people, which is myself, that live on that street for us to get out you know, and get into Lake Trafford Road and get out of our businesses. It -- I mean, you have to sit there and count cars, actually count cars -- I have done it -- from seven to 15 before you can cross the street and you know, get on your way. So that's why we have this petition. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And I thank you so much. This petition was originally presented to me back in Immokalee about a month or so ago, month and a half ago. And I requested -- excuse me -- that they bring it forward to the commission under public petition so you could all hear what had to be said. But also, too, it gives us the ability here with the commissioners all seated to be able to bring this back for a full hearing, and I do think it deserves some consideration because of the circumstances that prevail here, and we don't have all the answers. We know that there's a safety and health risk. We don't know the magnitude of it. So I'm making a motion that we bring this back for a full hearing. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to bring it back for a full hearing. Second by? COMMISSIONER FIALA: I'll second. CHAIRMAN COYLE: Commissioner Fiala. Commissioner Henning, you have a comment? COMMISSIONER HENNING: Yeah. Can we just direct staff to do a warrant study for a traffic light before they bring it back? COMMISSIONER FIALA: I would think that's important. COMMISSIONER COLETTA: I would make that part of the motion that we bring it back with a warrant study all ready to go. COMMISSIONER HENNING: Yeah. That's great. I can really support that. Page 21 June 26, 2012 COMMISSIONER COLETTA: Thank you, Commissioner Henning. That's a great idea. CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Your petition is approved. We'll bring it back for a final decision by the Board of County Commissioners at the earliest possible date. MS. LUIS: Okay, thank you. CHAIRMAN COYLE: Thank you for being here. MS. LUIS: Thank you, everybody. And thank you, everybody here. Bye. COMMISSIONER HENNING: Thank you. Item #6B PUBLIC PETITION REQUEST FROM RICHARD ROGAN REQUESTING ADVANCED STREET SIGNS ON CR951, IN ADVANCE OF NAPLES HERITAGE DRIVE — MOTION FOR STAFF TO WORK WITH PETITIONER ON REQUIREMENTS TO HAVE SIGNS ERECTED; BCC EXERCISED WAIVER OF STREET SIGN GUIDELINES AND APPROVED ITEM WITH APPROPRTATE PERMITS — APPROVED MR. OCHS: Commissioners, Item 613 is a public petition request from Richard Rogan requesting advance street sign -- street signs, Page 22 June 26, 2012 excuse me, on County Road 951 -- that's Collier Boulevard -- in advance of Naples Heritage Drive. Good morning, sir. MR. ROGAN: Thank you, sir. Good morning. My name is Richard Rogan. I'm the vice president of the Naples Heritage Homeowner's Association. I'm here today with Patrick Dorbad, the general manager of our club. And we're here to request approval for the installation of advance street signs at the entrance to our community off of Collier Boulevard. There are two entrances to Naples Heritage; one off Collier Boulevard and the other off Davis Boulevard. Many of our residents experience difficulty negotiating the turn into our community off of Collier Boulevard onto Naples Heritage Drive. While we have not yet had an incident, we're convinced that we have an accident waiting to happen. And this is about to become more critical now that the widening of Davis Boulevard in front of our main gate is getting underway. We anticipate more residents will be using the entrance on Collier Boulevard to avoid the construction, which we expect will take about 18 to 24 months. In April 2010 we made a request of the Department of Transportation and Engineering that advance street signs be installed both northbound and southbound on Collier Boulevard identifying Naples Heritage Drive. Our understanding of the guidelines contained in the Traffic Engineering Manual, Paragraph 2.37.6 -- a copy of which was attached to our request to speak today -- required that a dedicated left -turn lane be present and that the speed limit on the major road be not less than 45 miles per hour. Both of those conditions are present. In addition, the number of advance street signs in place at non - signalized intersections on Rattlesnake Hammock, Livingston, and other locations around Naples would indicate that our request was Page 23 June 26, 2012 consistent with current practices. In fact, we also received some verbal encouragement that our request was appropriate. We were advised that a new guideline was under development and that there would be some delay. The drafts that we have seen since incorporate the requirement of an average daily vehicle count of 2,000 on the minor roadway, or that it serves as a single access to a resident -- residential development with a minimum of 600 homes. Acknowledging that we do not meet either of these new requirements but also not having beneficially turned -- been officially turned down, we decided to come before the Commission to request an exemption from what we thought were new guidelines. As I said earlier, the upcoming construction on Davis Boulevard has added to our anxiety. Since having been placed on today's agenda we have learned that the new guidelines -- excuse me -- have not been put in place yet and are, indeed, scheduled to be approved by this Commission today. In the past two weeks we've been contacted twice with the suggestion that we withdraw our request to speak today and file a request for consideration after the new guidelines are approved. Quite frankly, nothing seems to have happened in the last 26 months. Giving up an opportunity to speak today just doesn't feel good. We think our patience has earned us some sort of consideration. If establishing new guidelines can wait 26 months, it's apparent there is little demand for what we're asking. Surely making an exception from whatever rules or guidelines now apply is not likely to create an avalanche of similar requests. Can we just have a couple of signs? CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Thank you. The -- after seeing this on the agenda, this weekend I drove down Collier Boulevard at night to the north, and, because of the lighting there, it is very difficult Page 24 June 26, 2012 to recognize that community entrance. Now, on 16A16, the board just passed a variance from requirements requesting communities with a waiver. To me, this is a waiver. So why don't we just recognize it as a waiver and move on? So I'll make that motion. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Commissioner Henning makes a motion to, essentially, to approve your petition. Commissioner Fiala seconds it. Any comments by Commissioners? Any comments by staff? MR. OCHS: Commissioner, my only comment is that staff has been in communication with Mr. Rogan. We're supportive of what they want to do. The waiver provision that Commissioner Henning cited is, in fact, the mechanism that we would ask the board to use to allow us to move forward to complete this project and get the signs up. We were going to bring it back as a consent item at your next -- at your next board meeting in July, but if you want to expedite that this morning, we're happy to do that. CHAIRMAN COYLE: Well, is there anything that is not being done by this particular motion that would be -- would prevent staff from issuing the permission for the sign? MR. OCHS: No, sir. I think the motion was to exercise the waiver provision in your street guidelines -- street -sign guideline, and that's all we need to move forward with this. CHAIRMAN COYLE: Well, I think it was more than that. It was that this is the waiver. We approve it. MR. OCHS: Yes, yes. CHAIRMAN COYLE: Okay. Now, is there anything else that you need though, under the regulatory guidelines? MR. OCHS: No, no. CHAIRMAN COYLE: Okay. So, essentially, our affirmative vote this morning will result in the sign being provided to this Page 25 June 26, 2012 community? MR. OCHS: I'm going to look at Mr. Ahmad for a minute and just make sure. MR. AHMAD: That's all we need, Mr. Chairman; your approval today of a waiver. They would have to come for an encroachment permit, a permit to install the signs so we have records of these signs also. CHAIRMAN COYLE: Is there a fee for that? MR. AHMAD: I believe three is a fee for a right -of -way permitting process and, of course, there's a cost to install the signs. Per the guidelines that you approved, they are responsible for the cost of installing these signs. CHAIRMAN COYLE: Okay. MR. ROGAN: That's fine. We're in agreement. CHAIRMAN COYLE: Commissioner Henning, would it -- yeah, the petitioner seems to agree with that. Commissioner Henning, would it be okay if your motion were also to say that it should be issued in accordance with our current variance process. COMMISSIONER HENNING: Fee process. CHAIRMAN COYLE: Okay. Very well. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously, and you're going to get your sign. MR. ROGAN: Great, that's great. I have a question. Is there Page 26 June 26, 2012 now an action we need to take? You mentioned a permit. Is there a form? MR. OCHS: Sir, we'll get with you offline, Mr. Ahmad, and make sure you have everything you need. MR. ROGAN: Thank you all; thank you all very much. MR. OCHS: You're welcome. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS Commissioner that moves you to Item 7 on your agenda this morning. It's public comments on general topics. MR. MITCHELL: Sir, we've just one speaker. That's Steve Holmes. CHAIRMAN COYLE: Good morning. MR. HOLMES: Good morning, Commissioners. I'm Steve Holmes, the executive director for the Commission for Transportation Disadvantaged. I was in front of you a couple months ago when we were talking about Medicaid transportation. I'm here to report to you today that the Medical Transportation Management Company, MTM, will be providing your Medicaid — non - emergency Medicaid transportation beginning Friday, July 1 st. Your staff have been conducting a transition with MTM, and that has been going very well. And I just wanted to say thank you for the staff and the work, and we were able to get a Medicaid transportation provider here in Collier County. And just three things to be aware of, because you may hear these from constituents, because as MTM begins to try to work within the budget that they have, you may hear a couple things, one thing being out -of- county transportation will move from five days a week, which Collier County was providing, to three days a week. They will still be Page 27 June 26, 2012 able to provide their transportation. It will just be now on a -- three days per week instead of five days per week. Another item will be MTM will be working with the Medicaid providers and with the doctors to see if the recipients could provide or could receive their medical treatment at a closer facility. So they'll be working with the constituents for that. Two programs that MTM will be bringing to Collier County, one will be a mileage reimbursement program. So if you have somebody who does not have access to transportation but has a friend or somebody willing to drive them, MTM will reimburse them for the mileage. So that's one program they're going to be bringing into Collier County. And the other one is a bus pass program. They're working with CAT and everybody in Collier County on the transportation side to implement a bus pass program where Medicaid recipients will be receiving a discount on their transportation. So with that, Commissioners, I want to thank you, and I appreciate the challenge you provided to me a few months ago, and thank goodness to MTM for stepping up. And we will be working with you and with them to ensure this transition continues to move smoothly in the next few months. But I wanted to mention the constituent constraints you may see. But we do have somebody in place for you beginning the 1 st of July. CHAIRMAN COYLE: Thank you very much for the update. MR. HOLMES: Thank you. CHAIRMAN COYLE: Thanks for being here. MR. MITCHELL: Sir, you have no other speakers. CHAIRMAN COYLE: Okay. Item # l OA RESOLUTION 2012 -122: APPOINTING COMMISSIONER June 26, 2012 COLETTA AND COMMISSIONER FIALA TO THE VALUE ADJUSTMENT BOARD WITH REMAINING COMMISSIONERS SERVING AS ALTERNATES — ADOPTED MR. OCHS: Commissioners, that takes us to Item l0A on your agenda this morning. It's Board of County Commissioners, A -- l0A is an appointment of two Collier County Commissioners to the Value Adjustment Board with three Collier County Commissioners as alternates. CHAIRMAN COYLE: Who wants to be the two active members? COMMISSIONER COLETTA: I've done it for 10 out of 12 years, and I'll be happy to do it again. COMMISSIONER FIALA: I'll do it also. CHAIRMAN COYLE: Okay. We've got two volunteers, ladies and gentlemen. I make a motion we appoint Commissioner Coletta and Commissioner Fiala as the primary members and appoint the rest of us as alternates. Anybody have objection to that? (No response.) CHAIRMAN COYLE: Is there a second? COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Second by Commissioner Henning. All in favor please, signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 29 (No response.) CHAIRMAN COYLE: Item #I OB It is done. Thank you. June 26, 2012 REQUEST BY THE HISPANIC AFFAIRS ADVISORY BOARD TO HAVE THE BOARD OF COUNTY COMMISSIONERS DECLARE A SEAT VACANT ON THE HISPANIC AFFAIRS ADVISORY BOARD — APPROVED MR. OCHS: Item IOB is a request from the Hispanic Affairs Advisory Board to have the Board of County Commissioners declare a seat vacant on the Hispanic Affairs Advisory Board. CHAIRMAN COYLE: Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to approve by me, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Then it is done. MR. OCHS: IOC is the announcement of advisory board vacancies and the press release dated June 19, 2012. MR. MITCHELL: Could we just delay that till later, please? Sorry. CHAIRMAN COYLE: We won't ask for an explanation, but Page 30 June 26, 2012 that's right. We can do it later. What can we get done in less than 13 minutes, County Manager? Item 41 I E RECOMMENDATION TO AWARD BID NO. #11 -5781, " NCWRF EFFLUENT FILTER SET 1 REHABILITATION PROJECT", TO DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $19563,000 FOR PROJECT NO. 73968, THE NORTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT; AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $1,100,000 FROM PROJECT NO. 70050, MASTER PUMP STATION TECHNICAL SUPPORT, TO PROJECT NO. 73968 NCWRF TECHNICAL SUPPORT PROJECT — APPROVED MR. OCHS : Yes, sir. I believe you can do Item 11 E on your agenda this morning, Commissioners. It's a recommendation to award Bid No. 11 -5781, North County Water Reclamation Facility Effluent Filter Set 1 Rehabilitation Project, that award to Douglas Higgins, Incorporated, in the amount of $1,563,000. And Mr. Craig Paj er, your public utilities principal project manager, will present. CHAIRMAN COYLE: Okay. MR. PAJER: Good morning, Commissioners. For the record, my name is Craig Pajer, principal project manager with planning and project management in the public utilities division. I have a brief presentation for you. I can -- or I can answer any questions that you may have at this time, depending upon your preference. CHAIRMAN COYLE: Do the Commissioners have any questions? COMMISSIONER COLETTA: Motion to approve. Page 31 June 26, 2012 CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Coletta. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes 4 -0. MR. OCHS: 4 -0. Thank you, sir. MR. PAJER: Thank you. CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: Sir, I could do the press release now. CHAIRMAN COYLE: Can you get it done in less than 12 minutes? MR. MITCHELL: You better believe it. CHAIRMAN COYLE: Okay. Very well, go ahead. Item #10C ADVISORY BOARD VACANCIES, PRESS RELEASE DATED JUNE 195 2012 — READ INTO RECORD BY IAN MITCHELL, EXECUTIVE MANAGER TO THE BCC MR. MITCHELL: The Affordable Housing Advisory Committee has two vacancies for four members and one vacancy for an alternate; the Bayshore Gateway Triangle Local Redevelopment Advisory Board has one vacancy; the Collier County Productivity Committee -- and this is a really important committee for the county -- Page 32 June 26, 2012 has three vacancies. The Board of Building Adjustments and Appeals has two vacancies; and Golden Gate Estates Land Trust Committee has one vacancy. And I would like to point out this: We've been advertising this now for almost seven months. The Hispanic Affairs Advisory Committee has three vacancies; the Ochopee Fire Control District Advisory Committee has one vacancy; and finally the Floodplain Management Planning Committee has two vacancies, and this committee serves at the County Manager's discretion. Thank you. CHAIRMAN COYLE: Okay, thank you. What do you recommend at this point in time? Item #14B2 RECOMMENDATION THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW CRA STAFF RECOMMENDATIONS CONCERNING BAYSHORE GATEWAY TRIANGLE CRA TAX INCREMENT FUND (TIF) GRANT PROGRAMS FOR THE REMAINDER OF FISCAL YEAR 2012 AND PROVIDE DIRECTION AS DETERMINED BY THE BOARD — MOTION TO SUSPEND ANY GRANT AWARD THAT COMES FORWARD FOR APPROVAL UNTIL THE END OF THE FISCAL YEAR WITH THE EXCEPTION OF TODAY'S ITEMS — APPROVED MR. OCHS: Sir, I recommend that we go to Item 14B2 on your agenda this morning. It's a recommendation that the Collier County Community Redevelopment Agency review CRA staff recommendations concerning Bayshore /Gateway Triangle CRA Tax Increment Fund Grant programs for the remainder of Fiscal Year 2012 and provide direction as determined by the Board. Page 33 June 26, 2012 You would be acting as the CRA, I believe. CHAIRMAN COYLE: Okay. I'll turn the gavel over to Commissioner Fiala. You want to call the CRA Board to order? CHAIRMAN FIALA: The CRA Board is now in order. COMMISSIONER COYLE: Okay. MR. JACKSON: Good morning, Commissioners. David Jackson, executive director of the Bayshore /Gateway Triangle Redevelopment Agency. The item before you is 14132. We came to you in February and we also came to you back in May to talk about the grant programs. You also gave us direction to return in 90 days, and we are at the 90 -day period of looking at these grants after reviewing our budget for FY2013. Our recommendation here is for you, as the board, to cease all grants for the rest of this fiscal year while we go and look at the other grant programs and retool them and bring them back to you in September, and then we will roll over the remaining funds from Fiscal Year ' 12 to Fiscal Year ' 13 and put that into the budget. And we've done that already. So I'm looking for a motion for you to approve putting a hold or a stop on all CRA grants. This does not include the Fifth Third grant for residential improvements, which is not CRA funds. CHAIRMAN FIALA: Commissioners, any questions, or may I hear a motion? Oh, Commissioner Hiller. COMMISSIONER HILLER: Yeah. I agree that we have to suspend all the grants through the end of the year. My concern is that on today's agenda we have a number of grants that are coming forward for approval, and I think that those should be suspended as well and that they should not be approved in light of your recommendation. CHAIRMAN FIALA: Aren't they the -- MR. JACKSON: That's too late, Commissioner. You've already Page 34 June 26, 2012 approved them, the grants on today's agenda. The following agenda item here that -- if we go into 14B3, we can talk about it. It was pulled because there was a typographical error. COMMISSIONER HILLER: Well, we haven't approved them yet. I mean, there's -- the ones on consent? MR. OCHS: Yes, ma'am. When you -- COMMISSIONER HILLER: Well, I think there's a real problem, because there's a conflict between approving those and this proposal that we're making here right now. I mean, I don't see how we can, you know, approve these and at the same time say that, you know, there won't be any further grant approvals. MR. JACKSON: Well, Commissioner, if you look in considerations, if you read the executive summary -- and I'll read this portion to you. In considerations, Paragraph 2, to date, including the July 26, 2012, agreements that are on the agenda today, there will be approximately $37,537 to roll over. COMMISSIONER HILLER: I understand. There's -- that's very clear. It doesn't eliminate the fact that the policy should be that we should not be approving any further grants. And, you know, we are in major financial difficulties. The bank is not extending the terms of the loan. We don't have funds to repay the loan. And, you know, we're sitting here approving grants when we have a debt obligation that we can't meet. It's just fiscally irresponsible. So the policy going forward not to issue any grants is certainly a prudent one, and I support it, and I'll make a motion to approve it without the inclusion of the grants that are being brought forward today. COMMISSIONER COYLE: Well, that doesn't -- MR. JACKSON: Chairman Fiala, I'm really confused with her statement, because the consent agenda has already been approved. MR. KLATZKOW: David, David. MR. JACKSON: And so -- Page 35 June 26, 2012 MR. KLATZKOW: I understand Commissioner Hiller's position. That would require a motion to reconsider. MR.00HS: Right. MR. KLATZKOW: We could then pull what has already been approved on the consent agenda back on the regular agenda, and you can discuss it. So I suggest you really, bifurcate your motion ma'am -- COMMISSIONER HILLER: I'll do that. MR. KLATZKOW: -- to this item, then a reconsideration. COMMISSIONER HILLER: I'll bifurcate it. COMMISSIONER COYLE: You have a motion already, don't you? COMMISSIONER HILLER: I'm going to -- COMMISSIONER COYLE: You didn't have a motion. COMMISSIONER HILLER: No, I don't think a motion was made. I'm making a motion that we approve the suspension of all grants through the end of the year, and then I will make a second motion to bring back the items that were approved on consent. CHAIRMAN FIALA: Well, let's take one motion at a time. COMMISSIONER HILLER: Sure. CHAIRMAN FIALA: Okay. Motion to approve this item. And you said to the end of the year. You mean to the end of the fiscal year? COMMISSIONER HILLER: Uh -huh, that's going through -- CHAIRMAN FIALA: Okay. To the end of this -- COMMISSIONER HILLER: -- through September. CHAIRMAN FIALA: -- fiscal year? COMMISSIONER HILLER: Right. And then in September we're going to reconsider what needs to be done. CHAIRMAN FIALA: Right. Do I hear a second to that motion? COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a second to the motion. And let me just state for everybody's understanding, the motion is to Page 36 June 26, 2012 approve Item No. -- what is that -- 14B2 to suspend any further grants that -- from the CRA until the new fiscal year, till the end of this fiscal year. MR. OCHS: With the one noted exception of Fifth Third Bank. COMMISSIONER HILLER: Right. CHAIRMAN FIALA: Yes, except -- thank you very much, Leo. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. We have a motion and a second. Any further discussion? MR. JACKSON: I have one question, Commissioner. The follow -on item that is a grant -- depending on what your next motion will be, I would like for the follow -on item to not be included in the suspension of the grants, because this was originally on the consent agenda and brought forward. This is for an impact -fee grant to build a house. MR. KLATZKOW: That's separate. COMMISSIONER HENNING: That's a separate item, David. MR. KLATZKOW: Separate item. MR. JACKSON: Correct. COMMISSIONER HENNING: It's not a part of this motion. MR. JACKSON: All right. Well, we'll see what happens. CHAIRMAN FIALA: All right. So it's not a part of this motion. MR. OCHS: Correct. CHAIRMAN FIALA: Just to clarify it. MR. OCHS: Correct. CHAIRMAN FIALA: Okay, fine. Thank you. That's a good point, Commissioner Henning, so thank you for bringing that up. COMMISSIONER COYLE: And I have a question, David. MR. JACKSON: Yes, sir. COMMISSIONER COYLE: Why did you recommend that we proceed with the grants that are on the consent agenda rather than suspending all of those? Do you have reasons for that? Page 37 June 26, 2012 MR. JACKSON: Yes, sir. The first one is -- common sense and logic is that these people have applied for these grants over the last two months. They've been vetted through staff, through the advisory board, and through the County Attorney's Office. They applied for these grants while the program was in effect. And in good faith, they should be -- in my opinion, be approved. There's ample funding for it. I brought forward this item -- was to -- at the completion of the grants that were on consent and the one following this, that there would be 37 thousand dollars, five hundred -- $37,500 to roll over into next year and suspend the grants for the rest of this period. It is my opinion, as the executive director, that these people applied in good faith while the programs were in effect, as approved by the Board. And you said, in June you would come back -- now it's June -- to review these. And my recommendation is to suspend all further grants, if they come forward, after this date. COMMISSIONER COYLE: Okay. And you feel that those grants will then somehow benefit the community and the CRA? MR. JACKSON: Yes, sir. Two of them are for businesses, and one of them is to build a house. COMMISSIONER COYLE: Okay. MR. JACKSON: And with a house going on the tax rolls, we'll increase the TIF. It's on a vacant parcel. The other two businesses are businesses that are start -ups, and they're using the funds to improve buildings and create jobs. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN FIALA: Okay. We have a motion and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. June 26, 2012 CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. So that's a 3 -2, is that it? Okay. MR. OCHS : Commissioner, one more item very quickly is 14B3. COMMISSIONER COYLE: The motion failed, didn't it? COMMISSIONER HENNING: No. COMMISSIONER COYLE: Or did it not? CHAIRMAN FIALA: No. You -- COMMISSIONER COLETTA: I voted against it. CHAIRMAN FIALA: Commissioner Coletta voted against it; Commissioner Coyle voted against it. COMMISSIONER COYLE: Okay. And you -- how did you vote? CHAIRMAN FIALA: I voted for it. COMMISSIONER COYLE: For the motion? CHAIRMAN FIALA: The motion to -- and the motion is to approve this item. COMMISSIONER COYLE: Okay, okay. CHAIRMAN FIALA: This item, right. COMMISSIONER COYLE: Okay. Got it, yep. CHAIRMAN FIALA: Okay. Everybody's got that straight? COMMISSIONER COYLE: Yep. CHAIRMAN FIALA: Okay. And that's -- and your motion, is that -- is your vote against it still standing? COMMISSIONER COYLE: Yes. COMMISSIONER COLETTA: Excuse me, to approve this item as -is or as it's been amended as far as this financial year, not allowing any grants to go forward? I thought that was part of the motion. CHAIRMAN FIALA: The motion -- the motion is exactly that. The motion is to not issue any further grants, after today, till the end Page 39 June 26, 2012 of the fiscal year. COMMISSIONER COLETTA: Including the grants we've got coming up for discussion in a little while? CHAIRMAN FIALA: No, that's not a part of this motion. COMMISSIONER COLETTA: Okay, fine. Then I can change my vote in favor of it. CHAIRMAN FIALA: Okay. Is that acceptable? COMMISSIONER COYLE: I don't understand this, but that's okay. CHAIRMAN FIALA: Okay. Leo, you want to -- COMMISSIONER COYLE: It passed. CHAIRMAN FIALA: Yeah, it passed, okay. COMMISSIONER COYLE: It passed. CHAIRMAN FIALA: So with a 4 -1 vote then. MR. KLATZKOW: Okay. CHAIRMAN FIALA: Okay. Very good. Okay. Next item. Do we have -- oh no, we only have one minute left. MR. OCHS: Ma'am, I thought we had a second item, or we bifurcated that item. There was a second motion. COMMISSIONER HILLER: And, actually, I'm going to make -- what I'm going to do is, rather than bring it back for reconsideration, I'm going to change my vote on approving those items on consent, and I'm going to vote no on them. MR. KLATZKOW: Okay. CHAIRMAN FIALA: Okay. So we still have a 3 -2 vote then, right? COMMISSIONER HILLER: No, this is a -- it's a separate issue. MR. KLATZKOW: This item passed. MR. OCHS: Separate issue. COMMISSIONER HILLER: The separate issue is -- CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: -- the grants that are on consent -- June 26, 2012 CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: -- with respect to the CRA. CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: I'm going to vote no on those. CHAIRMAN FIALA: Oh, okay. So you're going back to the consent agenda item? COMMISSIONER HILLER: Uh -huh, and I'm voting no on those grants to be consistent with the policy we've adopted. COMMISSIONER COYLE: You haven't reconsidered the agenda. COMMISSIONER HILLER: No, I don't have to reconsider it. I can change my vote. COMMISSIONER COYLE: Oh. COMMISSIONER HILLER: I'm changing my vote to no. And anyone else can change their vote to no, you know, based on the policy we've adopted. CHAIRMAN FIALA: Okay. MR. KLATZKOW: It doesn't change anything. CHAIRMAN FIALA: For the present time, the CRA meeting is closed. CHAIRMAN COYLE: Okay. We have a 10 o'clock time - certain. Item 91 1 A RECOMMENDATION TO SELECT OPTION B OR D IDENTIFIED BY THE GORDON RIVER GREENWAY STAKEHOLDERS COMMITTEE FOR THE DEVELOPMENT OF A CONTROLLED ACCESS ENTRANCE ROAD WITH AN ENHANCED WATER FEATURE AT NAPLES ZOO — MOTION TO CONTINUE, ALLOWING STAKEHOLDERS TIME TO Page 41 June 26, 2012 REVIEW AND BRING BACK TO THE JULY 24TH BOARD MEETING — APPROVED MR. OCHS: Yes, we do, Mr. Chairman. It's Item 11A on your agenda this morning. It's a recommendation to select Option B or D as identified by the Gordon River Greenway Stakeholders Committee for the development of a controlled access entrance road with an enhanced water feature at the Naples Zoo. And Mr. Steve Carnell, your interim public services administrator, will begin the presentation. COMMISSIONER HENNING: Mr. Chairman, before we begin, it's my understanding that we're going to talk about just the pond issue. Now, does that apply to speakers and staff also? CHAIRMAN COYLE: I'd like for that to apply, but you know how difficult it is to control the public speakers. They'll get up and say anything they want to no matter what I tell them. So I think it's fair to say that the advertised item has to do with the entrance, and that's all we're going to vote on today. So you want to talk about something else, I guess it's your right to do that, but we're going to make our decision, I hope, based upon the item that is advertised, which is restricted entirely to the entrance to the zoo. COMMISSIONER HENNING: Thank you, sir. CHAIRMAN COYLE: Okay. Does that help? COMMISSIONER HENNING: Yeah, that's very -- CHAIRMAN COYLE: I don't know if it will help, but -- COMMISSIONER HENNING: No. I think you clarified it for everybody. So hopefully we can stay on the topic. MR. CARNELL: Okay. For the record, Steve Carnell on behalf of your public services division. As you know, the Gordon River Greenway project is really a unique project in development. Its origins go back several years. Collier County has been an active participant along with several other Page 42 June 26, 2012 stakeholders for about five years on this project. And when completed -- this is 124 acres of land that resides, really, between the City of Naples Proper and the East Naples area, and when completed this project is going to take these 124 acres and turn it into a very extensive passive recreation and land preservation area. And, essentially, about two thirds of that land is developable, if you will, that will be taken out of development and will be preserved forever. So it's a wonderful project with an opportunity to really do something really good for our community in terms of the amenities it brings with it. The project at this point has been designed really, in two different faces. We've got the actual greenway construction project, which is just about ready to go to bid. We're on the -- obtaining the last permits as we speak. We also had to redesign the entrance to the Naples Zoo, and this is an initiative that was started some time ago and actually completed about a year ago. The final permits were obtained. That project is fully permitted and ready to go and be constructed as part of this larger greenway project construction. As you're aware, in the last few months we've had issues raised about the design of the entrance with what effect it would have on the koi and fish ponds that are on the west end of the zoo property adjacent to Goodlette -Frank Road. And as a result of that the stakeholders -- and by the way, I'd be remiss if I didn't identify your stakeholders just briefly, if I could. Not only Collier County Government and Conservation Collier participated, City of Naples, Collier County schools, Naples Airport Authority, the Conservancy of Southwest Florida, Southwest Florida Land Preservation Trust and last but not least of course Naples Zoo. We've participated and appreciated all their help in getting where we're getting. This has truly been a community effort, multiple parties. With that, that work was done. As I said, the issue came up Page 43 June 26, 2012 about how we situate the ponds under the new entrance. The entrance really needed to be modified in order to accommodate the greenway project and also to maintain and potentially improve zoo operations. So with all that in mind, when the issue arose, we reconvened the stakeholders. And the stakeholders are meeting on a regular basis to discuss and monitor the progress of the project. And the stakeholders, essentially, broke out into a subgroup of representatives from various participating agencies. And they looked at alternatives to the existing design that's already, as I said, fully permitted, and they came up with five alternatives. And I'd like to, if I could, for just a moment, turn this over to Ellie Krier from the Southwest Florida Land Preservation Trust. Ellie was good enough to chair this little subcommittee effort on dealing with the zoo entrance alternatives, and I'd like her to give you a little overview of how that process worked. MS. KRIER: Good morning -- CHAIRMAN COYLE: Good morning, Ellie. MS. KRIER: -- Mr. Chairman, Commissioners. For the record, I'm Ellie Krier, the executive director of the Southwest Florida Land Preservation Trust. As community concern was raised to save some or all of the pond at the current entrance to the zoo, the Southwest Florida Land Preservation Trust was approached to facilitate a stakeholder process and create and review some options. This is a subset of the ongoing stakeholders group and slightly different from it. As you know, we had representatives not only from concerned citizens that raised the issue, the land trust, the zoo, and the Conservancy, the Lake Park neighborhood joined us on this as well, and staff with parks and rec, traffic engineering, the designer of the intersection, and a reporter from the Naples Daily News. While our work was completed, the information was also then Page 44 June 26, 2012 presented to the school district and to Mr. Overson, who has the 22 acres on Golden Gate Parkway. We met on April 17th and 25th and May 9th, and with the exception of one person at one meeting, everyone attended all meetings. It was an inclusive group participating in a collaborative process with all speed to bring you options for consideration. The land trust wants to thank all of those who participated, many are here today, and provided so much effort and time. You have before you today Options A through F, which I count as six, that have been produced through the efforts of this stakeholder group. The group agreed that these six options, both the sketches and the matrix, accurately reflect the work of this group. The stakeholder group did not endorse any option. We acknowledged that there were diversion interests that might have different opinions. The land trust board has remained neutral on this. And if there are any other options for your consideration this morning, they've not been provided to the stakeholder group for comment or consideration. We thank you for allowing the land trust to continue to assist you and support you with collaborations and facilitations on the entire Gordon River Greenway project. And anything we can do to help further, we're here for you. Thank you. CHAIRMAN COYLE: Thank you. MR. CARNELL: All right. Well, with that, I'm going to ask Mike Delate from Q. Grady Minor -- Mike is the designer of the entrance project in not only the initial option that's been fully permitted, plus the five alternatives as well. Mr. Delate's going to walk you through all six options, the existing plus the five alternatives, and just give you a very brief overview of what each six -- each of the six comprise. MR. DELATE: Good morning, Commissioners. Page 45 June 26, 2012 COMMISSIONER HENNING: Good morning. MR. DELATE: As Mr. Carnell eluded to, I'll go over these options rather briefly. I think you've seen them upfront for a while here, and I won't elaborate too much. MR. OCHS: For the record, Mike? MR. DELATE: For the record, I'm Mike Delate from Grady Minor Engineers. Option A is the permitted design. The genesis of that was to try to connect with Fleischmann Boulevard and have a fully functional signal there allowing operations to connect to the north and south of the project and allow patrons to utilize that signal to go north and south on Goodlette Road. Under this scenario, the pond is significantly filled. Only the east side would remain, that, I call it, rabbit shape on the east side of the road, with the remainder of the pond filled in. Option B, which was developed through the ad hoc committee, would retain the permitted entry road design allowing the north/south interconnect in the zoo and also allow the zoo patrons to utilize the signalized intersection. A small portion of the pond under this scenario would be retained. And in order to retain that, we'd have to use a bulkhead in extensive areas in order to facilitate a larger pond area that would be otherwise utilized with slopes down to the pond edge. This requires some permit modifications, though not expensive. And the cost estimate developed through the committee was roughly $190,000. Option C, which is quite different than, obviously, A and B, moved the main entrance down to the Conservancy entrance, the existing Conservancy entrance there, and installs a new signal at that location with a full median cut and would allow traffic to go north and south on Goodlette Road. The other existing entrance would be used for a maintenance access to the property to the north and also to the private property, also known as the Overson property, to the north. 1 =6 June 26, 2012 Under this scenario all the pond is retained and enlarged quite a bit to the south. Dry water management was briefly located to the north side of the entrance. Again, this requires permit modifications and extensive new permitting. And the cost for this was roughly $690,000 with the bulk of that being the new signal. Option D is similar to the Option B design except it adds water to the north side of the intersection there. Again, it allows full access to the Fleischmann Boulevard signalized intersection. It allows the north/south continuous access within the property. Wet and dry water management, again, are added on the north side. This would preclude, then, having to add additional dry retention on the east side near zoo operations. Again, bulkhead and traffic safety railing were (sic) added, which added to the cost. This requires permit modifications similar to Option B. Again, not as extensive as Option C. And the cost for this is roughly $360,000, with a significant portion of that being the bulkhead and traffic safety railing. Option E, which is similar to Option C with the exception that the access to the maintenance area and to the Overson property is moved farther north along Goodlette Road, and the existing access would be closed. This would retain the entire pond as it is now. And then the entrance to the zoo would be, again, moved down toward the Conservancy entrance with a full signalized intersection of that location. No water management would be needed at this area at all. This requires an extensive permit modification and new permits, along with some variances within the county. The cost for this is roughly $830,000. Again, with the bulk of that coming through the new signal and moving the entrance to the north. Option F is similar to the Option C design that the entrance, again, is moved to the south. The main entrance, the patron entrance, is moved to the south at the Conservancy location, with the exception Page 47 June 26, 2012 that a traffic signal would not be installed there. It would just be a directional left into the zoo property and the Conservancy. This would preclude zoo patrons from turning south on Goodlette Road coming out of the zoo. They would have to make a U -turn at the -- either the Fleischmann intersection or at another turnaround. Under this scenario, all of the pond is retained and enlarged. Some of the -- we'd have to add some bulkhead and traffic safety railing, though not as much as under other options. Dry water management on the north side would be needed. This requires permit modifications and new permits, though not as extensive as the other options. And, of course, the cost for this is the lowest, at a $125,000 estimate. Just to give you a summary of the costs, Option A, which is the existing permitted, these are -- we'll call that the baseline of zero, and then you can see Options B through F with the additional costs over the option A. With that, I could take any questions on the description, or we're prepared to provide some advantages and disadvantages, if you'd like us to do that. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. Could you explain why there's such a large difference in cost between B and D? I mean, basically the bulkhead and the traffic safety railing will be the same for both, as I understand, unless -- MR. DELATE: Right. Under the option -- COMMISSIONER HILLER: I don't really see where the material difference in the cost is. MR. DELATE: Yeah, that's a good question. And Option B, again, would have the dry water management on the north side of the pond, which would be very shallow, maybe 1 to 2 feet deep. Under Option D, we're adding water management there that would be wet. And under that scenario we'd have to add bulkheading June 26, 2012 and additional traffic safety railing, which gets quite -- COMMISSIONER HILLER: Both sides as opposed to one? MR. DELATE: Right, exactly. COMMISSIONER HILLER: So it's actually just doubling the cost -- MR. DELATE: Right. COMMISSIONER HILLER: -- for water being on both ends? MR. DELATE: Correct. COMMISSIONER HILLER: Okay. I understand then. The other thing I wanted to address is the additional conditions or features, if you will, that the pond group was requesting. Now, they sent an outline of what they wanted to see with respect to Option D well in advance of this meeting, and I understand that you reviewed that -- MR. DELATE: Yes. COMMISSIONER HILLER: -- and that you costed that out and that staff has reviewed it, and all us commissioners received that information as well. Is that factored into this $360,000? MR. DELATE: Well, this Option D is what was presented to the ad hoc committee or developed by the ad hoc committee, so it's not a D, modified, so to speak, where we've incorporated the other requests from -- I'm prepared to present that if you'd like me to. COMMISSIONER HILLER: I would like to hear about that. MR. DELATE: So, again, this is just a conceptual plan, so I wouldn't get too caught up in the line work on this. But under this option, with the various changes requested or recommended by the other citizens group, the significance of their changes were to remove the bulkhead completely and to pull back the lake bank from the road edge and allow a sloped embankment down to the water surface. Under that scenario, we would save quite a significant amount of money by removing the bulkhead near the road and removing the traffic safety railing. So the cost under -- compared to Option D June 26, 2012 decreased significantly. By doing this, though, we've had to compensate for the water management area. And I've, conceptually, shown it on the east side of the property -- excuse me -- on the east side of the road, but I wouldn't get too caught up again in this concept plan. It was just supposed to be a general location where the improvements would be shown. Preliminarily, I've done some calculations and talked to the Water Management District, and I believe I can fit the improvements within the previously approved development footprint under Option A without encroaching into any of the zoo operations. COMMISSIONER HILLER: Well, I think that's fantastic. I think what you've come up with is an excellent low -cost alternative that I think satisfies everyone's objectives. And I'd like to make a motion that we approve Option D, as modified, at a cost of $120,000, which is, you know, less than alternatives that have been presented. COMMISSIONER HENNING: I would second that motion; however, I would like to wait for the speakers. COMMISSIONER HILLER: That's fine. I have no problem waiting to hear what the speakers have to say, but I see this as, you know, a very positive compromise that provides a beautiful entrance to the zoo very cost effectively, while at the same time, preserving the pond. MR. DELATE: Mr. Ochs asked that I also point out -- and it's kind of lightly hatched here -- the -- on the east side that pond, the existing pond will remain. If you go east of the direct intersection there, it's just kind of a ghosted pattern, but that will -- pond will remain as well. COMMISSIONER HILLER: I think this is -- I commend you for doing this. You did a great job for -- coming up with such a low cost. That's fantastic. COMMISSIONER FIALA: Does this include all of the seven conditions? Page 50 June 26, 2012 MR. CARNELL: If I could, Mr. Chairman -- if I could just add onto this in terms of where the staff is with regard to the options -- and let's just make sure we keep it very clear. Mr. Delate showed you the six options that were vetted by the stakeholders, and then this last alternative has not been fully vetted by the stakeholders. And where we are right now is the -- this modification may have some possibility in talking -- but, frankly, I had a misunderstanding between myself and the zoo staff in terms of where they were. The zoo has some concerns, and they can perhaps explain that to you more briefly when they speak. But there is some possibility -- there's some concern about that dry retention area cutting into existing zoo operations or exhibits, and that was never the intent to do that. COMMISSIONER HILLER: That wasn't what the engineer just explained. He just -- MR. CARNELL: Well, he said -- ma'am, he said that he believes we can accomplish that without affecting the zoo area. But what I think we need to do is we need to have more discussion with the zoo, and we need to verify that and get a line and agree on the impact. And what we could suggest, if the board wishes to pursue Option D and to consider these alternatives to D, is really to put it back in the existing process with the stakeholders. The stakeholders meet every other month, and they were going to look and see the final design. Remember, this is all conceptual. Everything we're looking at right now, except Option A, is conceptual. So what we could do is we could take the options -- the modifications to D, and we can vet them through the stakeholders as part of going forward with the design process, if the board so chooses to direct us, and then we'll determine the veracity and the feasibility of these changes in full for all the stakeholders. So that may be something you wish to consider in doing the direction. COMMISSIONER HILLER: Well, the other thing we could do Page 51 June 26, 2012 is we could approve it. You could take it back to the stakeholders, and if it -- for whatever reason it doesn't work, you could bring it back for modification, because I think this process needs to move forward. We're holding up the greenway project. And based on the representations of the Q. Grady engineer whose, you know, opinion today suggests that this will not affect exhibits that it will -- you know, that it can be readily accommodated as described, I think they've, you know, come up with a really great cost - effective, balanced solution. So we could approve it today, let it go back to the stakeholders, and if there's a problem, bring it back for modification. But I think we need to move forward on this today. CHAIRMAN COYLE: You know, I think the last - minute presentation of this information is outrageous, quite frankly. You had a compromise. Everybody publicly said they supported D with some conditions. Why did you need to go any further than that? Save some money? You don't even know how much money is going to be required to create these dry storage areas on the east side of the street. It hasn't even been vetted to the staff. Ellie, has this come to you for any consideration at all? MS. KRIER: (Shakes head.) CHAIRMAN COYLE: No. We've been talking about this for months, and you present to us a change at the last minute that hasn't even been vetted to the people who've been in charge of creating these options. Now, either the motivation is to sabotage the process or delay it. I can't think of another reason for even presenting this information at the last minute. But I -- we're going to have to hear from the public and get an idea of what they think about this, because it doesn't make any difference what the engineer thinks. The stakeholders have to make those decisions. Page 52 June 26, 2012 I just can't make sense of -- I just do not understand the rationale in even doing this, why you didn't present Item B and Item D with the conditions that have been communicated to everybody and say, there they are. The people here have agreed on them. And that's not what's happening. MR. OCHS: Commissioner, if I might, just to try to clarify the staff s intent. It was not our understanding or belief that the group who originally came to you and petitioned the concern about the pond was ever in agreement with B or D as presented in your executive summary. And they, after all, were the group that initiated us going back at your direction to the stakeholders including then to try to come up with a compromised plan. Now, you're exactly correct. We didn't get this proposal from that group until after your printed agenda had already been published. And I apologize for the lateness of that. I didn't control that. But I thought I had a duty to bring you this information. It's similar to one of the recommended options, that being Option D, at a reduced cost. And for those reasons, we felt, or I felt, it was my responsibility as your manager to bring you this option for consideration. And I recognize that it hasn't been vetted, and we've acknowledged that on the record. And that's the reason it's part of the presentation this morning. CHAIRMAN COYLE: Well, my position is and will remain that the goal of the Board of County Commissioners and the staff was to achieve a compromise through public vetting and get input from all sides, not to let the sides sit down for months to come up with suggestions, and then a day before the decision is to be made present a different alternative that hasn't been vetted. MR. OCHS : Commissioner, your staff s fully prepared to move forward with Options B or D as presented in the materials. CHAIRMAN COYLE: You see, it's too late now. You've presented another alternative that's going to complicate the debate for Page 53 June 26, 2012 the entire day. But nevertheless, that's where we are. Commissioner Henning, you were second. Do you want to listen to the public? COMMISSIONER HENNING: I do want to listen to the public after I and the other Commissioners weigh in. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HENNING: I think it's important if staff would go out and get the Exhibits A -- or B and D and put them up over here. And if you have a modified D, put them up over here, too, so as the public comes up there and refers to -- we can follow them. You know -- quite frankly, you know, good decisions are debated. The best decisions are continued to be debated until we make a final decision. And, quite frankly, you know, we can accept a D and modify it as long -- you know, my concern would be the future of the view -- or the zoo's expansion, or we can continue this. I don't care. I just want to do what's best for that property, which is the -- as the public's understanding is the zoo and the zoo operations. Part of that -- I can tell you, my 28- year -old, when he was a child, we fed the fish and the turtles there, okay. My nine - year -old, we were there just recently feeding the fish and the turtles. And I can tell you from people that I talk to, they've done that with their children, too. So it is a -- it is an exhibit in my opinion, just like it is any other exhibit in the zoo. So whatever we can do to, you know, retain those features and enhance those features, I'm all for that, and if we could do it at a, you know, small, small cost, what an enhancement that is for the taxpayers. So that's where I'm at, you know. I don't think that we need to rush to make a final decision. But if we can make Option D modified work, let's do it. Thank you. CHAIRMAN COYLE: Commissioner Fiala, were you next? Page 54 June 26, 2012 COMMISSIONER FIALA: Thank you. Yes, I was. In the effort to move it forward and yet to also consider the stakeholders and their views, my suggestion would be to move forward with the Option D and then let the stakeholders discuss -- because at least you can start moving forward with whatever must be done right now, and then let the stakeholders talk about modification. Now, Commissioner Hiller had said something about approving that and then coming back and changing it. Well, maybe it would be easier, then, to have them discuss the things that have not been on the record, have not been exposed to anybody, and come back with the modification. It seems that most people will agree to most of it. Maybe there's something that is a little bit prickly, and they need to discuss it. But at least if we have D going forward and then the discussion planned for all of the stakeholders who are part of the decision - making process, I would think that that would work best. That way at least you've got it moving forward with the understanding it could be modified. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: What do you say? CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you, sir. I agree with you, Commissioner Fiala. I think you identified it. The problem here is it's a new item. I can understand the frustration of Commissioner Coyle that in the 11th hour we have a new plan put before us after months and months of discussion taking place. So one of the things I'm going to be listening very careful to is going to be the comments that you have to make when you come up to the podium and how you feel about it. I'd like to be able to put this thing to bed. I'm impressed with the idea that it costs a little less than the Option D as it originally was comprised. If the people within the group here are in agreement and they see no problem with the Option D, we might not even have to bring it Page 55 June 26, 2012 back. But the 11 th hour makes it very difficult when something comes up like this, because we're always concerned that some element out there that would like to have a part of the discussion may not be here today because of the fact that they understood Option D was it, and they may have objections to the Option D, modified. That's always a concern. But once again, we're in the business of trying to make people happy, and let's go for it. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I very much want to hear what all parties have to say today with respect to Option D, modified. I'm very sensitive to the zoo's position of having their own attractive entrance. It -- curb appeal for a business such as the zoo is very important. And to the extent that we can provide such a significant water feature at such a low cost, I think it's very, very positive for the zoo. The other thing is, is that I'm very sensitive to the zoo's cost. They have to raise the money to pay for their fair share of this entrance improvement. And anything that we can do to reduce the burden on them while at the same time providing for a very attractive entrance is very important in my mind, and that's why I support D, as modified. With respect to this coming at the 11 th hour, this information was put forth ahead of time, and I believe that there were miscommunications on the part of staff that resulted in this not being presented as part of the package, and I want the community to address that also. I would appreciate it if Mr. Cabral could explain what he presented and when, and then I would like staff to explain why they didn't, you know, do what they had represented that they had done to eliminate the bad -faith accusations made by Commissioner Coyle against you. June 26, 2012 So with that, I'd really like to hear what the zoo has to say and what the community has to say with respect to Option D. as modified. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Well, I did not receive it until Friday. And, in fact, I didn't get mine until yesterday, so -- CHAIRMAN COYLE: That's right. COMMISSIONER FIALA: -- I don't know that. I don't think staff should ever be blamed because somebody gave things -- I hate to see staff always get the raw end of the stick. But anyway, that isn't what I wanted to talk about. Commissioner Henning had mentioned about his boys feeding the fish. And no matter when I go by, somebody's always looking in the water watching the turtles, watching the fish, looking at the flowers. So I thought maybe we should -- as long as we're talking about adding things -- something very simple, any type of, like, a modified viewing platform of some kind so that people can still go out and feed the fish and stuff like that. It doesn't have to be anything major, no kind of a bridge or anything, but at least something where people could still look at the beauty of those ponds. COMMISSIONER HENNING: I think that's there. Around the big banyan tree, we can still go over there. Mr. Chairman, if you don't mind, it's usually break time at 10:30. CHAIRMAN COYLE: Yeah. It's a good time. Let me just make one observation here. This was given to me yesterday afternoon by the County Manager. Two hours later Mr. Cabral came in and briefed me on the same thing. That's the first I ever heard of this, and I'm the commissioner from this district. You'd think that the staff or someone else who had advanced information about this would have talked to the commissioner of the district, and they did not. And I am, understandably, perturbed at that, because I have been involved in meetings with the zoo for months Page 57 June 26, 2012 about the resolution of this issue. And the point that I'd like to make sure everybody keeps in mind, particularly the commissioners, is that Option D, modified, and Option D, not modified, have almost the same amount of water feature preserved, almost the same amount. What is different on Option D, modified, is a range of dry retention ponds or areas on the east side of Goodlette Road that I don't think has been properly staffed and vetted. That's the issue I am concerned about, because it encroaches on the zoo's property, and the zoo, apparently, has not been talked to about that. So let's hear the public speakers and let's try to sort this mess out before it gets dark. COMMISSIONER FIALA: How many public speakers do we have? MR. MITCHELL: We have 24 public speakers. CHAIRMAN COYLE: Yeah. Okay. Call the first public speaker. MR. OCHS: Are we going to break? COMMISSIONER FIALA: I thought we were going to take a break first. MR. MITCHELL: Sir, are we going to take a break? CHAIRMAN COYLE: Oh, I'm sorry. Yes, we're going to have a 10- minute break. We'll be back here at 10:44. Thank you. (A brief recess was had.) MR. OCHS: You have a live mic, sir. CHAIRMAN COYLE: Okay. Let's get started. I can make a decision real fast. Uh -oh, uh -oh. Now we have other Commissioners. It's going to get more complicated. Okay. Let's have the first speaker. COMMISSIONER HILLER: Before we get started, Commissioner Coyle, we would like to get a clarification on the record. Could the Q. Grady engineer come forward? June 26, 2012 CHAIRMAN COYLE: You say "we would like to get." Who is "we" . COMMISSIONER HILLER: We, the people. We, the people. Could you clarify again, so that there is no misunderstanding for the benefit of the community that's here today, that Option D, as modified, would substantially reduce the cost over Option D as presented earlier, that it would not cause the zoo to have to take land for additional water retention and that it wouldn't encroach on the operation of the zoo as it's intended to move forward. Can you clarify that? MR. DELATE: Sure. COMMISSIONER HILLER: Because I think that's very important. And I want to modify my motion to ensure that those things are, in fact, a condition of the approval of Option D with one final condition, and that is that, you know, I want all the parties to work together right through the final permitting to ensure that that does happen as described. MR. DELATE: Sure. For the record, again, it's Michael Delate with Grady Minor Engineers. I did mention this in passing, but it was brief. This was a concept plan. The original intent -- and this was not necessarily last second, but last minute, maybe, plan -- was to depict the water area in front of the entry, and not necessarily to focus on any of the other improvements on the site. I understand it's gone out to the public record now, so I should be clear about that, that the areas to the east are concept. When I did lay this out and did some preliminary calculations and talked to the Water Management District, I was definitely cognizant of the zoo operations. So I looked at the previously approved plan, which is Plan A, and kept within the confines of those improvements or impacts to the zoo area. So this is kind of almost an artist's rendering, and there's some Page 59 June 26, 2012 liberty with lines here. And, from my perspective, I wouldn't get too caught up in those lines. I feel comfortable enough as a professional to say that we can fit within the previously approved impact area with the exception that we're adding the little retention in front of the existing zoo entrance. Other than that, we would -- again, we were cognizant of the zoo operations and intended to stay within the confines of the previously impacted area. COMMISSIONER HILLER: So stay within the confines of the previously impacted area; in other words, no additional land will be taken from the zoo for retention, and the cost will be less than the 360 provided for in Option D, and the current estimated cost is about 120,000, and it will not impact zoo operations? MR. DELATE: That was the intent. COMMISSIONER HILLER: Okay. And so then I'm going to modify my motion to make that as a condition for the approval of Option D, as modified, with the one other condition that I would want to be assured that the -- all the parties continue to work together through the permitting to ensure that this is respected. CHAIRMAN COYLE: Mr. Delate, would you come back to the mic, please. MR. DELATE: Sorry. CHAIRMAN COYLE: You know, I'm always a little leery when people speak for someone else. MR. DELATE: Correct. CHAIRMAN COYLE: You say it would not impact the zoo operations. Have you asked the zoo board if they agree? MR. DELATE: Operations in terms of the impact area that would be proposed under this scenario -- again, this is still concept here -- would match or be less than what is already approved under Concept A, which is the permitted design. So, for instance, we'll take this area to the north where it's the -- it says dry detention and it bulges out there. That area is already permitted. Page 60 June 26, 2012 CHAIRMAN COYLE: For what? MR. DELATE: For water management as part of that design. That's part of Option A. CHAIRMAN COYLE: And that's upland area, isn't it? MR. DELATE: Yeah, I'm sorry. Here's the -- so this area's already permitted. CHAIRMAN COYLE: That's upland area. MR. DELATE: That's upland area as well. CHAIRMAN COYLE: Is it going to have to be excavated to be -- to retain water, or is that -- MR. DELATE: Actually, it's just a shallow area. The road is actually going to be built up above the surface up there now, so it will be sloped down to that, probably about ground level or a little bit above, and then come back up with a little berm, and then back -- sloped back down to grade. CHAIRMAN COYLE: And you have coordinated this with the zoo people? MR. DELATE: Yes. That's been in process for three or four years. CHAIRMAN COYLE: As a dry retention area? MR. DELATE: Correct. CHAIRMAN COYLE: Why hasn't it been shown on any of the other alternatives? MR. DELATE: Let me go back -- CHAIRMAN COYLE: Why is it the dry retention is shown here for the first time ever? MR. DELATE: Well, I think -- again, I think this plan kind of morphed into showing those areas off away from the ponds in the front. That was the intent of my exhibit, at least, was to show the pond areas in the front, and the rest was kind of concept, off to the side. CHAIRMAN COYLE: Alternative A had dry retention ponds on Page 61 June 26, 2012 either side of this bridge entrance. MR. DELATE: Correct. CHAIRMAN COYLE: You didn't have any dry retention elsewhere identified. MR. DELATE: We did not, but it was already permitted, and it was away from the entry area, per se. So the focus on those exhibits were actually -- were prepared by the committee. We just put them on an aerial. The committee didn't extend to the north there. But I'm pretty sure the zoo was -- well, the zoo definitely was well aware of the plan. CHAIRMAN COYLE: Well, we'll ask them when they get up to speak. Okay. Thank you. All right. Let's call the first speaker then. MR. MITCHELL: The first speaker is -- and we'll use both podiums, please -- is Ellie Krier, and she'll be followed by Robert Printz. MS. KRIER: Good morning, again. Ellie Krier, for the record. I'd intended to waive, but I want to provide some clarification for Chairman Coyle. In your executive summary, under -- on the second page where it says -- where is it -- I think Options B through F, the drawings were done by landscape architects for the committee. They were not done by Q. Grady Minor. Q. Grady Minor put them on aerials for the ease of public understanding. What we did in all cases -- and it is referenced in your executive summary -- is deleted a 10 -foot multimodal pathway on the east side of that access road to provide alternative for dry retention. It was going to be an impact anyway, and -- because dry retention was forced to the pond area because there was so much taken by that sidewalk. The elimination of that sidewalk, as noted in your executive summary, provides the option to push it back there. It does not show on ours because we were only dealing with the pond, and that's -- our sketch is Page 62 June 26, 2012 not Q. Grady Minor. CHAIRMAN COYLE: Okay. Thank you. MR. MITCHELL: The next speaker is Robert Printz, and he'll be followed by Corey Cabral. MR. PRINTZ: Hi, Bob Printz. I'm with the group that's trying to save the pond. I think this one is by far the best. It's going to give the most exotic, you know, alluring entrance to the zoo. And we're Naples, Florida, and I think we should really go for the best. And this, by far, does meet all those requirements. MR. MITCHELL: Mr. Cabral will be followed by Jeannie Hoffman. MR. CABRAL: My name is Corey Cabral. I've been a Collier County citizen for 37 years. And I would like to open up dialogue regarding Chairman Coyle's comment. I'm a bit offended by the comment that this was a last - minute attempt to sabotage the process when we all, as stakeholders -- and we are part of the stakeholders -- have put countless hours, time, and money into this process and would like to explain to the public community why, at the last session of this, this information came forward. We have been asking county staff and the zoo board of what alternative they were in favor of, for quite some time. We did not hear until the taping of the Jeff Lytle show on Wednesday that the zoo board has now come out and was in favor of D. That was the first time that we heard that. B and D were always one of the alternatives, but it was B -- and their concern during the show, and -- when David Tetzlaff spoke and also Steve Carnell in reference to the requirement of a traffic light -- immediately after the show I lobbied the committee members and discussed this at depth and agreed with the fact that a traffic light was necessary. And so we began to focus on how we could accommodate all the needs of the stakeholders and still preserve the pond in its June 26, 2012 original design. We came up with a modified D, which preserves 90 percent of the pond. We placed conditions on it which allows the ponds to have water in them year- round, where the D option, having a combination of dry retention and wet, would change the appearance depending on the reasonable water flow. It's very hard to maintain, and it's not in keeping with the preservation of the appearance of the pond. So we brought this decision, the consensus, to the county staff on Thursday, to Steve Carnell. Steve Carnell said he was going to present it to the zoo board for their opinion and /or approval. He said that he contacted David Tetzlaff, who mentioned that he couldn't speak for the zoo board; that he'd have to get with the zoo board and get back to Steve on Friday. Contacted Steve on Friday, and he advised that the zoo board had no opposition to any of the conditions. And we all have an email, which I presented copies to all of the commissioners, where the staff advised us that the zoo board was in favor of B and D and that there was no opposition to the conditions and that the county staff was in favor of B and D and there was no opposition to the conditions. And we had then immediately provided the commissioners -- I sent emails with this great news that we finally had one alternative that all of the stakeholders -- all of the stakeholders could agree, and it met the needs. And by the elimination of the bulkhead and the guardrail and the new design, it is now the cheapest alternative being presented to the taxpayers. This was a win -win for Collier County. We were so excited. We sent it out to the commissioners. And like yourself, Commissioner Coyle, yesterday when you advised me that you weren't aware of this, you knew that I was shocked. And, quite frankly, we thought we had an agreement. I wasn't advised until 5:52 last night by Steve Carnell that the county and the zoo had flopped and decided they're not going to support this. June 26, 2012 So we are all, quite frankly, a bit perturbed, to use your word. I encourage the Commissioners to take into consideration possibly two options at this time. One is to approve Alternative D with the modifications with the understanding, as Commissioner Hiller had mentioned, that the stakeholders meet after the fact, go over it, and come back to the county, or delay the decision until the July agenda, which is just a couple weeks away, allow the stakeholders to get together and agree on the conditions and come back with a consensus. Two very professional, logical, and reasonable approaches to address the concerns of the citizens, have the least impact on taxpayers, and preserve the pond. Thank you very much for this opportunity. MR. MITCHELL: The next speaker after Ms. Hautmann will be Amy Kalmans. MS. HAUTMANN: Good morning. My name is Jeannie Hautmann. I'm a Lake Park resident, and I do want to say that, though the greenway did go -- have a Lake Park resident there, they never brought it to the Lake Park board or a general association meeting. And that is per Jeff Petry from the Lake Park -- who is the secretary of the Lake Park Association. When I moved to Naples in 1971, my first memory of our community was the toucan on the corner of Fleischmann and 41. Unfortunately, we lost that piece of our county's history. Now we're looking at the pond, at Caribbean Gardens, and Naples Zoo. Three generations of families have crossed that bridge feeding the turtles and fish. And the visualization of the Monet -like bridge over the lily pond has been a cool, calming perspective for the community. I understand change, but I am saddened to see us lose another slice of our county's history. I remember walking with my father on that bridge and feeding the fish, then later holding my daughter's hand as she fed them. Page 65 June 26, 2012 One of our county's historical sites is being disturbed and destroyed over turning lanes and access roads that we are spending close to three quarters of a million dollars of nonprofit and shared taxpayer dollars. And remember, too, that we have given back for -- a dollar a year that extra money that pays the difference for the zoo to be able to do this, just for parking lots and access roads; that to get a greenway we have to destroy ponds and trees, and yet my husband and I still won't be able to safely bike or walk across Goodlette Road to get from Lake Park to the zoo and the Conservancy because there's not a safe path. This is a -- this is an irony that we have to drive to bike or walk to a greenway. A complete overview should have been done of the walkway between Coastland Mall, Fleischmann Park, Lake Park School, Lake Park community to be able to cross to the gardens, to the zoo, to Freedom Park, and the Conservancy. I know that we all have to compromise, and my first choice would have been to ask for a complete overview to happen and that we hold off on spending close to a million dollars before this is done. But if that can't happen, let's save what we can, and I ask you to please vote for Option D, modified. Thank you. MR. MITCHELL: The next speaker is Amy Kalmans, and she'll be followed by Mary VanArsdale. MS. KALMANS: Good morning. My name is Amy Kalmans. Our family has had the privilege of living in Collier County for over 20 years, and our children have all attended public schools and have grown up with the zoo. I live in the Moorings, and we frequently drove down Fleischmann Boulevard and fed the fish at that pond, along with my nieces, nephews, family friends' children, all, including the adults. I am also a stakeholder. I am a taxpayer. I am very concerned that we are even contemplating paving over the zoo. I am extremely concerned that a comment was made this morning saying that for just June 26, 2012 "a little less money ", the difference in Plan D and Plan D, modified, "a little less money." Plan D is $360,000. Plan D, modified, is $120,000. Now, in my book that's almost a quarter of a million dollars. And I am looking at commissioners that are responsible for our taxpayer dollars, and I hope very much that you will vote accordingly. MR. MITCHELL: Ms. VanArsdale will be followed by Paul Arsenault. MS. VanARSDALE: Good morning. I've been here since 1957. And at that time the Nehring properties -- it was known as Caribbean Gardens, was a wonderful place to go to. And subsequent to that, you could always get a lift driving by the lily pond at the zoo. I personally would like to see something much more beautiful done there. For instance, have a bridge that would show children what a beautiful bridge can be, a walking bridge like they have in Japan. And I know everybody's worrying about money, as they should, but I'm wondering why some of these people and organizations that raise millions through their different events couldn't have spared something to make that a much lovelier place and upgrade the entrance, especially with a new bridge that would show children what beauty could really be and, at the same time, let them enjoy the water lilies and the fish. I was there the other day, and I walked over the bridge. I mean, I went in my wheelchair. And on one side it was all scummy, and you couldn't see down at all where there used to be water lilies. On the other side you couldn't see very far into the water, but there were some lovely, very large koi and big goldfish, white ones with red spots, red ones, and all these little turtles -- oh, sorry. Anyway, that's my viewpoint. MR. MITCHELL: No, you still have one minute to speak. MS. VanARSDALE: Oh, I'm sorry. So anyway, I go for the Plan D, modified, and I'd love to see something done to upgrade the whole thing and get -- rather than the taxpayers paying for it, see if we Page 67 June 26, 2012 can't get some of the people that are always raising funds for other beneficial things. So basically, I go for this as laid out with the modification, Plan D with modifications. Thank you. MR. MITCHELL: Paul Arsenault will be followed by Eileen Arsenault. MR. OCHS: Could we use both podiums, please, for the speakers. The next speaker over here. MR. ARSENAULT: Good morning. I want to thank everyone for all the work they've done with trying to find a solution. In a perfect world a solution would be not to touch the pond. E would have been nice if we had $900,000 and if we had the light that the Conservancy wants and that the zoo could have. We were stymied by that solution with not having the $900,000 and the school board's problem with putting a light there and the added problem of the lights in a row. Even though lights can be sequenced, even though the Lake Park Elementary could change its entrance, could change its orientation for drop -off to have irrelevance to Goodlette Road, we are obliged to bow to the school board's concerns. And after we learned that the zoo wanted B or D on Wednesday and the ultimate reality that we need a light with the eventual traffic that's inevitable, I -- the idea for D with the modifications is the answer. And I am, you know, compromising something I like, but it -- this is the necessary compromise for all that have put all this time in here. For anyone to be considered the poster boy of the greenway -- I've hosted four years of greenway exhibitions, and I've been so proud of the greenway. I don't know many that knew of the pond's elimination -- of the board -- of the greenway. The board of the Conservancy of -- it's been a well -kept secret for a lot of people that 0-M-191 June 26, 2012 should have known. I am -- I appreciate the process. A lot of people have put a lot of time in here. I don't like the rush of this, but the rush was put on us with this permitting in place for a year. If we had known -- if we had known what the -- what the -- well, the process was with the referendum, we have a -- the referendum being the preservation of the Caribbean Gardens. When I saw the zoo board chair say we are the zoo and -- in a defense, we're a zoo. We're not the Botanical Gardens. No, you're the zoo and the Caribbean Gardens. And what we want to do is the best for the zoo and the Caribbean Gardens. It's D with modifications. Thank you very much. MR. MITCHELL: Ms. Arsenault will be followed by David Pfaff. MS. ARSENAULT: Good morning. Eileen Arsenault. When this broke, Paul and I, at very quick notice, put together a petition that reads: I strongly support preservation of the ponds and bridge at the entrance to the Naples Zoo. These are icons of our community that should not be destroyed or compromised. Let us pursue a creative solution. We stood outside on Easter Sunday. And this has been a -- very passive and probably not even legally acceptable, but I just want you to know, with people that just came out of the woodwork, we have over 1,200 names. People came into our gallery in Crayton Cove on walkers and wheelchairs, with their children; we got phone calls; I had people sign affidavits if they couldn't find their own copy of a petition to sign. I think that people underestimated what that little piece of nature means to this community and the experiences that people had there and how important that is, and that's rush of this community to be concretized to find one little piece of green and water that you pass by and you feel you can breathe. June 26, 2012 So I really was hoping to congratulate the stakeholders and the county and the zoo people on reaching a compromise, but at 6 o'clock last night we found out that that compromise was not happening, and I'll hold off on that congratulation until we reach one. But in the meanwhile, I do want to applaud the people, the committee who has worked so hard on this, and I'm specifically speaking of Paul's group who has come together, because I like to look at what motivates people and what motivates myself. It's always a good practice to just check what you're up to and why, and none of these people are running for office, none of them are empire building, none of them are making money doing this. All they're trying to do is preserve a little piece of paradise that we, the public, spent $44 million to buy. And I don't think it was just because people want to see animals in cages. I think it was because we knew we had a very important piece of land that meant a lot in the middle of the city. So I hope that -- and as a member of the greenway board, I would also like to say that I don't feel that I have endorsed a cookie -cutter plan to get people from their cars to their kayaks, and I hope that the county will appoint someone who will make sure that the trees that are in the way of the parking lot to the kayak launch on the south side of the zoo will be protected. Thank you. MR. MITCHELL: Mr. Pfaff will be followed by Mayor Sorey. MR. PFAFF: Good morning. My name is Dave Pfaff, and for whatever it's worth, I've been here since 1956. And in that time I've served on probably -- the boards of probably a hundred organizations. I'm currently on the board of the Naples Zoo and have attended the meetings and find some of the timetables and explanations and sequences distributed or presented this morning rather amazing, since I'm not familiar with those things having happened that way. I'm, with the rest of the board, in favor of B and D. And since June 26, 2012 we've never had a chance to look at D. modified, I can't say that I would -- the board, or certainly myself personally, am in favor of that. With that, I will yield the rest of my time to the next zoo speakers. Thank you. MR. MITCHELL: Mayor Sorey will be followed by Susan Liberski. MAYOR SOREY: Mr. Chairman, I'll waive my time to President Paula Brothers of the zoo board. MR. MITCHELL: Susan Liberski will be followed by Pam Krol. MS. LIBERSKI: Good morning. My name is Susan Liberski. I am also a member of the board of directors of the Naples Zoo, and I would like to agree with Mr. Pfaff in that the timelines that have been shown as far as the options are not exactly accurate. And the zoo board, as a group, has not seen Option D, modified. We were not aware of these modifications. And some of the things that have been said this morning have been very surprising to me. We would hope that you would support Options B and D, as they've been -- already been discussed and have been discussed by all of the shareholders. And if any modifications need to be made, this can be done down the line. Thank you. MR. MITCHELL: The next speaker is Pam Krol, and she'll be followed by Eric Thom. MS. KROL: I waive my time to Matt McLean. MR. MITCHELL: Eric Thom will be followed by Linda Ottenad. MR. THOM: Hello. My name is Eric Thom. I am a member of the zoo board of directors, and I would also add my voice to the fact that I was very surprised to hear that I was part of a compromise that was reached sometime yesterday. That's quite news to me. And I, among the rest of the board, would be in favor of B or D as thoroughly vetted by the stakeholders' group. Page 71 June 26, 2012 Thank you. MR. MITCHELL: Linda Ottenad will be followed by Robert Ottenad. MS. OTTENAD: Yes, good morning. I'd like to say that also I'm a long -time resident and a frequent user of the zoo, having come in the late 60's with my family, and brought my children to Jungle Larry's and have enjoyed it, and even to the point of coming with my father who had Alzheimer's. And so the zoo was just a very quiet oasis and a part of our community. So I think I'd like to express that, as a member of the zoo board, we also have a strong emotional attachment and understanding of what the zoo means to our community and that pond feature, and we are very concerned with the continuation of what the zoo has meant in our community, for that to continue for future generations. My main concern is, as other board members have expressed, that some of the things that have presented that the zoo board has been privy to, I shake my head. It's like, that's news to me. We just hadn't heard that or been made aware of it. The other -- my other concern is when I look at this drawing for Option D, it's -- I'm looking for details. I don't really understand the full scope of it in detail as opposed to the other options that have been presented. So my concern is that -- my sense is that it's been presented at the last moment, and I'm searching for the details. And so when it talks about the costs, I'm apprehensive and concerned that when something could be presented at the last minute, that it could have been thought through in the details. And when we talk about the amount of money that would be saved, I have concerns about that. And also, because of the rendering and the vegetation and -- it's been expressed that we're concerned about the trees. I don't see that as being presented. So my concern is that it's a last - minute put- together rendering Page 72 June 26, 2012 and that, because of the details that are missing, it makes me concerned about it. And I just urge that you more consider Plan B or D. Thank you. MR. MITCHELL: Robert Ottenad. MR. OTTENAD: I offer my time to the next speaker. MR. MITCHELL: The next speaker is Susan Earl, and she'll be followed by Wayne Meland. And could I remind you we'll be using both podiums. MS. EARL: I'll waive my time to Matt McLean. MR. MITCHELL: Wayne Meland will be followed by Paula Brothers. MR. MELAND: Hi. My name is Wayne Meland. I thought it would be important for a person not to be a member of the zoo board to actually come up and speak on behalf of the zoo. I am a strong supporter of the zoo. But I just want to make it clear that I support Option B or D as the zoo has vetted and has been proposed. You know, the cheapest option isn't always the best option, and I think that needs to be considered also. Looking at this Modified D, looking at that shows, to me anyways, all the land shown in dry retention is -- encroaches on the zoo exhibits right now, with the exception of the area closer to the parking lot, which is closer to the administration area. But with that, I yield the rest of my time to other zoo speakers. Thank you. MR. MITCHELL: Paula Brothers will be followed by Rocky Scofield. MS. BROTHERS: Yes. Good morning. My name is Paula Brothers, and I am the president of the Naples Zoo Board. It's my pleasure to be able to address the Board of County Commissioners as a representative of 17 volunteer members of the board of the zoo. Many of my fellow board members are here; some Page 73 June 26, 2012 of them you've met. I would ask them all, please, to stand. They also do not receive a paycheck. They are not running for public office. They are doing what they do for the zoo out of the goodness of their heart. They share their talents, their financial wherewithal, their advice, sometimes too willingly, but share their advice for the betterment of this attraction for the Naples community. Let me clarify. At our May 17th meeting, as a board we voted to recommend and support the alternative options of B and D. This was a decision that was re- confirmed last Thursday when we met again as a board. It is a decision from which we have not waived. It is shocking to me to be told that we had information prior to about 4 o'clock yesterday about any alternative to Option D. I received the information from an individual who received it from a commissioner who had received it rather late. We have not, as a group, had an opportunity, nor did my fellow board members even know of this option until this morning, but did not have an opportunity to ask any questions, to see what was being presented, to have it vetted. I think it is -- this is personal on my part, but I think it is presumptuous to have excluded the stakeholders who have spent years on this project and have been whisked away by what seems to be almost a self - serving effort on the part of a very small group of people. I am all for looking for the options that are available; however I think that we have, with Options B and D, good, vetted, and permitable options that we can consider. Both options of B and D offer important benefits that include the safe access to the zoo and the greenway and -- as well as a beautiful and enhanced pond feature at the main entrance. I know you've heard this before; I will say it again. Our intention was never, nor was the county's, to pave over the pond. It maybe sounds good, it maybe sells well in the newspaper, but that was never the intention. Page 74 June 26, 2012 As one of the many partners in the greenway project, the Naples Zoo appreciates the considerable time that has been put into this effort, both by the commission as well as the county officials, to bring us to this point. We are looking with Option B -- D, modified, as I see it, as a concept. We are looking at the other options as things that have been thoroughly vetted and have been looked at by many eyes. I would caution that it is only fair that everything be considered equally and that this is rushing to get to a point by entering this at such a very late date when all parties have not had an opportunity to be involved in knowing any of the particulars other than what the gentleman at Grady Minor has shared with us this morning. I would encourage the commissioners to please consider Options B and D, which is what the Naples Zoo board did vote on. It would be out of place for me to even comment on the other option of D, modified; as we, as a group, have not discussed this nor, as I said, did we have the opportunity getting it so late yesterday. As far as individuals thinking that they were not aware of what the zoo chose as far as options to support, as I said, we made this decision at our May 17th board meeting. I believe there was a rally for the pond on June 9th. It should have been pretty well apparent since we had both of those options available. To say that this was made available to them on Wednesday is a slight misstatement. And, unfortunately, I have to say that a number of things that have been mentioned have been -- misstatements is very -- perhaps the nicest way to say it. We're having words put into our mouth. I'm having words put into my mouth. It is not the way I think that we should be operating. So I would hope that you will consider, as I said, the Options B and D that the zoo board did recommend and support as good, vetted, and permitable options. Thank you. Page 75 June 26, 2012 MR. MITCHELL: Mr. Scofield will be followed by Matt McLean. MR. SCOFIELD: For the record, Rocky Scofield, a member of the zoo board. And I'm not going to tell you how long I've been a resident here. I would just say that I support B and D. I found out last night, about 9 o'clock, about the Option D with the modifications. It may be a workable solution. I don't know that yet. If it does not cost us any more money, if it reduces costs, if it does not take up any more zoo land, then I would say that's something we could look at. And I would support doing that. We have not done that at this point. You know, the zoo's intentions -- you know, we've been on -- I've been on this board for six years now, and it's never our intention to hide anything from the public. It was never our intention to pave over a pond. The rhetoric that's been used, yet, sells well. I heard this morning that -- it was brought up the zoo is just a bunch of animals in cages, and that kind of language, to me -- and I'm sure doesn't sit well with David Tetzlaff and his family. That zoo is an incredible place, as you all know. It's incorporated the Caribbean Gardens into it. It's one of the nicest places around of any of the zoos. I just -- I just want you to know that we work hard. All the people that donate their time to the board of directors know, the people of the zoo, it's a long and arduous thing. So we just ask you to carefully look at these options, and we'll go with your decision. MR. MITCHELL: Mr. McLean will be followed by David Tetzlaff. MR. McLEAN: Thank you, Commissioners. Matt McLean. I'm the president -elect of the board of the zoo. I appreciate you allowing us the opportunity to speak today. This has been a wonderful process. It's been encouraging. It's Page 76 June 26, 2012 been enlightening. It's been, you know, a continuous thing that continues to challenge my personal brain, and I appreciate that greatly. I also have been a long -time resident of Naples. As a kid I was going to the zoo, and now my kids go to the zoo. We love the zoo. And, quite frankly, that's why I'm involved on the board of directors of the zoo. I can also tell you that you've heard from my fellow board members today that we have not had the ability to review Option D, modified. So, quite frankly, we can't be in a position to tell you today whether or not that particular option is a good option or a bad option or a workable option. We do need that ability to look at that particular option. I personally received a copy of that option late last evening for the first time. I am very concerned with respect to the location of how the dry detention is laid out in Option D, modified. I think it's important to realize and recognize that the ponds that we're all trying to save, collectively together here -- I think that's a good thing, "collectively together" -- but that those particular ponds will not be counted in the water management engineering design, so that water management for the particular road network is going to have to go somewhere else. You know, the Option D that the board of directors supports, we recognize and see where that dry detention is, and now for the first time we're seeing additional dry detention that may impact areas potentially within current zoo operations or potential areas where the zoo operations may be able to expand into the future. We just haven't had the time, quite frankly, to vet that, and neither has the Gordon River Greenway Stakeholders Group. And I would be remiss if I didn't mention and reiterate that this particular group of individuals, of which I'm also a member in the Gordon River Greenway Group, hasn't had the ability to vet Option D, modified, as well. It may be the solution. Unfortunately, we just haven't had the ability to review that yet. Page 77 June 26, 2012 So you guys have an interesting challenge today. We greatly appreciate your ability to allow us to come out and speak today. I am, you know -- I see -- Commissioner Hiller, I see you have a question. COMMISSIONER HILLER: I do, if I may. If -- you know, I've modified my motion on Option D, modified, to say that Option D would -- as modified, would have to allow for no interference with zoo operations, no additional land for -- taken for water retention, and that it would be at a reduced cost over Option D. If I added "subject to the zoo board's approval and the Gordon River Greenway Group's approval," would that satisfy your concerns? Because that would basically make this subject to, you know, your approval. You go back, you review it, you make the determination that that works, and then Option D, as modified, you know, becomes effective on the conditions that I presented. It basically preserves your ability to review it and approve it. MR. McLEAN: I could speak on behalf of myself as the board -- as a member of the board of directors of the zoo. You've heard our members of the board of directors of the zoo indicate that they haven't had the ability to review that. So I believe that condition would allow that. COMMISSIONER HILLER: Okay. MR. McLEAN: I can only speak as a member of the Gordon River Greenway Stakeholders Group. I, obviously, am only one particular member of that ad hoc group. I would suggest that possibly maybe you should couch that same question to Ellie Krier -- COMMISSIONER HILLER: I will. MR. McLEAN: -- and some of those other folks that have been so passionate and volunteered their time for decades to try and get this greenway project to move forward. But I think that that would certainly suffice from the board of directors of the zoo's perspective. COMMISSIONER HILLER: Wonderful. Can I ask the same Page 78 June 26, 2012 question of Ellie? Ellie, if I made my motion conditioned to the review and approval of this option by the Gordon River Greenway Stakeholder Group, would that be acceptable? MS. KRIER: I have even less latitude than the member of an existing board. I just facilitate process, and I am aware of several people who object to at least one condition that's been put on. So I think it would have to go back to them. I could not speak for them. COMMISSIONER HILLER: And this would be doing exactly that, that it would be subject to your group's approval. MS. KRIER: I understand your intent. I can't speak for them to say that that would meet with their agreement. COMMISSIONER HILLER: Okay. MS. KRIER: Sorry. COMMISSIONER HILLER: That's okay. COMMISSIONER HENNING: I'm going to second the motion so we have something -- a placeholder. MR. MITCHELL: The next speaker is David Tetzlaff. He'll be followed by Bruce Anderson. MR. TETZLAFF: Mr. Chairman, Commissioners. I like having the zoo's name in the paper every day. Just proves there's no such thing as bad publicity. We're having a record year. So thanks, everybody. And I want to thank staff, Leo, everybody, Steve, Barry, you guys on the dais for your patience. I mean, this process has been exhaustive at the very least. Sometimes I forget I'm running a zoo. I'm also pleased that a greater percentage of our board is here today, and I think this demonstrates to the community, this is not the Dave show, it's not the Tetzlaff show. I work for these guys, and I think this is a wonderful demonstration of that fact and their knowledge and their commitment to the process. Also, I'd like to clarify that it keeps getting stated and restated Page 79 June 26, 2012 that the $41 million purchase back in 2004 was for the zoo. What the residents -- what Collier County residents got with that was a 45 -acre zoo and 68 acres of green space, and that's been lost in this process, that you've got more green space than you've got zoo. So I just wanted to remind everybody about that. In the past two years, from Alabama to Africa, I've been to 30 facilities. We have one of the best zoo entry experiences out there already. And B or D would only make that better. And back to why we're even here is that this process has been going on for seven years now. I went back to look at my first emails. They go back seven years when this process started and the zoo became a partner with the greenway and with the county process. And we were excited about it from the very start because it's allowed us to have a new driveway and allowed us to have a new parking lot, because the zoo is a success story. In the last decade we have doubled our attendance, and parking has not changed. So this whole process allows us to double our parking. Last year we had 326,000 visitors. Most days in season, on our 12 free days, people are parking across the street. We don't want that to happen. We need safe ingress and egress for our visitors. And, again, thank you, and please consider B or D. Thank you. MR. MITCHELL: Bruce Anderson will be followed by Bob Krasowski. MR. ANDERSON: I waive my time. MR. MITCHELL: Bob Krasowski. CHAIRMAN COYLE: Are you waiving your time for Bob Krasowski? MR. ANDERSON: No. CHAIRMAN COYLE: Okay. MR. MITCHELL: And he'll be followed by Bill Barton. MR. KRASOWSKI: I'll remember that, Bruce. Good afternoon -- good morning, Commissioners. '.:- 6 1 June 26, 2012 I can't read the small print up here, and I'm interested to know what these areas are, these -- they look like concrete. This is -- MR. OCHS : They're dry retention. MR. KRASOWSKI: No, this up here and -- CHAIRMAN COYLE: Those are dry -- those are dry retention pond or areas. MR. KRASOWSKI: Oh, okay. Dry retention. Okay. Well, here. Let me throw in my 2 cents. I am considering Plan K for Bob, for Krasowski. The zoo is just great. I love it. I -- like so many other people here we've -- it's part of our life that we've experienced in Naples. It still is wonderful. It's a great place to go. I've had my kids on the bridge. I'm as thrilled with the fish and turtles as they are. And just the other day, a couple weeks ago I was there, and there was a big burly guy with his son, and he had his head under the rail, and they were both hanging over there. So it's very dynamic. So what I would suggest is that we keep the bridge, we make a -- and I'll show this by pointing out -- we make a T intersection right here, okay, at the entrance, because I think for the zoo, the zoo should have its own entrance. I'm not with having everything going through the Conservancy entrance. And then bring the road a bit closer to Goodlette Road with some really nice ornamental trees and whatever to kind of buffer the zone, and then when you go in you make a right turn into the zoo parking, or you can go forward to the T and make a left into -- get rid of that pond there, the pond on the left, which now would cover what is existing gravel parking, and then let people park there, and then they can walk over the bridge. We keep the bridge. So that would be an option. I think that you might be putting this back to the various stakeholders, who I highly respect. It's quite a collection of people. And if they do take this back for consideration, I'd like them to consider what I've just suggested as well, not to complicate things, but June 26, 2012 to contribute to the discussion. Yeah, not to complicate, yeah. So thank you for the opportunity, and I hope it works out well for everybody. CHAIRMAN COYLE: Thank you, Bob. MR. MITCHELL: The next speaker, who is also your last speaker, will be Bill Barton. MR. BARTON: Good morning, Commissioners. For the record, my name is Bill Barton. And although I am a member of the board of directors of the Southwest Florida Land Preservation Trust, as Ellie Krier made mention earlier, that trust has made an observation that their position really should remain neutral, so the comments you hear today are strictly my own opinion and do not necessarily reflect the position of the land trust. I began to study the various options and did, indeed, attend a couple of the stakeholder meetings and came to the conclusion sometime a week or so ago that I was very much in favor of Option D. And I made the Land Preservation Trust Board aware of that at our last meeting, which was last Tuesday. I continue to hold that position. I really don't have opposition to the Option D, modified. In fact, I kind of like the increased water area on the north side of the entry road; however, I do have one serious problem, and that is the condition that's been posed -- imposed upon Modification D or Option D, with modifications, and that is the foreclosure of any kind of vertical hardening on the shoreline. Every decision we make when we design these -- and I think most of you -all are aware that I spent a profession designing these kinds of things. Every decision we make has consequences. When we move to a slope all the way around the ponds, those ponds are going to shrink dramatically in size. If you look at the little plan I gave you, what I sketched out there was the north pond. And you'll see what I refer to as top of bank, and then you'll see what I refer to as water's edge. And the reason for the June 26, 2012 difference there is the sloped embankment. And I'm using a three -to -one slope, which is as steep as you're allowed, and anticipating a 3 -foot vertical drop between the top of bank and the water surface. What that does, if you look down at the left -hand corner, that will shrink the area of the pond from approximately 9,000 square feet to 5,000 square feet. These are already very small ponds. That's troubling to me. I think the judicious use -- I don't like to see it hardened all the way around. But the judicious use of some vertical elements around certain portions of that pond so that we can expand the surface area of the ponds is, in my opinion, very important. That's what we want to see is water. We're taking a lot of the water away if we eliminate out of hand all of the vertical components along the shoreline. I think that's a mistake. I'd like to see the commissioners give instructions to use it judiciously so that it will enhance the end product. Simply eliminating it, in my opinion, takes away from the end product. Thank you very much for your time. CHAIRMAN COYLE: Thank you, Bill. That was our last speaker? MR. MITCHELL: Sir, that was your last speaker, but I'd just like to mention to staff that the Option D. modified, we do need the documents to that for the court reporter. CHAIRMAN COYLE: Get them to you tomorrow. Mr. Barton has made a very, very good point, which is the reason for my concern over Option D, modified. It is deceptive both from the standpoint of the size of the ponds and from the standpoint of cost. And I'll give you some examples. Number one, most of the people, maybe all of the people who want to preserve the ponds, I believe, want to have natural looking ponds. They don't want to have a square pond with -- or acute angles June 26, 2012 on their pond. It needs to be natural. When you take the ponds that are shown in Option D, modified, and you try to make them natural, you reduce the size. Now, one of the reasons that we're able to reduce the cost under Option D, modified, is because we remove the retaining walls, the walls that form the side of the lake, which permit you to get deepwater fairly close to the road. So if you eliminate those and save the cost, you do exactly what Mr. Barton has said. The slope is -- has to be so gradual that the pond decreases by almost 50 percent. So Option D, modified, as it is presented in this conceptual plan, is very misleading. The other thing is you will notice that the dry retention areas that are identified on the top part of this conceptual plan are linked all the way along, north from south. Now, what is that link going through the existing pond there? Are we going to excavate and put a drainage pipe through that existing pond to link those areas? What is that? I don't know. But it -- we've been told it is all conceptual. Well, I'll tell you the cost is conceptual. It's very, very conceptual. And what you're going to get is not what's on this diagram, and we need something that is accurate that meets everyone's needs. And I am concerned that many of the things which have been discussed in this Option D modification will have unintended consequences that the very people who are supporting them right now will not be satisfied with when it's finished, because it's going to be smaller. And I think Option D, we can get to the same place. I would be willing to vote in favor of making the northern pond all water retention under Option D, but I -- I think -- excuse me -- that we have to give some consideration to judicious use of walls in some cases so we can maximize the water feature itself. But that's up to -- in my opinion it's up to the stakeholders to get something that is acceptable. June 26, 2012 But I am saying to you that this conceptual modification, as it is presented to you today, is deceptive both from the standpoint of cost as well as from the size of the ponds that you're likely to get. And I don't want to spend money doing that and then find out that we have people who are not happy and they get something they didn't really expect. So, Commissioner Fiala, you're next. COMMISSIONER FIALA: Thank you very much. It's interesting, because I was going to go somewhere along that same line to say that I was concerned with, by removing the bulkhead -- which it's great to save the money. I think that's really great to save the money except that would we have erosion and then would the ponds start silting in? Not only that, in Lakewood -- we have little lakes in Lakewood. And one of the things -- we have no idea where all the tilapia came from, but all of a sudden we have tilapia who are eating the roots of the grasses around the lake, and as they do that, they have to dig through the mud. So then what's happening is we've got erosion into the lakes as they -- in fact, one lady's trees are going into the lake now because there's been so much erosion there. So I think these -- what I'm saying -- CHAIRMAN COYLE: You can solve that by eating the tilapia. COMMISSIONER FIALA: Well, they won't let us fish in there. Anyway, this all goes to point out -- first of all, I think everybody -- regardless of who is sitting here, everybody agreed that they liked both of the options, and it seemed that as long as D was something that the ones -- the pond people were especially happy with, everybody else is happy with that too. So without question, we want to save the ponds, and we feel D is a good way. I think it's only fair -- and that's, you know -- you know me, it's only about fairness. I think it's only fair to give the modification to D to the stakeholders to study and let them see what's going on, and then Page 85 June 26, 2012 -- and then come back to us. I think that they're going to find most everything in D is acceptable to them, too. They're just kind of stuck in limbo right now because they don't know what it says. And like Bill Barton brought out, you know, if it's something that wouldn't work, gosh, the pond people would want to know that, because they're trying to save the pond. But we won't know that until we study it. I think that all stakeholder groups would feel better participating in it. And so, again, I go back to saying, I'm happy to -- I realize I don't have a right to make any motions, but happy to absolutely approve Option D, because that's the way to go. We all agree with that. But we think that we ought to take the modification back, study it, and bring it back at the next meeting to add it. So those are my opinions. Thank you. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Mr. Barton, could I ask you a few questions? I want to thank you so much for taking the time to do this diagram. It was very educational. I think it highlighted a very important point. MR. BARTON: Forgive how rudimentary it is. It was produced between 5 o'clock and 6 o'clock this morning. COMMISSIONER HILLER: Oh, it's remarkable. Could you give us a little more detail on how much hardening -- because as I heard you say, you were in favor of Option D, as modified, with the recommendation of providing some hardening but obviously not, you know, fully all around, just whatever would be necessary to preserve the shrinkage that you're describing. How much do you think would be needed? And, you know, I don't want to put you on the spot, but you do have tremendous experience. Just a sort of ballpark range of what the additional cost would be to do what you're suggesting. June 26, 2012 MR. BARTON: Well, I'm not sure I can help you very much with that, because it depends on so many variables and that's, candidly, why I don't want to see the commission foreclose the opportunity. COMMISSIONER HILLER: Got it. MR. BARTON: I don't know, without really sitting down and studying this, what the end product ought to look like. What would it increase the cost? It depends on so many variables. As a for - instance, I would like to see it made out of wood, because wood would be a much more pleasant and aesthetic -- it's not the right place for concrete. So then you're dealing with a -- when you use wood, you've got to put a filter fabric behind it to keep erosion from going through the joints in the wood. I think that the cost that the county had for Option D probably would not be exceeded. That is to say the amount of vertical wall that they used probably is going to be okay. I wouldn't necessarily put it where they had it. I can see using spots of it around the edges. And keep in mind that if you want to get rid of the vertical aesthetic element, it's very easy to plant aquatic vegetation in front of this wall that will extend up and interrupt the view of it. You can also put vegetation that will hang over the wall. And, once again, the wall can almost disappear, but you still have the advantage of creating a larger surface area for your pond. COMMISSIONER HILLER: That's -- MR. BARTON: And that's really my goal and objective is to end up with something that is extremely attractive. And these ponds are so small to start with, we can't afford to shrink them -- COMMISSIONER HILLER: Right. MR. BARTON: -- in that effort one. COMMISSIONER HILLER: I appreciate your description, and I share the same goal as you. Page 87 June 26, 2012 As the broker, if you will, between these parties which is what, you know, you and your organization is in this situation -- you know, I had made the motion, which you heard me reiterate earlier. Would you recommend that we make the motion and allow Option D to go forward subject to approval by board, or would you rather see this continued and allow the various groups to continue negotiating on Option D, modified, and bring it back? What would you see as the best way to proceed as the broker? MR. BARTON: Frankly, we've taken a long time, and we all understand we want to bring this to a conclusion, but taking another 30 or 60 days, I think, may be very worthwhile, and perhaps then we can come back as a joint and united stakeholder. Right now we've got some -- COMMISSIONER HILLER: Division. MR. BARTON: -- division today. That division could go away, I think, with a little bit of additional time in looking at it. As I said earlier, Option D, modified, for the most part, I really don't have problems with. In fact, there's elements in it I very much like. COMMISSIONER HILLER: Great. Then I don't want to have this thrown out by us making a decision today that Option D is the option we should all go forward with based on your professional opinion. And as the broker, I'm going to modify my motion, again, taking your input, because I've assimilated everything that everyone has said. And, Commissioner Henning, if you would support me on this, I would like to do what Mr. Barton recommended, and that is continue this to allow the stakeholders get together to work on Option D, modified, with your guidance to bring it back in, you know, 30 days. I mean, we could -- our next meeting is July -- MR. OCHS: 24th. COMMISSIONER HILLER: -- 24th -- if you want, or is that too I � , • - . . June 26, 2012 soon, or would you rather bring it back in September because -- MR. BARTON: I think so much work has been done on this that with a little bit of expeditious effort, we could be back here. COMMISSIONER FIALA: She modified, and I agree, and I'll second that. COMMISSIONER HILLER: Yes, thank you. So do I have two seconds? COMMISSIONER HENNING: You have two seconds. COMMISSIONER HILLER: Awesome. So I'm going to modify my motion to that end, that you bring it back on the 23rd (sic) and that is -- I'm sorry, on the 24th to review Option D, as modified, and, you know, bring back hopefully a consensus position where everybody's in agreement. MR. BARTON: And some of the things I hope we can do, as Commissioner Coyle pointed out, these kinds of sketches -- and that's really what they are -- can be very misleading. What we've got shown on this exhibit is the water as though it's at the top of bank. That's not what it is. And we need to get back so that the exhibit more reflects reality rather than a pretty picture. COMMISSIONER HILLER: Right. But I think you're actually building consensus. I see all these nods from all these groups. So -- well, that's my motion with two seconds. MR. BARTON: Thank you. CHAIRMAN COYLE: Okay. Then, Commissioner Henning, go ahead. COMMISSIONER HENNING: Real quick. If we could take a look at Option D on the northern pond. You actually have a wet retention and a dry retention. And if we can accomplish more of a water feature in the entrance to the greenway, the zoo, and somewhat the Conservancy, which I believe is more of the centric and the center of population, what a feature for not only our residents but our visitors, too. June 26, 2012 You know, the -- I remember the campaign on saving the Fleischmann property. It's a passionate issue, and it's because everybody has that experience. And, you know, again, both of my sons had that experience not only at the pond but the zoo. And I met with David and -- last week and brought my son along. And we left there, and he says, "You cheated me." My son said I cheated him because we didn't stay long enough. CHAIRMAN COYLE: Okay. We have a motion to continue this until our meeting in July by Commissioner Hiller, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Now, ladies and gentlemen, we get to do this all over again one month from now, and you get to come back and say the same thing you said then. Okay. COMMISSIONER FIALA: Betty, it was so nice seeing you. COMMISSIONER HENNING: I don't know if we're going to have time for this next item. CHAIRMAN COYLE: Yeah, we're -- I'm sorry. COMMISSIONER HENNING: I don't know if we're going to have time -- MAYOR SOREY: We should be able to finish it in three minutes, Commissioner Coyle. COMMISSIONER HENNING: No, I don't think so. June 26, 2012 CHAIRMAN COYLE: Yeah. We don't have anything we can finish in three hours around here. We're breaking for lunch. We'll be back here at 12:56. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Where do we go from here, County Manager? Item #1113 RECOMMENDATION TO APPROVE AWARD OF CONTRACT #11-5772 FOR FINAL DESIGN, BID, AND CONSTRUCTION SUPPORT SERVICES FOR SOUTH MARCO ISLAND BEACH RENOURISHMENT AND REBUILDING OF THE FIVE EXISTING EROSION CONTROL STRUCTURES TO COASTAL ENGINEERING CONSULTANTS (CEC) FOR THE NOT TO EXCEED TIME AND MATERIAL AMOUNT OF$98,762, AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD COUNTY ATTORNEY APPROVED CONTRACT — APPROVED MR. OCHS: Mr. Chairman, we go to 11B. It was an 11:30 time - certain. It's a recommendation to approve award of Contract 11 -5772 for final design bid and construction support services for South Marco Island Beach Renourishment and the rebuilding of the five existing erosion - control structures to Coastal Engineering Consultants for a not -to- exceed time - and - material amount of $98,762, and authorize the chairman to sign the standard County Attorney approved contract. Mr. McAlpin is here to present or respond to board inquiries. CHAIRMAN COYLE: Okay. Mr. McAlpin? MR. McALPIN: Thank you, Mr. Chair. For the record, Gary McAlpin, coastal zone. Page 91 June 26, 2012 What we are here -- what we would like to do is move forward with the final design, the bidding, and the construction support services for both the Marco Island renourishment and the rebuilding of the five existing erosion - control structures, Mr. Chair. You've heard this item twice before. The -- and on the April 10th meeting of this year, you asked us to come back and bring a contract back to you. That's what we have done here. This contract has two portions. The first portion for the design breakdown is for the beach renourishment. That's 43,748 on a time - and - material basis, and the second portion of this contract, Mr. Chair, is for $55,016, and that is also on a time - and - material basis, and that's to rebuild erosion - control structures. Both the Coastal Advisory Committee and Tourist Development Council has approved this item. And I'll be happy to answer any questions that you have. CHAIRMAN COYLE: Okay. How many public speakers do we have? MR. MITCHELL: Five public speakers. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. Let's call the first public speaker. MR. MITCHELL: The first speaker is Bob Krasowski, and he'll be speaking six minutes because Janet Krasowski has ceded time. COMMISSIONER FIALA: Who has? Who ceded time? COMMISSIONER HILLER: His wife. MR. MITCHELL: Jan Krasowski. COMMISSIONER HILLER: She's sitting right there. MR. KRASOWSKI: Good afternoon, Commissioners. Good to see you again. My name is Bob Krasowski, for the record. Page 92 June 26, 2012 There's a couple points I'd like to make, and I'm appealing for your consideration for a slight modification of either this, the Marco Island contract, or the next one you're going to see, the Naples Beach contract. But here I have on your -- in front of you or in the overview, is out -- a page out of your Collier County Conceptual Renourishment Project Analysis. This was the main document that we've been looking at over the last couple months. And as Page 34 -- and as you can see, it identifies a sand source at Cape Romano of 900,000 cubic yards, and then a second sand source of 2 million cubic yards. Now, this sand source is in Florida state waters, not in federal waters. So what I'm suggesting and hoping we'll -- you'll agree to do, is to -- within this contract or the next contract, expand the workload for the contractor and have them evaluate the use of the Cape Romano sand source for -- I don't know if they're going to use them on the Marco beaches. I think that's being dredged out of Caxambas, but I'm not totally sure -- but to evaluate these for the use of this sand source to -- because -- since we have the dredges down there already -- and to be used to take care of part or all of our Naples Beach Renourishment Program, which we could initiate this year, not wait an entire -- another winter season and another summer season, and then get into the 'I V1 4. There's not going to be any beach left if we wait that long. So we go and take this Cape Romano sand. You can also see on the chart below that that the millimeter grain size of the Cape Romano sand source matches most of the beach projects, renourishment beach projects there, which is an important consideration. So I'd just appeal to you to do that. Also, if we use this, at least a portion of the -- and maybe all of the mobilization cost will fall under reimbursement from FEMA, because we have the FEMA money that's not only for Marco but for the Naples beaches, and so that would cover mobilization and some Page 93 June 26, 2012 portion of the sand that's already been identified. Of course, there's no guarantee we'll get the FEMA money, but if it's available, we should certainly take a look at it. And the longer we wait, the more disasters are going to happen, like what just happened yesterday, you know, over the last couple of days. So we should not hesitate. So I think it's very prudent to keep an analysis -- this analysis in our overall plan. I've -- I believe what I've been told in the past, that you have set up this 10 -year umbrella project which, over -- which considers all options, but within that you'll move according to your budget and according to -- excuse me, I'm sorry -- according to your budget and according to the various strategies that are presented after Gary and his people do this analysis that's contained in the contracts already, and then we can refine exactly what it is that -- specifically what we're going to do. But -- so -- also, I'll say one other thing, because I don't want to confuse it too much, but the -- I have here the biological opinion that allows us to renourish year- round, and there's conditions on that, and one of the conditions is that we -- at least with one of the agencies, is that we avoid sea nesting season -- sea turtle nesting season to the maximum extent practicable, which means doable. If we move sooner than later and have two seasons to renourish, given the economic situation, too, I just described with FEMA, we're being practicable. We're doing the best we can to try to avoid nesting season. But if we do that, we're not going to worry about that, because we'll have accomplished the renourishment without going into the turtle nesting season. And I know there's an interest in a strategy that includes the Captiva Island and maybe Long Boat Key and working together with us; we could probably still pursue those, maybe the '13/'14 season when we will look at renourishing Barefoot Beach, you know, that stretch, if we break things up. June 26, 2012 But, essentially, I'm asking you to include the evaluation of that Cape Romano sand source into this workload for -- so thanks a lot for your attention to my comments. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, you bring up some really good points. And you're right, I think time is of the essence, especially for some of those beaches in the Naples area, because they're already very, very eroded, and we've got to build them back up or it's now going to start taking down trees and houses and so forth. And a friend of mine was on the Fort Myers Beach yesterday, and he was saying that, he and his wife were there, the water was coming up so far it was coming to the houses, and all of the turtle nests along there were totally flooded. And so that -- you know, avoiding turtle nest season is a good idea, but not to the point where the waters are killing all of the turtles. So my question is -- you were comparing sand grains. Is the sand compatible from Romano -- from Romano -- what do they call it, Romano -- MR. KRASOWSKI: Cape Romano. COMMISSIONER FIALA: Cape Romano -- to be put on there. You know, I don't know that and I don't know that you know that, but I mean, maybe we ought to consider that right away. MR. KRASOWSKI: Well, I think we can -- I believe it is compatible, but what I'm asking is that as part of this work your engineers and the people that are going to get this contract include that analysis of it. They'll show us what it is -- I believe it is. But, you know, the thing about the turtle nests getting washed away, that shows us two things. We better get the beaches in shape so the turtles have a place or else, like you're saying, it's going to wash over the barrier islands, you know, all sorts of people. And then the other thing is -- (Cell phone ringing.) tm" June 26, 2012 MR. KRASOWSKI: What is that, Christmas or something? The other thing is, though, the turtles have taken quite an impact. It's scientifically proven that there's a certain effect for a year or two after beach renourishment on the turtle egg laying population. So after what they've experienced this year, we don't want to put additional stress on them. And if we can expand the window, start at '12, go through '14 , we have more room to wiggle in, and it's just a better deal. I know it's a little contrary to what Gary and -- but I think when we work together, we get broader ideas. And what you've done so far with your staff has been a lot of good stuff. COMMISSIONER FIALA: And we certainly didn't expect all of this type of weather either. MR. KRASOWSKI: No, you never do, and -- COMMISSIONER FIALA: You know, that might be a consideration. Thank you. MR. KRASOWSKI: Okay. Thank you. CHAIRMAN COYLE: Commissioner Henning, do you want to wait till after the speakers? COMMISSIONER HENNING: No, no. We have -- I believe this item is for the South Marco Island beach renourishment. It makes sense to pull that out from the pass to put dirt on that; however, Commissioner Fiala, you're spot on on Naples Beach and particularly, North Naples. I have a lot of concerns, like you expressed, but even more concerns is, what are we going to do for the winter residents or the visitors who come in the winter when there's no beach there? So that's why I made a motion quickly for this one. I think it's a no- brainer; however, I think the next item is the concern. COMMISSIONER FIALA: Okay. Did you get your second on the motion? COMMISSIONER HENNING: Yes, we do. COMMISSIONER FIALA: Good. Okay, good. Yeah, we could 0-me June 26, 2012 finish that one up then and move on. CHAIRMAN COYLE: Okay. Commissioner Hiller? MR. MITCHELL: The next speaker is Peter Tierney. CHAIRMAN COYLE: We have other speakers. You want to speak first, Commissioner Hiller? COMMISSIONER HILLER: Yeah, I would like to. With respect to this Marco issue, I really appreciate what you said about pulling sand out of Romano, Cape Romano. Commissioner Henning, would you willingly modify your motion to include that in that contract, that that be explored to see if that's an available source of sand that could be -- COMMISSIONER HENNING: I'm willing to remove my motion; however, I want to hear from our staff on that issue. Again, my issue is not Marco Island south beach. My issue is on the north end. But if we can save some money and do them all from a sand source -- COMMISSIONER HILLER: That's local. COMMISSIONER HENNING: -- that's local, yes. I just don't know. COMMISSIONER HILLER: And this solution would suggest that. Commissioner Fiala, I mean, it does tie in with what you were saying, and that is, you know, we would like to see the critically eroded beaches in the south done as quickly as possible. If we can reach into Cape Romano now as opposed to waiting to 2014 and pull it from Sanibel, it does make sense and would probably save a lot of money. COMMISSIONER FIALA: But this is supposed to be done this year, by the way, this south Marco. COMMISSIONER HILLER: Right, exactly. COMMISSIONER FIALA: And the biggest part of construction dollars for the Marco beach is really the rebuilding of the structures. Page 97 June 26, 2012 There's -- so, you know, the sand isn't going to affect that as much. There's only just, I think, like a fourth of it that's actually in sand. So -- and I don't know, maybe they're getting the sand right from around that beach right there, so it would be too far to go to Cape Romano in order to pull the sand there, because they've got it right offshore. COMMISSIONER HILLER: The -- can you help me with that, Bob? Can you come back and explain why you feel that the Cape Romano sand can be used on the Naples Beach. COMMISSIONER FIALA: No, I'm not talking Naples Beach. I'm talking Marco. We're talking Marco. COMMISSIONER HILLER: Right. We're talking Marco, but I think -- could you clarify your position? MR. KRASOWSKI: These are either /or contract. COMMISSIONER HILLER: No. Let's stay focused on this contract. MR. KRASOWSKI: Oh, okay. On the Marco. COMMISSIONER HILLER: We're only talking about Marco. We're not talking about any contract except the Marco contract for now. MR. KRASOWSKI: For now. COMMISSIONER HILLER: So just focus on that and explain your position on that. MR. KRASOWSKI: Okay. The reason I thought we could embed it in the Marco contract is because we have -- we're setting up the equipment to do Marco, the dredges. So when you put out -- after this engineering, they're going to also put out the requests for proposals. So the request for proposal should contain, dear dredgers, you know, please include the potential of the strategy of using Cape Romano sand up along the Naples beaches. So -- but -- and it's more likely, if you do sooner than later your FEMA work, which the Marco will benefit from -- and also the FEMA monies are for mobilization -- so if you -- if you start with your ' 12/' 13 0- • �7 June 26, 2012 program, which is in, like, November, you can do Marco with whatever sand Marco is supposed to get, Caxambas Pass, or -- you know, so that works. You get Marco done. And then the -- setting up the infrastructures from Marco is sort of a separate item, you know. But we're talking about the dredging of the sand, adding a workload to that dredge, which has the potential to be FEMA paid, and then taking that sand and addressing hot spots or super problematic areas, you know, the beaches by the hotels. So that's why I kind of focused first on using the Marco contract or -- COMMISSIONER HILLER: So, essentially, what you're saying, given that we've already mobilized the dredge and it's -- MR. KRASOWSKI: FEMA paid. COMMISSIONER HILLER: -- and it's being funded by FEMA MR. KRASOWSKI: Potentially. COMMISSIONER HILLER: -- we can actually expand on that project because the dredge has already been in place, we've already paid for the mobilization, pull sand out of Cape Romano, and renourish the south Naples beaches. MR. KRASOWSKI: Uh -huh. COMMISSIONER HILLER: And do that now as opposed -- MR. KRASOWSKI: Or Vanderbilt beaches -- COMMISSIONER HILLER: Right. MR. KRASOWSKI: -- depending on which one's in worse condition. COMMISSIONER HILLER: As opposed to waiting to 2013/'14, which makes a lot of sense. MR. KRASOWSKI: Exactly, yes. COMMISSIONER HILLER: And I don't see any reason why we -- why that shouldn't be explored in -- MR. KRASOWSKI: Gary might be able to tell you a few. June 26, 2012 COMMISSIONER HILLER: -- this current contract. MR. KRASOWSKI: But I'd like to comment to those, but -- okay. Anything else for me? COMMISSIONER HILLER: Is Gary going to comment on that? MR. McALPIN: The -- let's -- the south Marco project, we're going to get the sand from the Caxambas borrow area, which is right offshore. It's less than a half a mile from where we're at. We have the dredge there. And we pump the sand directly from that borrow area onto the beach. It's a very simple operation. We have used that sand source a number of times before, and there's enough sand in there to renourish the south Marco beach. So I see no reason to look at Cape Romano's shoals in terms of -- in terms of using that sand there. The issue relative to Cape Romano shoals, we did a preliminary analysis on that a number of years ago. We do not have a permit to pull the sand out of Cape Romano. We -- there would be considerable amount of additional development to develop that sand source. When we developed, originally, the T1 sand source, which is the one that we have been using for the last beach renourishment, our price to develop that sand source was over $2 million. Now, I'm not going to say that developing Cape Romano sand source would be $2 million, but it would be significant, and it would take a significant amount of time to deal with that. We could certainly look at that sand source. If you want to look -- have us look at that relative to the next -- the major beach renourishment, we have an item in there. We know that the sand at Cape Romano meets the specifications, but it is not quite as good as the sand from off of Captiva. So we could certainly look at it. We could bring you back a report on which options we should look at and why one source is better than the other. But from a preliminary point of view, we have investigated this before. Page 100 June 26, 2012 We wanted to have Cape Romano in our hip pocket in case for some reason we were not able to get a regulatory permit or move forward with our existing sand source. We'd just have another sand source here in Collier County. So those are the issues, Commissioner. Thank you. COMMISSIONER HILLER: Can -- MR. McALPIN: The other issue, it would definitely take another dredge. So the item that -- we would have to look very closely at the item that Mr. Krasowski was bringing saying that we could use that same dredge to move forward and do the major beach renourishment. So there's investigation that could have to happen. We have no problem doing the investigation if so directed by this board. COMMISSIONER HILLER: Can you address Mr. Krasowski's questions? MR. McALPIN: Would you repeat the question, please. COMMISSIONER HILLER: Can you repeat your questions or statements? MR. KRASOWSKI: Let's see. In a question form, the -- COMMISSIONER HILLER: Just make a statement, whatever. Just clarify whatever -- MR. KRASOWSKI: What I said was that, understanding that a bigger job would take a different dredge, but the RFP -- request for proposal to hire people to do the work hasn't even been written up yet. So, you know, we're talking about doing things in stages, okay. And you've been doing that all along. At this point in time, in the stage, I suggest -- what I think Gary's half agreed to -- is that this work analysis of the sand and this appropriate placement be part of this stage. Now, after this stage we go into sending out an RFP and invite people to come and do the work, and then -- so that's another stage. And we'll know whether or not we should use the Cape Romano sand at that time, but -- so we have to do this one step at a time. Page 101 June 26, 2012 This is a critical juncture because you're about to set a contract with either the Marco or the Naples Beach, either one would work, to either look at this or not look at it. And I don't think a report -- interior in -house report would provide the people to go out and test the sand and all that. And what other point specifically would you like me to address? Okay. So it just goes back to the basics. Before you let out this RFP, up want to know if you want to use Cape Romano as part of the Marco Island, which gives -- which gives you the window of working in the '12/'13 period, even if it takes a little longer. You've still got January/February/March. COMMISSIONER HILLER: And just to clarify. You're not referring to the Marco Island renourishment? You're talking about the Marco Island dredge mobilization, so we basically have economies of scale of that dredge -- MR. KRASOWSKI: Right. COMMISSIONER HILLER: -- being placed? MR. KRASOWSKI: Yes, yes. And so -- but if you want to go to Cape Romano at the same time period, the window that you have at the Marco Island that you're set up, then just put out the RFP and get the appropriate size dredge. We keep going back and forth with, oh, it doesn't matter what size dredge, and then all of a sudden the dredge we have, as if it's there -- I don't think it's there. The dredge we have isn't big enough to do that. So I don't understand. It's like we're coming on the thing from two different directions. But, yeah, so what I said is appropriate. And all you have to do is tell them to have the contractor, either the Marco people or the Coastal Planning and Engineering -- they're both here -- to do the work, to evaluate that sand source and to figure out what it would take, because we've got to get going. There's not going to be any beach left if we have a hurricane. You know, we won't even be able Page 102 June 26, 2012 to do it in time for that, but we're leaving all this season open, which is available to us. And to me, you're approaching not being practicable. You're not taking opportunities that present themselves to avoid encroachment on turtle nesting, and that's one of the criteria, at least as far as I'm concerned, as something we're going to base our participation around. MR. McALPIN: To comment on that, we will be happy to look at -- we've done a preliminary analysis on Cape Romano sand. We'll be happy to look at that again. I'm not sure that -- well, I know for a fact it's not right to take a look -- to use the Cape Romano sand source for the Marco Island beach renourishment. It will cost us significantly more -- COMMISSIONER HILLER: Nobody is suggesting that. MR. McALPIN: -- to do that. COMMISSIONER HILLER: Nobody is suggesting that. MR. McALPIN: And I would -- I don't believe that the timing in terms of the permits from one job to the other job would allow us to use the Cape Romano -- the shoal, but we will definitely take a look at that if that's the board's direction. Thank you. MR. KRASOWSKI: And one last -- one last point along those lines. The Cape Romano shoal sand is in Florida state waters. We go up to Tallahassee, the DEP, and we say, this is our situation. The beach is about to get washed away. What -- you know, what scenario can you help us with to do something quickly? The other sand off of Sanibel is in Federal water. And I spoke to those people, and just in a conversation it was explained to me that the quickest they've ever turned around any kind of permit up there, with all -- and I think we're -- our information is probably pretty up to date, but with every -- all the I's dotted, T's crossed, has been six months. So that kind of encroaches. So we've got to try whatever -- we have to investigate all options to see if the Florida DEP will allow us to do something this season, Page 103 June 26, 2012 even in December or January, you know, because it is dire. The situation is dire. But thanks. MR. MITCHELL: Your next speaker is Mr. Tierney, and he'll be followed by Burt Saunders. MR. TIERNEY: I was actually speaking on 11 C. They are all intertwined, but I don't believe there's -- COMMISSIONER HILLER: No, they're not. CHAIRMAN COYLE: We're not there yet. 11C. COMMISSIONER HILLER: They're not. You need to wait for MR. TIERNEY: Okay. I don't know if there's any more 11B speakers or -- MR. MITCHELL: Yes. Burt Saunders, and he'll be followed by Mike -- MR. SAUNDERS: Mr. Chair, members of the Commission, thank you for the opportunity to be here. I'm, for your record, Burt Saunders with the Gray Robinson Law Firm, serving as city attorney for the City of Marco Island. Initially I was just going to come up and thank you and staff for all that you're doing in reference to the south beach project, but I wanted to make sure -- I think the motion that was made by Commissioner Henning certainly covers this in terms of what the City of Marco Island's interested in and use of the Caxambas borrow area, as staff has recommended, I think is the most efficient way from a cost perspective and a timing perspective, and would ask the commission to go along with the staff recommendation on that. Thank you. MR. MITCHELL: There is one other speaker. I'm sorry. I can't read the name, but they live on Third Avenue north. MR. WATKINS: I'm Mike. I'm giving my time to Pete Tierney. MR. MITCHELL: So you want to speak to 11 C as well? MR. WATKINS : Yes. Page 104 June 26, 2012 MR. MITCHELL: Okay, thank you. Sir, that was your last speaker. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Henning, seconded by -- COMMISSIONER COLETTA: Me. CHAIRMAN COYLE: -- Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. Item #1 I C RECOMMENDATION TO APPROVE AWARD OF CONTRACT #11-5772 FOR COLLIER COUNTY 2013 -14 BEACH RENOURISHMENT PROJECT DESIGN ENGINEERING AND PERMITTING SERVICES FOR RENOURISHMENT OF BAREFOOT, VANDERBILT, CLAM PASS, PARK SHORE AND NAPLES BEACHES TO COASTAL PLANNING AND ENGINEERING IN THE AMOUNT OF $848,554 AND AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD COUNTY ATTORNEY APPROVED CONTRACT — MOTION TO FOLLOW STAFF'S DIRECTION AND ALLOW STAFF TO USE RESOURCES AS NEEDED — APPROVED MR. OCHS: Commissioners, that takes you to your next time - certain hearing. It's 11 C. It's a recommendation to approve Page 105 June 26, 2012 award of Contract 11 -5772 from Collier County 2013/'14 beach renourishment project design, engineering, and permitting services for renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore, and Naples beaches to Coastal Planning and Engineering in the amount of $848,554 and authorize the chairman to sign the standard County Attorney approved contract. Mr. McAlpin will present. MR. McALPIN: Thank you, Mr. -- thank you, County Manager. This contract is for the scope of work that's required to execute the next major beach renourishment for Vanderbilt, Naples, Park Shore, Barefoot, and Clam Pass. It includes the Coastal Engineering component, the design, bathymetric survey or the below -water survey, land survey, the marine geology, biology, and the modeling. It's based on a 10 -year renourishment design, and it -- it's also based on minor and major permit modifications to the existing permit. Coastal Planning and Engineer will work with us to develop renourishment options. They'll work with us to develop cost options, cost - sharing opportunities with the contractor, and funding support from the regulatory agencies. When I talk about regulatory agencies, I'm talking about FDEP and FEMA. The engineer for the 10 -year design will be $848,000. There are contingency tasks, and that -- you could see that's been broken down into two phases. There we go. You can see that we're broken down into two phases of the $848,000. The first phase is the design and the investigation phase for 848,000, and Phase 2 is the preconstruction and bidding phase. We have included contingency tasks in here. Contingency tasks are items the agencies have told us that we have to do. We, however, think that we can negotiate those tasks with the agencies, and it's our hope that in negotiating those tasks, these activities will go away. The contingency tasks that we're talking about is central fish habitat, the borrow area site survey, the cultural resources survey for Page 106 June 26, 2012 the pipelines, the survey and processing for erosion - control lines, and the jetty spur. So we think that if we can work with the agencies, these items -- these contingency items could potentially be a savings, but we are looking at including it in the design at this point in time because it is a requirement. The cost for -- there's been a number of discussions relative, well, what is the cost for the 10 -year design versus what is the cost for -- to duplicate the 2005/2006 design. So you could say we've broken it down into the same phase, as Phase 1 being the design tasks for $413,000; Phase 2 being the preconstruction and contingency tasks for 247,000 or 660,000. So there would be a reduction of $180,000. If you -- if you elected just to go with the 2005/2006 scope, which is what we are not recommending, what that -- what the -- what the 10 -year design will buy you -- what the 10 -year design will buy you will be the Clam Pass Park work, the renourishment at Clam Pass Park, the Barefoot Beach renourishment, four years of additional life being higher and wider, improvements to the hot spots design, and structural modifications. When we look at -- when we look at this design, when we look at the six -year design, the $88,000 (sic), a lot of times when you say, well, how -- why is it only $188,000 when you're actually going from a six -year design to a four -year -- to a 10 -year design where those four additional years would only costs you $188,000 in design tests. Well, when we go for a lease of our sand sources, that activity probably, in terms of cost, would cost us $100,000. But if we have one cubic yard or a million cubic yards, we still have to incur the same cost, basically, for the sand source. So there's a number of items that are significant in terms of scope, but in terms of engineering, we have to do it for either one of the tasks. We -- working on this item, we're -- our plan is to bring back to the BCC early in the winter 2013, and we're looking at Page 107 June 26, 2012 January/February options and costs to finalize the specific design. At that point in time, we would know our partners, we would know if any other communities would be willing to cooperate with us in an interlocal agreement and combine projects for cost savings. We would have the project bid, and we would know what the costs for the options would be. We could identify what the savings -- what we could expect, because we have gone through the bidding at that point. And we should at that point in time know what additional funding we would receive from DEP or FEMA. We would expect that after we begin the design, we're looking at at least six months after we initiate that for -- to achieve our minor permit modifications; nine month, not six months, to achieve our sand lease; and six months additional for the major permit modifications. So we would expect that we would be ready to come back to you with a firm design and options for us to look at in January and February of the -- of the -- of 2013. So with that, we would -- the earliest we would begin construction would be 9/15/09 (sic), and the latest we could finish up construction would be 6/1/14. Now you say, how could I -- how could I speed this activity up? Well, where -- with our minor permit modifications -- with the permit modifications we have to get, it will take us six months. One month after -- six months after we initiate the activity, we're a total timeline of seven months; that would put us sometime in the January/February period. January and February we would then have to initiate a contract and get a contractor onboard. And then we're timed out on May 1 st because we're getting to turtle nesting season. So if we can't get any work done between -- between, say, February/March -- and we certainly could not complete the project between February, March, and May Ist, we're timing out because of turtle nesting season -- then we have to come back, and June 26, 2012 that's when we would come back in September '13 to begin the proj ect. So we've looked at this from a couple of different ways, and we would -- we would love to be able to work with anybody to come up with a better schedule for this. We've tried to work with the Conservancy and the rest of the -- with the permitting and the agencies on what we're doing here, but we think, realistically, turtle nesting season is going to prevent us from moving forward in another cycle. This has been approved by the CAC and the TDC. And time is of the essence. We need to -- everybody has said that with Tropical Storm Debby coming through -- and you look at our beaches. Our beaches have been beat up. We won't know the significant impact to the beaches probably until the gulf calms down in a couple of -- in a week or so. But we need to move forward, and we need to move forward with this authorizing a contract to move forward today. Chairman Sorey is here for the -- the chairman of the Coastal Advisory Committee. Do you have anything to add? MAYOR SOREY: Just a couple real quick things. I'm primarily here to answer any questions you have. And we did discuss the other sand source at the CAC and basically gave the same information. I do want to touch base just quickly on the $188,000, because Mr. McAlpin talked about that, but I'm not sure that he was as explicit as possible. But the difference between the two -year -- the 10 -year plan and the six -year plan, just for the beach portion -- if we exclude the jetty, Doctors Pass, those sort of things, it's only 20- -- 10- to $20,000. We worked on it during lunch and tried to term what that differential is. So as Mr. McAlpin said, it requires a permit, like the sand source. It's not really any different whether it's a six -year project. So there's very little difference. Most of the $188,000 is for permitting like the jetty at Doctors Pass and that sort of thing. But I would emphasize that every day we wait makes it more Page 109 June 26, 2012 difficult to get this accomplished. And the Coastal Advisory Committee recommends that we proceed on the contract. Thank you. And I'll be available for any questions. CHAIRMAN COYLE: How many public speakers do we have? MR. MITCHELL: Sir, we've six speakers. CHAIRMAN COYLE: Okay. Let's call the first speaker. MR. MITCHELL: The first speaker is Bob Krasowski, and he has six minutes. MR. KRASOWSKI: Hello again. Bob Krasowski. As I mentioned earlier, the investigation of the Cape Romano sand source could be accomplished with either contractor. The -- it seemed to be best under the heading of the Marco project, but I can understand why it might not be the case as long as you do it under the Naples project. I wasn't suggesting that we changed anything about the Marco project as far as using Cape -- the Caxambas Pass sand, and -- but I was thinking a blend of the two. But I think that maybe if we -- we could still use the FEMA monies for the placement of sand and a partial payment of mobilization if we -- for the other project. But I'm still convinced that if somehow we can use the opportunity -- window of opportunity in the '12/13 13 period using Cape Romano Florida state sand that requires less complexity in its permits that this would be the way to go. So -- but I've said it. It's on record. It will be in the minutes, so -- way down the line. Also I wanted to mention that in this -- this workload you're giving this contractor, that you're going to be going for what they call a minor -- there will also be a major permit modification which would allow for the encroachment into turtle nesting season, which in -- the way I see things, is unnecessary. So that will be an issue that we will follow with the DEP, with the Army Corps of Engineers, with the Bureau of Sand and other Page 110 June 26, 2012 people that they -- that are responsible federally for the -- for the turtles in the water. They're all broken up into different parts. Yeah. So -- there's that. There was one other thing -- and I'm having a chemo moment. The -- I guess that's it. I can't remember what the heck I was going to say on that point. But, once again, I appeal to you to include in the workload the investigation. I know Gary's volunteered to come back. Maybe that's the best I can expect to get given your relationship with the staff and all of that stuff and the way things go. But I'll be anxious and interested to hear what he brings forward in the future as far as Cape Romano sand use. But we're still going to be looking for opportunities to get this done sooner than later. There are millions of dollars of property in next year's tourism. There's going to be plenty of little strips of beaches, and you're still going to be, you know, dragging on this project, I think, just to accommodate a larger -scale thing, which is -- isn't right in my mind. But I appreciate your attention to my comments. MR. MITCHELL: The next speaker is Rollin Rhea, and he'll be followed by Kathleen Robbins. MR. RHEA: I would prefer that Kathy speak first, and I follow Kathy, if that's okay with you. MR. MITCHELL: So the next speaker is Kathleen Robbins. MS. ROBBINS: Good afternoon, Commissioners. My name is Kathleen Robbins, and I'm secretary of the Vanderbilt Beach Residents Association. I'm here to speak on the beach renourishment issue, as you might say, not necessarily to the actual contract that you're considering. But we have some photographs that we took, which I will give you a copy of I don't know who the person to give that to -- okay. They are just a plea for you. I don't know why -- if you have an Page 111 June 26, 2012 open permit, I really don't understand why we can't have some dredging and renourishment done on that permit. We talk -- I heard a lot of talk about turtle nesting season and, frankly, there won't be any turtle nesting season if we don't get some beach, so -- okay. MR. OCHS : Here, sir. MS. ROBBINS: This is -- this is the first photograph taken maybe 2006 vintage, and it shows the beach, a very nice broad expansive beach. This was taken yesterday; same view, okay, and we've lost three of four turtle nests right in our immediate area. This was taken on June 9th at high -tide down near Vanderbilt Beach. This is in front of the Beachmoor. This is approximately the same view taken Sunday. You see, there's no beach left. This one, we think there's about 50 feet of beach left, and this is very near Vanderbilt Beach Park. This one, the beach is gone. So Rollin calls this "Gone with the Wind," okay. It's just not there anymore. We need some help. We really do need some help. I wouldn't say it's an emergency situation yet because, of course, this is a tropical storm we're looking at here. But we can't wait -- we can't wait two years. I don't understand why we have to wait and why can't we do it. Why can't we do it under the current permit? I'm not following that reasoning. Can somebody tell me that? COMMISSIONER HILLER: Actually, can I comment on that? CHAIRMAN COYLE: Go ahead but staff ought to be addressing these issues if there's questions being asked. COMMISSIONER HILLER: Staff, I mean, why don't you answer, and then I want to throw in a comment on that. MR. McALPIN: The permit is -- the permit that's issued from DEP is a single -use permit. It's a 10 -year permit, but it's a single -use permit. Every time the permit is -- you want to use the permit again you have to apply for the permit, and then they make you come into compliance with all the issues that are requiring at that point in time. So for any changes or modifications or minor permit additions, Page 112 June 26, 2012 you've got to go through the permitting process again to update the existing permit. So you could -- they issue it once for a one -time period, and then it's updated. Once you go for the second application under that same permit, you have to update it. There's -- and then you have to bring it up to compliance with the -- with whatever additional regulations that are required at that point in time, and that's what we're into. And so we will at a minimum -- it will take us six months to get the permit, to get the permit updated. MS. ROBBINS: And I say six months from now is fine with us, okay? That would be December 1 st, and we'd be happy if we started December 1 st. COMMISSIONER HILLER: And, Kathy, I want to address that and, Gary, I'd like to address what you said. You know, the point that Kathy makes is absolutely correct. We do have a permit in place. As you pointed out at this meeting and at the last meeting, it would take only six months to put us in a position where we actually could be renourishing these critically eroded beaches. Quite frankly, the only reason I see that you're delaying this Gary -- and, you know, you can tell me if this isn't so -- is because you basically want to enter a joint contract with Captiva and that, in effect, would turn this project, which ought to be much smaller in scope because of the way the numbers are calculated, not as a consequence of any debate over whether it ought to be a 6 -year design template or a 10 -year design template -- would take this, you know inflated $30 million project into a $50 million joint project with Captiva, which is scheduled to start in 2013/'14. And so we're being forced to follow your path and experience in this very significant delay in what is essential renourishment to these critically eroded beaches, and it's completely unjustified. I don't see any reason why what Kathy says can't be done in the time frame that you just described. The concern I have is even more Page 113 June 26, 2012 significant than that, and that is with respect to money. Because the project that you're proposing is so inflated that it will actually exceed the current available funds. And I'd like you to address that from the standpoint that my review of the numbers shows that as of the monitoring report in -- that was just done by Humiston & Moore, completed in 2011. The erosion was only 158,000 -- or let me just round it -- 159,000 cubic yards of sand, and that was the erosion since the 2006 placement of about 607,000 cubic yards of sand. Now, certain beaches are far more critically eroded than others. So, you know, very clearly, there are beaches that need immediate attention, like the one that Kathy is pointing out, which is Vanderbilt Beach where, you know -- which is heavily frequented by the public and by tourists. Coastal Planning and Engineering, in their study, when they extrapolate the numbers to the 2013/'14 year, state that 482,000 cubic yards of sand are needed to renourish to the 6 -year design template when, in fact, if you extrapolate what we know to be the current erosion, it should only be 252,000 cubic yards of sand, suggesting an inflation of about 1.9 times, or just say double to keep it really simple. And then you've got these inlet management plans that you have weighed into this equation, which is complicating the permit unnecessarily and should be treated separately, and you haven't considered the mitigation that will result once these inlet management plans are in place. So, once again, the amount of sand that you're proposing is needed and the financial costs attributable to that is far in excess of what it ought to be. So I am actually left very, very concerned, you know, with what's going on here. We have critically eroded beaches. We have the ability to move on these beaches in six months. You have presented a concept plan which, with the existing 2006 design template, is inflated Page 114 June 26, 2012 by 100 percent. And we're not even going to go near the 10 -year plan. I don't even want to address that because I don't want to debate the plans. So I'm left extremely concerned. You know, what is really going on here? MR. McALPIN: Well, let me address your questions, Commissioner. COMMISSIONER HILLER: I've got the article, by the way. I'm going to enter this into the record, which is -- I actually got this off of Mayor Sorey's website when he was running for election where he talks about the next project will be a 10 -year renourishment, combined value 40 to 50 million dollars and that you're going to be equal partners with a structured bid and contract with CEPD, which is the, you know, Captiva Beach Renourishment District. MR. McALPIN: So let me address your questions, Commissioner. COMMISSIONER HILLER: Sure. MR. McALPIN: The first question you said was relative to us having a partner. And the only reason we would look to have a partner is if we could reduce costs and reduce costs in such a way that we could make the quickest schedule. So there's no incentive for us to delay the schedule whatsoever. And if we in fact can work out a timeline with another municipality at the shortest -- the shortest time for us and it works out with their schedule, then we would go -- then we would execute that. Preliminary results look like we could do that. Relative to the schedule that you've talked about is there's -- we have a minimum of six months for the permit. We also then have to get the sand lease, and the sand lease we expect to take nine months to get. So by the time -- and you have to work with me on the schedule here. So the time -- by the time you're looking that, Commissioner, and bid this project, you're at January or February of next year. And then if you don't have everything complete by turtle nesting season, Page 115 June 26, 2012 then you can't move forward. We will work to minimize the schedule and do it as quickly as we can, and if there's other options that we haven't considered or other ways we can cut costs, we'll be happy to do that. Relative to your discussion about -- about sand quantities and sand placements, Commissioner, we had a discussion about that at the last meeting. I didn't think we were going to have a discussion relative to that again this meeting. But what we have -- I know there's -- we have to educate a number of people on beach quantities. We just can't look at erosion rates. You have to look at your hot spots. We have to look at advanced renourishment that we would put on the beaches if you want it to last either 6 years or 10 years, or whatever. COMMISSIONER HILLER: This does consider that. MR. McALPIN: So I don't believe that the way you're looking at it is correct but I would be happy to work with you. And we have said that we would -- we're going to have a public workshop in October and that we would go through all of the numbers in terms of how we develop our beach numbers in moving forward. COMMISSIONER HILLER: And I -- MR. McALPIN: But the critical -- but the critical -- if you let me just -- COMMISSIONER HILLER: Sure, go ahead. MR. McALPIN: But the critical activity that we have to deal with right now is we have to move forward with a contractor, a consultant to move -- to move forward no matter what we do, and that's what we're asking you to allow us to do today, Commissioners. COMMISSIONER HILLER: Oh, I appreciate what you say, Gary, except there's a problem with that, because the contract is for a 10 -year design, and it's to the engineers that have presented numbers which, from everything I can see, are very inflated. And with respect to your comment about hot spots, this does consider the emergency renourishments that took place from 2006 to Page 116 June 26, 2012 the present. And it does factor the erosion by beach. This is not a global number. This is based on beach -by -beach erosion as well as hot spots. So I do look forward to your workshop to show me reconciliation of these, you know, material differences in quantities for the existing 6 -year design, which are the numbers that you are using to carry forward to the 10 -year design template, suggesting that the 10 -year design template is also very inflated. Coastal Planning is the engineer for the Captiva project as well; are they not? MR. McALPIN: Yes, ma'am, they are. COMMISSIONER HILLER: Okay. And, again, I go back to the fact that what you're asking us to approve here today is a contract for the 10 -year permit design. And, on the other hand, you're telling us that we're not bound to the 10 -year permit design. In effect, by approving this contract, we would be. COMMISSIONER FIALA: Commissioner, could we hear the rest of the speakers -- COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: -- before we interrogate him anymore? MR. MITCHELL: So the next speaker -- Mr. Rhea, are you going to speak? MR. RHEA: Yes. For the record, Rollin Rhea. I live at the Beachmoor Condominiums, which is the condominium complex immediately north of the Ritz - Carlton. And the beach situation in my front yard at mean high -tide seems to be down around 50 feet maximum width. That's prior to this storm. Now, best I can see from out my window, the beach is gone with the wind. Now, I don't know how much Mr. McAlpin has put into his plan to take care of the beaches on Vanderbilt Beach. They are highly, Page 117 June 26, 2012 highly compromised, the hot spots I'm talking about. Very narrow, and you're talking about commercial properties that are some of the highest tax - generating revenues that we have. And if -- it doesn't take long for the Net to tell the United States that the beaches in our community are highly compromised as a result of this storm. And this is only the first of possibly many this year. So I would ask that you give serious consideration to looking into what I understand is the permits that are already in place where we can get some sand in there, and take care of these tourists' needs. If you've got a fire, put the fire out. It's that simple. What we do two years, four years, or 10 years from now is not relative to our immediate need for our quality of life within our respective community and our tourists. Thank you. MR. MITCHELL: The next speaker is Peter Tierney, and he'll have six minutes. COMMISSIONER FIALA: Who is giving up their time for the six minutes? MR. TIERNEY: Mike Watkins is giving me his minutes. Thank you. And my name is Pete Tierney, and I'm from the Vanderbilt Beach Resort in Vanderbilt Beach. And my partner, Mick Moore, is not here today, so he sent me a statement to read to you and to represent -- represent us. We have a picture of -- this was a picture taken yesterday. That's the Naples Beach Hotel. That's from Mike Watkins. Thanks, Mike. Also, Naples Beach Hotel. COMMISSIONER HENNING: Is that the parking lot, Pete? Put that picture back up. Is that the parking lot to the south of the Beach Club? I thought I'd seen a vehicle. No. MR. TIERNEY: No, no. It's just -- it's looking north, actually. That's a little blurry, but that's from the Vanderbilt Beach Resort Page 118 June 26, 2012 where the Turtle Club is. Obviously, yesterday was a pretty bad day for the storm. So, yes, our beaches are in trouble, and we're all very concerned about a 10 -year plan. But I'd like to read a statement from Mick, because he's been in front of this board before on this subject. He's not able to be here today, so I'll read his comments. I've repeatedly urged you to take immediate action to protect the county's most important asset, our beaches, but not by waiting 18 to 20 months to conduct critically needed beach renourishment. The county has a permit that would allow it to renourish our beaches in the same manner as it did in 2006, and county staff has indicated that it would only take about six months to obtain this permit, as we've heard earlier. If the county acted immediately, it seemed likely the renourishment could take place under the existing permit after turtle nesting season ended this year and that it could be finished in early 2013. This renourishment project would add sufficient sand to last for another six years and would come at a price the county could actually afford under its existing budget. Pursuing immediate renourishment is the most prudent course, and it would also give the county sufficient time to begin planning for the next renourishment that would be needed in 2018. And the operational and fiscal merits of a 10 -year renourishment plan could then be given the time and attention that it truly deserves. Instead, the county is poised today to approve a contract that will effectively ensure no renourishment is conducted under the existing permit this year, and the county staff s 10 -year proposed plan is the plan that is pursued by the county. The proposed contract references the 10 -year plan and its scope and calls for CPC to produce a design and alternatives by December for the price of around $400,000. Page 119 June 26, 2012 The proposed scope of work includes starting immediately on permit modifications for inlets such as Doctors Pass, Clam Pass, and Wiggins Pass, that would not necessarily -- would not be necessarily (sic) if the county -- not necessary if the county proceeded under the existing 2006 permit. If the county waits until December to seriously consider proceeding to renourish under the existing permit, it would have spent over $400,000 for design and modifications not needed to proceed with the 2006 renourishment, and it would be too late to conduct renourishment this year or in early 2013. We will be, effectively forced to wait until late 2013/2014. I urge you to ask your staff to proceed with whatever is required to conduct beach renourishment under the existing permit by the end of this year and the start of 2013. You should seriously explore this option right now before signing a costly contract that effectively makes beach renourishment under the proposed 10 -year plan a foregone conclusion. And I know these pictures are taken, you know, at an extreme time this past week with the storm but, as Rollin said, we do have a diminishing beach situation anyway, and you're welcome to come out and see it at any time. These pictures do tell quite a story. But it's a grave concern for us, and we'll hope you consider looking at the existing permit and the cost factors that go along with it. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Well we can either give direction or modify the contract. But I'll tell you we need to renourish these beaches as soon as possible. We're not going to have -- we're not going to have beaches for the upcoming season unless we act now. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Page 120 June 26, 2012 I had mentioned before -- this is, I don't know, a couple meetings ago that we could see that there were a few beaches that desperately needed it, maybe more than others, and I was suggesting that maybe we could get there and fix them now. I don't know that this can be done. I'm not an engineer. You guys would know better than me. But maybe we could fix those beaches now or at least a temporary fix until we can do the whole job right. Maybe that would take two years, but if we could at least -- at least pour some sand on these individual beaches like the Beach Club and Turtle Club and Ritz and so forth to make sure that they have enough to last them until we can do the job right in another year and a half, whenever it's scheduled, maybe that would at least help the cause right now. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I think Commissioner Fiala is absolutely right. It needs to be done immediately. It can't be delayed. Commissioner Henning shared the same sentiment. You heard it from the public. You see it in the pictures. The critically eroded beaches can't wait till 2013/' 14 to do a joint contract with Marco. There's money in the budget to do it. The permit is in place to do it. The contract today should basically be to mobilize under the six -year design template to renourish the critically eroded beaches immediately. COMMISSIONER FIALA: And could I just insert one second? And it won't take but a minute. And, yes, you could pound me on the head if you want to. These are the people that collect the bed tax for us, and their tourists or their guests are the ones that help us renourish the beaches. So I think we have to give that special consideration. CHAIRMAN COYLE: And I think we're all talking to the choir. Is somebody going to make a motion? COMMISSIONER HENNING: I'll make a -- CHAIRMAN COYLE: Commissioner Coletta's next by the way. Page 121 June 26, 2012 COMMISSIONER COLETTA: Yeah. I'll be happy to make the motion, and that -- direct staff to take due consideration what the conversations were here today as far as the order of renourishment goes so that we take care of the part of the beaches where they're most used, where the tourist taxes are generated. CHAIRMAN COYLE: And move as quickly as possible. COMMISSIONER COLETTA: Yes. I include that in my motion. COMMISSIONER HILLER: It's not clear. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I'm not sure if that really addresses it. COMMISSIONER HILLER: Not at all. COMMISSIONER HENNING: Gary, Mr. McAlpin, if you can help us. It's just not about where the hotels are. It's about where people frequent the beaches, and it's about property. If we can use this contract, modify the contract to do a six -year beach renourishment and modify it, instead of saying 2013/2014, say 2012/2013. Can we do this, or do you need to bring something back? MR. McALPIN: We could modify the existing permit that we have right now. The contract is in -- is fine. It's a time - and - material contract, Commissioner. We could move to deal with that. We could -- we could move on the contract today. The issue -- COMMISSIONER HENNING: With modifications? MR. McALPIN: With modifications. So if that's the direction of the Board, we could move on the contract today with modifications. If you direct us to move forward only with a six -year 2005/2006 project, we can do that. That project would still require approximately nine months to get the permit and a lease in place so that we could move forward. That would put us in the January /February time frame. I want -- it's important that the Board understand this. Page 122 June 26, 2012 January/February time frame, March time frame for us to get work done prior to turtle nesting season, we probably -- we could mobilize a piece of equipment. It would be very expensive to do that, to mobilize a piece of equipment, to work on that specific period of time. We could look at those options. We could bring those options back to the board. I'm not saying that that cannot be done, but we certainly could bring those options back to the board to take a look at that, or we could -- and I don't believe that we can -- we -- turtle nesting season, the direction you've given us before is from 6/1 in terms of turtle nesting season. So if you -- we have endeavored to stay out of turtle nesting season with the agreement that we have with the Conservancy, but certainly we could take a look at that. COMMISSIONER HENNING: Well, based upon what you said, I think it's worthy of continuing this item and come back at the second meeting. What I heard is six months, you know, late December, that we can start renourishing, and now what I'm hearing is nine months. So I'm not sure what we can do, Mr. McAlpin -- I'm talking to that gentleman, our staff over here. Would you sit down, please. So I think that we need something more definite, a more realistic goal the Board can consider instead of trying to modify this contract. Would you agree with that? MR. McALPIN: The -- I think we could work it either way, Commissioner. I think -- COMMISSIONER HENNING: We could do it in December? MR. McALPIN: We can do what in December? COMMISSIONER HENNING: Start renourishing in December, late December. MR. McALPIN: I don't think starting renourishing in December is an option. I mean, with our current permit, it's not realistic for us to say that we could start renourishing in December, because we would not have a sand source in place. The sand source will take at least six Page 123 June 26, 2012 to nine months to get in place, the lease on the sand source. And so that -- that is -- that's the issue that -- that's the critical path that we're trying to work right now. We could see whatever is required to expedite that. We have worked with agencies before on an expedited basis, but we need to get the consultant onboard so that we could start to expedite the schedule. So, you know, I would like to move forward with the contract. We could modify the contract moving forward, Commissioner, but we need to move forward. MAYOR SOREY: Mr. Chairman? CHAIRMAN COYLE: Yes, go ahead. Mr. -- Mayor Sorey. MAYOR SOREY: Thank you, Mr. Chairman. Again chairman, for the record, John Sorey, chair of your Coastal Advisory Committee. A consideration -- and we understand, and it's not just these beaches. I was on all the beaches, and Naples beaches look just like this as well. So we've got an abnormal occurrence here. But a possible consideration -- remember, we're only -- and Commissioner Hiller, the other projects are separate permits, so don't get those balled up in this. It's in the cost but it's not in the time frame. So as a consideration if you -- and remember, you and the City Council directed the Coastal Advisory Committee to develop a plan for a 10 -year beach renourishment. And as you heard, we're only talking $10,000 of incremental costs to develop that plan which can be done in the same time frame. So what I would suggest you do is approve this contract and give us directions you want to expedite it as quickly as possible, allow us to do the 10 -year analysis which will provide you also a 6 -year analysis and then as we've talked all along, about scope managing this. But I think the modification should be approve this contract -- but you're not accepting the dates -- and direct us to come back as quick as possible. And one of the things you also directed the Coastal Advisory Committee was to do this the most economical way. Page 124 June 26, 2012 And the reality is, Commissioner Fiala, while I would like to do some emergency beach renourishment, we don't have the resources to do that. If we do that, we're not going to be able to do the other. So if you could consider directing us to move forward with the contract as presented, which will cover both the 10 -year concept, the six -year concept, and then you can make that decision when we come back to you probably in December, maybe earlier, which way you want to go, and give us approval at this time to proceed with the modification being as quickly as possible, which will have some adverse economic impact because of the partnering and some of the other things we were going to do. But we'll bring you back those numbers, and you can scope manage it. But we need to approve the engineering contract today. COMMISSIONER COLETTA: I modify my motion to reflect that. CHAIRMAN COYLE: Just a moment. Gary, would you come back up. I need you to answer some questions. I'd appreciate yes -or -no answers, okay. Is there anything you can do to renourish any of the hot spots during turtle nesting season this year? MR. McALPIN: No. CHAIRMAN COYLE: When is the earliest that you can start renourishing hot spots, places that are badly eroded, following turtle season, turtle nesting season? MR. McALPIN: We have -- we have worked with the Conservancy, and 9/15 would be -- would be the earliest we believe that we could -- of either calendar year that we could start it. That's the critical date for us. It's -- 9/15 would be the earliest we could get on the beaches. CHAIRMAN COYLE: I'm talking about 9/15 this year. Are you talking about 9/15 this year? MR. McALPIN: 9/15 would be the earliest that -- of either -- I'm Page 125 June 26, 2012 talking about 9/15, I believe, of next year if -- because we can't do anything during turtle nesting season unless you tell us to renourish during turtle nesting season. CHAIRMAN COYLE: Okay. And that's because you can't get the permits and contracts? MR. McALPIN: I can't get the permit and I can't get the lease until probably January or February of 2013, okay. Maybe it would be a little bit longer than that. But we don't believe we can get the permit of the lease until January /February 2013. CHAIRMAN COYLE: Is that the fastest timeline that you can imagine? You can't go after another sand source somewhere and get it faster? MR. McALPIN: This will be the fastest sand source that we have, sir. CHAIRMAN COYLE: Okay. So what you're telling the people who have severe erosion on the beaches is, it's tough. You have to wait for a year and three, four months; is that right? MR. McALPIN: That is correct. CHAIRMAN COYLE: Okay. What was the motion again? COMMISSIONER COLETTA: The motion was to follow staff s direction as it was so stated and to allow them the ability to be able to shift the resources as they need or as possible to -- we've been delaying this long enough with discussion meeting after meeting after meeting, then we're shocked by the fact that it's another year out before we can do it. We act today, and if we have to modify it as we get into it, we can do it. But let's just -- let's move on this. There's been numerous people before us. The Coastal Advisory Committee has been working on this for some time. We have heard and given direction several different times, and now is the time to be able to act on this and get it going forward. MAYOR SOREY: And, Mr. Coletta, with the modification that Page 126 June 26, 2012 -- for us to proceed, in all due haste, and if we can reduce this six to nine month's time frame, we will. COMMISSIONER COLETTA: Absolutely. MAYOR SOREY: Okay. CHAIRMAN COYLE: Do you have a second? COMMISSIONER COLETTA: No, I don't. COMMISSIONER FIALA: Yeah, I'll second. CHAIRMAN COYLE: Commissioner Fiala seconds the motion. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Tell me why you don't want to hurry it up. I really want to know. COMMISSIONER HILLER: Let me -- may I speak, Commissioner Coyle? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: Commissioner Fiala would like me to -- CHAIRMAN COYLE: Just disregard Commissioner Fiala's remarks because she didn't have the floor. COMMISSIONER HILLER: Commissioner Fiala just asked, you know, why I don't support what's being presented here today. Well, there are very serious reasons for my not supporting the current contract. We have a very serious situation. We renourished the beaches in 2006. The sand that was placed on the beaches at that time was 607,000 cubic yards. The erosion to date is 159,000 cubic yards. We Page 127 June 26, 2012 have beaches that are critically eroded. It was a 6 -year design template. The reason the beaches are in the horrible state they're in is because the permit should already have been pulled, and that renourishment should already be underway as of right now. We have a huge problem. This 10 -year design is -- from an engineering costing standpoint is significantly more than 20,000 more than the modifi -- or the updating of the 2006 permit. That permit is in place. It would require the biological update, and it would basically require an updated inventory to determine what needs to be placed to bring us back to that 2006 six -year design template. COMMISSIONER FIALA: Well, I'll tell you why I voted for it, because I wanted to get going on it, and with the emphasis on doing whatever we can to speed this process up and get it done faster. COMMISSIONER HILLER: Then we need to give -- but we're not giving that direction. COMMISSIONER HENNING: Right. COMMISSIONER HILLER: We are not giving that direction. The direction we need to give, if we want to get this going, is to modify this contract to give direction to move forward with updating the existing permit that we have to expedite the placement of this sand on the critically eroded beaches as fast as possible. That is not the direction we gave. The direction we gave is to move forward on the 10 -year permit design which will not go into place until 2013 /2014 as a consequence of the desire of staff and Mr. Sorey to engage in this equal - partnered structured bid and contract for what will amount to $50 million with Captiva. This is a huge problem. The tourism industry is going to suffer. Our public beaches that service our community are suffering. This is not the right decision. And again it comes at the expense of the Page 128 June 26, 2012 people, and it will also come at the expense of tax dollars, which we don't have. The proposed budget is 30 million, and what it really ought to be is one half of that. So I can't support this under any circumstances. This is not a prudent decision. CHAIRMAN COYLE: Okay. The motion passes by a vote of 3 -2 with Commissioners Hiller and Henning dissenting. But I want to clarify one issue. Gary, you told me that you know of no way you can do it any faster than September of 2013. Commissioner Hiller says that there is a way you can do it faster. I want your answer to that. MR. McALPIN: I will do that. CHAIRMAN COYLE: Okay. MR. McALPIN: Thank you. CHAIRMAN COYLE: No. What is your answer to that? MR. McALPIN: Well, we will expedite whatever we have to do, Commissioner, to move this as quickly as we can. We'll work it with the agencies. We'll look at the minor permit modifications which are only under 2005/2006 permit. We'll expedite those. We'll expedite the land lease that we have. And that's what we -- what we can do with the agencies right now. And I'll keep the Commission informed. CHAIRMAN COYLE: Okay, very well. Thank you very much. I think we must have a 2 o'clock time - certain; is that right? Is there anybody here for the 2 o'clock time - certain meeting? COMMISSIONER HENNING: What is at 2 o'clock? MR. OCHS: Commissioners, you have a 2 o'clock time - certain. Would you like to proceed? CHAIRMAN COYLE: I think I said that, is there an echo in here? MR. OCHS: Yes, sir. COMMISSIONER FIALA: Mouse in your pocket. CHAIRMAN COYLE: 11D. Page 129 June 26, 2012 Item #1 1 D RECOMMENDATION TO ESTABLISH THE COLLIER COUNTY GOVERNMENT OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT — APPROVED MR. OCHS: Yes. It's a recommendation to establish the Collier County Government office of business and economic development. CHAIRMAN COYLE: It's all yours, County Manager. MR. OCHS: Thank you, Mr. Chairman. Just very briefly, back in -- March 11th, 2010 if we can all think that far back, I participated for the first time as your County Manager in your annual strategic planning workshop. The majority of that workshop was devoted to a discussion by the Board and the community at that time about what could or should county government do to help promote a more sustainable and vibrant local economy. And at the end of that workshop, we all kind of jointly asked ourselves the following question: In that effort for county government to identify what its proper role should be, did we want to lead, did we want to follow, or did we want to get out of the way? And after a couple years of, I think, very good public discussion and debate, some good research projects and analysis and several initiatives by not only the Board of County Commissioners but several organizations in the business and the not - for - profit sector, I think at this particular time I would like to stand shoulder to shoulder with the private sector and local government agencies in our county and also non - for - profits to say it's time to take a leadership role for this county government through the establishment of an office of business and economic development. I won't go into all of the detail that was in your executive summary. You have all the backup. But I think it's important to point out that the comparative counties analysis that was done in Page 130 June 26, 2012 conjunction by the chamber -- Greater Naples Chamber of Commerce and Hodges University revealed that there was no one - size - fits -all when it comes to the structure or governance or staffing of an economic development initiative in a community, but they did identify some best practices and some common themes. And with respect to county governments, those seem to be that we need a strong supportive role by the elected officials in this endeavor and some appointment of a dedicated staff to carry out the strategies and goals and missions of the County Commission and execute that program. With that in mind, I have recommended to you an office headed by a director of business and economic development that would report directly to the County Manager. That director would be supported by two professional positions and an administrative support position. Their primary duties and responsibilities would include working to improve the local business environment to promote high -wage job growth in the community, to support and facilitate local businesses in their efforts to expand and grow, to break down barriers that county government may set up or be perceived to be setting up in the local business community and, obviously, to work both with the private and the nonprofit sectors to collaboratively improve our economy. As part of that, we certainly want to do what we can to kind of capture new business opportunities in addition to assisting current businesses to grow and expand in our community. The annualized estimated operating cost of the new department would be $400,000 annually. That funding is in place in your proposed FYI budget. I will be presenting that budget to you on Thursday of this week. And with that, Commissioners, I would stand ready to answer any questions you have and ask for your endorsement of this recommendation. CHAIRMAN COYLE: How many public speakers do we have, Page 131 June 26, 2012 Ian? MR. MITCHELL: Sir, we have 10 public speakers. CHAIRMAN COYLE: Okay. Commissioners, do you want to wait until after the public speakers -- COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: -- or do you want to speak now? COMMISSIONER HENNING: I just -- real quick. CHAIRMAN COYLE: Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: Leo, you know, I'm supportive of you, not only in this idea; I have the confidence in this idea. The reason -- you committed to me that you're going to go out and search, do a search for the staff and not just a quick appointment. I think that is one of the better ideas that you've had, besides the other ones you've brought forward, to find of best person for our community, and you also committed to me this is not going to be your typical business lunch meeting. These are going to be employees that are going to be doing the best practices for our community in seeking to grow business here in Collier County. So with that, I fully support you. But understand, if the community is not involved, the community in total, not just the business community, but the community in total, in ideas on how to bring businesses to our community, it will fail. And I can't support, in the future, budgeting for such commitment. MR. OCHS: I understand. Thank you. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Let's call the first public speaker. MR. MITCHELL: The first speaker -- and we'll use both podiums, please. The first speaker is Mike Timmerman, and he'll be followed by Bob Murray. MR. TIMMERMAN: Good afternoon, Commissioners. For the record, Mike Timmerman. Page 132 June 26, 2012 I'm here today to talk to you about business and economic development. I'm not here as a representative for anybody. I've lived in the county for 30 years. My family's been here for 60 years. We've done an awful lot in the community to go ahead and develop this community. The need for economic diversity is extremely important. One of the things that we've been given through this great recession is kind of an economic reset. We've been given the opportunity to go ahead and take some of the barriers that we had for economic development down. Some of the things that people -- some of the excuses that we've heard over the years were, you know, our housing price is way too high. We just can't get -- we can't afford to have people there. Now that the recession has come through and we've been able to reset, our price point is much lower. So housing is a much easier facility for people to go ahead and utilize. Our housing is now to the point where we can go ahead and have businesses move to the county and have their employees here. The other thing was roads are just too congested. We can't get around. Through the staff and through your leadership, we now have got capacity on our roads. We're building new roads, we're moving our things out to Ave Maria and Immokalee as well as things we've got in East Naples. The other thing we had was there's not enough land. There's nothing that's really shovel -ready for us to go ahead and move to. Well, we've got communities like City Gate and Ave Maria and things out in Immokalee that are ready. The infrastructure's there. We're ready to go. And the fact that the governor's home is here helps us to kind of get an understanding of what's going on from Collier County. I feel it's extremely important -- and I know I've helped with the chamber and the EDC and anything that I can go ahead and do to help Page 133 June 26, 2012 foster more business development here. It's extremely important that we do that economically as we've got this ability to go ahead and move forward and diversify our economy so we don't have what happened over the last couple of years happen again. I think it's extremely important. I highly applaud and support the County Manager's opinion. And I will be there to help him. As a matter of fact, we had a meeting last week. How can I help, Leo? What can I do? So I'm here to help, and many of us are here to help. And I just want to -- hope that you go through and move forward with this. Thank you. MR. MITCHELL: Mr. Murray will be followed by Michael Wynn. MR. MURRAY: Good afternoon, Commissioners, County Manager. Pardon me. I'm going to suggest -- COMMISSIONER FIALA: Your name, sir? It's me. Bob, what is your name? MR. MURRAY: Oh, my apologies. My name is Bob Murray, and I am the vice president of the East Naples Civic Association, chair of its Economic Development Committee. I'm also a very proud member of the Greater Naples Chamber Board of Commerce -- Chamber of Commerce. I knew something was wrong there. Let me start out by saying that as far as the community is concerned, I can pledge that the East Naples Civic Association will certainly work with our County Manager and with you to make certain that we don't fail. I'd like to propose this analogy. I consider the issue of economic development similar to that of a marriage proposal. The two parties come together, they learn about each other, they believe something is workable between them, a proposal is made and they decide to become a couple. They will operate fine, but there is family involved. And we're Page 134 June 26, 2012 going to, for this analogy, talk about the government as being family. The government is like the father and the mother of the bride in some respects because that's typical where those folks end up paying for the wedding and having a lot to do with the project. And it is here where the proposal for marriage can fail because there was interference or obstacles, disagreement, or the marriage can succeed by facilitation and care and a continuing involvement to make a greater family. And to me, it is as simple as that. Now, I know it is far more complex than that, but it is really as simple as that as well. It is important for our government to not only have someone who can speak to economic development, but it is imperative that person, although even working for the County Manager, has authority to go into the various components of government and determine if there are obstacles that need to be put aside. That will make things happen. The obstacles are the issue and have been all along. And we have in the Board, we have people in our chamber who are very willing to work; the civic associations I am certain, feel the same way. And I pledge, personally, to do what I can, and I want to thank you for the opportunity. COMMISSIONER FIALA: Excellent. MR. MITCHELL: Mr. Wynn will be followed by Edward Morton. MR. WYNN: Good afternoon. My name is Michael Wynn. I'm president of Sunshine Ace Hardware, chair of the Greater Naples Chamber of Commerce. I'm here today to ask for your support for the County Manager's proposal for an office of economic development and business development. We believe that this represents an important opportunity for our community to come together and send a strong message to both those inside and outside the county, and that message should be that we recognize the important role that businesses play and maintaining the Page 135 June 26, 2012 quality of life that we enjoy here and that we're willing to take the steps necessary to create a culture that embraces businesses and the jobs that they bring. We also want to recognize the growing competition that exists both in Florida and beyond for businesses that would look to come to Collier and for those that are already here contributing to the tax base. Now, the private sector has stepped forward. You created the partnership for Collier's future economy, private funding has been committed, business volunteers are stepping forward and helping with business development, but there's only so much that the private sector can do alone. And with the hiring of this executive director, the business community will have a partner in government that can wear one hat and objectively look at how all the codes, permits, approval procedures can be aligned to provide the best balance for the needs of the county and at the same time look at doing things at a reasonable cost and predictable time frame for investors. Companies thinking of expanding or bringing their innovative technology, some lifesaving to Collier, will have that representative in county government who can help educate them on the value that this community offers. So a strong show of support from you today will reassure the business community that the attitude toward business is, indeed, changing and that the commitment to build a competitive and healthy business climate is alive and well with our county leadership. Thank you. MR. MITCHELL: Mr. Morton will be followed by Michael Reagen. MR. MORTON: Good afternoon. For the record, my name is Edward Morton. I am the past chair of the Chamber of Commerce, currently a member of the Board of Trustees of Florida Gulf Coast, a business owner on 5th Avenue with my partners of Wasmer Schroeder. Page 136 June 26, 2012 We have come through a near -death experience in not only this nation but in our country (sic), and I believe it has given all of us a different and a new perspective on not only life but business life. What we choose to do with that new perspective is entirely up to us. We had conversation here previously about beach renourishment, how critical it is to this community. I would submit that the healthy business community is equally important to renourishment and to renourishing our local economy. For too long we have depended upon the bipolar nature of an overly dependent economy on tourism, business development, construction. We must change that. So how we work together is critical. And in that regard, the ability of private enterprise, which is the essence and the source of economic growth, private enterprise, which is the source of jobs and dignity for people, by working in partnership with the county, we can evolve a culture within Collier County that says to one and all, Collier County is and remains open for business. How that message is delivered and how that message is received is critical. Unanimous support, I believe, is important as is the support of the entire business community behind the initiative that's been put forth by your County Manager. In that regard, speaking for myself as a business owner, as someone who has spent their entire adult life here in Collier County, I, and we, fully endorse the County Manager's proposal for a public /private partnership for the economic and business development of this community. Thank you very much. MR. MITCHELL: Mr. Reagen will be followed by Clark Hill. MR. REAGEN: Mr. Chairman and Commissioners, I'm -- for the record, I'm Mike Reagen with the Chamber of Commerce. May I do something for a moment? Ladies and gentlemen, all of you who are here to support this measure, would you please stand up for a moment, please. Page 137 June 26, 2012 Thank you very much. COMMISSIONER FIALA: We should have the photographer here. MR. REAGEN: Mr. Chairman, we've tried very, very hard in the past several years, particularly in the last six months, to move forward. We have local businesses that we need to support. We need to grow our own markets that we have here. Clearly, we need to continue to retain businesses that we have. We need to focus on reverse investment wherever we can, having people invest in the community. And, obviously, down the road in the character that fits our community, we've got to do everything we can to encourage new businesses to come here. We think that the -- we have complete confidence in Mr. Ochs. We think he's an outstanding public administrator. I've had some experience in my life, 30 years; I know what I'm talking about, and he's good. We respect him. We think he'll do an excellent job for you. This is a good step forward to help coordinate some activities that are appropriate already in county government to work with all of us and others, as well as our neighbors in the region, and we urge your unanimous support for this today. Thank you. MR. MITCHELL: Mr. Hill will be followed by Mayor Sorey. MR. HILL: Good afternoon. My name is Clark Hill. Thank you very much for having me here today and for listening to this proposal. Today I'm speaking on behalf of the Collier County Hotel and Tourism Alliance. We represent the tourism industry in Collier County, and we wholeheartedly support Mr. Ochs and the proposal to bring the economic development arm of our county to county government. Since I've been in Collier County, I haven't seen such a group of diverse businesses, organizations, and people come together and agree Page 138 June 26, 2012 on a single topic like I have this. It makes a lot of sense. The County Manager has considerable support on this, certainly from the entire business community and certainly from the hospitality community. We're here to offer our assistance any way we can, and I ask that we, as Mr. Morton said, have unanimous support on this. Thank you. MR. MITCHELL: Sir, Mayor Sorey will be your last speaker. MAYOR SOREY: John Sorey, Mayor of the City of Naples, and I just wanted to be here to echo what you've already heard, that the City of Naples is supportive of this concept in working with you and the County Manager to make this happen. All of you know that there's been times in the past where residents of the City of Naples were not very happy about economic growth and economic diversification, but it's amazing what a little economic downturn will do for that. I don't get that very much anymore. So the main thing that I wanted to do was let you know the City of Naples is committed to doing everything we can to support the County Manager on this initiative, and also we'd request unanimous support. Thank you. CHAIRMAN COYLE: Thank you. Okay. Does anybody have a motion? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta (sic). I think it was seconded by Commissioner Henning (sic). Okay. Any discussion? Does anybody feel compelled to talk about this? (No response.) Page 139 June 26, 2012 CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: You got your unanimous approval. (Applause.) COMMISSIONER HENNING: Good job, Leo. COMMISSIONER HILLER: I would like to say one thing. CHAIRMAN COYLE: We're going to take a break now. COMMISSIONER HILLER: I'd like to say one thing. CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: I think it's really commendable that so many business owners in the community came out in support of this today. And I would like to thank you -all for working so closely with government to making our community economically successful. I support what Commissioner Henning said. He's absolutely right, this has to be a partnership. We have to work together to do the best we can for the community. So thank you so much for being here and taking time away from your business. CHAIRMAN COYLE: Thank you. We're going to take a 10- minute break for the court reporter, and then we'll be back here at 2:48. (A brief recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is back in session. Page 140 June 26, 2012 Item #9A ORDINANCE 2012 -26: PUDA- PL20110001497; BENT CREEK PRESERVE RPUD -- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 95 1) AND IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE — ADOPTED MR. OCHS: Commissioners, this takes us to your advertised public hearings, Item 9A on your agenda. Just a reminder, Commissioners, Item 9A will be heard in conjunction with Item I IF, which is a companion item and as the DCA that's related to this PUD amendment. 9A, item -- excuse me. 9A requires that ex parte disclosure be provided by commission members. All participants are required to be sworn in. Page 141 June 26, 2012 It's a recommendation to consider PUDA- PL20110001497, Bent Creek Preserve RPUD, an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes residential planned unit development which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard and Immokalee Road in Section 26, Township 48 south, Range 26 east, Collier County, Florida, consisting of 138.4 plus -or -minus acres; providing for the repeal of Ordinance 06 -62, the Summit Lakes RPUD; and by providing an effective date. County Attorney, do I need to read the companion item also at this point, or do you want to take them sequentially? MR. KLATZKOW: I would take it sequentially. MR. OCHS: Okay. CHAIRMAN COYLE: But they both will be heard before we vote on the first one. MR. OCHS : Thank you, sir; that's correct. CHAIRMAN COYLE: Okay. Will all the people who are going to provide testimony in this petition, please stand to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay. Ex parte disclosure by commissioners. We'll start with Commissioner Hiller. COMMISSIONER HILLER: I reviewed the staff report, and I also had communication with Bruce Anderson and Nick Casalanguida. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I also reviewed the staff report, and I also spoke with Bruce Anderson. Page 142 June 26, 2012 CHAIRMAN COYLE: And I reviewed the staff report, and I met with Bruce Anderson. Commissioner Coletta? COMMISSIONER COLETTA: I don't think I'm going to be much different, but let's give it a try. I reviewed the staff report -- CHAIRMAN COYLE: Bet you can't say it like I did. COMMISSIONER COLETTA: -- and I had a phone meeting with Bruce Anderson yesterday. CHAIRMAN COYLE: A phone meeting? COMMISSIONER COLETTA: Phone. CHAIRMAN COYLE: Oh, phone conversation, okay. All right. Commissioner Henning? COMMISSIONER HENNING: I received a Planning Commission report and spoke to staff. CHAIRMAN COYLE: Okay. Thank you. MR. ANDERSON: Good afternoon, Mr. Chairman, Commissioners. My name is Bruce Anderson from the Roetzel & Andress law firm here on behalf of Centerline Homes, the property owner and developer. I want to introduce two of my clients with me today; Rob Stiegele is the executive vice president of Centerline Homes; and Jonathan Keith, vice president of land acquisition and development. I'll be very brief. This proposal reduces the density of an existing PUD from 968 to 450. It deletes all references and density bonuses associated with the provision of affordable housing. I have additional details if you want to go through them but, otherwise, this would have qualified for your summary agenda but for the developer agreement that Mr. Casalanguida is going to talk to you about. CHAIRMAN COYLE: Okay. Thank you. COMMISSIONER FIALA: Motion to approve. Page 143 June 26, 2012 COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Well, Nick has to get this on record, I think, but we have a motion to approve by Commissioner Fiala, second by Commissioner Coletta. Go ahead, Nick. MR. CASALANGUIDA: I won't take victory out of the jaws of defeat, right; how does that go? For the record, Nick Casalanguida. I just want to thank Attorney Klatzkow and George's team. They worked hard with public utilities. And we'd like to welcome Centerline Homes to Collier County and let them know that we're open for business and work with them. The agreement is pretty straightforward. If I -- unless I have questions from the commission, I'm not going to belabor the item. So -- very good. CHAIRMAN COYLE: Okay. That's all you need to say, right? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: It's snatch defeat from jaws of victory. MR. CASALANGUIDA: Yeah, I know. CHAIRMAN COYLE: That's it. MR. CASALANGUIDA: It goes backwards sometimes, yeah. CHAIRMAN COYLE: Public speakers? MR. MITCHELL: We have one speaker; Burt Saunders. MR. SAUNDERS: I like what you just said, so I'm going to sit down. CHAIRMAN COYLE: Okay. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: All right. All in favor of the motion, please -- MR. KLATZKOW: Before we vote, there's a companion item. You may want to hear that. CHAIRMAN COYLE: Oh, that's true. We want to hear -- COMMISSIONER FIALA: Don't we have to vote on this first? Page 144 June 26, 2012 CHAIRMAN COYLE: No. 11 F. No, we need to hear 11 F, and then we will vote this item. Item #1 I F RECOMMENDATION TO APPROVE THE TERMINATION OF A DEVELOPER CONTRIBUTION AGREEMENT (DCA) BETWEEN COLLIER COUNTY ( "COUNTY") AND WATERWAYS JOINT VENTURE V AND APPROVE A NEW DCA BETWEEN THE COUNTY, BENT CREEK PRESERVE, LLC ( "BENT CREEK "), CALUSA PINES GOLF CLUB, LLC ( "CALUSA ") AND WELLS FARGO BANK, N.A. ( "BANK ") TO FUND, DESIGN, PERMIT, AND CONSTRUCT A PORTION OF WOODCREST DRIVE FROM IMMOKALEE ROAD TO ACREMAKER ROAD — APPROVED MR. OCHS: Yes, sir. That's a recommendation to approve the termination of a developer contribution agreement between Collier County and Waterways Joint Venture V and approve a new DCA between the county, Bent Creek Preserve, LLC, Calusa Pines Golf Club, LLC, and Wells Fargo Bank to fund, design, permit, and construct a portion of Woodcrest Drive from Immokalee Road to Acremaker Road. Mr. Casalanguida? MR. CASALANGUIDA: That's it, sir. Unless you want to answer some -- have me answer some questions. I can take you through the document, but I think -- COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Coletta and a second by Commissioner Fiala for 11F. Now, let's go to 9A. We had a motion there. All in favor of the Page 145 June 26, 2012 motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: 9F passes unanimously. Now, for 11 F -- 9A passes unanimously. 11F, all in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER FIALA: Looks like everybody made a trip down here for a very short stay, huh? CHAIRMAN COYLE: Okay. Good luck to you. Thank you. MR. STIEGELE: Thank you. Item #14B3 RECOMMENDATION THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AND EXECUTE AN IMPACT FEE ASSISTANCE GRANT AGREEMENT BETWEEN THE CRA AND A GRANT APPLICANT IN THE BAYSHORE GATEWAY TRIANGLE AREA (2654 BAYVIEW DRIVE, $7,063.31) — APPROVED Page 146 June 26, 2012 MR. OCHS: Commissioners, that takes you to Item 14 on your agenda, Community Redevelopment Agency. I think we'll take the add -on item first, if that's okay, Mr. Chairman. We had an item -- not an add -on -- a move from your CRA consent agenda to become 14B3 on your agenda this afternoon. It's a recommendation for the Community Redevelopment Agency to approve and execute an impact -fee assistance grant agreement between the CRA and a grant applicant within the Bayshore /Gateway Triangle area located at 2654 Bayview Drive. CHAIRMAN FIALA: Which number was that, Leo? MR. OCHS: This is Item -- COMMISSIONER COYLE: 14B3. MR. OCHS: -- 14133 was previously 16137, ma'am, on your consent agenda. Mr. Jackson will present. MR. JACKSON: David Jackson, executive director of the Bayshore /Gateway Triangle Redevelopment Agency. This item was put on consent initially. It had a couple of errors in it, so we pulled it off and corrected the errors, and it should have been submitted to you as part of an addendum. And we brought it on the regular agenda so we could address it. Specifically, all the data in there was correct but there was an address that was left in -- because this is pretty much a boilerplate form that we have in executive summary. There was an address of 2905 Davis Boulevard with the correct amount of funds, but it -- the address should be 2654 Bayview Avenue. This is the first impact- fee - assistance grant that we've ever given, and it is for a home to be built on a lot that has never had a house on it before. And the people asked for this impact -fee assistance because it is what will make them able to build the house. So we will be putting on a waterfront lot, canal waterfront lot, a Page 147 June 26, 2012 house in the neighborhood of 180- to $220,000, and we will receive the benefit of the tax increment on that. We're looking for a motion and second for a approval. CHAIRMAN FIALA: Will it be an owner - occupied home, David? MR. JACKSON: Yes, ma'am. CHAIRMAN FIALA: Okay. I make a motion to approve. COMMISSIONER COYLE: By Commissioner Fiala. Second by who? I'll -- COMMISSIONER HENNING: Second by the -- COMMISSIONER COYLE: Okay. Second by Commissioner Henning. COMMISSIONER HENNING: Who's the vice chair of the CRA? I'll second it. CHAIRMAN FIALA: Oh, I forgot. I'm supposed to be -- COMMISSIONER COYLE: You're supposed to be doing this. I'm sorry. There you go. Well, anyway you've got a motion. CHAIRMAN FIALA: I'm calling the CRA meeting to order. COMMISSIONER COYLE: Yes. And you've got a motion and a second. I think -- did you second it, Commissioner Henning? COMMISSIONER HENNING: I did. COMMISSIONER COYLE: You did, okay. CHAIRMAN FIALA: And you had your light on? COMMISSIONER COYLE: He did. Yes, he did. I didn't call -- COMMISSIONER HENNING: Yeah, turn it off. CHAIRMAN FIALA: Okay, fine. Commissioner Hiller? COMMISSIONER HILLER: So if I understand, the CRA is going to pay the impact -fee fund the $7,063 in impact fees? MR. JACKSON: We will reimburse the owner upon CO of the house. We do not pay in advance. We wait for the house to be built. June 26, 2012 All payments -- all payments will be made. Impact fees -- they get a voucher from the impact -fee office that it's been paid, and they have a CO for the house, and then we reimburse them through the Clerk of Clerks. COMMISSIONER HILLER: Are there any public speakers on this? MR. MITCHELL: No, Commissioner. CHAIRMAN FIALA: I know I'm a little biased, but I'll jump in here and say all of these grants that you have given people for a business or for homes have made such an improvement in the appearance of that area. It's amazing. You know, you don't think -- when you see just one here and one here, you don't realize what a difference it makes. But when you drive down there, it's just really an eye- opener, and I just want to congratulate you on all the good work you've done. Thank you. MR. JACKSON: Yes, ma'am. And just to add, this is the third new - construction home that we'll have started this year. They're all owner - occupied construction projects. CHAIRMAN FIALA: Thank you. Okay. I have a motion and a second. All in favor, signify by saying aye. COMMISSIONER HILLER: (No verbal response.) CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, by like sign. (No response.) CHAIRMAN FIALA: Very good. Passes unanimously. The CRA meeting -- MR. OCHS: No. You still have -- Page 149 June 26, 2012 CHAIRMAN FIALA: Is there any more? MR. OCHS: -- one more item, yes, ma'am. Item #I 4B 1 RECOMMENDATION THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) ACCEPT AND APPROVE A BAYSHORE GATEWAY TRIANGLE CRA EXECUTIVE DIRECTOR TERMINATION AND SETTLEMENT AGREEMENT AND AUTHORIZE THE CRA CHAIRMAN TO SIGN — APPROVED You have one more item and that is Item 14B 1. It's a recommendation that the Collier County Community Redevelopment Agency accept and approve a Bayshore /Gateway Triangle CRA executive director termination and settlement agreement and authorize the CRA chairman to sign. CHAIRMAN FIALA: Okay. Any discussion on this, Board members? COMMISSIONER COYLE: Motion to approve. CHAIRMAN FIALA: I have a motion to approve, and -- COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Second. Any discussion, further discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER HILLER: (No verbal response.) CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, by like sign. Page 150 June 26, 2012 (No response.) CHAIRMAN FIALA: Good. Passes unanimously. Thank you very much. David, it's been great working with you. COMMISSIONER HENNING: Holy crow, 3 o'clock. CHAIRMAN FIALA: And the CRA meeting has ended. Back to you. CHAIRMAN COYLE: There's nothing left for me to do. MR. OCHS: Well, you have Item 15, sir, staff and commission general communications. CHAIRMAN COYLE: Well, that's nothing. COMMISSIONER HENNING: Did we do the north water treatment plant? MR. OCHS: Yes, sir, you did that early this morning, yes. COMMISSIONER HENNING: We did? CHAIRMAN COYLE: Okay. So we've got them all, right? MR. OCHS: Yes, sir. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. We'll start with staff and commission general communications with Commissioner Hiller. COMMISSIONER HILLER: I look forward to the budget meeting on Thursday. Should be fun. CHAIRMAN COYLE: Uh -oh, uh -oh. COMMISSIONER HILLER: Especially with Commissioner Coyle there. Now, if he wasn't there, it wouldn't be so much fun. CHAIRMAN COYLE: That's true. COMMISSIONER HILLER: With him there, it would, you know -- Page 151 June 26, 2012 CHAIRMAN COYLE: Maybe I can be excused. COMMISSIONER HILLER: I would make that motion at every meeting. CHAIRMAN COYLE: I'll second it. COMMISSIONER HILLER: Hey, you know, Oregon is looking really attractive in the summer? CHAIRMAN COYLE: What is? COMMISSIONER HILLER: Oregon. CHAIRMAN COYLE: Oh, is it really? COMMISSIONER HILLER: Yeah, it's beautiful out there. CHAIRMAN COYLE: I wish I could experience it. COMMISSIONER HILLER: I wish you could, too. I'm just kidding. CHAIRMAN COYLE: Okay. You finished? COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER HILLER: I would miss you. CHAIRMAN COYLE: Yes, I'm sure. COMMISSIONER FIALA: No. CHAIRMAN COYLE: Nothing? COMMISSIONER FIALA: It's kind of nice. Now we can start digging into all the backlog. CHAIRMAN COYLE: Yes, okay. Okay. I -- no, I don't have anything right now. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Yes, I do have one thing. This Saturday at 10 o'clock we're going to have a ribbon cutting for the opening of the lake, Big Jim Bass Lake up in Corkscrew, Corkscrew Island Regional Park. This is big, because we've been -- we've had this 90 -acre lake in our inventory for six, seven years, and we finally gained an access to it. Now, it's a walk -in access. It will accommodate about three or Page 152 June 26, 2012 four cars at one time to park along the road. When they go in, they have to -- they do have canoes back there for people to use. People can access these canoes by signing them out from the cooperative -- excuse me -- from the agriculture extension building on Immokalee Road by the fairgrounds. We're going to have the ribbon cutting at 10 o'clock. I hope anyone that has an interest in very good bass fishing will show up and see what it's all about and -- looking very much forward to it. It's been a long time coming. Thank you very much to staff for making it all possible. CHAIRMAN COYLE: Let me get to Commissioner Henning first. COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: And then we'll come back to you. Commissioner Henning, go ahead. COMMISSIONER HENNING: Thank you. Today's been very pleasurable; I appreciate the cooperation from my colleagues. I do have a question of staff. In talking to Nick, he knows these questions are coming. We're reading in the Naples Daily News about these 10,000 properties, an article, a result from -- is it from the Tomasello study that these 10,000 properties came out? MR. CASALANGUIDA: No. It's actually -- it's part of the FEMA update. I was reading the press release that you sent me. It's the first time I saw it and took a look at it. COMMISSIONER FIALA: I haven't seen it. MR. CASALANGUIDA: Apparently they're referencing a LOMA, Letter of Map Amendment, and the Commissioner forwarded it to me. FEMA is going to allow full -panel amendments. Now, I've never heard of a full -panel amendment before. So I sent an email to staff and said, please explain what a full -panel amendment is. I've done single lot map amendments, and I've done neighborhoods, but a Page 153 June 26, 2012 full -panel amendment's a little bit different. Just to clarify. And, Commissioner, please stop me anytime you wish to ask the question. But we've got a couple basins that we updated in our map. And we've talked to Tomasello as recently as a couple -- a week or so ago, and he said, in about another month or two he'll have three more basins done. Where I'll need assistance from the commission is getting a letter to FEMA to say accept those three basins in segments. Don't wait till they're all done, because that will take us another 18 months that we talked about. But I'll probably have to clarify, Commissioner, what a full -panel amendment is. COMMISSIONER HENNING: Yeah, I think that's important -- MR. CASALANGUIDA: I do. COMMISSIONER HENNING: -- that we understand and also the public understands. Like I explained to Nick, looking at the addresses, a part of those 10,000 communities that have been built recently or at a flood elevation of 15 feet or above, some of those are in an X, and then right across the street there is an AH. So, I mean, it's very confusing. If they're saying they're doing a global thing, that will be great. When is the schedule for Mr. Tomasello's basin study to be done? MR. CASALANGUIDA: We have about 18,1 would say, to 24 months before they're all done. Again -- and this is important for the viewer's at home. We're going to get three more basins completed, and we're looking, obviously, for the most contiguous basins to the ones we've done so that they'll match properly. That will be done in about August, is what I'm told, August /September, maybe even a little bit sooner. What the challenge staff will have is we'll have to request a letter from the board to FEMA to say, please accept a map amendment in Page 154 June 26, 2012 phases. Because, again, as I -- I want to make sure people understand, you can do a Letter of Map Amendment at anytime. The cost to FEMA is zero. Obviously, you have to pay a surveyor to do it. That's for a LOMA. Now, if you're on a coastal boundary, you have to do what's a little more detailed, and I think that's what Commissioner Hiller was referencing, which was expensive. COMMISSIONER HILLER: Right. MR. CASALANGUIDA: You're doing a coastal model analysis, that can be several thousand dollars. So if a homeowner is in a map that's incorrect, when we say -- or less accurate compared to the new data, they can file a LOMA or LOMAR with FEMA at no charge other than your cost to hire a surveyor. We have put on, at the direction of the County Manager, some additional job bank staff. We've been fielding a lot of phone calls, and I must tell you, we're doing this -- and I think our staff s doing a real good job at helping the folks come in, sit down with us. We give them copies of the maps. We actually look up their home for them. So for the people that are watching, please come to our offices and go to the website we have on that references FEMA at our home page, and we will assist you. COMMISSIONER HENNING: Now, does this new study area include Marco Island and Everglades City also? MR. CASALANGUIDA: They will include all of Collier County when we're done. COMMISSIONER HENNING: Okay. Well, you know, it appears that, from this press release that was done and the information on our website, most of the properties are in Golden Gate Estates. MR. CASALANGUIDA: In terms of the LOMA. COMMISSIONER HENNING: The LOMAR, right. MR. CASALANGUIDA: LOMA. Page 155 June 26, 2012 COMMISSIONER HENNING: LOMA. MR. CASALANGUIDA: LOMAR is in the coast, yes. COMMISSIONER HENNING: LiDAR, LOMA. It's all Greek to me. MR. CASALANGUIDA: That's FEMA. It's a different -- different country sometimes. COMMISSIONER HENNING: Well, I think it's worth a little explanation about the press release and where it came from and what it does. MR. CASALANGUIDA: We can do that. COMMISSIONER HENNING: You know, we have several properties that they're going to be getting flood insurance based upon the information -- MR. CASALANGUIDA: Right. COMMISSIONER HENNING: -- that we provide or maybe FEMA provides, and then we update the maps, and they might find out that they're not in the flood zone, they didn't need the flood insurance costing thousands of dollars per household. Who are they going to point their finger to? MR. CASALANGUIDA: Well, I know which direction I'd point their finger to. It's FEMA. They've been challenging, at best. And I'm not going to make any bones about it. I've been on several conference calls with them, and I'm not having fun with Federal Highway or FEMA lately, so -- but we will assist them the best we can. We'll show them what I would call the least path of resistance to get the maps amended or to choose to buy flood insurance and explain what the consequences are. I've gotten probably six or seven emails the past week thanking us. I think Leo's seen some of the emails that they're thanking staff for the assistance that our staff has given them. We are spending quite a bit of time making sure that folks understand their options so that they make the best choice for them. Page 156 June 26, 2012 And that's all we can do. It is a federal requirement. COMMISSIONER HENNING: Well, these are FEMA maps -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: -- that are saying you're in a flood zone, okay. And then the county, through its consultant, are trying to update those maps to show your property whether it is in a flood zone or not. MR. CASALANGUIDA: That's right. COMMISSIONER HENNING: So if it isn't in a flood zone, I would think the agency would be responsible to that resident that bought insurance. And that's something that we might have to deal with later on. MR. CASALANGUIDA: Yes, sir, I think we will, because it is outside our purview. It's up to FEMA, really. COMMISSIONER HENNING: It is. We're just trying to do the best thing to our residents, but it's costing tens of millions -- millions of dollars to our residents, and that money should come back to Collier County if they're proven wrong. But we can deal with that later on. MR. CASALANGUIDA: We can certainly ask for that. COMMISSIONER HENNING: Right, Jeff? With our -- CHAIRMAN COYLE: We can certainly ask. COMMISSIONER HENNING: -- delegation. CHAIRMAN COYLE: I don't know if they'll give you an answer. MR. KLATZKOW: You can ask, but -- COMMISSIONER HENNING: Well, I think we need to step up and get Congress involved in this one. MR. KLATZKOW: I find the Feds impossible to deal with on every level. They're the most arrogant people I've ever dealt with, whether it's FEMA or if it's Federal Highway or if it's working on preserves or environmental. They're very arrogant. Page 157 June 26, 2012 COMMISSIONER HENNING: Okay. Well -- MR. CASALANGUIDA: I'm biting my tongue. COMMISSIONER HENNING: Yeah, I'm not going to say anything on that either. CHAIRMAN COYLE: Where did the term "full panel" come from? MR. CASALANGUIDA: That's what I just -- I sent the email to staff. I said, there's a press release that's referencing a full -panel amendment. I've done single -lot amendments; I've done area amendments. A full -panel amendment is saying that we're broken down not into basins but panels. And what they're saying is -- so there could be a hundred panels in Collier County. My understanding from what I've read of the Letter of Map Amendments in my experience in the past is a panel amendment is saying, if a whole neighborhood -- I'll use Island Walk as a simple example -- and they have a panel for that and they can prove that that whole neighborhood is new to the map, in other words, it wasn't there in 2003 but is now -- here now, that you'll be able to update the whole panel at one time, and that's what I believe a full -panel amendment is, Mr. Chairman. CHAIRMAN COYLE: Well, for reconnaissance flights a full panel is a distance from Point A to Point B flown in a single flight at a constant altitude. A mosaic is a larger map made up by panels. So I think you're right, that it covers whatever was mapped in a single flight over a single area from Point A to Point B without any turns at a constant altitude, because that gives you consistent information. Other things need adjustment to make them work -- match up in a mosaic, but -- so if -- that's good news if that's what it is. MR. CASALANGUIDA: I think it is good news. I just read the press release, and my understanding of the terminology is good. They will -- instead of doing a lot map amendment which, again, they're M. IV June 26, 2012 going to -- I think FEMA recognizes if I get a neighborhood of a thousand homes, they don't want to see a thousand review applications. I think they're doing it for their own reason as well, because they'd rather get one application for review and say, I'm going to take a whole neighborhood and do the update to the panel, because I'm going to get one thousand individual applications that are going to bog them down. So it's good for them and it's good for the community. So I'm going to do a little more research, and I'll make sure we do a clarification as to what it means and how a neighborhood can apply, and we'll make sure we're very clear with our citizens. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Okay. Commissioner? CHAIRMAN COYLE: I'm sorry, go ahead. COMMISSIONER HENNING: Yeah, just one more thing. Leo -- this has nothing to do with you, Nick. Leo has been working with me on the budget stuff, and -- early on, and I really appreciate that. The -- there's an opportunity to look at other sources for David Lawrence, and Leo's going to look at that and hopefully have some information tomorrow for the board at its budget hearing. CHAIRMAN COYLE: Good. Commissioner Fiala? COMMISSIONER FIALA: Yes. Could you send me a copy of that? I never even saw that about the homes, the 10,000 homes. COMMISSIONER HENNING: The press release? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: Oh, thank you so much. I'd appreciate that. And the other thing -- COMMISSIONER HENNING: How do you spell your name? Page 159 June 26, 2012 CHAIRMAN COYLE: A- 1- a -i -f. COMMISSIONER FIALA: And the other thing I wanted to say, just -- I know we've all talked -- well, we've read about it quite a bit, but we lost a good friend. And I went to the funeral at Stan's the other day, and -- man, he was a good guy, and you never know how many people he's helped. And he even planned his own funeral down to what times to serve what, and how -- what kind of food to serve. Bless his sweet heart. I just wanted to say a special goodbye. Thank you. CHAIRMAN COYLE: Okay. MR. OCHS: Mr. Chairman? CHAIRMAN COYLE: Yes. MR. OCHS: If I might, just two quick items of updates. The first is just to let you know that the Clerk of the Courts has sent his request to the Attorney General for an opinion on his ability to escrow funds for payment of these relocation of underground utilities and burying of underground utility lines. So, you know, I appreciate the Clerk and Ms. Kinzel getting that out and up to the Attorney General. We look forward to a response as soon as we can on that. So hopefully that will give us more guidance and we can move forward most cost efficiently on these relocations with state -- in conjunction with state projects that are upcoming. And the last thing -- and I hate to do this when you're all giddy about being out of here for several weeks. But I need to tell you that when you come back for your meeting on the 24th of July, our good friend Mr. Casalanguida has about 20 fairly direct LDC amendment items that he wants you to deal with. I'm suggesting -- and we checked with Mr. Mitchell on your calendars -- that we might want to set that, Mr. Chairman, for a time - certain to be heard maybe the following day so we don't clog up the rest of your meeting the 24th. You don't have to decide right now, but I wanted to let you know. COMMISSIONER HENNING: That's mini - season. Page 160 June 26, 2012 MR. OCHS: -- in case you want to bug out right after the 24th. COMMISSIONER FIALA: They're all four votes, right? CHAIRMAN COYLE: Is that mating season? COMMISSIONER FIALA: They're supermajority votes on the LDC? MR. OCHS: Yeah. Pardon me? COMMISSIONER FIALA: They're all supermajority votes on the LDC? MR. CASALANGUIDA: Yes, they are, ma'am. MR. OCHS: Adoption hearing. MR. CASALANGUIDA: And then we've broken them down into three. We're bringing you the easier ones first, so -- the ones that have gone through Planning Commission and vetting through committees that have not had much controversy. So we're going to try and make the first round very simple and hopefully not bring you anything that's going to take you a lot of discussion. Everybody's smiling as I say that. MR. OCHS: Just wanted you to know it's coming. That's all I had, sir. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN COYLE: Motion to adjourn by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: We're adjourned. Page 161 June 26, 2012 * * * * Commissioner Hiller moved, seconded by Commissioner Henning and carried unanimously that the following items under the Consent and Summary Agendas be approved and /or adopted * * * * Item # 16A 1 CONTRACT #12 -5880 WITH BONNESS, INC. FOR YAHL STREET ROAD IMPROVEMENTS (FROM PINE RIDGE ROAD TO THE NORTH END) PROJECT NO. 60182 -3 FUNDED BY PINE RIDGE INDUSTRIAL PARK MSTU, IN THE AMOUNT OF $880,552.84 PLUS A TEN (10) PERCENT CONTINGENCY OF $88,055.28 TOTALING $968,608.12 — TO MILL & RESURFACE PAVEMENT, CONSTRUCT PAVED SHOULDERS ON BOTH SIDES OF THE ROAD, FOR DRAINAGE IMPROVEMENTS AND TO RECONSTRUCT ALL EXISTING DRIVEWAYS Item #I 6A2 RESOLUTION 2012 -112: FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ROYAL PALM GOLF ESTATES UNIT ONE WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND THE RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTANCE OF PLAT DEDICATIONS Item #I 6A3 RECORDING THE FINAL PLAT OF REFLECTION LAKES AT NAPLES PHASE 3A, APPLICATION NUMBER PL20120000147, Page 162 June 26, 2012 APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #I 6A4 RECORDING THE FINAL PLAT OF QUARRY PHASE 4, APPLICATION NUMBER PL20110002575, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — SUBDIVISION LOCATED OFF F IMMOKALEE ROAD Item # 16A5 RESOLUTION 2012 -113: CONSTRUCTION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE COLLIER AREA TRANSIT INTERMODAL TRANSFER STATION PROJECT AND RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS (BCC) TO SIGN THE AGREEMENT — FOR A CONNECTION TO THE EXISTING SIDEWALK ON US 41 AT THE COLLIER COUNTY GOVERNMENT CENTER COMPLEX Item # 16A6 THE 2012 ANNUAL PROGRESS REPORT TO THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN AND SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) — DEADLINE FOR SUBMITTAL IS SEPTEMBER 1, 2012 Item #I 6A7 Page 163 June 26, 2012 AN AMENDMENT TO ORDINANCE NUMBER 2011 -21, THE PLANNED UNIT DEVELOPMENT (PUD) TIME LIMITS AND TIME LIMIT EXTENSION REQUIREMENTS FOUND IN SECTION 10.02.13.1) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) — WILL BE REEVALUATED IN MAY, 2013 Item #I 6A8 AGREEMENT BETWEEN BIG CYPRESS GOLF & COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION, INC. AND COLLIER COUNTY PERTAINING TO INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS ON SOLANA ROAD IN SUPPORT OF THE LANDSCAPE BEAUTIFICATION MASTER PLAN — LOCATED OFF OF GOODLETTE ROAD Item #I 6A9 ONE (1) ADOPT -A -ROAD PROGRAM AGREEMENT FOR OLD US 41 FROM COLLIER CENTER WAY NORTH TO THE LEE COUNTY LINE WITH TODD WYATT BONDSMAN 24/7, AND TWO (2) RECOGNITION SIGNS AT THE COST OF $150 Item #16A10 A BUDGET AMENDMENT OF $823,454.74 TO MOVE FUNDS FROM THREE (3) PROJECTS IDENTIFIED IN STORMWATER CAPITAL FUND 325 TO SIX (6) NEW PROJECTS AND ONE ONGOING PROJECT — FOR THE FOLLOWING PROJECTS: #60123, #60119, #60112, #60124, #60102, #60103 AND #51029 Page 164 June 26, 2012 Item # 16A 11 A WORK ORDER FOR GOLDEN GATE STORMWATER IMPROVEMENTS FOR CORONADO PARKWAY AND HUNTER BOULEVARD TO HASKINS, INC. IN THE AMOUNT OF $360,811 PLUS A TEN (10) PERCENT CONTINGENCY OF $36,081.10 TOTALING $396,892.10 (PROJECT NUMBER 51029) — THE ORIGINAL DRAINAGE SYSTEM WAS CONSTRUCTED IN THE 19605S AND HAS EXCEEDED ITS LIFESPAN AND IS ALSO PART OF A LARGER REGIONAL DRAINAGE SYSTEM THAT NEEDS TO BE REPLACED Item #16Al2 A BOAT DOCK EXTENSION (BDE) ZONING FEE REDUCTION REQUEST FOR THE WAHL BOAT DOCK EXTENSION — REDUCTION IS RELATED TO REDUCED STAFF EFFORTS REQUIRED TO REVIEW AND PROCESS THE NEW PETITION Item #16A13 AN INCREASE IN THE AMOUNT OF THE PURCHASE ORDER FOR EQUABLE REAL ESTATE SOLUTIONS, A REAL ESTATE APPRAISAL FIRM, WHICH IS PROVIDING THE COUNTY PRIMARY EXPERT WITNESS SERVICES IN THE PENDING EMINENT DOMAIN VALUATION TRIAL FOR THE CASE STYLED COLLIER COUNTY V. STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, ET AL, PROJECT NO. 60116. (FISCAL IMPACT: NOT TO EXCEED $50,000) — IN CONNECTION WITH SIX - LANING OF IMMOKALEE ROAD AT THE GREENTREE SHOPPING CENTER Page 165 June 26, 2012 Item #16A14 AMENDMENTS TO THE STAFF SERVICES AGREEMENT BY AND BETWEEN THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) BOARD AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS — ADDRESSING PROVISIONS OF SECTION 339.175, FLORIDA STATUTES, AND COMMENTS RECEIVED FROM FHWA, FDOT, COLLIER COUNTY'S GMD AND THE MPO BOARD Item #16A15 THE SHORT -LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP #12-5901 AND ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND ATKINS NORTH AMERICA FOR "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR US41 AND SR/CR 951 INTERSECTION IMPROVEMENTS AND SR 951 -3R IMPROVEMENTS (PROJECT 60116) — FOR IMPROVEMENTS FROM SOUTH OF EAGLE CREEK DRIVE TO NORTH OF TRIANGLE BOULEVARD & RESURFACING, RESTORATION AND REHABILITIATION SOUTH OF FIDDLER'S CREEK PARKWAY TO TOWER ROAD Item #16A16 RESOLUTION 2012 -114: AUTHORIZING THE GROWTH MANAGEMENT'S DIVISION TO ESTABLISH GUIDELINES FOR PLACEMENT OF ADVANCE STREET NAME GUIDE SIGNS ON COLLIER COUNTY ROADWAYS — TO INFORM DRIVERS OF UPCOMING SIGNIFICANT AND INTERSECTING STREETS Page 166 June 26, 2012 Item # 16B 1 RECOGNIZING SUB - RECIPIENT GRANT FUNDING IN THE AMOUNT OF $2,011,955.46 FROM THE COLLIER COUNTY DEPARTMENT OF HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT TO THE IMMOKALEE CRA (FOR DEPOSIT IN CRA GRANT FUND 715) AND ALL NECESSARY BUDGET AMENDMENTS — HUD # 12DB-P5-09-2 1 -0 1 -K3 9 ( IMMOKALEE STORMWATER IMPROVEMENTS) Item #I 6B2 A COMMUNITY DEVELOPMENT SUBRECIPIENT BLOCK GRANT FROM COLLIER COUNTY'S DEPARTMENT OF HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT (HHVS) FOR THE IMMOKALEE CRA IN THE AMOUNT OF $140,000 INTENDED TO FUND PEDESTRIAN CROSSWALK IMPROVEMENTS IN THE IMMOKALEE CENTRAL BUSINESS DISTRICT, AND ALL NECESSARY BUDGET AMENDMENTS — HUD #B- 11 -UC -12 -0016 ( IMMOKALEE CRA- CROSSWALKS) Item #16B3 APPLICATION AND RECIPIENT AGREEMENT FOR THE IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM FOR REIMBURSEMENT OF $16,366.67 FOR FACADE IMPROVEMENTS TO CHEZ NUOS DADOU RESTAURANT LOCATED AT 211 WEST MAIN STREET IN IMMOKALEE, FLORIDA — IMPROVEMENTS INCLUDE NEW CONCRETE BLOCKS, STUCCO, WINDOWS, DOORS, PAINT AND DECORATIVE TRIM /SUNBURST Page 167 June 26, 2012 Item #I 6B4 APPLICATION AND RECIPIENT AGREEMENT FOR THE IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM FOR REIMBURSEMENT OF $2000 FOR FACADE IMPROVEMENTS TO MINERS MARKET LOCATED AT 521 SOUTH FIRST STREET IN IMMOKALEE, FLORIDA, OWNED BY SHADI OF NAPLES, INC. — IMPROVEMENTS TO THE ROOF AND STUCCO FACADE DAMAGED BY A FIRE Item #16B5 CONVEYANCE OF A 15 -FOOT WIDE UTILITY EASEMENT BY THE CRA TO IMMOKALEE WATER AND SEWER DISTRICT ON CRA OWNED PROPERTY DEPICTED ON A LOCATIONAL MAP AND EXHIBIT "A" OF A UTILITY EASEMENT TO ACCOMMODATE AN EXISTING SANITARY SEWER LINE RUNNING THROUGH A PARCEL AND AT A COST NOT TO EXCEED $1,656.50 — FOLIO #00127565101 Item #16B6 — Commissioner Hiller Voted to Deny this Item A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND GRANT APPLICANT IN THE BAYSHORE GATEWAY TRIANGLE AREA (3945 BAYSHORE DRIVE, $10,658.06) — FOR THE INSTALLATION OF HURRICANE IMPACT GLASS, NEW SIGNS, STONE AND FENCE FOR THE SIDE YARD AND REPAIR, SEALCOAT AND STRIPING OF PARKING LOT Item #16B7 — Moved to Item #14B3 (Per Agenda Change Sheet) OEM June 26, 2012 Item #16B8 — Commissioner Hiller Voted to Deny this Item A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND GRANT APPLICANT IN THE BAYSHORE GATEWAY TRIANGLE AREA (2052 DANFORD STREET, $30,000) — IMPROVEMENTS INCLUDE A NEW SLANT ROOF, WINDOWS, DOORS AND PRESSURE WASHING Item # 16C 1 SELECTION COMMITTEE'S RANKING AND TO ENTER INTO NEGOTIATIONS FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 12 -5883, "MASTER PUMPING STATION 312 PROFESSIONAL SERVICES DURING CONSTRUCTION", PROJECT NO. 72549, WITH AGNOLI, BARBER, & BRUNDAGE — TO ENSURE PROPER ADHERENCE TO THE CONTRACT Item #16C2 WORK ORDER UNDER RFQ #08- 5011 -62 IN THE AMOUNT OF $2585218.13 TO QUALITY ENTERPRISES USA, INC., FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REACTOR TANK REHABILITATION PROJECT NO. 70034 — REPAIRING EXTERIOR CRACKS TO TANK 2 AND TANK 3 Item #16C3 BUDGET AMENDMENT OF $4001000 TO MOVE FUNDS FROM PROJECT NO. 70087, VANDERBILT DRIVE WATER MAIN REHABILITATION TO PROJECT NO. 70019, CROSS Page 169 June 26, 2012 CONNECTION CONTROL PROGRAM — FUNDS USED TO PURCHASE AND INSTALL BACKFLOW PREVENTION DEVICES AND THE ASSOCIATED PLUMBING HARDWARE Item #16C4 BUDGET AMENDMENT OF $7001000 TO MOVE FUNDS FROM PROJECT NO. 70030, SOUTH REVERSE OSMOSIS WELLFIELD REPAIR TO PROJECT NO. 70010, METER RENEWAL AND REPLACEMENT — TO PUCHASE METERS, METER PARTS AND PLUMBING SUPPLIES TO REINSTALL THE METERS Item #16C5 COMMUNICATING SUPPORT FROM THE COLLIER COUNTY WATER -SEWER DISTRICT BY LETTER, UNDER THE SIGNATURE OF THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, FOR THE WATER INFRASTRUCTURE FINANCING INNOVATION ACT TO OUR FEDERAL HOUSE & SENATE REPRESENTATIVES AND TO ENCOURAGE THEM TO SIGN ON AS ORIGINAL CO- SPONSORS OF THE LEGISLATION — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 CONTRACT NO. 12 -58941 IN THE AMOUNT OF $94857879 TO YOUNGQUIST BROTHERS, INC., FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT DEEP INJECTION WELL IW -1 TUBING REPLACEMENT, PROJECT #70088 — TO REPLACING TUBING WITH FIBERGLASS REINFORCED PIPE Page 170 June 26, 2012 Item # 16D 1 RESOLUTION 2012 -115: AN URBAN COUNTY COOPERATION AGREEMENT WITH CITY OF NAPLES; CHAIR TO SIGN THE APPROVING RESOLUTION AND STAFF TO FORWARD SUPPORTING DOCUMENTATION TO U.S. HOUSING AND URBAN DEVELOPMENT (HUD) TO COMPLY WITH HUD' S URBAN COUNTY RE- QUALIFICATION REQUIREMENTS Item #I 6D2 WORK ORDER WITH ATKINS NORTH AMERICAN, INC. FOR PHYSICAL MONITORING UNDER CONTRACT #09- 5262 -CZ FOR A NOT TO EXCEED TIME AND MATERIAL AMOUNT OF $13552001 THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — FOR THE FOLLOWING BEACHES: BAREFOOT BEACH /WIGGINS STATE PARK BEACH, VANDERBILT BEACH, CLAM PASS BEACH, PARK SHORE BEACH, NAPLES BEACH, SOUTH MARCO BEACH AND DOCTORS PASS INLET Item #I 6D3 TIME EXTENSION OF 4 MONTHS FOR CONTRACT #07 -4131 "GORDON RIVER GREENWAY PARK" WITH KIMLEY -HORN & ASSOCIATES, INC. — DUE TO COMMUNITY INPUT IN PRESERVING A STORM WATER POND AT THE ENTRANCE TO THE NAPLES ZOO Item #I 6D4 Page 171 June 26, 2012 ONE (1) SATISFACTION OF MORTGAGE FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) SHORT SALE LOAN REPAYMENT ISSUED TO COLLIER COUNTY — PROPERTY LOCATED AT 660 16TH STREET SE Item #16D5 AMENDMENT NO. 2, CHANGING EXHIBIT A. THE PROJECT SCOPE OF AN EXISTING SUBRECIPIENT AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. TO UTILIZE ALL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR COMPLETED RENOVATIONS AT THE ROBERTS CENTER IN IMMOKALEE, FLORIDA — HUD GRANT #B- 10 -UC -12 -0016 Item # 16D6 INVITATION TO BID (ITB) 12 -5862, NON -BULK CHEMICALS, REAGENTS, AND POOL SUPPLIES FOR PARKS AND REC POOLS WITH COMMERCIAL ENERGY SPECIALIST, INC. (APPROXIMATE ANNUAL EXPENDITURE: $150,000) Item #16D7 WAIVING COMPETITION "AFTER THE FACT" AND AUTHORIZING THE PAYMENT OF INVOICE #2630 -QB TO ALEX'S POOL HEATING AND AIR CONDITIONING FOR $129000 TO REPLACE TWO CHILLERMEATERS AT THE GOLDEN GATE AQUATICS FACILITY Item #16D8 Page 172 June 26, 2012 RESOLUTION 2012 -116: REPEALS PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT'S FACILITIES AND OUTDOOR AREA LICENSE AND FEE POLICY AND ESTABLISHES THE POLICY ANEW TO INCLUDE A NON - RESIDENT ANNUAL PASS FOR SUN -N -FUN LAGOON AND TO ALLOW OVERNIGHT PARKING WITH A PERMIT AT DESIGNATED MARINA LOCATIONS Item #I 6D9 WAIVING FORMAL COMPETITION UNDER THE COUNTY'S PURCHASING POLICY APPROVING AND CHAIRMAN TO SIGN A SUCCESSOR AGREEMENT TO CONTRACT #09 -5248 WITH VINCENT RAYMER, G.C. FOR THE COMPLETION OF REHABILITATION OF THREE HOMES IN AN AMOUNT NOT TO EXCEED $67,034 — FOR PROPERTY LOCATED AT 3870 4TH AVENUE, 2975 4TH ST. NE AND 4735 6TH AVENUE Item # 16E 1 UTILIZING WESTERN STATES CONTRACTING ALLIANCE (WSCA) CONTRACT NO. 1907 ADAPTED BY THE STATE OF FLORIDA WITH SPRINT SOLUTIONS, INC. FOR A PERIOD OF FOUR YEARS AND THE CHAIRMAN TO EXECUTE THE PARTICPATING ADDENDUM — FOR CONTINUED AND UNINTERRUPTED SERVICE WITH SPRINT SOLUTIONS Item #I 6E2 AMENDMENT NO. 07 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER Page 173 June 26, 2012 EDUCATION PROGRAM TO PROVIDE $178,000 IN FUNDING Item #I 6E3 RECOGNIZING AND APPROPRIATING REVENUE FOR SPECIAL FACILITY MAINTENANCE AND SECURITY SERVICES IN THE AMOUNT OF $981532.65 TO THE FACILITIES MANAGEMENT DEPARTMENT COST CENTER AND ALL NECESSARY FY 2011 -12 BUDGET AMENDMENTS — REIMBURSING FACILITIES FOR SPECIAL SERVICES PROVIDED Item #I 6E4 A SHARED PARKING AND ACCESS AGREEMENT WITH NAPLES ZOO, INC., THE COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. — THE PROPERTY IS THREE ACRES OF VACANT LAND LOCATED EAST OF GOODLETTE ROAD AND SOUTH OF GOLDEN GATE PARKWAY Item #I 6E5 THE REVISED FREEDOM AND GORDON RIVER GREENWAY PARKS LAND MANAGEMENT PLAN TO REFLECT CURRENT PROJECT BOUNDARIES AND PLANS, REQUIRED BY THE FLORIDA COMMUNITIES TRUST GRANT AGREEMENT — THE LAST REVISION WAS IN 2007 Item #I 6E6 AN INTERDEPARTMENTAL AGREEMENT FOR LAND MANAGEMENT AT FREEDOM PARK, REQUIRED BY THE Page 174 June 26, 2012 FLORIDA COMMUNITIES TRUST GRANT AGREEMENT — TO IDENTIFY SHARED MANAGEMENT RESPONSIBILITIES Item #I 6E7 A REBATE RECEIVED FROM FLORIDA POWER AND LIGHT (FP &L) IN THE AMOUNT OF $2565320 FOR THE CHILLER REPLACEMENT /ICE STORAGE EXPANSION PROJECT COMPLETED WITH GRANT FUNDS FROM UNITED STATES DEPARTMENT OF ENERGY (DOE) AND THE NECESSARY BUDGET AMENDMENT — FUNDS WILL BE USED TO REPLACE MALFUNCTIONING THERMAL STORAGE TANKS IN THE MAIN CHILLER PLANT Item #16171 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. TO SUPPORT EMERGENCY MANAGEMENT ACTIVITIES RELATED TO NATURAL AND MANMADE HAZARDS EMERGENCY RESPONSE — TO COORDINATE RELIEF EFFORTS IN THE EVENT OF A DISASTER Item #16172 RECOGNIZING CARRY FORWARD UP TO $3509000 IN TOURISM PROMOTION FUND 184 FOR AN ENHANCED SUMMERTALL CAMPAIGN AND ALL NECESSARY BUDGET AMENDMENTS — FUNDS USED FOR TELEVISION, DIGITAL AND SOCIAL MEDIA CAMPAIGNS AND STAFF EXPENSES FOR MARKETING SUPPORT AND TRADE SHOW & TRAVEL EXPENSES Page 175 June 26, 2012 Item #16173 CHANGE ORDER #3 TO CONTRACT #10 -5541 WITH PARADISE ADVERTISING AND MARKETING, INC. IN THE AMOUNT OF $250,000 FOR A TOTAL OF $600,000 IN ADDITIONAL MEDIA AND PRODUCTION BILLING AT GROSS IN ACCORDANCE WITH THEIR AGREEMENT WITH COLLIER COUNTY — FOR ADDITIONAL MEDIA AND PRODUCTION EXPENDITURES AND STAFF GENERATED MARKETING SUPPORT FOR TRADE SHOW AND TRAVEL EXPENSES Item #I 6F4 INTERLOCAL AGREEMENT NO. 12 -5834 BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND TO PROVIDE FIRE PROTECTION AND RESCUE SERVICE TO THE UNINCORPORATED AREA OF THE COUNTY KNOWN AS GOODLAND Item #16F5 RESOLUTION 2012 -117: FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON -AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES IN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT Item #I 6F6 REPORT COVERING A BUDGET AMENDMENT IMPACTING RESERVES IN AN AMOUNT UP TO AND INCLUDING $17,000 Page 176 June 26, 2012 AND BUDGET AMENDMENT MOVING FUNDS — FOR THE INSTALLATION OF POOL LIFTS AT THE GOLDEN GATE COMMUNITY PARK AND IMMOKALEE SPORTS COMPLEX Item #16F7 RESOLUTION 2012 -118: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Item # 16G 1 A COMMON /CARGO /EXECUTIVE HANGAR LEASE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND COLLIER COUNTY SHERIFF'S OFFICE — FOR A MONTH -TO -MONTH LEASE AT $1.479.03 PER MONTH Item # 16H 1 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE MENTAL HEALTH ASSOCIATION OF SWFL 55TH ANNIVERSARY SUNSET CRUISE ON JUNE 23, 2012. A SUM OF $50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD ABOARD THE NAPLES PRINCESS Item # 16J 1 DISBURSEMENTS FOR THE PERIOD OF MAY 2612012 THROUGH JUNE 15 2012 AND FOR SUBMISSION INTO THE Page 177 June 26, 2012 OFFIICIAL RECORDS OF THE BOARD Item #I 6J2 DISBURSEMENTS FOR THE PERIOD OF JUNE 212012 THROUGH JUNE 8, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J3 DECLINING A GRANT AWARD OF $110,000 FOR HOMELAND SECURITY FISCAL YEAR 2010 OPERATION STONEGARDEN- BORDER SECURITY FEDERAL GRANT #2010 -SS -TO -0092 — REQUIREMENTS OF THE GRANT COULD PUT THE SHERIFF'S OFFICE IN THE POSITION OF SPENDING MORE MONEY ADMINISTERING THE GRANT THAN THE AMOUNT AWARDED Item #I 6J4 THE SIXTEENTH YEAR SCAAP LETTER DELEGATING AUTHORITY TO SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE, AND TO RECEIVE AND EXPEND THE PAYMENT OF THE SIXTEENTH YEAR OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM ( SCAAP) GRANT FUNDS — FUNDING BASED ON NUMBER OF ALIENS INCARCERATED AND THE AGENCY'S ASSOCIATED CORRECTION SALARY EXPENSES BETWEEN JULY 1 2010 AND JUNE 30, 2011 Item #I 6J5 Page 178 June 26, 2012 THE THIRD YEAR OF CONTRACT #09 -5270, "AUDITING SERVICES FOR COLLIER COUNTY", WITH ERNST AND YOUNG LLP, TO PROVIDE FOR FY 2012 EXTERNAL AUDIT & CORRESPONDING PAYMENT OF $607,000 FOR SERVICES Item # 16K 1 AN AGREED ORDER AWARDING EXPERT FEES AND ATTORNEY FEES IN CONNECTION WITH PARCELS 111FEE AND 111 TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. AL SUBS, INC., ET AL., CASE NO. 09- 3691 -CA, COLLIER BOULEVARD PROJECT NO. 60092 (FISCAL IMPACT: $94,600) — FOR DAMAGES ASSOCIATED WITH THE CLOSURE OF AN EXIT DRIVEWAY ON BECK BOULEVARD Item #I 6K2 THE STIPULATED ORDER TAXING SUPPLEMENTAL ATTORNEY'S FEES IN CONNECTION WITH PARCEL 811 IN THE LAWSUIT STYLED COLLIER COUNTY V. MYRTLE PRESERVE, LLC, ET AL., CASE NO. 07- 0463 -CA, COLLIER BOULEVARD PROJECT NO. 51101 (FISCAL IMPACT: $7,500) — THE PROPERTY OWNER HAD ORIGINALLYASKED FOR $8,283.27 IN COSTS AND ATTORNEY FEES Item #I 6K3 A MEDIATED SETTLEMENT AGREEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, V. TODD SONDRINI AND KESIA SONDRINI, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER Page 179 June 26, 2012 COUNTY, FLORIDA, CASE NO. 11- 1402 -CA TO SETTLE A PROPERTY DAMAGE CLAIM FOR THE SUM OF $10,500 AND CHAIRMAN TO EXECUTE THE SETTLEMENT AGREEMENT — FOR DAMAGES ASSOCIATED WITH A SEPTEMBER 27, 2009 EMS VEHICLE CRASH Item #I 7A ORDINANCE 2012 -22: PUDZ- PL20110001519, NAPLES VIEW RPUD -- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION O1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE Item #I 7B RESOLUTION 2012 -119: SV- PL20110002805, AGAVE June 26, 2012 SOUTHWESTERN GRILL, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV- PL20110002805 GRANTING A VARIANCE FROM SECTION 5.06.04.F OF THE LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS ON ONE BUILDING CONSISTING OF AN EXISTING WALL SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING FACADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE FEET ON THE WESTERN FACADE OF ITS BUILDING WHICH BUILDING IS LOCATED AT 2380 VANDERBILT BEACH ROAD IN SECTION 02, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY FLORIDA Item #I 7C RESOLUTION 2012 -120: THE BOARD OF ZONING APPEALS APPROVING RETAIL TIRE SALES WITH MINOR AUTOMOTIVE REPAIR AS A PERMITTED USE IN THE CREEKSIDE COMMERCE PARK CPUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #I 7D RESOLUTION 2012 -121: AMENDMENTS (APPROPRIATING CARRYFORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO FISCAL YEAR 2011 -12 ADOPTED BUDGET Item #I 7E — Moved to Item #9B (Per Agenda Change Sheet) To Remain on Summary (Per County Manager) ORDINANCE 2012 -23: ESTABLISHING A PUBLIC SAFETY Page 181 June 26, 2012 AUTHORITY AND SUNSET THE EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD Item #I 7F ORDINANCE 2012 -24: AMENDING THE FLOOD DAMAGE PREVENTION ORDINANCE (FDPO) TO ADDRESS: (1) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)'S RECENT DETERMINATION THAT THE COUNTY'S FDPO IS NOT IN COMPLIANCE WITH REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) AND (2) RECENT AMENDMENT TO THE FLORIDA BUILDING CODE Item #17G ORDINANCE 2012 -25: AMENDING ORDINANCE 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATION FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO — ZONING DISTRICTS AND USES INCLUDING SECTION 2.01.03, ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTED USE IN THE CONSERVATION ZONING DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY _LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE Page 182 June 26, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:17 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS /EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL Lo. FRED COYLE, C ATTEST: DWIGHT':; FROCK, CLERK )L4� AA,,)Lj ��O�,o 4 These minutes a ved b the Board on 2 pp Y �- 2ot2 as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS,' COURT REPORTER AND NOTARY PUBLIC. Page 183