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BCC Minutes 02/12/2013 R BCC REGULAR MEETING MINUTES FEBRUARY 12, 2013 February 12, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 12, 2013 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: CHAIRWOMAN: Georgia Hiller Tom Henning Fred Coyle Donna Fiala Tim Nance ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Finance Director, Clerks Office Mike Sheffield, Manager, Business Operations - CMO Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority r 4zogark AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 February 12, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Vice-Chairman 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 2007-24, 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 February 12, 2013 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. Pastor Bob Scudieri - Faith Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular agenda as amended. B. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) C. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Page 2 February 12, 2013 D. January 8-9, 2013 - BCC/Regular Meeting E. January 14, 2013 - BCC/CRA Joint Workshop 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating February 2013 as Career and Technical Education Month in Collier County. To be accepted by Yolanda Flores, Principal, Lorenzo Walker Institute of Technology and Denise Duzick, Administrator, Lorenzo Walker Institute of Technology. Sponsored by Commissioner Fiala. B. Proclamation designating February 2013 as Scouting Month in Collier County. To be accepted by Burt Saunders, Alligator District Chairman; James Giles, Alligator District Executive; Bill Coen, Vice President, Southwest Florida Boy Scouts of America; and Bill Poteet, Executive Board Member. Sponsored by Commissioner Henning. C. Proclamation designating February 17-23, 2013 as Engineers Week in Collier County. To be accepted by Ralph Verrastro, P.E., Calusa Chapter President; Norman Trebilcock, P.E., Calusa Chapter Vice President; Alison Bradford, P.E., Calusa Chapter Past President; and Marlene Messam, P.E. Calusa Chapter Past President. Sponsored by Commissioner Coyle. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for February 2013 to the 360 Market. To be accepted by Rebecca Maddox, owner. B. Presentation to recognize contributions made by six Eagle Scouts to Conservation Collier Preserve lands. C. Presentation to recognize the local effort to promote the National Farm-City Council's mission to strengthen understanding of the farm-city connections that provide our food, fiber and shelter; to recognize the Collier County community's Farm City Barbeque organization and its Annual Farm City Barbeque; to announce the award of grants to the youth organizations benefiting from the Farm City Barbeque; to acknowledge the good work of Page 3 February 12, 2013 the Farm City Barbeque; and for the Collier County Board of County Commissioners to promote and encourage the continued community support of the Annual Farm City Barbeque. D. Presentation of a donation of artwork to the Board of County Commissioners from the Gallery on Fifth. To be presented by Olga Arkhangelskaya. (Commissioner Hiller) E. Recommendation to recognize Kelly Arnold, Accountant, Public Utilities Division as the Supervisor of the Year 2012. 6. PUBLIC PETITIONS A. This item to be heard immediately following Item #10D. Public Petition request from Bill D'Antuono regarding the use of spears to control the overpopulation of lion fish. 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS A. This item continued to the April 9, 2013 BCC Meeting. Recommendation to consider the appeal of Zoning Verification Letter, ZLTR-PL20120002392, regarding the denial of a New or Used Motor Vehicle Dealer as a permitted use in the Two Lakes Plaza Planned Unit Development (PUD), Ordinance No. 2000-63, Collier County, Florida. 9. ADVERTISED PUBLIC HEARINGS A. This item continued to the March 26, 2013 BCC Meeting. Recommendation to approve a "small-scale" amendment to the Golden Gate Area Master Plan Element of the Growth Management Plan, Ordinance 89- 05, as amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) 10. BOARD OF COUNTY COMMISSIONERS Page 4 February 12,2013 A. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. B. Appointment of member to the Environmental Advisory Council. C. Appointment of a member to the Animal Services Advisory Board. D. This item to be heard before Item #6A. Recommendation to adopt a Resolution in support of removing the ban on spearfishing in Collier County coastal waters, and requesting that the Florida Fish and Wildlife Conservation Commission (FWC) repeal the special acts and/or rules designated as Chapters 27473 (1951) and 30665 (1955). (Commissioner Henning) E. Recommendation to direct staff to negotiate and bring back to the Board at its next meeting a new Red Light Camera agreement between Collier County and American Traffic Solutions Incorporated (ATS), and that given the upcoming March 1st deadline with ATS, as well as the infrastructure and procedural processes in place, that the Board waive any requirement for formal competition for this work. (Commissioner Fiala) F. Recommendation that the Board of County Commissioners direct the County Attorney to prepare an ordinance for board approval providing for a county Hearing Officer who shall be empowered to hear and rule on limited planning and zoning matters; that any decision of the Hearing Officer may be appealed to the Board of County Commissioners; that it be further directed that county staff develop a job description based on the legal definition of the newly created position, obtain board approval for funding the position, and immediately advertise the position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain development related decisions by the county. (Commissioner Hiller) G. Recommendation that the Board of County Commissioners ("Board") direct the County Attorney and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to review the proposed Purchasing Ordinance with county staff, and to bring the final draft of the Purchasing Ordinance to the Board in the first meeting in March, 2013 for approval to advertise, and for final Board adoption at the second meeting in March, 2013. Ensuring that Page 5 February 12,2013 all county expenditures approved by the Board "shall" rather than "may" satisfy what is required by both legal and governmental accounting standards is an obligation, not an option of the Board. (Commissioner Hiller) H. Recommendation that the County Manager's Ordinance be repealed in whole, that it be replaced with the provisions specifically enumerated in Florida Statute Chapter 125 as those provisions relate to the position of the County Administrator, and that the law be renamed the "County Administrator" Ordinance consistent with statute. Florida law provides that a constitutional county may administratively organize itself through the office of a County Administrator that answers to the Board of County Commissioners and that where such an organizational structure is desired that the county shall adopt an ordinance that mirrors the guiding Florida statute so as to enable the Office of the County Administrator. As such, the current ordinance should be repealed and replaced with the applicable provisions of F.S. Chpt. 125 to provide unambiguous definition as to the role, powers and duties of the County Administrator. To further recommend that the Board direct that the County Attorney prepare and present a County Administrator's Ordinance conforming with F.S. Chpt. 125 to replace the current County Manager's Ordinance at the first meeting in March, 2013 for Board approval to advertise and for final Board adoption at the second meeting in March, 2013. (Commissioner Hiller) Recommendation that the Board of County Commissioners ("Board") direct the County Attorney ("CA") to draft a County Attorney Ordinance to be brought back to the Board at the second meeting in February, 2013 for approval to advertise publicly, and then further to be brought forward for adoption by the Board at the first meeting in March, 2013. The ordinance shall provide in part that: 1. All legal information relating to the county shall be immediately forwarded to the CA upon receipt of such information by any member of the Board and/or county staff, including but not limited to matters related to threatened, pending or actual litigation, civil, criminal or administrative in nature. 2. The CA shall exclusively represent the county in all legal matters, and with Board approval shall retain outside counsel to assist in such representation. 3. All draft contracts, resolutions and ordinances shall be reviewed and approved by the CA prior to presentation to the Board, and all such reviewed documents shall be placed by staff after approval by the CA on the Board's public agenda for Board approval prior Page 6 February 12,2013 to any Board vote. 4. The CA's standard for review and approval of any and all matters presented to the Board shall be that it is "approved as to form and legality" rather than merely "approved as to form and legal sufficiency" and such approval shall cite with specificity any ordinance, statute or constitutional provision on which the proposed action is based. 5. The CA shall be responsible for ensuring the proper execution of all Board approved contracts, resolutions and ordinances, and shall ensure the preservation of the chain of custody of such documents from Board approval, to execution through recording in the Official Records of the Clerk of Courts. 6. The CA shall be the county's registered agent in all instances included but not limited to CRA, MSTU, and District representation. Once the ordinance is adopted, the CA will immediately develop practices and procedures to implement the direction set by the ordinance which shall be respected by the Board and county staff going forward. (Commissioner Hiller) J. Recommendation that the Board of County Commissioners direct the County Attorney to draft a resolution stating that it is not the Board's current intent to raise the Tourist Development Tax; to be presented for Board approval at the February 26, 2013 public meeting. Raising taxes on the Tourism Industry during this time of financial hardship goes against the county's desire to promote and encourage economic development. For this reason, it is imperative that the Board of County Commissioners formally declare its intent to not raise taxes at this time. (Commissioner Hiller) K. Recommendation that the Board of County Commissioners direct the County Attorney to coordinate with the county's newly hired Economic Development administrator to draft amendments to and extensions for the county's economic development ordinances which are set to expire in 2013 and further, to include provisions with respect to the requirements of F.S. Chp. 119 (Public Records) relating to economic development financial records disclosure exemptions. Specifically, and for example, the ordinance providing for a property tax exemption incentives was never approved by general referendum as required by Florida's constitution/statute and as such is invalid - the cure is suspension of the ordinance pending the public's vote of approval; the impact fee waiver incentive program ignores that the impact fee fund that would otherwise see a contribution of impact fees, has to be made whole by some alternative source of funding (otherwise the impact fee charged becomes an illegal tax) - the cure is to require, as part of the ordinance, that the county immediately make a fund transfer to the affected Page 7 February 12, 2013 impact fee fund equal in amount to the awarded waiver; as an alternative to an impact fee waiver program, an additional provision should be added for an impact fee exemption program which could include an impact fee moratorium for select impact fees (public safety related impact fees should not be suspended given the paramount importance of those services); consideration should be given to have the local and state job creation incentive provisions mirror each other including all provisions relating to state required underwriting provisions; such underwriting provisions which include the production of financial statements and/or tax returns should also be included as a requirement under all incentive programs; and lastly, the applicability of the public records exemption relating to any applicant's financial information shall apply to all members of county staff and the public except for the individual County Commissioners, the County Attorney, the County Manager, the Economic Development administrator and the Clerk of Courts and designated employees of such elected officials and county staff. Further that the Economic Development Administrator bring the draft amended ordinances to the Board of County Commissioners in April, 2013 for review and discussion along with any other proposals the Administrator may have in the way of programs for the Board's consideration. At such time, the Board can direct the legally conforming options be presented to the community for input and additional recommendations, all with the intent of developing a legally sound and financially feasible economic development program that reflects the will of the tax-paying public. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. This item continued from the November 13, 2012 meeting. Recommendation to deny the formal protest objection and uphold the Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5931 Master Pump Station 312 Rehabilitation as Projects #72549 and #70050; prohibit Poole & Kent from benefiting from the Board's local vendor preference for one (1) year; and, approve the award for the above mentioned ITB to contractor Douglas N. Higgins, Inc. in the amount of$5,961,000 and authorize the Chairwoman to execute the agreement. (Len Price, Administrative Services Administrator) B. This item continued from the November 13, 2012 meeting. Recommendation to deny the formal protest objection and uphold the Page 8 February 12,2013 Purchasing Director's decision denying Poole & Kent Company of Florida the award of Invitation to Bid (ITB) #12-5952, Aerated Sludge Holding Tank (ASHT)/Flow Equalization Tank (FET), Projects #73950 and #70091; prohibit Poole & Kent from benefiting from the Board's local vendor preference for one (1) year; and, approve the above ITB award to contractor Mitchell & Stark Construction Co. in the amount of$6,307,000 and authorize the Chairwoman to execute the agreement. (Len Price, Administrative Services Administrator) C. This item to be heard at 11:00 a.m. Recommendation to approve proposed changes that would repeal and replace the Animal Control Ordinance (Ordinance No. 2008-51, as amended) and direct the County Manager or his designee to advertise ordinance changes to be approved by the Board at a future meeting (Amanda Townsend, Animal Control Services Director) D. Recommendation to award a construction contract to Community Asphalt for Bid No. 12-5948R - Immokalee Road Safety Improvements Project No. 60016.4, in the amount of$1,904,344. (Jay Ahmad, Transportation Engineering Director) E. Recommendation to adopt a resolution authorizing the acquisition by gift, purchase or condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the "Haldeman Creek and Crown Pointe Weirs" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $117,000. (Margaret Bishop, Transportation Engineering Sr. Project Manager) F. Recommendation to provide additional review of the next phase of system expansion for Emergency Medical Services and Law Enforcement requested by the Board at their November 13, 2012 public hearing for the Annual Update and Inventory Report (AUIR)/Capital Improvement Element (Capital Improvement Element (CIE) update on Public Facilities as provided for in Chapter 6.02.02 of the Collier County Land Development Code. (Michael Bosi, Planning and Zoning Interim Director) 12. COUNTY ATTORNEY'S REPORT Page 9 February 12,2013 A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, FEBRUARY 12, 2013. The session will be held at a time certain of 12:00 noon, in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, 34112. In addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in closed executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. B. 1:00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. 13. OTHER CONSTITUTIONAL OFFICERS A. Request discussion with the Board of County Commissioners regarding an Emergency issue in the Pelican Bay Services Division Elections and to ask the Board to adjust the dates of the events surrounding the Election to insure compliance. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) appoint Bradley Muckel as Interim Director for the Immokalee CRA and the Immokalee Lighting and Beautification Municipal Services Page 10 February 12, 2013 Taxing Unit. 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 not paint new and future galvanized steel mast arm and steel strain pole traffic signal assemblies east of County Road 951 (Collier Boulevard) and to continue to perform maintenance painting of all existing painted steel mast arm and steel strain pole traffic signal assemblies in Collier County. 2) Recommendation to approve the release of two liens with a combined value of$183,407.20 for payment of$6,707.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Sylvia Derrick Code Enforcement Case Numbers CEPM20100009396 and CEAU20100009395, relating to property located at 616 92nd Avenue N, Collier County, Florida. 3) Recommendation to approve the release of lien in the amount of $248,998.14 for payment of$1,448.14, in the Code Enforcement Action entitled Board of County Commissioners vs. Brian Christopher and Sylvia Christopher, Code Enforcement Case Number CEPM20080003635, relating to property located at 431 Ibis Way, Collier County, Florida. 4) Recommendation to approve the release of lien in the amount of $74,081.15 for payment of$1,331.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Carlos and Diana O. Leon, Code Enforcement Case Number CESD20100005001, relating to property located at 5210 Jennings Street, Collier County, Page 11 February 12,2013 Florida. 5) Recommendation to approve the release of two liens with a combined value of$55,975.12 for payment of$675.12, in the Code Enforcement Action entitled Board of County Commissioners vs. Elvis Camacho, Code Enforcement Case Numbers CEPM20100017789 and CEPM20110000638, relating to property located at 2725 70th Street SW, Collier County, Florida 6) Recommendation to approve the release of lien in the amount of $62,330.57 for payment of$530.57, in the Code Enforcement Action entitled Board of County Commissioners vs. Sandra S. Sage, Code Enforcement Case Number CELU20100019962, relating to property located at 3135 Ravenna Avenue, Collier County, Florida. 7) Recommendation to award Invitation to Bid (ITB) #12-5977 for Median Landscaping Services for Airport Road from Cougar Drive to Vanderbilt Beach Road to Florida Land Maintenance, Inc., and authorize the Chairwoman to execute the attached agreement. 8) 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 adopt a Resolution to hold a public hearing to consider vacating a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47 through 49 of the Public Records of Collier County, Florida, Application No. VAC- PL20120002564. 9) Recommendation to award Invitation to Bid (ITB) #13-6030 for Golden Gate Parkway and 1-75 Interchange from 60th Street SW to Affordable Landscaping Service and Design LLC, and authorize the Chairwoman to execute the attached agreement. 10) Recommendation to reject all bids for Invitation to Bid (ITB) #12- 5974 for Concrete; Road Sidewalk Curb and Floor Installation and Repairs; and authorize staff to issue a modified ITB. Page 12 February 12,2013 11) Recommendation to approve Funding Agreement No. 4600002780 with the South Florida Water Management District (SFWMD), which provides funding in the amount of$600,000 for the construction of Outfalls 3 and 4 of the Lely Area Stormwater Improvement Project (LASIP), Project#51101. 12) Recommendation to authorize a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of$17,380. 13) 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 adopt a Resolution to hold a public hearing to consider vacating all of Preserve P-6 and a portion of Preserve P-8, as recorded in Official Record Book 2406, pages 0549 through 0589, of the Public Records of Collier County, Florida, all of Preserve/Replant areas PA94, PA95, a portion of Preserve/Replant areas PA96 and PA 102, being a part of Tract 8 of Vanderbilt Country Club - 2, Plat Book 32, pages 42 through 55 of the Public Records of Collier County, Florida, and a portion of Preserve/Replant areas PA96 and PA 102, being a part of Tract FD 10 of Vanderbilt Country Club - 2, Plat Book 32, pages 42 through 55 of the Public Records of Collier County, Florida. Application No. VAC-PL20120002603. 14) 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 approve for recording the final plat of Talis Park Tract J, Application Number PL20120002646, a replat of Tract J of Tuscany Reserve. 15) Recommendation to increase the Board-authorized annual expenditures for "Records Management Services" to Vital Records Control, LLC from $90,000 to an estimated annual expenditure of $110,000 per fiscal year and to approve a budget amendment from Fund 113 to pay for these contracted services. 16) Recommendation to accept the specific past Staff Clarifications of the Land Development Code (LDC) attached to this Executive Summary. Page 13 February 12,2013 17) 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 approve for recording the final plat of Camden Lakes, Application Number PPL-PL20120000747 approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 18) Recommendation to approve disposal of surplus property associated with the Gateway Triangle Stormwater Improvements Phase II, Contract #10-5366, Project #51803. 19) Recommendation to approve a Rezone petition fee reduction request for the proposed Ohlis Rezone and provide direction to the County Manager or his designee to evaluate down zoning applications as part of the Hearing Officer analysis. 20) Recommendation to approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes tourism and approve necessary budget amendments. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a grant application to the Florida Division of Emergency Management, Hazard Mitigation Grant Program, in the amount $37,945 to retrofit 33 overhead doors at the Public Utilities Division's Operations Center located at 4370 and 4420 Mercantile Avenue, Naples. 2) Recommendation to approve the Utility and Access Easement Agreement with Regent Park Villas I Association, Inc., for the acquisition of a Utility and Access Easement; and, to accept the grant Page 14 February 12,2013 of a Right of Entry to accommodate the relocation and replacement of the existing wastewater collection system in the Regent Park Villas communities for a total cost not to exceed $2,300, Project Number 70043. 3) Recommendation to approve the Utility and Access Easement Agreement with Regent Park Villas II Association, Inc., for the acquisition of a Utility and Access Easement; and, to accept the grant of a Right of Entry to accommodate the relocation and replacement of the existing wastewater collection system in the Regent Park Villas communities for a total cost not to exceed $2,400, Project Number 70043. 4) Recommendation to approve the Utility and Access Easement Agreement with Regent Park Villas III Association, Inc. for the acquisition of a Utility and Access Easement and to accept the grant of a Right of Entry to accommodate the relocation and replacement of the existing wastewater collection system in the Regent Park Villas communities for a total cost not to exceed $2,400, Project Number 70043. 5) Recommendation to approve a time and materials contract with Agnoli Barber & Brundage in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312 Professional Services during Construction," Project Number 72549. 6) Recommendation to approve a time and materials contract with Hole Montes in the not-to-exceed amount of$898,000 for Request for Proposal No. 12-5867, "North County Water Reclamation Facility Construction Engineering and Inspection Services for the Aerated Sludge Holding Tank/Flow Equalization Tank Construction", Project #70091. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve the conveyance of water and wastewater utilities located at MarGood Harbor Park, 321 Pear Tree Avenue, Goodland Florida, and to approve the execution of the conveyance Page 15 February 12, 2013 documents, at a cost not to exceed $120. 2) Recommendation to approve an amendment to the FY 2011-2012 HOME Investment Partnerships (HOME) Program Grant Agreement between Collier County and the Collier County Housing Authority (CCHA) that modifies Exhibit A, Scope of Services, effective as of the original date of the agreement, to allow all available forms of match, and to correct a scrivener's error in the grant agreement number and match amount. 3) Recommendation to approve an amendment to the Developer Agreements with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 1 (NSP 1) and the Neighborhood Stabilization Program 3; and approve an amendment to the NSP3 Action Plan to update and clarify target area census tracts, demolition and land banking activities. 4) Recommendation to approve seven (7) satisfactions of mortgage in the aggregate amount of$66,192.50 of owner occupied dwelling units that have satisfied the terms of their affordability period. 5) Recommendation to approve an after-the-fact substantial amendment for the FY2010-2011Collier County U.S. Department of Housing and Urban Development (HUD) Action Plan amending the City of Naples Neighborhood Parks improvement project. 6) Recommendation to approve to pay 2012 property taxes and proceed with closing on donation of a 10 acre parcel previously approved for the Conservation Collier Land Acquisition Program at a cost not to exceed $100. 7) Recommendation to approve a Resolution superseding Resolution No. 2012-192 and authorize staff to honor the Elderly/Disabled reduced fare for the subcontracted transportation provider with the Florida Commission for the Transportation Disadvantaged that provides transportation services under the non-emergency transportation Medicaid contract for Collier County Page 16 February 12,2013 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 the establishment of a commercial beach parking permit, a policy for balances left on accounts, incorporating Conservation Collier's fee schedule, and authorizing the Board to set fees for County-sponsored special events. 9) Recommendation to approve the submittal of a revised Congestion Management System/Intelligent Transportation Stakeholders (CMS/ITS) grant application, for the design and construction of up to 12 additional bus shelters within Collier County, in the amount of $336,872. 10) Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to amend the local match to include in-kind funding in the amount of$75,150 and cash match in the amount of$205,850 for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center. 11) Recommendation to approve a Resolution rescinding and replacing Resolution No. 2001-245 adopting the Disadvantaged Business Enterprise (DBE) Program and goal setting process to ensure that DBE's have an equal opportunity to receive and participate in Federal Transit Administration assisted contracts by ensuring nondiscrimination in their award and administration. 12) Recommendation to approve budget amendments recognizing Conservation Collier FY12 carry forward for planned projects. 13) Recommendation to approve a substantial amendment to the FY2012- 2013 Action Plan to include three new projects to be funded from the Emergency Solutions Grant that support homeless programs in Collier County and modify funding allocated to the ESG Planning and Administration category as allowed by HUD. Page 17 February 12, 2013 14) Recommendation to renew the Memorandum of Understanding between Collier County and the Collier Community Cat Coalition to coordinate a community-based Trap-Neuter-Return Program for feral cats. 15) Recommendation to Terminate the June 14, 2011, Underground Facilities Conversion Agreement entered into between Collier County and Comcast of the South, Inc. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve award of Invitation to Bid (ITB) #12- 5935 Fleet Vehicles to Tamiami Ford, Inc. 2) Recommendation to approve the ranked list of selected firms for Request for Proposal (RFP) #09-5262-S2 Countywide Engineering Services for Coastal Engineering Services and direct staff to bring negotiated contracts to the Board for subsequent approval with Humiston and Moore Engineers and Turrell, Hall & Associates, Inc. 3) Recommendation to approve a Resolution authorizing the Commission Chairwoman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2013 calendar year. 4) Recommendation to authorize the County Manager or his designee and the County Attorney's office to advertise an amendment to Ordinance No. 2009-23, "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify certain provisions of the Ordinance. 5) Recommendation to adopt a Resolution and approval of a Lease Agreement with Congressman Mario Diaz-Balart for use of County- owned office space for two years for a total revenue of$20. 6) Recommendation to approve a budget amendment to facilitate the reimbursement of funds to the Golden Gate Estates Library and the Page 18 February 12,2013 Louise Hasse Community Center for completed work per previously approved agreements with the Golden Gate Estates Land Trust Fund (605). Total fiscal impact $311,024.39. 7) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a report covering a budget amendment impacting reserves in an amount up to and including $1,235.42 and budget amendment moving funds. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation to approve the attached Amendment to Commercial Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation operations at the Marco Island Executive Airport. 2) Recommendation that the Board of County Commissioners, in its capacity as the Airport Authority, approves the attached Agreement permitting Comcast Cable Communications Management, LLC to install, operate and maintain cable at the Immokalee Regional Airport. 3) Recommendation to approve the attached Travel Request in the amount of$1,119 for the Airport Authority Executive to attend the Florida Airports Council 2013 State Summit in Tallahassee, Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioners request for Board approval to attend the Florida Association of Counties Legislative Day Conference April 3-5, 2013. Page 19 February 12,2013 2) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Viva 500 Florida Event on January 8, 2013 at the Port Royal Club, Naples, Florida. $70 to be paid from Commissioner Hiller's travel budget. 3) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will attend ZOObilee 2013 on March 9, 2013 at the Naples Zoo, Naples Florida. $150 to be paid from Commissioner Hiller's travel budget. 4) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the CATO Institute Seminar on January 30, 2013 at the Waldorf Astoria in Naples, Florida. $75 to be paid from Commissioner Hiller's travel budget. 5) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will be attending the Fifth Community Drug Free Awareness Luncheon at the Naples Hilton, Naples on March 7, 2013, Florida. $21 to be paid from Commissioner Hiller's travel budget. 6) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will be attending the Creating Timeless Travel Memories - David Lawrence Center on February 18, 2013. $25 to be paid from Commissioner Hiller's travel budget. 7) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will be attending the FAC Legislative Update on April 4, 2013. $110 to be paid out of Commissioner Hiller's FAC travel budget. 8) Commissioner Hiller requests Board Approval for Payment to Attend a Function Serving a Valid Public Purpose. She will be attending The Beach Ball Gala for the Children's Advocacy Center on February 23, Page 20 February 12, 2013 2013. $100 to be paid from Commissioner Hiller's travel budget. 9) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. The Commissioner will be attending the 2013 Government Accounting Conference in Tallahassee, FL on February 7 & 8, 2013. $225 to be paid from Commissioner Hiller's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 5, 2013 through January 11, 2013 and submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of January 12, 2013 through January 18, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of January 19, 2013 through January 25, 2013 and for submission into the official records of the Board. 4) Recommendation that the Board accept the investment status update report for the quarter ending December 31, 2012. 5) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of$342,000 to appropriate additional funding for the Clerk of Courts pay plan adjustments and COLA increases consistent with the County's Pay Plan. K. COUNTY ATTORNEY 1) Recommendation to approve a Settlement Agreement in the sum of $4,000 prior to trial in the lawsuit entitled Michael A. Padron III, v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 12-CA-924) and authorize the Chairwoman to execute the Settlement Agreement and Release (Fiscal Page 21 February 12, 2013 Impact: $4,000). 2) Recommendation to approve and authorize the Chairwoman to execute a mediated Settlement Agreement and Release prior to trial in the lawsuit entitled Miguel Rojas and Luz Escudero v. Collier County, and Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11-2901-CA) for the sum of $25,000. 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 continued from the January 22, 2013 BCC Meeting. Recommendation to adopt an ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 February 12,2013 February 12, 2013 MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. Good morning, County Manager Ochs. MR. OCHS: Good morning. CHAIRWOMAN HILLER: If you would all rise for the invocation and the pledge. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE CHAIRWOMAN HILLER: County Manager, would you lead us, please. MR. OCHS: Let us pray. Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing, on this Board of County Commissioners. Guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the 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. (The Pledge of Allegiance was recited in unison.) CHAIRWOMAN HILLER: Thank you, Mr. Ochs. Item #2A APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED WITH CHANGES — APPROVED (STAFF TO COORDINATE A WORKSHOP AND DISCUSSION FOR A FUTURE MEETING FOR ITEM #10C Page 2 February 12, 2013 MR. OCHS: Good morning, Madam Chairman, Commissioners. I'd like to go through the proposed agenda changes for the Board of County Commissioners' meeting of February 12, 2013. The first proposed change is to add Item 4D. It's a proclamation designating today as Frank Oakes Day of Remembrance in Collier County. This is sponsored by Commissioner Hiller. The next proposed change is to continue Item 11E to the February 26, 2013, BCC meeting. This is a request of staff and county attorney to finish a few things having to do with the acquisition of some easements for our LASIP project. The next proposed change is to continue Item 16A17 to the March 12, 2013, BCC meeting. That change is made at the applicant's request. The next proposed change is to continue Item 16A18 to the February 26th BCC meeting. That is also made at the county attorney's and the staffs request. The next proposed change is to move Item 16A20 from your consent agenda to become Item 11G under the county manager's report on your regular agenda. This is a report back to the board on the proportionality analysis related to the Hideaway Beach erosion control structure project. The next proposed change is to continue Item 16H8 to the February 26, 2013, meeting. We had a backup document that was incorrect. That will be corrected and posted on the next agenda. The next proposed change is to move Item 17A from your summary agenda. That will become Item 9B under advertised public hearings. It's an item related to the sale and purchase of secondhand goods and secondhand dealers, and that move is made at the county attorney's request. We have one agenda note this morning, Commissioners, and it has to do with Item 16A16 on your consent agenda and with respect to the Staff Clarification 06-05, which restricts fuel tanks or fuel trucks Page 3 February 12, 2013 of over 250-gallon capacity from all residential and Estates-zoned property. Staff would also like to make the further clarification that non-fuel tanker trucks or traditional semi-trucks with fuel capacity over 250 gallons are not prohibited from Estates-zoned property. And, finally, we have a number of time-certain items this morning, Commissioners. The first one will be Item 13A to be heard at 9:45. That is an item having to do with the Pelican Bay Services Division election. 11F will be heard at 10 a.m. That has to do with the EMS and law enforcement updates to your Annual Update and Inventory Report. Item 11C will be heard at 11 a.m. That's your Animal Control Ordinance. You will go into closed section at noon and report out at that closed session at 1 p.m. Item 11K (sic) will be heard at 1:30 this afternoon. That's the item proposing changes to your economic development ordinance. COMMISSIONER FIALA: Excuse me, County Manager. It says 10K on here. Is it 11K or 10K? MR. OCHS: Commissioner, it's 10K. My mistake. I'm sorry. And Item 10J will be heard at 3 p.m., and that is the item proposing no change in your tourist development taxes. And the final time-certain is not actually a time-certain, but there is a note here that Item 10D will be heard immediately before Item 6A, and those are both items having to do with spearfishing in Collier County. Commissioner Henning has an item, and we also have a public petition. So we will, at the chairwoman's suggestion, combine those two items, since they're, essentially, on the same topic. Those are the changes I have, Madam Chair. CHAIRWOMAN HILLER: Thank you. Any discussion? COMMISSIONER FIALA: Oh, yes. I'd like -- CHAIRWOMAN HILLER: Commissioner Fiala? Page 4 February 12, 2013 COMMISSIONER FIALA: Yes. Item No. 16A20, which has now become 11G, that's the Hideaway Beach agreement. Being that this is -- I didn't realize it was going to be pulled. I'd like to put that on a time-certain. CHAIRWOMAN HILLER: Sure. COMMISSIONER FIALA: Just thank you very much. CHAIRWOMAN HILLER: County Manager, is there a time that you would rather have this heard? Would you prefer the afternoon? MR. OCHS: Yes, ma'am, I would. I'd suggest, perhaps, 2:30. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: 2:30. Any other discussion? Commissioner Henning? COMMISSIONER HENNING: Yes. I have no ex parte communication on today's agenda. With retrospect (sic) to the Boy Scouts, they have a -- also the staff has a presentation about the Boy Scouts. They would like to have that heard together, in conjunction with. Item #11C RECOMMENDATION TO APPROVE PROPOSED CHANGES THAT WOULD REPEAL AND REPLACE THE ANIMAL CONTROL ORDINANCE (ORDINANCE NO. 2008-51, AS AMENDED) AND DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO ADVERTISE ORDINANCE CHANGES TO BE APPROVED BY THE BOARD AT A FUTURE MEETING - MOTION TO CONTINUE THE DISCUSSION AT A WORKSHOP — APPROVED UNDER REGULAR AGENDA CHANGES COMMISSIONER HENNING: The Item 10C -- I'm sorry -- 11 C, and that has to do with the proposed changes of the Animal Page 5 P.4.. February 12, 2013 Control Ordinance. We have two ordinances to consider. One would be the advisory board and one would be staff. In my opinion, this would be the perfect topic for a workshop instead of having to discuss and make -- give direction on what kind of ordinance we should bring back. CHAIRWOMAN HILLER: Is there further discussion on what Commissioner Henning has proposed with respect to 11C? Would you like -- would any member of the board like to see this item continued to a workshop rather than heard today? COMMISSIONER FIALA: Actually, I think that's a good idea. COMMISSIONER NANCE: I'm supportive of that. CHAIRWOMAN HILLER: In that case, Commissioner Henning, can I ask when we conclude discussion, if you could make the motion to approve the agenda with the changes that you're proposing this morning. COMMISSIONER HENNING: Sure. MR. OCHS: Madam Chair, excuse me. We just had a representative of the Hideaway Beach District indicate that an afternoon time-certain will not work for some of their team. If the Animal Control Ordinance is going to move to a workshop, we could CHAIRWOMAN HILLER: We could substitute. MR. OCHS: -- plug that in at 11 a.m. CHAIRWOMAN HILLER: Yep, that's a great idea. Thank you very much for the suggestion. MR. OCHS: So with the board's permission, we'll hear the item on the Hideaway Beach erosion control structures at 11 a.m. CHAIRWOMAN HILLER: Commissioner Henning, if you'd make your motion, and if I may have a second from another board member. COMMISSIONER HENNING: Make a motion to approve the agenda as amended and with the Animal Control Ordinance to be Page 6 February 12, 2013 scheduled for a future workshop. COMMISSIONER COYLE: Point of order, Madam Chair. CHAIRWOMAN HILLER: Yes. COMMISSIONER COYLE: We haven't had ex parte disclosure CHAIRWOMAN HILLER: Well, I'm going to. COMMISSIONER COYLE: -- from any of the commissioners. We haven't had the county attorney express any concerns relative to the agenda. CHAIRWOMAN HILLER: I plan on coming to the ex parte after Commissioner Henning's motion. Do you have any issues with MR. KLATZKOW: Yeah. Let's do the ex parte first. CHAIRWOMAN HILLER: Okay. We can do that. So in that case, Commissioner Henning, your ex parte. You said there was none? COMMISSIONER HENNING: I have none. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I have no ex parte disclosure on any of the items today. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I have no ex parte for the consent -- I'm sorry -- for the consent agenda. I do have ex parte disclosure with respect to Item No. 16A14. I did have a meeting with Bruce Anderson concerning that item. For the other items on the consent agenda, I do not have ex parte disclosure. I have no changes to the agenda, but I think it is appropriate at this time that I tell you I am going -- not going to vote in favor of the agenda merely because the items that you added at the last minute on Wednesday afternoon are not properly staffed, contain much inaccurate and misleading information, and it gives the public the wrong impression about what is to be discussed. So I will not vote in favor of the agenda for that reason. I think it Page 7 February 12, 2013 is a misuse of the position of chair, and I think the public's interest is not being served by doing that sort of thing. Thank you. CHAIRWOMAN HILLER: What items are you specifically referring to? COMMISSIONER COYLE: All of those that you added yourself and, apparently, prepared the executive summaries yourself -- CHAIRWOMAN HILLER: Uh-huh. COMMISSIONER COYLE: -- including, I believe, 11F, G, H, I COMMISSIONER FIALA: Ten. COMMISSIONER COYLE: Yeah, 10; 10H, I, J, and K. I have absolutely no problem debating those issues or having a public hearing on them, but what I have a problem with is the -- what I consider to be the prejudicial executive summaries, which you prepared personally and provide your own personal conclusions rather than having it properly staffed and complete. CHAIRWOMAN HILLER: Just for the record, Commissioner Coyle, any member of this board, any constitutional officer, has the legal right to post what they want on the agenda. All items were posted to the agenda before the agenda was made public and, as a consequence, everybody had equal time to view the information since the agenda was not public before it was published Wednesday evening. So while I accept that you have the right to comment as you wish, what was presented is neither prejudicial nor legally impermissible. But thank you for your comments notwithstanding. COMMISSIONER COYLE: Well, I think I have to direct you. The one specific example is Item 10K. It's not a matter of just introducing these issues to be discussed. It is that you have already reached a conclusion, and you provide information to the public which has been disproved on numerous occasions in the past. Page 8 February 12, 2013 So your insistence on saying that certain things are invalid or illegal when, in fact, they have been supported by our county attorney and outside counsel is merely trying to impose your personal interpretation on the public. And if this were an item that merely said we should discuss the economic development incentives with respect to make them more effective, it would be a perfect item for discussion, and then you could express your opinions at that point in time. But to produce an executive summary makes it appear as if that is the county's position, and that simply isn't the case. CHAIRWOMAN HILLER: And I thank you again for your comments, and I respectfully have to disagree. The item was reviewed by the county attorney before it was placed on the agenda and met with his approval. So while that may be your opinion, it is not correct. With that, may I have a second for -- I'm sorry. Go ahead. Commissioner Fiala, any ex parte? COMMISSIONER FIALA: I have no ex parte, no changes to the agenda, nothing to declare, and that's it. CHAIRWOMAN HILLER: Thank you. And I have no ex parte as well and no changes to propose for the agenda. May I have a second to Commissioner Henning's motion to approve the agenda -- COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: -- as amended. Thank you. All in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Motion carries -- Page 9 February 12, 2013 Commissioner Fiala? COMMISSIONER FIALA: For. CHAIRWOMAN HILLER: Okay, 4-1. Thank you. County Manager? MR. OCHS: Commissioner, did you approve the minutes of your January 8th meeting and your -- Page 10 Proposed Agenda Changes Board of County Commissioners Meeting February 12,2013 Add Item 4D: Proclamation designating February 12,2013 as the Frank Oakes Day of Remembrance in Collier County in recognition of his contributions of the community. To be accepted by family members. Sponsored by Commissioner Hiller. Continue Item 11E to the February 26,2013 BCC Meeting: Recommendation to adopt a resolution authorizing the acquisition by gift,purchase or condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the"Haldeman Creek and Crown Pointe Weirs"segment of the Lely Area Stormwater Improvement Project. (Project No.51101.) Estimated fiscal impact: $117,000.(Margaret Bishop, Transportation Engineering Sr.Project Manager) (County Attorney's request) Continue Item 16A17 to the March 12,2013 BCC Meeting: 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 approve for recording the final plat of Camden Lakes,Application Number PPL-PL20120000747 approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Applicant's request) Continue Item 16A18 to the February 26,2013 BCC Meeting: Recommendation to approve disposal of surplus property associated with the Gateway Triangle Stormwater Improvements Phase II,Contract#10-5366,Project#51803. (County Attorney's request) Move Item 16A20 to Item 11G: Recommendation to approve$350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16,2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes tourism and approve necessary budget amendments. (Commissioner Henning's request) Continue Item 16H8 to the February 26,2013 BCC Meeting: Commissioner Hiller requests Board Approval for Payment to Attend a Function Serving a Valid Public Purpose.She will be attending The Beach Ball Gala for the Children's Advocacy Center on February 23,2013.$100 to be paid from Commissioner Hiller's travel budget. (Staff s request) Move Item 17A to Item 9B: This item continued from the January 22,2013 BCC Meeting. Recommendation to adopt an ordinance which would establish limitations,in addition to those set forth in Chapter 538,Part I,Florida Statutes,on the sale and/or purchase of secondhand goods(secondhand dealers). (County Attorney's request) Note: Item 16A16: With respect to Staff Clarification 06-05 which restricts fuel tanks or fuel trucks of over 250 gallon capacity from all residential and estates zoned property;staff makes the further clarification that non-fuel tanker trucks or traditional semi trucks with a fuel capacity over 250 gallons are not prohibited from estates zoned property. Time Certain Items: Item 10D to be heard before Item 6A Item 13A to be heard at 9:45 a.m. Item 11F to be heard at 10:00 a.m. Item 11C to be heard at 11:00 a.m. Item 12A to be heard at 12:00 noon in a Closed Session,followed by Item 12B at 1:00 p.m.in a Sunshine Session Item 10K to be heard at 1:30 p.m. Item IOJ to be heard at 3:00 p.m. 2/27/201310:37 AM February 12, 2013 Item #2B APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED CHAIRWOMAN HILLER: We have to move to 2B, which is the Consent, to ensure that there is -- MR. OCHS: Oh, yes, ma'am. Okay. Go ahead. CHAIRWOMAN HILLER: If I may, is there any item on the consent agenda that any commissioner would like to move to the agenda at this time? (No response.) CHAIRWOMAN HILLER: In that case, I'd like to make a motion to approve the consent agenda. May I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries 5-0. Item #2C APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR SUMMARY AGENDA) - ADOPTED W/CHANGES CHAIRWOMAN HILLER: Next item is the approval of the Page 11 February 12, 2013 Summary Agenda as amended. Any ex parte communication, Commissioner Henning? COMMISSIONER HENNING: No. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: None. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: No. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: No. CHAIRWOMAN HILLER: And I also have no ex parte disclosure with respect to that amendment -- to the motion -- I'm sorry -- to that agenda. I make a motion to approve the summary agenda for today as amended. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2D JANUARY 8-9, 2013 BCC/REGULAR MEETING MINUTES — APPROVED CHAIRWOMAN HILLER: The next item is the approval of the January 8th and 9th, 2013, BCC Regular Meeting Minutes. COMMISSIONER HENNING: Move to approve. CHAIRWOMAN HILLER: May I have a second? Page 12 February 12, 2013 COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2E JANUARY 14, 2013 BCC/CRA JOINT WORKSHOP MINUTES — APPROVED CHAIRWOMAN HILLER: Next item is approval of the January 14, 2013, BCC/CRA Joint Workshop Minutes. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Commissioners, there's no service awards this morning. Item #4 PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT THE PROCLAMATION — ADOPTED Page 13 February 12, 2013 Item #4A PROCLAMATION DESIGNATING FEBRUARY 2013 AS CAREER AND TECHNICAL EDUCATION MONTH IN COLLIER COUNTY. ACCEPTED BY YOLANDA FLORES, PRINCIPAL, LORENZO WALKER INSTITUTE OF TECHNOLOGY AND DENISE DUZICK, ADMINISTRATOR, LORENZO WALKER INSTITUTE OF TECHNOLOGY — ADOPTED MR. OCHS: That takes us to Item 4 on your agenda, proclamations. Item 4A is a proclamation designating February 2013 as Career and Technical Education Month in Collier County. To be accepted by Yolanda Flores, principal, Lorenzo Walker Institute of Technology; and Denise Duzick, administrator, Lorenzo Walker Institute of Technology. This proclamation is sponsored by Commissioner Fiala. If you'd please step forward and receive your award. (Applause.) COMMISSIONER FIALA: Yolanda is a member of our Kiwanis Club, our East Naples Kiwanis Club, by the way, and Denise and I go back a hundred years. Well, maybe not a hundred. Item #4B PROCLAMATION DESIGNATING FEBRUARY 2013 AS SCOUTING MONTH IN COLLIER COUNTY. ACCEPTED BY BURT SAUNDERS, ALLIGATOR DISTRICT CHAIRMAN; JAMES GILES, ALLIGATOR DISTRICT EXECUTIVE; BILL COEN, VICE PRESIDENT, SOUTHWEST FLORIDA BOY SCOUTS OF AMERICA; AND BILL POTEET, EXECUTIVE Page 14 February 12, 2013 BOARD MEMBER — ADOPTED MR. OCHS: Commissioners, the next item is Item 4B, and that's a proclamation designating February 2013 as Scouting Month in Collier County. To be accepted by Burt Saunders, Alligator District chairman; James Giles, Alligator District executive; Bill Coen, vice president, Southwest Florida Boy Scouts of America; and Bill Poteet, executive board member. This item is sponsored by Commissioner Henning. Please come forward. COMMISSIONER HENNING: Madam Chair, may I read this proclamation while they're coming up? CHAIRWOMAN HILLER: I appreciate if you would. Would you like to stand at the podium, or would you like to read it from the dais? COMMISSIONER HENNING: No. I feel more comfortable here. Thank you. Whereas, the Boy Scouts of America is a true American institute chartered by the United States Congress instilling timeless values in our youth since its foundation in 1910; and, Whereas, the national youth movement has made serving others through its value-based programs its mission; and, Whereas the Boy Scouts of America has helped millions of youth succeed in life by living the Boy Scout Oath Law; and, Whereas, the Boy Scouts of America is committed to offering an opportunity of scouting and its outdoor adventures to all youth regardless of race, creed, nationalities, or economic status; and, Whereas, the Boy Scouts of America South Florida Council and its cub scout packs, boys -- Boy Scout troops, venturing crews, explorer posts, and learning-for-life programs are celebrating scouting's 103rd anniversary in America; and, Whereas, there are more than 120 community organization and Page 15 February 12, 2013 3,775 dedicated volunteers that make scouting available for more than 19,000 youth members in Southwest Florida who participate in scouting programs and -- as a means of chartering -- building character, citizenship, training, and personal fitness; and, Whereas, the Boy Scouts of America is the largest organization in Collier County providing youth leadership training to over 1,000 youth and 400 adult volunteer participating; and, Whereas, citizens of Collier County express their appreciation to everyone who participates in the Boy Scouts of America, has created a great a youth leadership program in the world. Now, therefore, be it proclaimed that the Board of Commissioners of Collier County, Florida, that February 13th be designated as Scouting Anniversary Month. Would the Boy Scouts' leadership come up and accept the proclamation. (Applause.) COMMISSIONER FIALA: We have two Eagle Scouts standing right up here in front -- three. Where's the -- oh, my goodness. I didn't even see you. (Applause.) Item #5B PRESENTATION TO RECOGNIZE CONTRIBUTIONS MADE BY SIX EAGLE SCOUTS TO CONSERVATION COLLIER PRESERVE LANDS — PRESENTED MR. OCHS: Commissioners, the companion item to this proclamation is a presentation -- it's presentation 5B on your agenda -- to recognize contributions made by six Eagle Scouts to Conservation Collier preserve lands, and Mr. Poteet will begin the presentation. MR. POTEET: Good morning, Commissioners. I get the Page 16 February 12, 2013 opportunity to wear two hats this morning. And I'm now wearing the hat of the chairman of Conservation Collier Land Acquisition Committee. And we're very proud of the fact that six Eagle Scouts have gone and worked on our preserves and provided a great community service. The Eagle Scout is a rank that -- it's the highest rank that any boy can achieve in scouting. They have to go through a lot of things to get there. They have to go through the rank of tenderfoot, second class, first class, star, life, and then they get to work on their eagle. Part of the eagle requirement is they have to complete 21 merit badges, of which 11 are required. And they also have to demonstrate leadership within their unit or within part of the scouting movement. And then they have to run a project, and this is where we get the public benefit. It's a community project. But an Eagle Scout project is just not going out and making a couple benches here and there. They have to organize it. They have to figure out where the material is coming from. They have to bring in the labor force to do it. They have to demonstrate leadership. And it's an involved project, and each one of these boys have done that and accomplished that and have since attained the rank of eagle. In the scouting movement, there are millions and millions of people went through -- have gone through the program, and less than 2 percent of all scouts attain the rank of Eagle. So this is a very prestigious award. And at this time I'd like to introduce Alex Sulecki, the coordinator for Conservation Collier, who's going to make a presentation. MS. SULECKI: Good morning. And for the record, Alex Sulecki, coordinator of your Conservation Collier Program. And I'm here today to present for recognition -- and, Bill, could you have the gentlemen, the young men, come up front here so we can see them again? Thank you. Page 17 February 12, 2013 MR. POTEET: I'll stand with you so you feel comfortable. MS. SULECKI: I'm here today to present for recognition to the Board of County Commissioners and the community six young men, three of whom are here with us this morning, who have designed, built, and installed various items to benefit the public at Conservation Collier Preserves as a part of earning their Eagle Scout rank. We appreciate the conservation -- the scouting organization that has set up these Eagle Scout designations and what must be done to earn it, which is a lot, as Bill detailed. We appreciate the projects these exceptional young men have provided for us. And I'd like to show some of them to you. Mr. Anthony is not here today, but he built and installed 10 picnic tables at Pepper Ranch Preserve. Trey Blackman, who is here today, he built and designed, installed benches, table, and a woodpecker interpretive sign at Nancy Payton Preserve. Tom Zeleznik, who is not here this morning, he built bat boxes, eight bat boxes at Pepper Ranch Preserve. Daniel Cox, who is here this morning, he built, designed benches, tables, and horse mounts and tethers at Pepper Ranch Preserve, which is extremely appreciated by our horseback riding visitors. Tyler Carlson, who is not here this morning, designed and built benches and a seating area at Cocohatchee Creek Preserve. This is right next to the Veterans' Park. So if you have a chance on your way down, look on the left, and you'll see it. And Nick McNamara, who designed and built 10 kissing gates. These are special gates that allow people to hike our caracara prairie preserve but allow the -- but keep the cows in. And so you see one of them here. He built nine for his Eagle Scout and one extra as a volunteer donation. So I would like to say thank you very much, Eagles Scouts. (Applause.) Item #4C Page 18 February 12, 2013 PROCLAMATION DESIGNATING FEBRUARY 17-23, 2013 AS ENGINEERS WEEK IN COLLIER COUNTY. ACCEPTED BY RALPH VERRASTRO, P.E., CALUSA CHAPTER PRESIDENT; NORMAN TREBILCOCK, P.E., CALUSA CHAPTER VICE PRESIDENT; ALISON BRADFORD, P.E., CALUSA CHAPTER PAST PRESIDENT; AND MARLENE MESSAM, P.E. CALUSA CHAPTER PAST PRESIDENT — ADOPTED MR. OCHS: Madam Chair, that takes us to Item 4C. It's a proclamation designating February 17 through the 23rd, 2013, as Engineers' Week in Collier County. To be accepted by Ralph Verrastro, P.E., Calusa chapter president; Norman Trebilcock, P.E., Calusa chapter vice president; Alison Bradford, P.E., Calusa chapter past president; and Marlene Messam, P.E., Calusa chapter past president. This item is sponsored by Commissioner Coyle. If you'd please step forward. (Applause.) MR. VERRASTRO: I have a few prepared remarks here. My name is Ralph Verrastro, and I am the current president of the Florida Engineering Society, Calusa chapter, which includes Collier County. I work for Stantec Consulting Services, and my technical expertise is in bridge engineering. I would like to thank the Collier County Board of Commissioners for this proclamation on behalf of the Florida Engineering Society. As you may be aware, the stereotypical engineer is quiet and reserved; however, next week is Engineers Week, so now is the time of year we try to make some noise and raise awareness about our quiet contributions to society. The public takes many of the comforts of their daily lives for granted, and the work of engineers is many times unappreciated. Here Page 19 February 12, 2013 are five examples of daily events where the work of an engineer has made all of our lives more comfortable. Number one, driving your comfortable car over a major river crossing over a safe bridge. Number two, drinking a glass of clean water with the confidence that indoor plumbing is near by. Enjoying the comforts of your home and office regardless of how hot or cold the weather is outside. Number four, using a hand-held device -- you remember we used to call these telephones -- to communicate with a person on the other side of the world via voice, text, email, Internet sites, Twitter, Facebook, Skype, and on and on and on. And lastly, flying in an airplane and safely landed to your intended destination, and maybe you have your baggage, but that's another thing. But again, thanks again. We appreciate this, and please consider taking an engineer to lunch next week. (Applause.) Item #4D (Added Per Agenda Change Sheet) PROCLAMATION DESIGNATING FEBRUARY 12, 2013 AS FRANK OAKES DAY OF REMEMBRANCE IN COLLIER COUNTY IN RECOGNITION OF HIS CONTRIBUTIONS OF THE COMMUNITY. ACCEPTED BY FAMILY MEMBERS — ADOPTED MR. OCHS: Commissioner, that takes us to our add-on proclamation. It's Item 4D. It's a proclamation designating February 12, 2013, as the Frank Oakes Day of Remembrance in Collier County in recognition of his contributions to the community. This item will be accepted by members of the family and is presented by Commissioner Hiller. Page 20 February 12, 2013 CHAIRWOMAN HILLER: Thank you. Last week, very sadly, Frank Oakes passed away, and it's with really deep regret that we say goodbye today. I would like to read the proclamation and ask everybody to stand for a moment of silence to remember a wonderful man. Whereas, local farmer and entrepreneur Frank Oakes was a pioneer in the art of organic farming and living; and, Whereas, Mr. Oakes, a second generation farmer, began his journey at an early age in his father's roadside markets; and, Whereas, after leaving the army, he opened a small fruit stand in Fort Myers before expanding his operation with the purchase of farmland in Eastern Collier County; and, Whereas, these efforts evolved into Oakes Farm, known for its tomatoes, kale, and strawberries and the opening of the all-organic Oakes Farm Market and Food and Thought store; and, Whereas, Mr. Oakes, who cultivated a strong following and lived by the motto "Don't worry 'bout nuttin'. Everything's going to be all right" leaves behind his wife, two sons, several grandchildren, and the countless others who served as patrons of his business; and, Whereas, it is with sadness but great pride that we remember Mr. Oakes for his true commitment to healthy and organic living and honor the legacy left for the residents of Collier County. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 12, 2013, be designated as Frank Oakes Day of Remembrance. Done and ordered this 12th day of February 2013 by the Board of County Commissioners of Collier County. A moment of silence in Frank's memory. Thank you. And if I may now ask his family to come forward to accept the proclamation. And if you'd like to share a few words, we'd appreciate hearing from you. Thank you. Could you just step to the podium. Page 21 February 12, 2013 MR. OCHS: Ma'am, could we get a photo, please -- CHAIRWOMAN HILLER: Sure. Let's do that first. MR. OCHS: -- before we have the comment. CHAIRWOMAN HILLER: Sure. Thank you. MR. OAKES: I just would like to say that I think my father would be humbled by the beautiful service that we had the other day and also by the recognition from everyone here. I think the greatest honor we might bestow on him would be to, at some point, try to get the poison out of our water. I think that would make him very happy. But he's definitely left us too early, but I think his spirit's still going to live through Food and Thought and the community, and we're going to try and do our best to keep his dream alive, and just thank you so much for taking the time to honor him. CHAIRWOMAN HILLER: And in his memory, I'll bring that item back on the agenda. So I hope you're here to speak to it. You'll have three minutes. MR. OAKES: I'll do my best. CHAIRWOMAN HILLER: Thank you. Thank you very much. MR. OAKES: I'm not quite as vibrant as he was, but I'll do my best. CHAIRWOMAN HILLER: And he will be very missed. Thank you. (Applause.) COMMISSIONER HENNING: Madam Chair, I attended the memorial service this weekend at the First Baptist Church, and I would -- I would think the minister would be proud if that church filled -- if that was filled every Sunday like it was in the remembrance of Frank Oakes, and including the governor and Chuck Mangione, who did a tribute to Frank Oakes. And I would just like to say that I appreciate the guidance that Frank has given me over the years. CHAIRWOMAN HILLER: And me. Page 22 February 12, 2013 COMMISSIONER HENNING: Yeah. COMMISSIONER NANCE: And I'd also like to add a little bit at that. You know, it's very rare that somebody who makes their life's work and their profession agricultural and fruits and vegetables gets a lot of recognition. But, you know, Frank Oakes was a larger-than-life character in our community that will long be remembered for, you know, his friendships, his courtesy, his great charity to people. And, you know, what a loss we've suffered. But, you know, we have some goals to aspire to, so we'll miss him very much. CHAIRWOMAN HILLER: Thank you. MR. OCHS: Commissioners, if I may have a motion. COMMISSIONER HENNING: Move to approve the proclamations as read. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Madam Chair, that takes you to Item 5 on your agenda this morning, presentation. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR FEBRUARY 2013 TO THE 360 MARKET. ACCEPTED BY REBECCA MADDOX, OWNER — PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for February 2013 to 360 Market. To be Page 23 February 12, 2013 accepted by Rebecca Maddox, owner, and Nancy Casey. (Applause.) CHAIRWOMAN HILLER: Congratulations. Thank you so much. COMMISSIONER FIALA: Could I just say a couple words, just fast? CHAIRWOMAN HILLER: Absolutely. COMMISSIONER FIALA: I want to tell you that Marketplace 360, Rebecca Maddox, have brought a great deal of pride to the Bayshore area, and it's amazing how many people come from all around the county just to eat at this marvelous place, clean as a whistle. Everything is top notch. And I just want to say how happy I am that you brought all of this pride to that community. Thank you. MS. MADDOX: Thank you, Commissioner Fiala. Right back to you, because I feel like we stand on your shoulders. Without the work that you did prior to us buying the old Tipsy Seagull on Bayshore, we wouldn't be receiving this award. So we all say that every day, the enormous contribution that you've made to Bayshore, which has had a very interesting past, as most of you know. And when we first purchased the property, "village idiot" was used often to say, you know, Rebecca, Nancy, what are you doing? No one will go to Bayshore. And a year -- almost a year later, March 5th is our one-year anniversary, we have 10 full-time employees who worked 40 hours a week all through the non-season. We serve approximately 400 people a day. Many of them, maybe 80, 90 percent who are locals, many of them from East Naples, but also from the other side of the bridge. We've had no incidents whatsoever of crime. No homeless loitering, trash, nothing. I think the community as a whole has rallied around us. Most of the people who are there have been there multiple times. So we accept this, but we know it's a combination of the work of Page 24 February 12, 2013 Commissioner Fiala and the rest of the commissioners, the local people who threw $20 in the tip jar just to make sure that we survived the summer and who have told their neighbors. So we just can't be appreciative enough. And if the engineers are looking for a place to go for lunch, 360. Thank you. Thank you very much. (Applause.) Item #5C PRESENTATION TO RECOGNIZE THE LOCAL EFFORT TO PROMOTE THE NATIONAL FARM-CITY COUNCIL'S MISSION TO STRENGTHEN UNDERSTANDING OF FARM-CITY CONNECTIONS THAT PROVIDE OUR FOOD, FIBER AND SHELTER; TO RECOGNIZE COLLIER COUNTY COMMUNITY'S FARM CITY BARBEQUE ORGANIZATION AND ITS ANNUAL FARM CITY BARBEQUE; TO ANNOUNCE AWARD OF GRANTS TO YOUTH ORGANIZATIONS BENEFITING FROM THE FARM CITY BARBEQUE; TO ACKNOWLEDGE THE GOOD WORK OF THE FARM CITY BARBEQUE; AND FOR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO PROMOTE AND ENCOURAGE CONTINUED COMMUNITY SUPPORT OF THE ANNUAL FARM CITY BARBEQUE — PRESENTED MR. OCHS: Item 5C is a presentation to recognize the local efforts to promote the National Farm-City Council's mission to strengthen understanding of the Farm-City connection that provide our food, fiber, and shelter; to recognize the Collier County community's Farm-City Barbecue organization and its annual Farm-City Barbecue; to announce the award of grants to the youth organizations benefitting from the Farm-City Barbecue; to acknowledge the good work of the Page 25 February 12, 2013 Farm-City Barbecue; and for the Collier County Board of County Commissioners to promote and encourage the continued community support of the annual Farm-City Barbecue. And this item is sponsored, I believe, by the entire commission. COMMISSIONER HENNING: Good morning. COMMISSIONER NANCE: Thank you so much. CHAIRWOMAN HILLER: Congratulations. COMMISSIONER HENNING: Everybody pay attention to Cyndee. She's going to orchestrate this whole thing. (Applause.) MS. WOOLLEY: Good morning, Commissioners. For the record, my name is Cyndee Woolley, and I'm the immediate past chair of the Farm-City Barbecue. Unfortunately, our 2012 chair, Blake Gable, was called away unexpectedly on business and is unable to join us today. Our goal with the Farm-City Barbecue is to bring together the business and agricultural leaders of our community. As those of you who were there know we had some very long lines this past year, and we set a record attendance of 1,350 attendees, something that we're very proud of. And in the spirit of building our community, we also want to help grow our next generation of leaders. Proceeds from the Farm-City Barbecue are shared among non-profit organizations with established leadership programs for Collier County children. With support from our sponsors such as Barron Collier Companies, Waste Management, Arthrex, Collier Enterprises, First National Bank of the Florida Gulf Coast and, of course, Naples Daily News, we also set a new record in fundraising with a total of $45,179 that will be shared among the 4-H association of Collier County, Youth Leadership Collier, the Junior Deputy League of Collier County, and key clubs. Commissioner, I want to thank you for your commitment and Page 26 February 12, 2013 ongoing support of the Farm-City Barbecue. Our next chair will be -- that will be taking the reins is Sheriff Kevin Rambosk, and he has some exciting plans for our next city location. So we really look forward to coming back and seeing you again in November. Thank you. (Applause.) SHERIFF RAMBOSK: Good morning, everyone. Kevin Rambosk, Collier County sheriff. Just wanted to take this opportunity, since I am going to be the incoming chair, and there are so many celebrity servers here, or the potential of, I'm going to invite everybody here to next year, because we are going to have a great time. More importantly, it does support the youth of Collier County. Thank you very much. CHAIRWOMAN HILLER: And you would like us -- COMMISSIONER HENNING: Where's it going to be? CHAIRWOMAN HILLER: Where is it going to be? SHERIFF RAMBOSK: We are going to have the unveiling very shortly. So we're not ready to do that right this second. CHAIRWOMAN HILLER: And I assume, Sheriff, that you would like us all to commit on the record so can't say we have some other engagement -- SHERIFF RAMBOSK: Exactly, on the record. CHAIRWOMAN HILLER: -- a year from now? SHERIFF RAMBOSK: Yes. CHAIRWOMAN HILLER: Okay. Well, on the record, I promise to serve. SHERIFF RAMBOSK: Please just use it as a hold-the-place. It's on the usual date, so the day before -- the Wednesday before we normally have it. So thank you very much, everybody. CHAIRWOMAN HILLER: Thank you. Page 27 February 12, 2013 MR. OCHS: Madam Chair, you have a 9:45 a.m. time-certain. You also have two more presentation items. Would you like to finish those or go to the time-certain at this point? CHAIRWOMAN HILLER: I think that we can dispense -- if the clerk would be willing, could we dispense with the two presentations quickly? I think we'll just go forward with that and then move to the 9:45. Item #5D PRESENTATION OF A DONATION OF ARTWORK TO THE BOARD OF COUNTY COMMISSIONERS FROM THE GALLERY ON FIFTH. PRESENTED BY OLGA ARKHANGELSKAYA — PRESENTED MR. OCHS: Very well. Item 5D is a presentation of a donation of artwork to the Board of County Commissioners from the Gallery on Fifth. This artwork is being presented by Olga and Lisa Arkhangelskaya, and this item is brought to the board by Commissioner Hiller. Good morning, ladies. Please come forward. (Applause.) CHAIRWOMAN HILLER: I just have to share a few words. We are very fortunate here in Collier County to have many who support the arts and also who bring an international flavor to the community, which helps promote our tourism industry. These wonderful ladies just opened a beautiful art gallery in Mercato, and I was invited to the opening. And they presented a piece of original Russian art to Collier County, which I asked be presented to the board for acceptance today. This is exactly the kind of business we'd like to see come to the county. So we want to thank you very much for opening up in Page 28 February 12, 2013 Mercato, which is an incredible center, and for promoting art and culture. Thank you. (Applause.) MR. OCHS: Thank you, ladies. CHAIRWOMAN HILLER: You have to speak at the podium. MR. OCHS: Ma'am, come on over to the podium. MS. ARKHANGELSKAYA: Olga Arkhangelskaya. I just want to say -- to show the artwork and say that it's presented by famous Russian artists who is called the most striking out of Russian contemporary artists, Alexander Zolitsaf (phonetic). And the name of the painting is "Ballet Dancing," and the subject is "not random." We think that the intricacy of this dance is very much akin to everyday work of Collier County Government. If you have time, if you're not tired, if you'll allow us two minutes to make a short presentation about who we are and what our business is, that would be great. I'll say a few words -- COMMISSIONER COYLE: You need to get that mike. MS. ARKHANGELSKAYA: I'll say a few words about our gallery, and Lisa will show beautiful images of our art so not to keep you too -- bored too much. So Gallery on Fifth has been opened in the year 2000 in 5th Avenue, and right now we're not on 5th Avenue. We are in Mercato, as Georgia mentioned. We have wonderful expansive room, more than 3,000 square feet. And everyone who happens to be in Mercato for lunch and dinner, please stop by our gallery. It's still Gallery on Fifth, and we'll give you a personal tour, we promise. Gallery on Fifth has presented itself as a Russian art gallery. Why Russian art? First of all, it's beautiful. It's diverse. It not only includes the art from the mainland of Russia; we present art from Siberia, from Central Asia, from Lithuania, and Moldova, from all expanse of Soviet Union, and now Russia. Page 29 February 12, 2013 For example, we have a -- in addition to wonderful artwork and paintings, we have the most striking collection of Siberian daggers, which we wanted to bring here but decided not to challenge the security here. But you can still see it in our gallery. Gallery on Fifth has been voted three times the best gallery in Southwest Florida. Voted, so thank you very, very much. We have to thank the community for its support. So why Gallery on Fifth has such a wide support? First of all, it's -- first of all, it's beautiful artwork that present. It's rare. I think it's really, really fine artwork that we bring directly from artists to Naples, directly to Naples. We are very much involved in there. We see our goal as involvement in the community, growth in the community, education, so we do multiple lectures and presentations and talks to various interest groups, to schoolchildren, to country clubs, so wherever we feel they need it and the need to talk about Russian culture and Russian history. And second of all, I think Gallery on Fifth contributes to community development as well, at least we aspire to do so. Naples has situated itself as an art destination, and the economic crisis hurt arts center of Naples the most severe way. Many galleries closed and left the area, and we dare to say that we are probably the last really fine art gallery who -- left in Naples. And we aspire not to stop here. We aspire to grow from the retail art gallery into, we dare to say, into the museum -- Russian Museum of Naples. So I want to thank, again, Georgia Hiller for her support of our venture and of Collier County artistic development. That's about it. Thank you very much. CHAIRWOMAN HILLER: Thank you. MS. ARKHANGELSKAYA: And everybody please come and see us at Mercato. Page 30 February 12, 2013 CHAIRWOMAN HILLER: Thank you. Item #5E RECOMMENDATION TO RECOGNIZE KELLY ARNOLD, ACCOUNTANT, PUBLIC UTILITIES DIVISION AS THE SUPERVISOR OF THE YEAR 2012 — PRESENTED MR. OCHS: Commissioners, Item 5E is a recommendation to recognize Kelly Arnold, accountant from public utilities division, as the supervisor of the year for 2012. Kelly, if you'd please come forward. (Applause.) COMMISSIONER HENNING: Congratulations. CHAIRWOMAN HILLER: Congratulations, Kelly. COMMISSIONER FIALA: Hi. Congratulations. COMMISSIONER COYLE: Congratulations. MR. OCHS: Commissioners, Kelly's been selected as Supervisor of the Year for 2012 from among a pool of candidates that were nominated and selected by an employee committee. She's been an employee of the county since March of 2010 serving as our fiscal group supervisor in public utilities. She played an integral part of the Clerk of Courts and BCC Process Improvement Team where she's taken an active role in the implementation of our accounts payable process improvement solution, including electronic work flow and approval of invoices. Kelly's team has processed over 14,000 invoices in Fiscal Year 2012 in addition to working with vendors and client departments to resolve invoice issues. Kelly's also credited with saving the division thousands of dollars each year by taking advantage of early payment discounts and identifying services that may no longer be needed. Page 31 February 12, 2013 She leads her team with determination, compassion, and humor, while encouraging each team member to reach their maximum potential. Kelly is truly deserving of the title Supervisor of the Year. And, Commissioners, it's my honor to present Kelly Arnold, accountant, as Supervisor of the Year for 2012. Congratulations, Kelly. (Applause.) MR. OCHS: Thank you, Kelly. CHAIRWOMAN HILLER: Thank you. MR. OCHS: Madam Chair, that now takes us to our 9:45 time-certain. I appreciate -- CHAIRWOMAN HILLER: County Manager, before we move on, I'd like to ask for a motion to accept the donation of artwork to the Board of County Commissioners. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, ma'am. Item #13A ORDINANCE 2013-20: EMERGENCY DISCUSSION WITH THE BOARD OF COUNTY COMMISSIONERS REGARDING AN Page 32 February 12, 2013 EMERGENCY ISSUE IN THE PELICAN BAY SERVICES DIVISION ELECTIONS AND TO ASK THE BOARD TO ADJUST THE DATES OF THE EVENTS SURROUNDING THE ELECTION TO INSURE COMPLIANCE — ADOPTED MR. OCHS: Item 13A, the item to request discussion with the Board of County Commissioners regarding an emergency issue in the Pelican Bay Services Division elections and to ask the board to adjust the dates of the events surrounding the election to ensure compliance. Mr. Brock is here to present. MR. BROCK: Commissioners, my name's Dwight Brock. I'm the Clerk of the Circuit Court of Collier County. As the board is aware, whenever there are vacancies in the membership of the Pelican Bay Services Division MSTBU Advisory Board, there's an election process that we go through. The Board of County Commissioners makes some decisions with regard to the dates and identifies the candidates. We went through this process this year. We started the balloting process, sent the ballots out. They began returning. As they began to return, we had individuals who called us up and asked us where their ballots were. We had other individuals who called us up or sent in their ballots saying that they no longer lived at the address where the ballots were sent. We began exploring those issues with the property appraiser, Abe Skinner, and his office and discovered that through a process of them altering or changing their computer system and the programming mechanisms that were in place, human error took place, and we received improper names and addresses of the residents of the designated date. We worked with Mr. Skinner's office and Mr. Skinner's staff, and we corrected the problem. We now have, we hope, a corrected membership in the district and proper addresses. It's human error, ladies and gentlemen. I mean, nobody's to Page 33 February 12, 2013 blame. We're all human beings, and we have a tendency every once in a while to be imperfect, and that's exactly what we're dealing with. There are a couple things that I need you to do. I'm sorry for the emergency, but we worked with Jeff in the County Attorney's Office to try to address this issue to maintain the balloting date, that being the date in which you would appoint the members to the board to remain the same, and we had to expedite the process. But here's what I need from you or I would ask from you today, and that is to invalidate the election as it took place in conformance with the guidelines and directions that you gave for the ballot as it was. The next thing I would ask you to do is to designate certain dates, one of which is the date of February the 20th as the last date to mail the ballots. I would also ask you to designate March the 22nd as the election day, that being the day in which the ballots must be received in the Clerk's Office by 5 p.m. in order for them to be valid. On March the 25th there will be a public meeting between the clerk and the County Attorney's Office for review of the ballot tabulations. That is a public meeting in which any member of the public may attend and participate in that process. And then on March the 26th, that would be the meeting date for the Board of County Commissioners to appoint the new members who received the majority of the votes. Mr. Klatzkow, can you think of anything else we need to do? MR. KLATZKOW: No, sir. MR. BROCK: I would ask that you -- COMMISSIONER NANCE: That said, I will make that motion. CHAIRWOMAN HILLER: I'll second. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER HENNING: Third. Page 34 February 12, 2013 CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. BROCK: Thank you very much. We will get the ballots back out to the citizens of Pelican Bay so the process can begin in earnest immediately. COMMISSIONER NANCE: Thank you. MR. BROCK: Thank you. MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Yes. If you would just give me one minute; I need to sign this so that they can move forward. MR. OCHS: Sure. CHAIRWOMAN HILLER: Go ahead. MR. OCHS: Ma'am, before we move to our 10 a.m., I thought you may want to consider the single public petition along with Item 10D, which was Commissioner Henning's item related to the spearfishing item, if we might. CHAIRWOMAN HILLER: That would be fine. Item #6A PUBLIC PETITION REQUEST FROM BILL D'ANTUONO REGARDING THE USE OF SPEARS TO CONTROL THE OVERPOPULATION OF LION FISH - PRESENTED WITH ITEM #10D Page 35 February 12, 2013 Item #10D RESOLUTION 2013-35: A RESOLUTION IN SUPPORT OF REMOVING THE BAN ON SPEARFISHING IN COLLIER COUNTY COASTAL WATERS, AND REQUESTING THAT THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) REPEAL THE SPECIAL ACTS AND/OR RULES DESIGNATED AS CHAPTERS 27473 (1951) AND 30665 (1955) — ADOPTED MR. OCHS: So let's go to Item 10D, if we might, Commissioners, on your agenda. It's a recommendation to adopt a resolution in support of removing the ban on spearfishing in Collier County coastal waters and requesting that the Florida Fish and Wildlife Conservation Commission repeal the special acts and/or rules designated as Chapters 27473 and 30665. And this item was brought forward by Commissioner Henning. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Madam Chair, it's my opinion this is a good item. That's why I have it on the agenda, because it's my opinion we should adopt the resolution and send it up to Florida Wish and Wildlife; however, Bill has a lot of knowledge not only on the lionfish, but the rules and regulations governed in the State of Florida and all counties except for Collier County on spearfishing. And those rules and regulations are enacted by the Florida Fish and Wildlife. CHAIRWOMAN HILLER: I couldn't agree more. Do we have a public speaker on this agenda item? MR. MILLER: We have the public petition, and that's it. We don't have a registered public speaker for Item 10D. CHAIRWOMAN HILLER: How would you like to proceed, Commissioner Henning? Page 36 February 12, 2013 COMMISSIONER HENNING: I think Bill has a small statement, and he -- I'm sure he'll stand for any questions or comments. CHAIRWOMAN HILLER: Bill, would you like to come to the podium and present your statement? MR. OCHS: Madam Chair, then we'll present this as 6A, the public petition request -- CHAIRWOMAN HILLER: Yes. MR. OCHS: -- from Bill D'Antuono regarding the use of spears to control the overpopulation of lionfish. CHAIRWOMAN HILLER: Thank you. MR. D'ANTUONO: Hello, Commissioners. Thank you for allowing me to speak with you today. My name's Bill D'Antuono. I work at Scuba Ventures. I'm a dive con and have been diving since I was 13 and hunting lionfish mostly on the east coast for a little over two years. I've seen them grow on the east coast. I've seen them out here in the gulf more frequently on dives. So when a friend of mine caught one in front of the Ritz on hook and line, I had to do something about it. I'm here today to petition to lift the ban on spearfishing in Collier County and have you guys request Florida Wish and Wildlife Commission to revisit Collier County's current laws against spearfishing where lionfish are currently illegal to spearfish in Collier County waters. I'm also here to speak about the invasive lionfish and how they have been seen more and more here in Collier County. Right now Collier County is the only county in Florida with an outright ban on spearfishing. The antiquated ban should be lifted to allow local fisherman to rightfully, responsibly, and legally harvest fish like the rest of the state. Lifting the ban will also enable spearfisherman to target lionfish and allow me to promote events such as lionfish tournaments to Page 37 February 12, 2013 happen easier and closer to shore. The State of Florida already has provisions in place for spearfishing, which Collier County would adopt, such as not being allowed to spearfish near bridges, piers, jetties, or a hundred yards from public beaches. Adopting provisions would make for a smooth transition once the ban is lifted. The removal of the spearfishing ban will benefit Collier County in the following ways: It will boost interest in local scuba diving, it will give the public access to public resources, help with local lionfish tournaments, help control lionfish populations, and spearfishing is a more ecofriendly form of spearfishing due to -- you're not using a monofilament which plagues reefs, fish, and birds indefinitely. Spearfishers -- spearfishermen are the only line of defense we have against the invasive lionfish. There is not one species of fish locally that preys on lionfish in local waters and recently have spotted them more and more frequently out here right off Collier County's beaches. Once they are here and established, the lionfish will multiple very, very rapidly. They can lay 30,000 eggs every four days, and nothing eats the eggs, nothing preys on the lionfish. There have been many successful grass-roots effort, just like this one, all around the Caribbean where spearfishing is not allowed, and lionfish overpopulation is a huge problem. And this is not just a local issue. This is a whole Caribbean and the east coast of Florida issue. Public education and understanding of the effects of lionfish are very important, and lionfish also make for a very tasty meal. Only their spines contain the venom, and the meat is very, very good. And restaurants in the Florida Keys are already serving lionfish regularly. Lionfish are bad for Collier County and invasive waters because of the following reasons: They have no natural predators; spearfishermen are the only ones that hunt them and can get rid of Page 38 February 12, 2013 them; they can produce at an alarming rate; and they can destroy up to 90 percent of reefs' population of little fish, like snapper, grouper, and other tropical reef fish that the state and the FWC area has extensive provisions to prevent overfishing and stuff like that; the threat -- and also the threat of lionfish to beachgoers and tourists being stung by lionfish. I have some people here today that made it down from Sarasota. I have Brian Floosh (phonetic) here and a couple other people that are working directly in investigating lionfish and trying to, you know, come up with a solution for everything. These people understand the effects and exponential growth of lionfish and have seen them seemingly appear out of nowhere and grow in population and size on reefs over recent years. This story has been covered on Wink, NBC, Naples Daily News, and Facebook. If you have not seen the news coverage, I have included it in the packet I will give you with the petition signature list. And thank you for allowing me to be here today. And if you have any questions, I would like to hear them. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Your petition is focusing primarily on lionfish, but I believe that Commissioner Henning's recommendation is that we lift the ban on spearfishing for all fish. Is that your preference? Is that what you petitioned us -- MR. D'ANTUONO: Well, my petition is to end the ban of spearfishing. COMMISSIONER COYLE: You want to lift the ban on spearfishing entirely? MR. D'ANTUONO: Right, exactly, just like the rest of Florida have the same rules that apply there. COMMISSIONER COYLE: Okay. I just wanted to clarify that. Thank you. CHAIRWOMAN HILLER: Commissioner Nance? Page 39 February 12, 2013 COMMISSIONER NANCE: Yes. I want to thank Commissioner Henning and you, Bill, for bringing this forward. I think eating this invasive fish is a very innovative control method that we should engage immediately, and I think -- I fully support your effort to make Collier County regulated as all other counties are. So thank you very much. MR. D'ANTUONO: Thank you. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I've been in communication with the executive director of FWC. The commission has a meeting tomorrow in Orlando, and we're trying to get this on the agenda. So I would ask you, if this resolution passes, to sign it immediately -- CHAIRWOMAN HILLER: I will. COMMISSIONER HENNING: -- and have the clerk get it up to the Florida Fish and Wildlife. Bill, I want to thank you for making this issue visible not only to the Board of Commissioners but the whole community. If we don't get the control -- have control over the lionfish in our waters, it will devastate our reefs out in Collier County. So, Madam Chair, I'm going to make a motion to move the resolution. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? Page 40 February 12, 2013 (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. D'ANTUONO: Thank you. (Applause.) COMMISSIONER NANCE: Thank you very much. Appreciate it. COMMISSIONER HENNING: You want a picture with the resolution, Bill? CHAIRWOMAN HILLER: Yeah. Would you like a -- COMMISSIONER COYLE: Good morning. CHAIRWOMAN HILLER: What we'll -- COMMISSIONER HENNING: Anybody have a camera phone? CHAIRWOMAN HILLER: Bill, we'll do a photograph with the resolution. You can go ahead and hold it. COMMISSIONER HENNING: Who has the camera phone? MR. OCHS: We don't have a -- she's coming back up, if you'd just give us one second. COMMISSIONER FIALA: I had a question, if I might. CHAIRWOMAN HILLER: Oh, go ahead. COMMISSIONER FIALA: Commissioner Henning in his motion said, and have the clerk get it up there as quickly as possible. Are you supposed to now deliver that to the clerk, or do you get that up there yourself or what? COMMISSIONER HENNING: Well, the clerk always attests to the chairman's signature. In a communication with the clerk and the records office, they're going to email it up to the executive director. COMMISSIONER FIALA: Oh, okay, fine. I just wanted to know why that was said, because there's an urgency here; you said for tomorrow, so I was just wondering what that was about. COMMISSIONER HENNING: Yeah. They're going to email it up today and then FedEx it up to Fish and Wildlife office. And Bill's going to go up to Orlando and make sure it passes, right? Page 41 February 12, 2013 MR. D'ANTUONO: Yeah. When is it? COMMISSIONER HENNING: Tomorrow. MR. D'ANTUONO: Oh, I don't know. CHAIRWOMAN HILLER: County Manager? MR. OCHS: Would you like to proceed to the next item, ma'am? CHAIRWOMAN HILLER: The next item is a time-certain, I believe. MR. OCHS: Yes, it is. Item #11F RECOMMENDATION TO PROVIDE ADDITIONAL REVIEW OF THE NEXT PHASE OF SYSTEM EXPANSION FOR EMERGENCY MEDICAL SERVICES AND LAW ENFORCEMENT REQUESTED BY THE BOARD AT THE NOVEMBER 13, 2012 PUBLIC HEARING FOR THE ANNUAL UPDATE AND INVENTORY REPORT (AUIR)/CAPITAL IMPROVEMENT ELEMENT (CAPITAL IMPROVEMENT ELEMENT (CIE) UPDATE ON PUBLIC FACILITIES AS PROVIDED FOR IN CHAPTER 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE - MOTION FOR STAFF TO WORK WITH CHIEF SMITH — APPROVED; MOTION TO ADVANCE EMS EXPANSION ON THE AUIR/CIE SCHEDULE — APPROVED CHAIRWOMAN HILLER: 11F. MR. OCHS: It's Item 11F. It's a recommendation to provide additional review of the next phase of system expansion for Emergency Medical Services and law enforcement requested by the board at the November 13, 2012, public hearing for the Annual Update and Inventory Report/Capital Improvement Element, and Mr. Bosi will present. Page 42 February 12, 2013 MR. BOSI: Thank you, County Manager. Good morning, Commission. Mike Bosi, interim director of planning and zoning. We're here today to discuss an item that was requested at the November 13th, 2012, BCC public hearing where we adopted the Annual Update and Inventory Report. At that meeting, the chair and the rest of the commission expressed some concern with the timing of the improvements both for law enforcement as well as EMS and asked staff to bring back this additional information to discuss the potential revisiting of the dates associated with when those improvements are going forward. On EMS the next scheduled improvement is for Fiscal Year '16, '17, and that is a station at the Vanderbilt -- Vanderbilt and Logan location. And on law enforcement, it's '17, '18, and that's the eventual replacement of the temporary trailer that's at the Corkscrew Middle School on Oil Well Road. I have representatives from the Sheriffs Office, from facilities management, as well from Emergency Management Services all here to be able to round out whatever discussion point that the chair and the commission would like. Preference in terms of -- there was a PowerPoint that was provided by the sheriffs office. I think it's to help establish the need for the eventual replacement of that temporary trailer facility. If you would like, we can move on to the -- CHAIRWOMAN HILLER: Thank you. Thank you for giving us the update on some of the information requested. I believe that there are other projects that need to be introduced in the Capital Improvement Element, especially from the law enforcement side. So I would appreciate if Chief Smith could come to the podium and present what needs to be supplemented with what we've got in there as of right now. MR. SMITH: Thank you. For the record, Chief Greg Smith, Page 43 February 12, 2013 chief of administration for the Sheriffs Office. When we started developing this year's presentation of the AUIR, we had one need that hasn't been visited yet that was kind of like, you know, imploding and around us, and that was with regard to our evidence storage facilities and what's required in relation to what we have available. And part of the problem with that is, you know, when you have these criminal cases, a lot of times you have to, like, keep this evidence for years and sometimes forever, and we've quickly stripped out our ability to do some of that. We've had some meetings with Skip Camp and with other people with facilities, and we think that we've come up with a stopgap measure. That is to sublease the old D.R.I.L.L. academy back from the Department of Juvenile Justice and then to rehabilitate it to a state where we can probably get out of a crisis mode with regard to that and then give us the time to design and develop what we might need as a permanent solution that would be more suitable for that. The big drawdown with the D.R.I.L.L. academy is it's in Immokalee. It's, you know, a long way off, and you have to use a lot of foresight to make sure that you get that evidence over here so that it can be introduced along with a case in a timely fashion. But at least it gives us the ability not to be in a crisis management mode and to move forward, you know, with deliverance and speed necessary but also understand that what we want is a good solution, not just a solution. So that gives us some time to do that. Along with that is, you know, we've had discussions about the need for a permanent district substation in D4, the Golden Gate Estates area, for those who may not be familiar with the sheriff s District 4. We've been operating for over 10 years now out of a double-wide trailer. It has -- long ago has, you know, served its usefulness. I think it was great in establishing our presence out there. It was never meant to be a permanent fix. It's in the Capital Page 44 February 12, 2013 Improvement Plan. I just think that what we'd like to see is if some monies become available, that we can at least go to design phase with that. And we've had those discussions as well. And right now we're trying to land on a blueprint that would be suitable that would give us all the attendant things that we might need for such a facility and then just to determine an appropriate location closer to our call generators, closer to our populations centers, and then establish that as our permanent law enforcement base in the Estates. CHAIRWOMAN HILLER: And the task force? MR. SMITH: I'm sorry? CHAIRWOMAN HILLER: Task force? Out at the airport, I thought there was some need for additional facilities out there. MR. SMITH: I haven't had any discussions with Chief Williams related to his task force needs, so -- you know, right now we're in leased space there so, you know, if we -- CHAIRWOMAN HILLER: Well, it's not really leased space. You're talking about the airport building that you're currently using. MR. SMITH: Correct. CHAIRWOMAN HILLER: And just for clarification, for the record, we, as the board, have an obligation to give you what you need, so there really isn't a lease obligation, if you will. I mean, those are facilities that you have to have and we have to provide. So just -- MR. SMITH: I only know that we're paying rent. CHAIRWOMAN HILLER: Yeah. Well -- MR. SMITH: So in my mind that connotates lease, but I understand. CHAIRWOMAN HILLER: With that said, I think it would behoove us to ask that you work with our staff to modify the CIE to -- and the AUIR to include what you've presented here today. I think it's important that we get it included formally on the record so that it doesn't catch up with us down the road where we might forget what Page 45 February 12, 2013 you have said today and we're not prepared to provide, you know, what you need. So I would like to make a motion to direct staff to work with Chief Smith and the Sheriffs Office to modify the CIE and the AUIR based on his representations here today and any other considerations that he may think of as he works with you on the update, and to bring this back to the board when that's done for approval. COMMISSIONER HENNING: I'll second that. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. SMITH: Thank you, Board. Thank you, Madam Chair. MR. BOSI: Madam Chair, the next item that we had within the executive summary were related to EMS. The program was for the Vanderbilt and Logan station to be in Years '16 and '17. The issue related to that is the response times within Zone 42 -- Zone 42 being in North Naples. Currently, just with EMS responses, I believe we're meeting our levels-of-service goals 70 percent of the time. Of course, 90 percent of the time is our goal. When we include the response times of North Naples Fire, we're up to 83 percent. So we're close to achieving that goal. But in further discussions with EMS, that Vanderbilt and Logan is that ideal location. And just to provide the board with an additional assurance, Chief -- or Walter Kopka and myself, about three weeks ago, met with North Naples Fire to explore the potential of the Page 46 February 12, 2013 co-location opportunities within, I believe, their Building 48, which is on Livingston Road at the bend as it turns a little to the west north of Immokalee Road. Through discussions with Walter and Mr. Dave Stegman, the GIS analyst within EMS, that location would only provide about a third effectiveness in terms of where those call volumes and the need is. The true ideal location for that improvement is Vanderbilt and Logan. But what I wanted to convey is those conversations with North Naples have been ongoing and will continue to be ongoing in terms of exploring potential co-location opportunities. And one of the issues that we used to have in the past was our co-location opportunities were based around -- based upon an approach where we would lease the space from the individual fire districts. We've since modified that approach towards where we construct our portion of those buildings. And what that allows for us to do, it allows for us to include those inventories within our impact fee calculations, because one of the most problematic aspects of funding the next waves of improvements for EMS is our impact fees are based upon a schedule that only funds about 50 percent because of the lease space and inability to include lease space within the impact fee calculations. So we have identified that, and we've modified the approach in terms of how we enter into the co-location opportunities. So just to provide the assurance to the board that those conversations and those opportunities for co-location is something that the EMS is always trying to look and explore for the efficiencies and for the cost savings that's associated when it makes sense in terms of having the most effectiveness for the response time. So it's a double-edge kind of consideration. CHAIRWOMAN HILLER: Sounds like a double positive. Would Chief Kopka like to speak? Page 47 February 12, 2013 COMMISSIONER HENNING: And I think you want a motion to either add to the AUIR capital improvement or not? MR. BOSI: Well, it's -- we have it within our system at '16/'17. And one of the things I would probably say is in your consideration as your upcoming budget season arrives, you know, these needs for law enforcement and EMS, I guess, should probably be somewhere in the back of the mind for opportunities as to accelerating maybe a year on terms of when that improvement's going to be coming on. And I think that, to me, is the positive that we come away from the meeting identifying that maybe we need to accelerate these plans in terms of shortening the time frame before they're actually constructed. COMMISSIONER HENNING: So you're recommending that the board make a motion to direct staff to start budgeting for the site at Logan and Vanderbilt? MR. BOSI: I would say explore the opportunities to advance the schedule of construction within the budgetary restraints. MR. OCHS: Commissioners, you're going to be looking at your FY14 budget guidance document at your next board meeting, and part of these capital projects that you're addressing are always going to be considerations in our budget planning for the coming fiscal year. We're just going to have to balance those needs against available revenues and bring those decisions to the board for ranking and priority decisions. So we will address that as part of your FY14 budget capital improvement planning. CHAIRWOMAN HILLER: So if I understand, would you rather that we not make a motion with respect to this issue today, since this is a staff proposal, or would you prefer that we make a motion to accelerate it so that you can bring it back amended accordingly? MR. BOSI: Well, the bigger part of the Annual Update and Inventory Report is that it's an annual report. CHAIRWOMAN HILLER: Right. Page 48 February 12, 2013 MR. BOSI: We'll bring this back. We'll start this process again in April, before the county manager in August, before the Planning Commission in September, and back to the board in November, and we'll be able to -- based upon whatever opportunities are identified within your budgetary process, we'll be able to adjust the schedule appropriately based upon whatever decision is made at the board level. CHAIRWOMAN HILLER: Well, we can, as a board, make a general motion, and that is to accelerate it to the extent possible since we are dealing with public safety. That has to be our priority. So I'll make a motion accordingly. COMMISSIONER HENNING: Second. MR. SHEFFIELD: Public comments? CHAIRWOMAN HILLER: Are there any public comments? MR. MILLER: (Shakes head.) CHAIRWOMAN HILLER: I really want to commend you for working with fire to cooperate not only in terms of providing service and, as a result, improving times for the benefit of the citizens, but also with respect to co-locating. That's really the way business should be done. So great job, Chief. MR. KOPKA: Good morning. Thank you. For the record, Chief Walter Kopka of EMS, Madam Chair and Commissioners. It is a system response, and we should include all those resources that we have in the system to improve response times and patient care. And the AUIR you received was for the first three quarters, but when we updated it for the entire year of 2012, it did put us into compliance in the urban area, so that did meet our goal of 90 percent. As for co-location, financially, absolutely. Operationally, as this map kind of shows you, sometimes, operationally, we're going to impact more patients with better response times by having locations separated from each other. And we're doubling the amount of patients that we can contact in that response time zone by having different Page 49 February 12, 2013 locations. So we have other options to work with North Naples. We'll continue to do that, and we'll move forward. CHAIRWOMAN HILLER: Thank you. We have a motion and a second and no further discussion. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. And I would like to make one comment, and that is as we look to developing our economic development program, if any consideration is given to waiving impact fees, we should not waive impact fees for anything related to public safety, be it the Sheriffs Office or EMS or anything akin to that. Thank you. Item #7 PUBLIC COMMENT ON GENERAL TOPICS MR. OCHS: Commissioners, that takes us back to Item 7 on your agenda this morning, public comments on general topics. MR. MILLER: Madam Chairman, we have four registered public speakers for public petition (sic). First speaker is Linda Anders. I'm sorry. Public comment, not public petition. The first speaker is Linda Anders, and she'll be followed by Frank Rampino. MS. ANDERS: Good morning. My name is Linda Anders. I live at 2061 20th Avenue Northeast here in Naples. We respectfully submit this resolution. This resolution is patterned after a January 18th County Commissioner unanimous Page 50 February 12, 2013 resolution of Beaufort County, North Carolina, to their governor and legislature. Similar efforts have started in other areas of Florida and around the country to stop federal overreach -- to stop federal overreach of its authority. By voting to put this on the February 26th Collier County Board of Commissioners' agenda and signing this resolution, you will be petitioning the governor and Florida Legislature to enact a law to bolster the rights of Florida citizens against federal overreach. For the record, I will read it. A resolution of the Board of Collier Commissioners of Collier County, Florida, to preserve and defend the Constitution of the United States and the State of Florida. Whereas, the Constitution of the United States provides a well-regulated militia being of the people to keep and bear arms, shall not be infringed: Second Amendment; and, Whereas, the Constitution of the State of Florida provides the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state, shall not be infringed, except that the matter of bearing arms may be regulated by law: Article I, Section 8; and, Whereas, the United States Supreme Court in recent years has twice upheld the Second Amendment as applying to individuals' right to keep and bear arms: District of Columbia v. Heller, 554 U.S., 570, 2008; and McDonald v. Chicago, 561 U.S., 3025, 2010; and, Whereas, the president and vice president of the United States, as well as members of Congress, have been reported recently to be considering adopting laws, regulations, or actions which would have the effect of infringing on the right of Americans to keep and bear arms; and, Whereas, the reasons given in support of such infringements as gun registration, banning certain kinds of weapons and accessories, Page 51 February 12, 2013 requiring extreme background checks, restricting the bearing of arms such as excessive restrictions on concealed carry and possibly other restrictions, have not been shown by the substantial weight of scientific evidence to have been effective in accomplishing the stated objectives of such restrictions as compelling necessities for government action to protect the public safety. Now, therefore, be it resolved by the Board of County Commissioners of Collier County, Florida, sitting in duly called session on this day, that Collier County Board of Commissioners calls upon the governor and the Florida legislature to immediately pass and act to nullify the implementation within the State of Florida of any federal law, executive order, or regulations restricting the right to keep and bear arms. Be it further resolved that no county resources be used in the implementation of any federal law, executive order, or executive directives that infringe on the right to keep and bear arms. And be it further resolved that this resolution, properly enacted and executed on this 12th day of February 2013, be transmitted to the clerk of the Senate and House of Representatives of the Florida legislature, the governor, and each member of the legislature, as well as the County Commission and the State of Florida, and to the public. CHAIRWOMAN HILLER: Thank you. MS. ANDERS: Thank you. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I have no problem with working with this lady to not only get the resolution on the next agenda but also provide information through the executive summary of what's happening in Washington, D.C. CHAIRWOMAN HILLER: That would be great, Commissioner Henning. And if you could also work with the county attorney to have him review the resolution to ensure that it satisfies form and legality, that would be great. Page 52 February 12, 2013 COMMISSIONER HENNING: I think that's most appropriate. CHAIRWOMAN HILLER: Would you like to make a motion to that effect? COMMISSIONER HENNING: I don't know if we need to make a motion on what I'm going to do. CHAIRWOMAN HILLER: Not necessarily really, correct. COMMISSIONER HENNING: I just want to make a statement to, you know, cut the process. CHAIRWOMAN HILLER: Any discussion? Commissioner Coyle? COMMISSIONER COYLE: No. I think I can wait until Commissioner Henning completes his work with the county commissioner. I fully support the intent of the resolution. I am concerned that the resolution has certain elements that will doom it in its objective. But I think the county attorney can advise you on what should be included there and resolve that issue. MR. MILLER: Madam Chair, your next public speaker is Frank Rampino. He'll be followed by Keith Flaugh. MR. RAMPINO: Good morning, Commissioners. Thank you for having me speak to you this morning. I live at 14278 Manchester Drive, Naples, Florida, 34414 (sic). It's important to remind ourselves of a few facts and recent examples of federal overreach. The U.S. Constitution is a how-to document. It delegates limited authority to the federal government in Article I, Section 8. The Declaration of Independence is the want document. It lays down the foundation for the Constitution. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights that, among these, are life, liberty, and the pursuit of happiness. The Second Amendment just read to you is very easy to understand and very clear. Individual states are sovereign. They have the right to lay down certain limits delegated to them by their citizens, Page 53 February 12, 2013 but not the federal government, unless Congress passes two-thirds of a bill and states, ratified by three-quarters, a new amendment to overturn the second amendment. This has not happened. U.S. congressional laws and executive orders that infringe are unenforceable by the states under the Second, ninth, And 10th amendments. We would like to point to some added information about the second of the fifth whereas clauses. In the second whereas clause, two recent U.S. Supreme Court cases, Columbia versus Heller and McDonald versus Chicago, clearly and unequivocably established for all states that a well-regulated militia or individual persons and we the people as individuals have the right to keep and bear arms, and it shall not be infringed. In the fifth whereas clause addresses several possible infringements. Why is it important to keep this clause in the resolution? Because it references the legal principles established in these same two court cases and other recent Bill of Rights cases which have clarified the public safety argument. As a result, the U.S. Supreme Court has placed an extraordinary burden on the federal government regarding any future attempts to infringe. The government must now offer substantial weight of scientific evidence that any such infringements provide compelling evidence that public safety is enhanced. According to the Cato Institute and many other studies, there is no compelling evidence to date. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Madam Chair, your next public speaker is Keith Flaugh. He'll be followed by your final public speaker on this item, Keith Hanson. MR. FLAUGH: Good morning, Commissioners. My name is Keith Flaugh. I live at 1390 Quintara Court in Marco Island, Florida. I'd like to address a couple of additional points. Some of you Page 54 February 12, 2013 may be asking yourself is this really county business? You each swore an oath, as you know, to -- a solemn oath to protect and defend our Constitution. We submit that the everyday business you do, as important as it is in our daily lives, becomes irrelevant if we as the individuals lose our right to protect our life, liberty, and the pursuit of happiness and property. We believe it is your responsibility as elected officials to honor your oath of office and to urge the State of Florida officials to do the same. We have two amendment town hall meetings coming up, Second Amendment events coming up. Sheriff Rambosk and Chief Don Hunter from Marco Island are participating along with Chris Ann Hall on February 26th in Marco Island in a panel discussion on this subject along with an educational session Chris Ann. On February 27th here in Naples we will be doing a Second Amendment education session with Ms. Hall. We invite you all to attend. The same grass-roots efforts are continuing -- starting in Lee County, and we're reaching out to Naples City Council to do the same as we've asked Marco Island City Council to do. I just realized last week, in talking to Representative Matt Hudson -- I have copies here for you -- that the Florida House of Representatives and the Senate are in the process of passing a similar -- they call it a memorial, not a resolution, and I have copies of what's in process. It's even stronger than our wording in this resolution. I also would call your attention -- and I will give you copies of the Florida Sheriffs' Association proclamation. Eight states have now signed a proclamation with the unanimous consent of their sheriffs. One last point that I think is really important. We mentioned that this is one of many areas of overreach. We've had discussions with some of you on the elements of NDAA, National Defense Authorization Act, which allows any president to suspend U.S. Page 55 February 12, 2013 citizen's rights to habeas corpus without a trial, indefinitely. The Patriot Act allows a federal agent to come to your doorstep unannounced, write his own warrant, take anything out of his (sic) house, including you, and if you tell your wife, your clergy, or your lawyer, you go to jail on a one-year felony. There are a number of others that I could go through, and I won't. We think enough is enough. We thank you for your kind attention, and we trust your willingness to honor your oath of office and protect our Second Amendment constitutional rights. Please vote for consensus to put this on the 26th agenda. I'd like to ask one other thing, with the permission of the chairwoman. Can we ask for a show of hands of people in the room that support this resolution? CHAIRWOMAN HILLER: Sure. MR. FLAUGH: Thank you. CHAIRWOMAN HILLER: That's impressive. And for the record, we'll say just about everyone in the room put up their hand. MR. MILLER: Chairwoman, your final public speaker under public comment is Keith Hanson. MR. HANSON: Good morning. My name is Keith Hanson, and although I am not a resident of Collier County, I am the host of the Keith Hanson Show on 98.9 FM, WGUF in Naples. I am here on behalf of the hundreds if not thousands of listeners every week who have expressed their concern about the overreach of the federal government and exactly what Collier County would do if the federal government in tyranny therefrom came into Collier County. My request is very simple. I'm asking you to adopt this resolution as it stands to honor the oath that you took to protect and defend the Constitution of the United States against all enemies, foreign and domestic. As a law enforcement firearms instructor, as a former member of the United States Military, as a former law enforcement officer, I have Page 56 February 12, 2013 taken that oath. I have raised my hand and pledged. My oath does not come with an expiration date. You are all elected officials. You are here by, of, and for the people. Your duty first is to the Constitution and to the citizens you represent, not to the federal government. Thank you very much. God bless. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: Thank you very much. Those were very well-spoken statements. I think the board has made it clear that this will be brought back on the next agenda, and Commissioner Henning will work with the county attorney to present the resolution for adoption to the board at that time. So if you'd all like to come back and visit us again two weeks from now, we look forward to seeing you. Thank you. COMMISSIONER HENNING: Madam Chair, I would like Commissioner Coyle's input on the resolution so we can get this item on the agenda and passed. CHAIRWOMAN HILLER: Commissioner Coyle, would you kindly send Commissioner Henning a one-way communication identifying your concerns? COMMISSIONER COYLE: I would prefer to work it through the county attorney. CHAIRWOMAN HILLER: That's fine. That works. COMMISSIONER COYLE: If Commissioner Henning is going to be working with the county attorney, the county attorney could give me a copy of what they've discussed and what they're working with, and I'll respond to that. CHAIRWOMAN HILLER: Sure. Is that acceptable, County Attorney? COMMISSIONER COYLE: But my concerns are very minor with respect to the thing. Page 57 February 12, 2013 MR. KLATZKOW: I think I understand what your concerns are, but yes. CHAIRWOMAN HILLER: That's fine. So I think we have an understanding of how the process will work. I want to thank you all. Our wonderful court reporter needs a break. Commissioner Fiala was kind enough to remember that she deserves it. So we will take a 10-minute recess and then reconvene at 10:50. Thank you. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. We have an 11 o'clock time-certain; however, I believe we can address 10A, B, and C prior to that. Item #10A RESOLUTION 2013-36: APPOINTING MATTHEW P. CROWDER AND BEN HILBRUN TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE — ADOPTED MR. OCHS: Yes, ma'am. Item 10A is appointment of members to the Isles of Capri Fire Control District Advisory Committee. COMMISSIONER HENNING: Whose district is it? CHAIRWOMAN HILLER: I think it's Commissioner Fiala. MR. OCHS: Commissioner Fiala. CHAIRWOMAN HILLER: County Manager, would you like to go ahead and read the name of the recommended member? MR. OCHS: Yes, ma'am, as soon as I find it. COMMISSIONER HENNING: Matthew Crowder and Ben Hilbrun. I'll make that motion. Page 5 8 February 12, 2013 MR. OCHS: Thank you, sir. CHAIRWOMAN HILLER: I'll second. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (Absent.) CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10B APPOINTMENT OF MEMBER TO THE ENVIRONMENTAL ADVISORY COUNCIL - MOTION TO RE-ADVERTISE — APPROVED CHAIRWOMAN HILLER: The next is the appointment of a member to the Environmental Advisory Council. County Manager, if you could read the recommended member. COMMISSIONER HENNING: Move to readvertise. MR. OCHS: That's the recommendation. CHAIRWOMAN HILLER: Is there a second? I'll second that. All in favor? COMMISSIONER FIALA: (Absent.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER COYLE: Nope. CHAIRWOMAN HILLER: No? You say no? COMMISSIONER COYLE: Yeah. Page 59 February 12, 2013 CHAIRWOMAN HILLER: Did you say -- COMMISSIONER NANCE: I'm an aye. CHAIRWOMAN HILLER: You're -- okay. So motion carries 3-1. Item #10C RESOLUTION 2013-37: APPOINTING MICHAEL SIMONIK TO THE ANIMAL SERVICES ADVISORY BOARD — ADOPTED CHAIRWOMAN HILLER: Appointment of a member to the Animal Services Advisory Board. COMMISSIONER HENNING: Move to approve Michael S imonik. COMMISSIONER NANCE: Second. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager, is there anybody -- I'm sorry. Is there any other item that we could possibly -- Item #11D RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO COMMUNITY ASPHALT FOR BID NO. 12- 5948R - IMMOKALEE ROAD SAFETY IMPROVEMENTS PROJECT NO. 60016.4, IN THE AMOUNT OF $1,904,344 — Page 60 February 12, 2013 APPROVED MR. OCHS: Yes, ma'am. Commissioner, I believe we could take Item 11D. CHAIRWOMAN HILLER: Okay. MR. OCHS: That is a recommendation to award a construction contract to Community Asphalt for Bid No. 12-5948R, the Immokalee Road safety improvement project, in the amount of $1,904,344. And Mr. Jay Ahmad, your transportation engineering director, will present. CHAIRWOMAN HILLER: Board, would you like to hear a presentation or, having read the backup, would you be prepared to make a motion to approve? COMMISSIONER NANCE: I'll make a motion to approve. COMMISSIONER HENNING: Be happy to second it. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. AHMAD: Thank you very much. CHAIRWOMAN HILLER: Could we -- MR. OCHS: Screwed up my time, though. Okay. Item #11A RECOMMENDATION TO DENY THE FORMAL PROTEST OBJECTION AND UPHOLD THE PURCHASING DIRECTOR'S DECISION DENYING POOLE & KENT COMPANY OF FLORIDA THE AWARD OF INVITATION TO BID (ITB) #12- 5931 MASTER PUMP STATION 312 REHABILITATION Page 61 February 12, 2013 PROJECTS #72549 AND #70050; PROHIBIT POOLE & KENT FROM BENEFITING FROM THE BOARD'S LOCAL VENDOR PREFERENCE FOR ONE (1) YEAR; AND, APPROVE AWARD OF THE ITB TO CONTRACTOR DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $5,961,000 AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE AGREEMENT - APPROVED STAFF'S RECOMMENDATIONS AND AWARD OF CONTRACT TO DOUGLAS N HIGGINS, INC. — APPROVED CHAIRWOMAN HILLER: How about 11A? MR. OCHS: Yes, ma'am. These -- 11A was continued from your November 13, 2012, meeting. It's a recommendation to deny formal protest objection and uphold the purchasing director's decision and to award an invitation to bid for Master Pump Station 312 rehabilitation project. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. MS. PRICE: Commissioners, for the record, Len Price, administrative services division administrator. I'd like to put on the record that the protester has withdrawn their protest, so at this time I'm simply asking, for both A and B, that you recommend the award of those contracts. CHAIRWOMAN HILLER: Then we'll take them in order. Commissioner Henning has made a motion to approve the recommendation as presented by staff for 11A, and Commissioner Nance has seconded that. There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. Page 62 February 12, 2013 CHAIRWOMAN HILLER: Motion carries unanimously. Item #11B RECOMMENDATION TO DENY THE FORMAL PROTEST OBJECTION AND UPHOLD THE PURCHASING DIRECTOR'S DECISION DENYING POOLE & KENT COMPANY OF FLORIDA THE AWARD OF INVITATION TO BID (ITB) #12- 5952, AERATED SLUDGE HOLDING TANK (ASHT)/FLOW EQUALIZATION TANK (PET), PROJECTS #73950 AND #70091; PROHIBIT POOLE & KENT FROM BENEFITING FROM THE BOARD'S LOCAL VENDOR PREFERENCE FOR ONE (1) YEAR; AND, APPROVE THE ITB AWARD TO CONTRACTOR MITCHELL & STARK CONSTRUCTION CO. IN THE AMOUNT OF $6,307,000 AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE AGREEMENT - APPROVED STAFF'S RECOMMENDATIONS AND AWARD OF CONTRACT TO MITCHELL & STARK CONSTRUCTION CO. — APPROVED CHAIRWOMAN HILLER: For 11B, Commissioner Henning, would you like to make a motion to accept the recommendation proposed by staff as presented? COMMISSIONER HENNING: Yes, I'll make that motion. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. Page 63 February 12, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you. COMMISSIONER FIALA: Len, does that accomplish what you set out for -- to recommend to award this contract? MS. PRICE: I believe that it does. The recommendation was to approve as I stated. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: In both instances. MS. PRICE: Both instances. COMMISSIONER FIALA: Very good. CHAIRWOMAN HILLER: In both instances we're approving -- COMMISSIONER FIALA: I just wanted to make sure it was all legal there. Nobody has any questions. MR. OCHS: Madam Chair -- CHAIRWOMAN HILLER: I appreciate it. Item #14B1 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPOINT BRADLEY MUCKEL AS INTERIM DIRECTOR FOR THE IMMOKALEE CRA AND THE IMMOKALEE LIGHTING AND BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT — APPROVED MR. OCHS: Madam Chair, you still have a few minutes, if the board would like to take up Item 14B 1 and go into session as your CRA, consider that item, with the pleasure of the chair. CHAIRWOMAN HILLER: We do have a few minutes. MR. OCHS: Item 14B 1 is a recommendation that the Page 64 February 12, 2013 Community Redevelopment Agency appoint Bradley Muckel as interim director for the Immokalee CRA and the Immokalee Lighting and Beautification Municipal Services Taxing Unit. Chairman Fiala? CHAIRWOMAN FIALA: Yes, thank you very much. The CRA meeting is now in session. Is Brad here? I know he was here before. Well, okay, fine. May I make -- may I hear a motion to accept Brad Muckel as the interim director for the Immokalee CRA? COMMISSIONER NANCE: I'll make that motion. CHAIRWOMAN FIALA: Okay. COMMISSIONER HENNING: Second. CHAIRWOMAN FIALA: Okay. I hear a motion and a second. Any speakers? MR. MILLER: No, ma'am. CHAIRWOMAN FIALA: Okay, fine. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN FIALA: Opposed, like sign. (No response.) COMMISSIONER HILLER: And just to clarify, this is as interim director. CHAIRWOMAN FIALA: Yes. COMMISSIONER NANCE: Interim. CHAIRWOMAN FIALA: Okay. All in favor -- we already had the ayes. It's all in favor. It's unanimous. Brad is now our interim director for the Immokalee CRA. I'm sorry he isn't here to -- so we can congratulate him. Page 65 February 12, 2013 MR. OCHS: Yes, ma'am. He was here earlier. I'm sure he's in the building. COMMISSIONER NANCE: That's what happens when you leave the meeting. MR. OCHS: That's what I try to tell him. They've got to sit still. This board moves. Thank you, Commissioners. I believe that concludes -- CHAIRWOMAN FIALA: The CRA meeting is closed. MR. OCHS: -- the CRA. CHAIRWOMAN FIALA: Thank you. COMMISSIONER HENNING: Otay (phonetic). MR. OCHS: Okay CHAIRWOMAN HILLER: The time-certain on the agenda is -- MR. OCHS: That is Item 10 -- excuse me -- 11G, ma'am. CHAIRWOMAN HILLER: Which relates to Hideaway Beach. MR. OCHS: That's correct. COMMISSIONER COYLE: And it's time. CHAIRWOMAN HILLER: It's time. MR. OCHS: It is time. CHAIRWOMAN HILLER: And just for clarification, there are a number of residents in the audience who were here to speak on the Animal Control Ordinance. They were not aware that this morning Commissioner Henning recommended that the ordinance be discussed in a workshop rather than debated at the board. So we will schedule a workshop to address the restructuring of the ordinance. And if you guys would like to stay, you're welcome to hear, you know, the further discussions, but we will not be talking about the Animal Control Ordinance at this time. And, actually, just -- I see Gisela (phonetic) nodding her head. It's actually very positive because the entire advisory board will be invited, there will be an open forum, and it will allow for a lengthy and open and extended discussion to address this as opposed to Page 66 February 12, 2013 compressing the debate just in a matter of minutes. So it will actually be beneficial to the community to see the board engage in this discussion in a workshop, as Commissioner Henning recommended. So it's a good thing. MR. OCHS: Madam Chair, with that in regard, just for the information of those folks, if they're leaving, I will be recommending to the board that we schedule that for March 5th, which would be the first of the monthly workshop sessions that the board had asked me to schedule. CHAIRWOMAN HILLER: That's great. MR. OCHS: So I'll be bringing that up under communications. CHAIRWOMAN HILLER: That's great. MR. OCHS: But I wanted to let them know that March 5th would be a good time to hear this item in a workshop setting. CHAIRWOMAN HILLER: So mark it on your calendars as March 5th. MR. OCHS: And we'll notify all of the members. CHAIRWOMAN HILLER: Wonderful. Thank you. Item #11G RECOMMENDATION TO APPROVE $350,000 IN ELIGIBLE COSTS FOR THE FY 13 HIDEAWAY BEACH EROSION CONTROL STRUCTURE PROJECT BASED ON THE JANUARY 16, 2013 PROPORTIONALITY ANALYSIS CONDUCTED BY COASTAL ENGINEERING CONSULTANTS AND REVIEWED BY COLLIER COUNTY STAFF, MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM AND APPROVE NECESSARY BUDGET AMENDMENTS - MOTION TO MOVE FORWARD WITH AGREEMENT WHICH PROMOTES TOURISM, BOATING AND THE HOTELS — FAILS; MOTION TO SEND THE ITEM BACK TO THE NEXT TDC MEETING AND BRING BACK Page 67 February 12, 2013 RECOMMENDATIONS TO THE FEBRUARY 26, 2013 BCC MEETING — APPROVED MR. OCHS: Commissioners, that does take us to your 11 a.m. time-certain. It's Item 11G on your agenda. It's a recommendation to approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013, proportionality analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, and to make a finding that this item promotes tourism, and approve necessary budget amendments. This item was moved off of the consent agenda at Commissioner Henning's request. Mr. McAlpin is here to either present or answer questions from the board. MR. MILLER: Madam Chair, you have two registered public speakers for this item. CHAIRWOMAN HILLER: Thank you. Commissioner Henning, since you moved it, would you like to introduce the item? COMMISSIONER HENNING: Yes. Well, first of all, the Tourist Development Council never heard this request for $350,000 and, by statute, it has to go to the TDC prior to coming to the Board of County Commissioners. They are actually the gatekeeper of the funds. The second thing is, now that we have the AGO, attorney general's opinion, the board needs to make a finding on all these issues. This, you know, public's benefit or public's health thing is out the window. A new policy needs to be drafted. But on this case, I'm very, very curious what -- how does this promote tourism? COMMISSIONER FIALA: It keeps the boating pass open. COMMISSIONER HENNING: Pardon me? COMMISSIONER FIALA: It keeps the Collier Canal open for Page 68 February 12, 2013 boating. COMMISSIONER HENNING: Is there a hotel or a motel down there where tourism are going to be using the pass? COMMISSIONER FIALA: Well, we've got a few hotels there, the largest one in Collier County, as a matter of fact. COMMISSIONER HENNING: Well, that's on the beach, the Marriott. It's not -- COMMISSIONER FIALA: Yeah, but they can't boat from the beach, but they do boat through that canal. COMMISSIONER HENNING: The Marriott has a boat in that -- COMMISSIONER FIALA: No, they do not have the boat. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: But people rent boats. They have quite a few places that rent boats right there on Marco Island. Walker Marine is one of them, per chance -- or just to say. COMMISSIONER HENNING: Well, Walker Marine is -- they have a marina on the water -- COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: -- in Goodland. And also there's Muckel (phonetic) River Marina. I know where that is. And, yes, I do believe that that has the potential for tourism to use a rental, but it's not near Hideaway Beach. So I'm just trying to look for -- COMMISSIONER FIALA: Well, are you saying that they -- when they're boating and going fishing, they're not supposed to use that canal, is that what you're trying to say, or are they allowed to boat wherever they want on the waters? COMMISSIONER HENNING: I'm trying to find how this $350,000 to assist to put a structure on a private beach promotes tourism. COMMISSIONER FIALA: It's not -- the structure isn't on the private beach. Obviously, it's out in the water, and it's in the water by the canal. Page 69 February 12, 2013 And what happens is -- because Marco -- I mean, Hideaway's going to renourish their beach regardless; doesn't make any difference. But when they renourish their beach, the sand is now going to go into the middle. We just dredged it last year, so obviously that's where it goes. And what Marco City is trying to avoid is having that stuff go back into the canal and then clog up boating again. So this way, it not only saves TDC dollars because they don't have to continue to dredge, but also it keeps that boating pass open for the boaters in all areas. COMMISSIONER HENNING: Well, I kind of doubt that we can make the determination on a future dredge, the TDC dollars to be applied to that dredge, and then dump the sand in the water is a reason to promote tourism. COMMISSIONER FIALA: That's your opinion. COMMISSIONER HENNING: Well -- no, that's actually by our policy. And the second thing is, I boat down there, Commissioner. And I could be wrong, but I see no opportunities for tourism upstream of that canal to use that canal. And I'm hoping somebody would prove me wrong. Maybe the best way to fund this is through 01 funds, general funds, to that MSTU. I think that we should have a substantiate (sic) policy on using tourism dollars for either beach -- beachfront improvements or park improvements. COMMISSIONER FIALA: Well, this would be a beachfront improvement. But regardless of that, and while we're discussing that, one of the reasons this came to light is because we are using tourism dollars to clean out the Clam Pass, and we're going to take that sand, as it's stated very clearly, and instead of moving it someplace, they're going to put it right on the private beach of Hideaway Beach -- I'm sorry -- right on the private beach of Pelican Bay. Now, that's fine, because they said it was badly eroded. I understand that, too, and Page 70 February 12, 2013 that's great. I'm not begrudging them at all. But if this is going to keep a pass open for the boaters, I don't see why you're begrudging them but you're not begrudging the sand to go on the private beach at Pelican Bay. Let me see what his answer is, please. COMMISSIONER HENNING: I'm just saying, we need to make a finding it promotes tourism. COMMISSIONER FIALA: Well, I just did: Boating. Do people come down here to fish? Can they fish in that water? Do they -- are they limited not fishing in those waters? To me that's certainly a tourism benefit. Marco is a fishing community. It's a beach community. It's a tourism community, and they want all facets of tourism there. CHAIRWOMAN HILLER: If I may. Just to clarify -- and Commissioner Coyle would like to speak. The situation with Clam Pass is different. There's a statute that governs the placement of the sand when a pass like Clam Pass is dredged, so it's actually not an analogous situation. But I just wanted to clarify that for the record. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I would just like a clarification before I start trying to debate this issue. Are we going to refer this thing back to the TDC, or are we going to debate it and try to resolve it today? CHAIRWOMAN HILLER: I would like to address that, and thank you for raising it. I think this matter should be referred back to the TDC, and then once the TDC has heard and voted on it, we'll have their input to consider in our future debate on this matter. Commissioner Henning? COMMISSIONER HENNING: I'm all in favor of that. I would just hope that staff or, you know, the people at Hideaway would Page 71 February 12, 2013 demonstrate how it promotes tourism. That's all I'm looking for. And I could support something like that, but not something like -- COMMISSIONER COYLE: May I make a comment then? COMMISSIONER HENNING: -- people fish and can't get down the canal, but something substantiated that fits the law. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think I could make an argument to justify using TDC funds for the purpose of building those erosion control structures, and I would do it by asking the question differently. Would tourists be more likely to come to a community where the beaches are well maintained and not eroded, or would they like to visit a community where there is severe erosion on the beaches and nobody repairs it and, in fact, there are likely to be buildings that will soon be crashing into the water if we don't do something about it? We have an obligation to maintain our entire community in a way that will attract tourists to come here, and I can tell you that there is an island just south of Cayo Costa that has experienced that kind of erosion, and private homes are falling, have fallen, into the ocean. It was a very nice place to live for vacation homes, and it was even -- there is even a landing strip there. That -- the image of that place has declined dramatically as a result of that erosion and destruction of buildings. I'm certain that the image of Marco Island would decline if we allowed that beach to erode to the point where buildings are being destroyed. So it is not in anyone's best interest to allow that kind of erosion and destruction when we have it within our power to do something about it. So I think there is justification for using TDC funds to do it, and we have done that before. I don't understand why we can't do that now. CHAIRWOMAN HILLER: Thank you very much. If I may, I'd like to make a motion. That is -- Page 72 February 12, 2013 COMMISSIONER FIALA: Could we hear the speakers first, please? CHAIRWOMAN HILLER: Oh, forgive me. Yes, absolutely. MR. MILLER: Your first public speaker is Michael Poff. He'll be followed by Bruce Anderson. MR. POFF: Good morning. For the record, Michael Poff, Coastal Engineering Consultants for the consultant for the City of Marco, and thank you for accommodating our schedules this morning. As to the question before you, there are marinas inside Smokehouse Bay, there are charter captains who do use this Collier Creek channel, and tourists are taking those charters. I apologize. I don't have the statistics. COMMISSIONER HENNING: What marina is in that? What marina is in there? MR. POFF: Smokehouse Bay on Esplanade. COMMISSIONER HENNING: Smokehouse Bay Marina? MR. POFF: It's Esplanade Marina, sir, on Smokehouse Bay. Esplanade Marina. COMMISSIONER HENNING: Esplanade, okay. Thank you. MR. POFF: You're welcome. So there's one. I don't have the statistics. I know Nancy Ritchy with the City of Marco does have those kind of statistics. I've heard her say anywhere from 33 to 66 percent of Marco's boating population uses Collier Creek entrance channel, and so -- I'm also able to answer any questions you may have about the analysis. CHAIRWOMAN HILLER: Thank you. MR. POFF: Thank you. MR. MILLER: Your final public speaker is Bruce Anderson. MR. ANDERSON: Good morning, Commissioners. My name is Bruce Anderson. I represent the Hideaway Beach district. It's a municipal taxing unit that taxes the property owners with Hideaway to pay for renourishment of their own beaches. Page 73 February 12, 2013 When Collier Creek was dredged, TDC funds were used to do the dredging. So that would be based upon the fact that dredging does, in fact, promote tourism, dredging of this particular area, to prevent silting. That promotes tourism. And since the dredging furthers tourism, preventing or minimizing the times that dredging has to occur would certainly also, logically, promote tourism. Lastly, I'd like to read from the September 24th Tourist Development Council minutes when the general manager of the Marco Marriott spoke, Rick Medwedeff. And he said, quote, okay. For the record, also the Marriott on Marco Island does a lot of sailboat charters, sailing and shelling, and on many occasions we take our residents or our guests that charter that, those sailboats, and bring them to that beach. So it is a beach that is used by the public as well as, from our guests, tourism. When we first came before you a few months ago, we asked that this be, you know, acted on, and not referred back to any of the other committees that had already looked at it because we were going to be bumping up against turtle nesting season and, frankly, we're a little concerned that the project may suffer and have death by delay. So we would just ask you to please go ahead and approve this today and not send us back through a process which it's really not going to make any difference, I don't think, with the findings that the Tourist Development Council would make, because most of the findings were the motions that were made at TDC, and the basis for them had to do more with the perception that the beach itself was private rather than the fact that dredging did or did not promote tourism. I mean, the finding about dredging promoting tourism has already been made when you use TDC funds to dredge Collier Creek in the first place, and that's occurred at least twice over the last 10 years or so, so -- Page 74 February 12, 2013 CHAIRWOMAN HILLER: And if I may add just to that. There could have -- there could be a problem with that, because the proportionality test probably should be applied there as well, in other words, what's benefitting tourism and what's benefitting the local community. So in retrospect, we may not have done the right thing in total, but in part we might be okay. Commissioner Fiala. MR. ANDERSON: Thank you. COMMISSIONER FIALA: Yes. I would like to make a motion to move forward with this, with this agreement, which seems to have made -- that everybody agrees with as far as the participants in this. I feel that it will promote tourism, it will promote boating, it will promote some of the tourism activities from the hotel on Marco Island, and I think it's essential to do this not only for the safety of the boaters, as this canal fills in again. And the reason they haven't had to do too much as far as re -- I'm sorry -- as far as dredging that canal is because there was nothing left on the beach. But now Hideaway's going to be putting more sand on the beach, and it's going to fill up a lot quicker. I feel this is the time and the place to do it now, so my motion stands. CHAIRWOMAN HILLER: Is there a second? COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Thank you. The Tourist Development Council did not the support the original recommendation. You would hope that the Tourist Development Council can make a finding that it does promote tourism and it can be supported; however, the dredge of that canal, the sand was dumped. It was not used on the beach. That is a violation of our policy; however, that was not said when we approved it. So I think we have a lot of work to do on our policy. But first of all, the -- I think the Florida Statutes is clear that the TDC must hear Page 75 February 12, 2013 this item prior to the board's action. CHAIRWOMAN HILLER: Jeff, could you comment on that? Especially, in fact -- in light of the fact that the TDC had turned down this funding when they last heard it. What would you say with respect to that? MR. KLATZKOW: You have several alternatives. Your first alternative is to use general funds in this. It eliminates the issue, all right. You get the work done. You eliminate the issue of whether or not this promotes tourism. If you want to use tourist development money, if you want to eliminate the issue whether or not the TDC should see this, you'll send it back to the TDC and come up. You would do that unless there is an emergency situation where you need to get this done, turtle nesting season, whatever. If you wish to vote on this now, I am comfortable with your voting on it now, but you will have that issue there that it should have gone to the TDC. CHAIRWOMAN HILLER: Which is a problematic legal issue. COMMISSIONER FIALA: Could we hear from Bruce? I see a question on his face. MR. ANDERSON: The TDC has already heard the application, and we've just lowered the cost, the request. CHAIRWOMAN HILLER: Right, but they denied it. So -- and again -- MR. KLATZKOW: Well, the TDC voted -- the TDC's recommendation was against it. They don't deny it. That's up to you. All right. They heard the application. This is just -- if you look at it one way, this is just a simple way to fund it, so you could argue that the TDC has already heard this, which is why my office signed off on this item. We're comfortable proceeding. But you have this outstanding issue there that couldn't be raised should they have seen it. You only eliminate that by kicking it back. Page 76 February 12, 2013 CHAIRWOMAN HILLER: Commissioner Henning, your thoughts in light of the county attorney's recommendation. COMMISSIONER HENNING: Yeah. I think to play it safe it needs to go back to the Tourist Development Council. COMMISSIONER FIALA: Who knows, maybe they'll want to fund the whole thing next time. CHAIRWOMAN HILLER: Well, I think sending it back to the TDC accomplishes a number of things. First of all, it gives them the opportunity to revisit based on the proportionality analysis, which may give them that level of comfort to approve which sets a precedent for the future and, I think, helps avoid future debates on this. Secondly, I think what Commissioner Henning said was very good in that we do need to develop a policy as to how these projects ought to be funded. I would like to recommend that Commissioner Henning work with the county attorney and consider applying this proportionality test in conjunction with the opinion that we've received from the attorney general to reduce it to a policy statement that we, as a board, can approve and bring that back at a future meeting. So it does seem to make sense at this point to send it back to the TDC, because I do think you'll get approval for it in the manner in which you are presenting it now, and you will eliminate doubt in anybody's mind as to whether we have legally expended TDC funds, and you're setting a precedent. When is the next TDC meeting? MR. OCHS: The 28th. CHAIRWOMAN HILLER: Of this month? MR. OCHS: I'm sorry. CHAIRWOMAN HILLER: The 25th? MR. OCHS: The 25th of this month. CHAIRWOMAN HILLER: So it's not that far off. And then we Page 77 February 12, 2013 could bring it back to the next board meeting, which is the 26th. COMMISSIONER HENNING: The 26th. CHAIRWOMAN HILLER: So you're looking at two weeks, and I'm pretty sure that you'll end up having it passed at both levels at that time. MR. ANDERSON: Is it too late to get on the TDC agenda? MR. McALPIN: (Shakes head.) MR. ANDERSON: Okay, great. MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Yes. MR. OCHS: Just with respect to the guidelines, would you like the staff to develop a set of criteria -- CHAIRWOMAN HILLER: Oh, absolutely. MR. OCHS: -- that we could bring back to you that would, perhaps, serve as a guide for the commissioners when they're making these decisions on -- CHAIRWOMAN HILLER: Yes. COMMISSIONER FIALA: How about all beaches, right? MR. OCHS: -- whether or not an expenditure promotes tourism; is that what I'm hearing? CHAIRWOMAN HILLER: Yes. And, essentially, what has to happen, if you look at these inlets, you've got issues. One -- well, actually, you have three. The first is, we have a statute that governs how sand is placed when you have erosion related to a particular inlet, so we need to address that, and that's the Pelican Bay situation. The second issue is we have two different users of these inlets. We have the public, the Collier County residents, and we have tourism. And so we have to establish, you know, the use based on each of these classes and then allocate funding accordingly. In the case of Hideaway, it's a little bit different. It goes beyond that, because we've got a private entity that's renourishing a private beach with MSTU monies, so we still have to apply that analysis to Page 78 February 12, 2013 the inlet, and there the funding would be divided between TDC and general fund based on the use of citizens versus tourists. That does not affect what goes to Hideaway; in other words, our contribution towards those erosion control devices. But that's an analysis that we, as a board, have to do on our own to make sure we're not violating the law. MR. OCHS: Okay. CHAIRWOMAN HILLER: So I think you're absolutely right. And forgive me, I mean, my mind automatically goes, like, develop the legal. But, no, you're absolutely correct. And so it really should be a three-way project with Commissioner Henning working with you and with Jeff -- Jeff addressing the legal, you addressing the practical allocation of the proportionality analysis. MR. OCHS: Okay. CHAIRWOMAN HILLER: That would be great. MR. ANDERSON: Just a quick question, please. Is that analysis or new guidelines something that has to come back to you for you to act on the pending application for Hideaway, or are you going to take your time developing the policy? CHAIRWOMAN HILLER: No. And the thing is, as I see it, that cost that you otherwise would have to bear is off the table with respect to you. How we fund it, whether we use TDC funds or we use general funds or a combination of the two, doesn't affect what your obligation is. Your obligation, by way of our future vote, if the majority agrees, will be reduced, and you go off and do your thing. You know what your cost-share portion is, and then we can address how our obligation will be funded. MR. ANDERSON: Okay. CHAIRWOMAN HILLER: So it should not delay you. MR. ANDERSON: Okay. CHAIRWOMAN HILLER: Because we can bring that back at, you know, a future meeting or modify it, as the case may be, if we Page 79 February 12, 2013 can't make a decision at that next meeting. Commissioner Fiala? COMMISSIONER FIALA: Yes. As long as we're talking about proportionality, and Commissioner Henning will be talking to you, can we also address that same subject with other beaches that are private, with other passes, with other inlets -- CHAIRWOMAN HILLER: Yes. COMMISSIONER FIALA: -- to make sure that it's fair for everyone, not just -- CHAIRWOMAN HILLER: Can I answer that? COMMISSIONER FIALA: -- Hideaway Beach? CHAIRWOMAN HILLER: That is my intent. My intent is not -- we're not just addressing Hideaway Beach. COMMISSIONER FIALA: I just wanted to put it -- on. CHAIRWOMAN HILLER: Yeah. And I agree with you. It is definitely not intended for this policy to be crafted solely for Hideaway Beach. As I said when I was describing the various considerations, we need to look at the totality of the scenario. MR. KLATZKOW: You can't prescribe a policy for one person. You violate equal protection of the law. CHAIRWOMAN HILLER: Exactly. And we're doing -- MR. KLATZKOW: It's got to be for everybody. CHAIRWOMAN HILLER: -- it across the board, exactly right. Commissioner Henning? COMMISSIONER HENNING: Well, we have a motion and second to approve. I don't know if -- CHAIRWOMAN HILLER: I'm going to call the vote on that. COMMISSIONER HENNING: Okay. And then -- COMMISSIONER FIALA: Well, I should withdraw it then. No, leave it go? Okay. Thank you. CHAIRWOMAN HILLER: All right. So Commissioner Fiala made a motion, seconded by Commissioner Henning. All in favor? Page 80 February 12, 2013 COMMISSIONER HENNING: No, no, no. Commissioner Coyle seconded the motion to approve the funding. CHAIRWOMAN HILLER: Oh, let me strike that from the record. COMMISSIONER HENNING: Approve the item. MR. KLATZKOW: You can never strike it from the record. It's always there. CHAIRWOMAN HILLER: Okay. It's permanently there. Let's pretend it doesn't exist. Let's go back. COMMISSIONER NANCE: You made a mistake. CHAIRWOMAN HILLER: I made a mistake. I retract. I correct. COMMISSIONER COYLE: Underline and bold that statement. MR. ANDERSON: If a majority -- CHAIRWOMAN HILLER: And just so you know, make sure you email that to Commissioner Coyle so that he can circulate it among his buddies, you know, and then make sure he copies it to his COMMISSIONER FIALA: Call for the question. CHAIRWOMAN HILLER: Call for the question. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Any opposed? Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Okay. Motion fails. Commissioner Henning, would you like to make a new motion? COMMISSIONER HENNING: Motion to take this item to the next Tourist Development Council and subsequent recommendation on the next BCC meeting. Page 81 February 12, 2013 MR. ANDERSON: Great. Thank you. COMMISSIONER HENNING: See, I'm trying, Bruce. CHAIRWOMAN HILLER: I'll second that. MR. ANDERSON: Thank you. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Bruce, I want to apologize to you for bringing this question up, but I feel like -- I generally support Commissioner Henning's methodology to get where we need to go, but I think that there's something very important that needs to come up, and I mentioned it to you the other day when we met on this topic. We're discussing proportionality, and it's my understanding that these monies that are talking about being provided either from the TDC or from the General Fund are going to be utilized to construct T-Groin structures that are going to assist keeping the sand on the beach and keeping the pass from filling up with sand in the future; is that correct? MR. ANDERSON: Yes, sir. COMMISSIONER NANCE: Okay. So we have -- the county has gone in and supported the construction of T-Groins on other areas of the beach and they're proposing a system of T-Groins here. My question is, if it's paid for proportionally, who's going to be the owner of these structures and, in the future, who is going to be responsible for their care and maintenance and replacement? I think that is something that's going to have to be addressed at some point. MR. OCHS: We'll address that, Commissioners, when we come back at the next meeting with the item. COMMISSIONER NANCE: You know, I hate to throw a prickly pear right in the middle of the discussion, but it's something, you know -- CHAIRWOMAN HILLER: It's a great prickly pear. COMMISSIONER NANCE: It's a big one. CHAIRWOMAN HILLER: It's a good one. Page 82 February 12, 2013 COMMISSIONER NANCE: And we need to -- you know, I mean, somebody -- if somebody runs into one of these with a ship, who's going to be liable for it and so on and so forth. So I think we just need to have a wider discussion, and maybe this is going to apply to other things in the future. CHAIRWOMAN HILLER: It's a very good question. Thank you for asking that. COMMISSIONER HENNING: Can we meet down there? Can we meet down there in Marco? I'll take my boat out. MR. ANDERSON: Okay. Sure. COMMISSIONER HENNING: It will take a half a day or so. CHAIRWOMAN HILLER: So Commissioner Henning made a motion. Commissioner Fiala, would you like to second it? COMMISSIONER FIALA: Second it. CHAIRWOMAN HILLER: Thank you. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER FIALA: No. CHAIRWOMAN HILLER: Oh, did you vote against it? COMMISSIONER COYLE: Yeah, I voted against it. CHAIRWOMAN HILLER: Okay. He's a lone ranger today. Motion carries 4-1 with Commissioner Coyle dissenting. Item #10E (Tabled to later in the meeting) RECOMMENDATION TO DIRECT STAFF TO NEGOTIATE AND BRING BACK TO THE BOARD AT ITS NEXT MEETING A NEW RED LIGHT CAMERA AGREEMENT BETWEEN Page 83 February 12, 2013 COLLIER COUNTY AND AMERICAN TRAFFIC SOLUTIONS INCORPORATED (ATS), AND THAT GIVEN THE UPCOMING MARCH 1ST DEADLINE WITH ATS, AS WELL AS THE INFRASTRUCTURE AND PROCEDURAL PROCESSES IN PLACE, THAT THE BOARD WAIVE ANY REQUIREMENT FOR FORMAL COMPETITION FOR THIS WORK MR. OCHS: Madam Chair, that takes us to Item 10E. It's a recommendation to direct staff to negotiate and bring back to the board at its next meeting a new red light camera agreement between Collier County and American Traffic Solutions, Incorporated, and that given the upcoming March 1st deadline with ATS, as well as the infrastructure and procedural processes in place, that the board waive any requirement for formal competition for this work. This item was placed on the agenda by Commissioner Fiala and MR. MILLER: Madam Chair, we have 20 registered public speakers; however, everyone has ceded their time to one gentleman, which would be 60 minutes. CHAIRWOMAN HILLER: I believe there's a show called 60 minutes. MR. MILLER: That's correct. MR. HENRY: Madam Chair, I can do this in 20 minutes. I'll just kind of negotiate with you here from the floor. I only need 20 minutes to give my presentation. CHAIRWOMAN HILLER: That's fine. Thank you. We have a time-certain at 12 o'clock to go into closed session on a litigation settlement, so we do need to conclude this by that time. Commissioner Fiala, you brought this forward. COMMISSIONER FIALA: Yes, yes. I brought this forward because I just felt that right now -- I've gotten so many letters, even before this subject came back, and many people have mentioned that Page 84 February 12, 2013 they'd gotten a ticket, and they fought the ticket until they saw themselves on television and realized, yes, they had. And they said it's really made them think when they come to a red light, and they found that they're driving a lot safer. Not only that, people who know that the cameras are there have just been -- because the cameras are there, they said they've been driving safer at all intersections regardless of whether there are cameras or not, and they just feel it's an important thing just as an awareness, if nothing else. I've talked with the sheriff about this. I've talked with other people. Actually, I've -- I've been on the speaker circuit recently. With each one of the audiences, they have pledged their support saying, I'm glad you're going to do this. Don't let it go because it just keeps us safe. It keep us motivated to stop at red lights; whereas, before we weren't even thinking. And the people that did get the tickets were so surprised because they didn't realize they were going through red lights, from what I've understood. Maybe it's because they started through when it was yellow or whatever. I'm not quite sure why, but they felt that this was -- they now think twice with those cameras there. And I appreciate that. My main concern -- I've read all of the things that people have sent me, and I have read all of the letters for, and I've read all of the letters against. You know what, I don't care what they do in Missouri. I don't care what they do in the United States. I care what happens to our people here in Collier County. That's all I'm concerned with. And I want to keep them safe. So I asked to put this back on the agenda. I understood some things have been going on. For instance, the sheriffs office has installed some intersection improvements, I'm going to put it that way -- and the sheriff might want to get up and tell us about it -- that are supposed to aid in eliminating people running the red lights. Sheriff, would you like to come up and talk about that, please? Page 85 February 12, 2013 MR. OCHS: Commissioner, I'm sorry to interrupt, but that's actually your transportation engineering staff that have -- COMMISSIONER FIALA: Oh, did they do that? MR. OCHS: -- implemented some engineering solutions in their signalization system. The sheriffs familiar with it, so I'm sure he can comment. COMMISSIONER FIALA: Thank you. SHERIFF RAMBOSK: Good morning, Chair, and members of the commission. I support the direction that Commissioner Fiala is going. You know, as I was reminded by my staff that there's not any one thing that goes toward improving right-of-way safety. We've always looked at education, engineering, and enforcement. And when we look at the awareness part of education, we have had, over the last couple of years, since 2008, when I first became involved in this and then ultimately as sheriff, some very significant stop-on-red campaigns, which I believe has contributed to more driver safety and continuing awareness. When we look at the engineering part of this, one of the things that I've promoted within our organization -- and I know the manager has been in his -- is the cooperative partnership between ourselves and traffic engineering. And one of the great things that has come out of that is that every intersection, regardless of whether there's a camera there or not, when we begin to see an accident potential or an accident problem due to actual data, we work together. We focus on how can we make that intersection safer. So it's an ongoing effort. We meet pretty much on a regular basis; basically it's on need. They'll call; we come. We call; they'll come. And, again, it's to promote total roadway safety. So the other thing that I was made aware of this past week that I didn't realize that had been put in place is we're now using technology through traffic engineering that can actually look at the potential for Page 86 February 12, 2013 people that may not stop at a red light and extends certain intersections a little bit longer. And after reviewing what they have provided, it is clear that, along with everything else we're doing, that is a very important aspect of use of technology, and that is helping to reduce accidents at our intersections. So I think -- you know, when it comes down to what mechanisms that we use as a community -- and I think you've heard a lot of comments here this morning relative to governmental intrusion. You know, I'm not here looking for speed cameras and drones and that. You know, we looked at a way four or five years ago that would assist us in keeping our roadways safe. For a whole lot of reasons, I think we have been able to do that. And I'm going to go on the record that we're going to continue to do the good things that we've been doing in addition to putting more flex operations out, which is the enforcement element of those three areas, and we're doing that using data, again, that we see in focusing on areas -- and they're not necessarily those with cameras or not -- that are having traffic accidents. So we've got a very good plan to continue to keep our roadways safe. We're going to continue to work with your staff to do it. And I think we continue to have a very safe Collier County. CHAIRWOMAN HILLER: Thank you. Sheriff, I'd like to ask a question. In light of your presentation, the majority of this board voted not to renew the red light camera contract. I would like your position on the record to support the majority of the board's position not to renew the contract. SHERIFF RAMBOSK: Well, a decision to renew the contract or use an effective technological item that's available is certainly a policy decision based on the board. So I wouldn't presume to make that, because the Board of County Commission, as you know, makes the policy on what's established. My role is the enforcement of red light running. Page 87 February 12, 2013 CHAIRWOMAN HILLER: But you don't object to our having voted against the renewal of the contract? SHERIFF RAMBOSK: Well, since I went on the record at the time saying that I saw observable driving behavior that I thought was attributable to red light cameras, I wouldn't want to reverse that. I still think there is still some element of awareness and safety that that had provided. But what I think I'm saying is that we are going to continue to work very hard, and I believe that with what we're doing today, that I'm not as focused on a single enforcement effort such as red light cameras. CHAIRWOMAN HILLER: Sheriff, I have to really address the comment you just made. The reason we don't have accidents at intersections related to red light running is very clearly not because of red light cameras. And the evidence is that given that we have so many red light tickets and no commensurate numbers of collisions, it is obvious that there is some alternative means that is protecting the drivers of Collier County from red light related impacts. And what is protecting the citizens of Collier County is not the behavior modification introduced by the presence of the camera, because if cameras create such a level of behavior modification, we should be using them all over the place. But to give you an example, there are more deaths attributable to domestic battery than there are to red light camera running. Should we have cameras in homes to protect people? And the argument, oh, well, that's private versus public. Death is death. The bottom line is, the reason we don't have the impacts, the reason we don't have the accidents, is because we have an incredibly well-engineered traffic signal system that protects collisions as a consequence of people who run red lights. And to give you some statistical evidence, I believe -- what was -- Nick, could you come up. Just give me two intersections where -- I Page 88 February 12, 2013 think it was Pine Ridge and Airport-Pulling; 27 million cars went through that intersection in a year. We had two red light related accidents. I cannot tell you how many red light runners we had. The reason we didn't have collisions is because of the work that Nick Casalanguida and his amazing traffic engineering staff have done for Collier County. And, by the way, the introduction of that signal system, that engineered signal timing system came about, coincidently, about the same time that the red light cameras were put in place. SHERIFF RAMBOSK: I would have to disagree with that. CHAIRWOMAN HILLER: Okay. SHERIFF RAMBOSK: I believe that that -- on a lot of basis -- I think I just reviewed with you why I believe we have safer roadways. You know, if you would like to get more into the specifics of the discussion -- and maybe this is not the right place to have it -- you know, I believed I was here to promote traffic safety in Collier County but, obviously, that's not why I'm here, so -- CHAIRWOMAN HILLER: But it is. I mean, you are definitely here to enforce the laws that promote traffic safety. But I have a real concern where I'm not hearing clearly what I would have hoped to hear from you, and that is that the presence of red light cameras in -- or I should say the absence of red light cameras in Collier County will not make our roads more unsafe than they are without them. If we take those red light cameras -- COMMISSIONER FIALA: Do you have you statistics for that? CHAIRWOMAN HILLER: If we take those red light cameras away, are you suggesting that the public's safety is at risk and compromised as a consequence? SHERIFF RAMBOSK: I clearly didn't say that. In fact -- CHAIRWOMAN HILLER: No. But I'm asking that question. SHERIFF RAMBOSK: In fact, I thought I said -- I thought I said it -- Page 89 February 12, 2013 CHAIRWOMAN HILLER: That's the question I need answered, though. SHERIFF RAMBOSK: I thought I said exactly the opposite of that. CHAIRWOMAN HILLER: Okay. SHERIFF RAMBOSK: And -- which is, again, why I don't understand that once I've just made that very clear, if we want to go down and discuss what stats we have, what stats we don't, what creates accidents, what does not create accidents, I would be happy to do that. But the majority of that information is coming from your traffic engineering department. It's not coming from my agency. We're responsible for enforcement. And I think one of the dilemmas is that we are continuing to have violations of red lights. So I'll stop there, because I think that will just open another separate discussion. CHAIRWOMAN HILLER: And there is no question that that will continue whether or not we have red light cameras or not. We have distracted drivers. We have drivers who are under the influence, and there's no red light cameras that's going to stop those drivers from running lights. Commissioner Nance? COMMISSIONER NANCE: Yes. I want to go on the record in publicly supporting the effort of the sheriff, who is clearly focused on the safety of our drivers in Collier County. I would also like to commend Mr. Casalanguida and his traffic operations efforts who, everybody must acknowledge at this point, was well ahead of the curve on this issue and made the decision to support the expenditures to do that. That having been said, the issue at hand here is whether, as a matter of public policy, red light cameras promote public safety. There is a great deal of contention over that fact, and that revolves around the way the public gets its information and the public Page 90 February 12, 2013 perception. And I'm going to go off on a little bit of a soapbox here to get some of this out in the public because I think it's very, very important. The public receives its information on red light cameras -- and that's what I'm addressing. I'm not addressing public safety. I'm addressing red light cameras -- from several different places. It receives a great deal of information from the insurance industry, and it receives a great deal of information from red light camera companies. Both of those industries, which are enormous in our country, benefit substantially from the sale and use of red light cameras. The insurance industry, for example, Geico, in the western states in California and Arizona, has revenue over $540 million in California alone, loves red light cameras because every time there's a citation issued, they use those citations out there where it's legal to raise insurance rates. Conversely, red light camera companies as a whole are very, very aggressive in promoting their product. They promote their product for their own selfish reasons. They're interested in making money. It's over a $14 billion industry as a whole. And there are tons of red light camera companies. There's American Traffic Solutions, which we use; there's Red Flex, Red Speed, Traffic Pack, Skato (phonetic), Affiliated Community Services, Laser Craft, and a host of others. And the methodology that they use to get information to the public is that they hire public relations firms that create front groups. And what the front groups do is position themselves as public safety organizations to gain the confidence of the public and to promote their business. This is not illegal. This is perfectly good business. But what they do is they go way out of their way to mold public opinion. And what they do is they create these front groups to act for them to create the illusion and the deception that their grass-roots public agencies focus on public safety when they're not. What sorts of Page 91 February 12, 2013 groups are these? What names of them? I'm sure you've heard of a lot of them. If you've looked on the Internet or you've tried to seek information, you've heard of all these groups: National Coalition for Safer Roads, Keep Houston Safe, The Traffic Safety Coalition, Partnership for Advancing Road Safety, National Campaign to Stop Red Light Running, and the Insurance Institute for Highway Safety. All these are nothing but corporate front groups to promote these industries. There's direct ties to them. In a one-way communication, one of the things that I sent out was a document from the State of Missouri where the National Coalition for Safer Roads was incorporated as a not-for-profit. Very interesting. It's got a very beautiful website. It goes out and promotes itself very well. At the time it was incorporated in the State of Missouri, the board of directors of the National Coalition for Safer Roads consisted of the following people: James Tuton, president, CEO, and founder of American Traffic -- of ATS; Charles Territo, vice president of communications for ATS; David Kelly, the head of the public relations firms for ATS, Storm King; George Hitner, counsel for ATS; and Mr. Ronald Reagan. Mr. Ronald Reagan was a gentleman that sponsored the bill to enable red light cameras in the State of Florida. He, at that time, was their director of national advocacy and outreach, a highly paid employee of ATS. So that's who your grass-roots group has consisted of. This is the sort of things we have to take into account when we examine the information coming forward. So, you know, these front groups put together a pro cam, or public service campaigns, they solicit and exploit victims using appeals to emotion to bend the opinion of the public, they give selective information, they manipulate data to support their products, which is not illegal, but they basically are masking the sponsors of the Page 92 February 12, 2013 message. So the question that we have here in Collier County is really where are we going to get our information to make public policy decisions on health and safety in our community. I know a lot of people think that the red light cameras are a good idea. They're intuitively a good idea. People think, well, people that run red lights are evil people, so they should certainly pay a fine, so on and so forth. It's easy to sell that. But as members of the government, we are trying to make a public health and safety determination in our community, and it is whether red light cameras promote safety or they do not. There's a lot of evidence that they do not. Two other things that I've submitted into the public record, and I want to present these documents, which I sent to all the commissioners here on a one-way communication, are some findings from objective third-party professionals that are tasked with evaluating things regarding public safety and health, and one of them that we have right here in Florida is the University of South Florida College of Public Health. And I've put into the public record and delivered to the fine commissioners here two articles one of which is entitled, "An Update on Red Light Camera Research and the Need for Federal Standards in the Interest of Public Safety," and a second is an article entitled "Counterpoint." The Insurance Institute for Highway Safety study actually found cities using red light cameras had higher red light running fatality rates. As a summary in that one, this agency went through, and they talked about what the study had been done by the Insurance Institute for Highway Safety -- remember that's a front group for the insurance agency -- and they outlined how they used flawed research methods, how they incorrectly reported findings, and how they biased the selection of sampled cities to get the results that they wanted. So these are the dilemmas that we're looking at. Page 93 February 12, 2013 And as a matter of public safety in Collier County, one of the first things that a government has to do is they first have to decide up front that they are going to do no harm. Doing good is one thing. The first thing we have to make sure is that we do no harm. Many, many cities have taken red light cameras out after consideration: Los Angeles, Houston, a lot of others have decided to go in the other direction. CHAIRWOMAN HILLER: Sarasota. Sarasota just did. COMMISSIONER NANCE: There's a lot of them that are considering it, and they're looking at information; they're trying to gather information. Information to the public is 90 percent put out by corporate front groups. COMMISSIONER COYLE: Is this a filibuster? COMMISSIONER FIALA: Sounds like it. COMMISSIONER NANCE: No, it's not -- well, yes, okay, it is. COMMISSIONER COYLE: Okay. I just want to know. COMMISSIONER NANCE: I'm just trying to make it to lunch, Commissioner Coyle. But I'm just outlining the reasons why -- I do support the sheriff and I do support Collier County in being safe, but I do not feel that these are a safety feature for the reasons that I've outlined. Thank you. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. You'd think if red light cameras promoted safety, we'd have them in all of the intersections instead of 11, or 10? Eleven, ten? COMMISSIONER FIALA: Ten. COMMISSIONER HENNING: Anyways, Commissioner Fiala, I have a question for you. The people in favor of the red light cameras, would you report how many you feel that -- supportive in Collier County, and are those basically the same people who emailed all the commissioners or Page 94 February 12, 2013 wrote? COMMISSIONER FIALA: Well, I'm mainly talking about the audiences that I've spoken to. I've been moving in different circles. A lot of the homeowner associations, their annual meetings that I've been speaking to. Actually, I've been the guest speaker at a couple other events. COMMISSIONER HENNING: Well, would it be fair to say that we received correspondence in favor of the red light cameras at the county commissioner office? COMMISSIONER FIALA: Well, they're just telling me in an open forum, but I've also received some letters. COMMISSIONER HENNING: Well, it is fair to say that we receive correspondence of supporting red light cameras. COMMISSIONER FIALA: Verbal correspondence as well, yes. COMMISSIONER HENNING: Okay. That was the question, but that's fine. And the reason -- and I would say 200, at the best, support it. Those were a result of this company or a not-for-profit organization conducting robocalls. COMMISSIONER FIALA: I'm sorry, sir. That -- COMMISSIONER HENNING: I have the floor. And if you support it, they either -- they get you to the County Commissioners Office. Now, if you say you don't support it, they hang up. Okay. That is what happens -- that is what happened in this. This is a well-funded organization, and this is why it's being brought up. COMMISSIONER FIALA: No, sir. COMMISSIONER HENNING: I have the floor. COMMISSIONER FIALA: Yes, but that's a lie. COMMISSIONER HENNING: I'm going to have to talk to this guy over here to do something. But isn't it interesting that it was a 3-2 vote on doing away with Page 95 February 12, 2013 the contract that happened in December after reconsideration -- now we're in February -- after reconsideration could happen, and none of the three who supported it are bringing it back; however, we have a new way to bring it back, and that is a new contract for a contractor who is paying and soliciting to lobby the commissioners to give them a contract without going out to competitive bid. Isn't that interesting? COMMISSIONER FIALA: Well, let me defend that. COMMISSIONER HENNING: Without going out to competitive bid. COMMISSIONER FIALA: He's making accusations. COMMISSIONER HENNING: So anyways, I am going to -- since I see where this is going -- the public wants to know where we're going with this, and it's almost time when we have to go into closed circuit, so I'm going to make a motion that we deny the recommendation. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER NANCE: Second. SHERIFF RAMBOSK: May I speak? CHAIRWOMAN HILLER: Yes. COMMISSIONER COYLE: Yeah. My light has been on a long time. CHAIRWOMAN HILLER: I'm sorry. The sheriff would like to speak. Would you allow the sheriff to speak ahead of you -- COMMISSIONER COYLE: Oh, please, please. CHAIRWOMAN HILLER: -- or would you like to speak? COMMISSIONER COYLE: I just want -- CHAIRWOMAN HILLER: I know. I haven't ignored you. It's just -- I'm going to sequence. Go ahead, Sheriff. SHERIFF RAMBOSK: All right. So maybe we're going down the wrong road here. It was my impression after doing research that we were not going to be requesting this to go back to be renewed in Page 96 February 12, 2013 talking with the commissioner. CHAIRWOMAN HILLER: That's not what she's recommending. She wants it renewed. SHERIFF RAMBOSK: Well, that wasn't the impression I got when I was coming up here. CHAIRWOMAN HILLER: No. She made it very clear that she wants it renewed. SHERIFF RAMBOSK: Okay. COMMISSIONER FIALA: I wanted to keep the red lights, yes. CHAIRWOMAN HILLER: She wants the -- she -- what Commissioner Fiala would like is for us to give the contract back to this company without going out to competitive bid. COMMISSIONER FIALA: No, I never said that. I never said that. I don't care if we go to another company. That doesn't -- CHAIRWOMAN HILLER: Okay. Well, it just said, in your executive summary -- COMMISSIONER FIALA: I never said that. CHAIRWOMAN HILLER: But it says, waive any requirement for formal competition for this -- COMMISSIONER FIALA: Well, I didn't write that; I'm sorry. CHAIRWOMAN HILLER: Oh, you didn't? COMMISSIONER FIALA: No, no. CHAIRWOMAN HILLER: Who wrote that? COMMISSIONER FIALA: I don't know. MR. KLATZKOW: I did. COMMISSIONER FIALA: You did? MR. KLATZKOW: I did. COMMISSIONER FIALA: Okay. The county attorney wrote that. CHAIRWOMAN HILLER: Thank you for clarifying that. SHERIFF RAMBOSK: Okay. My misunderstanding. If, Commissioner, that's the way you're going, I don't believe this aids us Page 97 February 12, 2013 in our continued enforcement with red light running, to place it back on the agenda. And I'll state that for the record. Thank you. CHAIRWOMAN HILLER: Thank you. Thank you very much. COMMISSIONER FIALA: Now, may I respond? I know Commissioner Coyle is next. CHAIRWOMAN HILLER: No. Commissioner Coyle, really -- unless he would like to waive and allow you to -- COMMISSIONER COYLE: Based upon what the sheriff just said, I'm not getting into this process. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: You know, I think all this conspiracy theory stuff and black helicopters and everything is really strange. When you can't rely on the experts of your -- in the county with respect to enforcement, and you can't trust them, then I don't know that there's any point in debating this at all. So it's just my feeling that it's a simple question, has nothing to do about who's advertising what or who's lobbying to do what. I don't care what they say. I want to listen to our local people about what's right for our people in Collier County. And it is simply an issue of the most efficient way to enforce the traffic laws. Now, you could apply the same arguments that other commissioners have applied to the radar detectors that are used by law enforcement to determine if people are speeding. This is merely new technology that is designed to make it more efficient to detect red light runners. So what is going to happen is that if the sheriff is going to enforce our traffic laws, he will have to put a sheriffs deputy at every intersection and try to detect all of the red light runners that occur there. And I can tell you right now every day at lunch there will be eight or 10 running the red light making a left turn onto Airport Road right outside this complex, and a sheriff in a deputy's car can only stop maybe one or two of them. Page 98 February 12, 2013 So it's going to be a very difficult and expensive process and you, the taxpayers, are going to pay for it. So the sheriff, if he wants to continue to enforce the traffic laws against red light running, will come into the Board of County Commissioners and ask for hundreds of thousands of additional dollars for the staff and the equipment to exercise that enforcement process. So just wait. The bill is coming to you who opposed these things. So we'll see what the -- I guess we'll apply the drunken sailor concept again here pretty soon, but we'll have to see how much it's going to cost us. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, I'm very insulted by Commissioner Henning's accusations. I don't know where he comes up with this. Let me tell you -- and then the tittering from the audience because they must be thinking, oh, that's all true, which it's not true at all. Where I came up with the idea was Jeff Lytle. Jeff was writing columns on it thinking we still needed to keep the red lights, and I thought he had a good idea there. And I told him, you know, I'm going to follow through -- keep the red light cameras, and I said, I'm going to follow through with that and told him I would. And not that he said I had to or anything. It was my idea after I read his columns. That's where it started. I don't even know what this robocall business is. So then as I was speaking to groups -- I've spoken to two Kiwanis groups, to a Methodist women's club, to homeowners associations meetings, and every single place -- and, again, these people are just saying, keep the red light cameras. It's so much safer. I'm just listening to the people in the community. I'm not reading everything in all of these traffic things around the United States. As I Page 99 February 12, 2013 said before, I only care about us here in Collier County. I worry about everybody being safe. And that's the only thing that is even prompting me to do that, your safety; your safety, my safety, and my kids' safety. Now, a combination of efforts -- for instance, adjusting of the lights, the red light cameras. I think a good combination of everything only keeps us safer. Are you afraid of getting a red light? Is that why you -- a red light ticket? Is that why you oppose it? I mean, you know, if everybody's driving safely and you never get a ticket, they never make any money. You don't have to worry about who benefits, because if you're not running a red light, no one benefits. So these are things that went to -- I don't even know what you're talking about, this concentrated effort. That's -- I have no idea. That didn't -- that never entered my mind. Only entering my mind is you and your safety. That's it. CHAIRWOMAN HILLER: We have to recess for lunch. Commissioner Nance and Commissioner Henning would like to speak. We still have a public speaker. So we will resume this agenda item when we return. And we have a motion on the table that we still have to vote on. MR. KLATZKOW: What do you want to do about the shade session? Item #12A NOTICE IS HEREBY GIVEN THAT, PURSUANT TO SECTION 286.011(8), FLA. STAT., THE COUNTY ATTORNEY DESIRES ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY, FEBRUARY 12, 2013. THE SESSION WILL BE HELD AT A TIME CERTAIN OF 12:00 NOON, IN THE COMMISSION'S Page 100 February 12, 2013 OFFICE CONFERENCE ROOM, 3RD FLOOR, W. HARMON TURNER ADMINISTRATION BUILDING F, COLLIER COUNTY GOVERNMENT CENTER, 3299 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. IN ADDITION TO BOARD MEMBERS, COUNTY MANAGER LEO OCHS, AND COUNTY ATTORNEY JEFFREY KLATZKOW WILL BE IN ATTENDANCE. THE BOARD IN CLOSED EXECUTIVE SESSION WILL DISCUSS: STRATEGY RELATED TO SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES: FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11-1224; AND SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D 11-1223 - CLOSED SESSION CHAIRWOMAN HILLER: We need to go into the shade session right now. We're going to go in the shade session, and then after the shade session we will resume this discussion, because it has to be voted, and we still have commissioners who want to speak. MR. KLATZKOW: I'm going to make an announcement that we will be commencing the -- CHAIRWOMAN HILLER: Please be quiet. Gentlemen, we're still in session. I'm sorry. MR. KLATZKOW: I'm going to be making the announcement, then, that the Board of County Commissioners, together with the county manager, Mr. Ochs, and myself, will be commencing a shade session with respect to the Hussey matter. We're going in now. We will return from the shade session approximately one p.m. CHAIRWOMAN HILLER: So we'll return at 1:05 to resume where we left off. So thank you. (The shade session was held.) Page 101 February 12, 2013 MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: And we will just get started in a moment after the county attorney returns. In the meantime, if you-all were wondering what we were talking about, we were talking about the perfect romance, because Valentine's Day is coming up. COMMISSIONER COYLE: Nobody was wondering about that. CHAIRWOMAN HILLER: Well, we understand that you're nobody, but there are people out there who were interested. And, really, the ultimate romance is between Morticia and Gomez in the Addams Family. I mean, there is no perfect -- more perfect romance. He is the ultimate gentleman, and she is the most perfect lady. And, remember, this Valentine's Day you buy the bouquet of flowers and you just chop the rose heads off. Just hand the stems over. You've got it made. Is the county attorney here? We have to wait for the county attorney because we can't start discussing the settlement without his direction. What was it? I believe that Gomez used to call Morticia Cara Mia, and then she would call him Shevie (phonetic). Those are the little things that make the difference. COMMISSIONER FIALA: In other words, what you're trying to say is remember your sweetheart for sweetheart's day? CHAIRWOMAN HILLER: Yes, exactly. And I think the perfect word for Valentine's Day, for all of you out there interested in this discussion, surrender, surrender. That's it, one word, surrender, and you will have a perfect Valentine's Day. COMMISSIONER COYLE: You would have a perfect Board of County Commission meeting if you do that, too. CHAIRWOMAN HILLER: Commissioner Coyle, every time I look in your eyes, the word "surrender" comes to me. It really does. COMMISSIONER COYLE: Yeah, I'm sure of that. Page 102 February 12, 2013 CHAIRWOMAN HILLER: It does. COMMISSIONER NANCE: No. Valentine's Day is one of those where that old southern maxim comes up that everybody knows they have to obey, and that's if mom ain't happy, ain't nobody happy. COMMISSIONER FIALA: You're right. COMMISSIONER NANCE: Just keep that in mind, and you'll sail right through. COMMISSIONER HENNING: That's why I'm single. COMMISSIONER NANCE: You forgot that rule? COMMISSIONER HENNING: No, I know that rule. I'm an independent thinker. CHAIRWOMAN HILLER: You want to hear another good line? I mean, since we're on this Valentine's -- COMMISSIONER COYLE: We haven't heard one good one yet. CHAIRWOMAN HILLER: Darling, that's because -- that is because you're hard of hearing, okay? Okay. What's another -- you shouldn't should love. How's that? Is that a good one? You shouldn't should love. Think about it. That's deep. COMMISSIONER NANCE: What? CHAIRWOMAN HILLER: You shouldn't should love. COMMISSIONER NANCE: That's true. COMMISSIONER HENNING: Can we talk about green lights? CHAIRWOMAN HILLER: Can we get the county attorney? MR. OCHS: Yes, ma'am. MR. KLATZKOW: My apologies. Item #12B (Tabled to later in the meeting) FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE COUNTY ATTORNEY Page 103 February 12, 2013 REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES: FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1224; AND SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1223 - MOTION TO TABLE THE ITEM TO ALLOW THE COUNTY ATTORNEY AND PLAINTIFF'S ATTORNEY TIME TO REWORK SETTLEMENT LANGUAGE — APPROVED; A SETTLEMENT WAS AGREED UPON BY ALL PARTIES AS PRESENTED BY THE COUNTY ATTORNEY'S OFFICE CHAIRWOMAN HILLER: We're on 12B, Jeff. MR. KLATZKOW: Yes. COMMISSIONER COYLE: That's under the county attorney's report. MR. KLATZKOW: Do you want to do 12B now? MR. OCHS: Yes. MR. KLATZKOW: The shade session's now concluded. 12B is the hearing of the settlement agreement. CHAIRWOMAN HILLER: We have concluded our shade session and, Commissioner Nance, I believe, would like to discuss his proposal. COMMISSIONER NANCE: Yes. It's an unfortunate thing when you have litigation in a county. When you find the citizens and the county in legal action against one another, it means that we've had a failure as a community, and somewhere down the road we didn't do something right together. So I believe it's the -- it's the intention of the Board of County Commissioners to reach a settlement at this time, and I believe that we've reached a settlement that probably doesn't give everybody everything that they wanted, and that's probably a good thing, because Page 104 February 12, 2013 if everybody's a little dissatisfied with it, then we're probably striking a balance that gets things done for everybody. At this point I'm going to make a motion to accept the settlement under consideration as written and see if I can get a second, or we can open it for discussion. COMMISSIONER COYLE: I'll second it for discussion. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I believe there was a few minor changes to what was in our agenda, Mr. Klatzkow? MR. KLATZKOW: The exhibits have been slightly modified. There's a new exhibit page, and then there's a legal description for Exhibit B, and I'll put Exhibit A on the monitor. MR. MILLER: Madam Chair, we do have five registered speakers for this item. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Who's the speakers? MR. MILLER: We have Roger Rice, Mark Teaters. Am I saying that right? MR. TEATERS: Yes. MR. MILLER: Nicole Johnson, Peter Gaddy, and Nancy Payton. COMMISSIONER HENNING: Are you ready for the speakers? CHAIRWOMAN HILLER: I believe Commissioner Fiala would like to speak first. COMMISSIONER FIALA: No, that's all right. I'd like to hear the speakers first. CHAIRWOMAN HILLER: I would like to make a comment before we get to the speakers. I don't believe that the settlement proposal as presented, which is complicated, achieves the sought-after intent. I believe that what ought to be on the table is a very simplified version that boils down to what the Husseys are asking for, and that is the right to apply for a conditional use permit to mine their property. Page 105 February 12, 2013 And I believe that the settlement offer should be limited to giving them the right to do that. What's proposed here by swapping properties and all sorts of development rights, in my opinion, is opening up a Pandora's box that we should leave closed and doesn't achieve the intended objective. So I just wanted to throw that out there, and I would like to have the board consider a simplified settlement offer, even though there is a motion on the table and a second, rather than what is being proposed here right now. COMMISSIONER FIALA: And, actually, basically that's what I was going to say after we heard from our speakers, but I first wanted to hear from them, but I agree with you. CHAIRWOMAN HILLER: Thank you. Can we hear our speakers. MR. MILLER: Your first public speaker is Roger Rice. He'll be followed by Mark Teaters. MR. RICE: Good afternoon, Commissioners. I represent CityGate Development, LLC; 850 NWN, LLC; and CD2, LLC, collectively, the developers of the CityGate Commerce Park. CityGate is an approved PUD/DRI of approximately 287 acres. It is a commercial and industrial park that is a vested DRI. CityGate is in close proximity to the Husseys' property and appears that it will be the focus of heavy truck traffic from any mining operation on the Husseys' property, as it connects to 951 and Collier Boulevard. While CityGate recognizes the public's interest served by the resolution of the pending litigation and the limitation of the potential financial exposure to the county, it does object to the proposed -- currently proposed Hussey settlement agreement being considered and entered into by Collier County without first addressing CityGate Commerce Park's concerns. These concerns were -- excuse me. These concerns were Page 106 February 12, 2013 itemized and listed and detailed in a letter that was sent to you yesterday from Attorney Richard Annunziata with the law firm of Brennan, Manna & Diamond. I won't go into details. I'll just talk about two of the concerns with the proposed settlement. We believe that it's deficient in that it fails to clearly set forth that any earth mining operation on the Hussey property will be subject to the conditional use process, including public hearings, and provide for an analysis of any use and impact of such use. Again, I mean, this could be simply resolved by making that clear. Our second concern is the term "future Wilson Boulevard extension." That should be defined to mean the extension of Wilson Boulevard from its current terminus south to the east/west connecting road of White Lake Boulevard. Now, the Florida Rock private haul road which is on -- listed on one of the exhibits, is just a portion of, and it is not part of the future -- it is part of but not the future Wilson Boulevard extension. If it is anything, it's an extension of White Lake. It's 3 miles from where Wilson Boulevard terminates to where the haul road would begin, 3 mile of gap. In raising its objections, CityGate wants to make it very clear it does not object to the Wilson Boulevard extension system as set forth in the 2035 plan. Such a system will be of great benefit to the Golden Gate residents, existing business, and future businesses that will use the system as well as the public service providers such as Collier County utilities division, South Collier Regional Water Treatment Plant, and the Collier County Landfill. Thank you. MR. MILLER: Your next public speaker is Mark Teaters. He'll be followed by Nicole Johnson. MR. TEATERS: Good morning, Commissioners. Mark Teaters. I am here representing the homeowners association of Golden Gate Page 107 February 12, 2013 Estates. I was chosen because of my obvious proximity to the potential uses of this property and the roadway network. I do agree with the chair. I think that this agreement is not -- it's not correct. I don't think it's what we need to be doing right now. I think the settlement on this is premature. I think that we all should understand that any changes in the North Belle Meade overlay, which is an important thing, are going to be cumulative. And I think that it's going to -- it's going to have tremendous impacts on the entire area; not just North Belle Meade, but the Golden Gate Estates as well. I think -- the public meeting process that Commissioner Henning suggested before we went to the Planning Commission I think is important, and I think we need to get to that. People need to truly understand the impacts of this. Also, back to transportation. The affect and impact on Golden Gate Estates and its citizens. This is not going to be a pretty thing. I don't really think it's a good thing at all. Again, I think that -- I think that this should go on. I think we should get a specialized attorney to work with the Bert Harris claim. I don't think that the person that's suing us has demonstrated there's a -- I don't think they've demonstrated that they have a claim. To say that there's $92 million worth of rock in the ground, there's no demonstration of that. There's no proof. Anyway, I appreciate the opportunity today, and I'm sure you guys will make the right -- you guys and ladies will make the right decision. Thank you very much. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Peter Gaddy. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson, here on behalf of the Conservancy of Southwest Florida. Page 108 February 12, 2013 The Conservancy believes that it's premature to go into a settlement at this time, and we believe that the proposed settlement is not appropriate at any time. From the Conservancy's perspective, there are two basic overarching components to this litigation. The first deals with the designation of the Hussey property as sending lands through the rural fringe TDR program. The validity of that program and its compensation through TDRs for both surface and subsurface rights has been challenged and won, appealed and won, challenged again, and so you're on that second appeal. So how strong is the county's case? We believe that you would benefit by having an attorney specializing in Bert Harris litigation sit down and really take a look so the county can position itself to determine if you want to negotiate and, if so, where are you at for your leverage in the negotiation process. The second overarching component to this case would seem to be the claim that there is this tremendous quantity of rock on the Husseys' property, that there's a $91 million diminishment in value because the sending land designation does not allow the mining. I haven't seen any data and analysis to show that that is, indeed, the case, and I think that's something that the county needs to have in front of them as you're doing any kind of negotiations. Moving from these overarching issues to the draft settlement that's before you today for discussion. The Conservancy is strongly opposed to the concept of including land use changes in this settlement for lands that have nothing to do with the Hussey Bert Harris claim, being the lands on the 846 Land Trust property. This land is located nowhere near the Hussey property in North Belle Meade, and the ecological value of the land is not equivalent, so it just isn't appropriate. The concept of keeping the balance of sending lands equal through this acre-per-acre swap as stated in the draft settlement doesn't Page 109 February 12, 2013 address the intent of the rural fringe program which was to take a look and identify at a landscape level those areas that, from an ecological, connectivity, adjacency to other conservation lands' perspective, really made sense for the sending designations. Turning the Hussey sending to receiving and the 846 receiving to sending purely because the owners of the lands find such changes mutually beneficial we believe really does not work and certainly diminishes the intent and the integrity of the rural fringe program. So to conclude, we ask that instead of pursuing this settlement, you take a step back, have a Bert Harris attorney work with you, take a look at the $91 million claim of rock in the property, and that once you do decide, if you do, to go into negotiation discussions, the 846 land be separated. And, Commissioner Hiller and Fiala, I appreciate that you're really wanting to separate those two out, but there also needs to be some compensation. If you're going to look at allowing some sort of use on the Husseys' North Belle Meade property, how are they going to compensate for that sending land that will not be protected? So the compensation point is really what still needs to be gotten at. But we appreciate your work on this. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala would like to comment. COMMISSIONER FIALA: Just a couple questions. I've heard you, and I agree with you as far as an attorney's specifically addressing Bert Harris. Tom Pelham specializes in that, doesn't he? Does he still? I know I've talked to you briefly, but I would like you to mention again. MS. JOHNSON: He does. I don't know when his last case was, but he is an attorney that has Bert Harris specialization and, of course, he was on the defending end of that when he was secretary of DCA, both terms; he was secretary in the '80s and then just several years ago. So he, from our perspective, is very much qualified. Page 110 February 12, 2013 COMMISSIONER FIALA: Okay, fine. And another thing, I was just wondering -- and maybe you can tell me as an environmentalist -- how land that has been considered sending lands -- sending lands, right, nothing should be on there, it's environmentally sensitive, how can, miraculously, they become receiving lands? I just -- and vice versa. How can receiving lands who have been open to anything now all of a sudden become environmentally sensitive? Do you have an answer for me on that? MS. JOHNSON: Well, that's the concern that there was a specific thought process involved in determination of the sending lands and the receiving lands. It made logical sense from what was on the land, what the land was adjacent to, did it connect panther movement, wetland corridors, those sorts of things. So you'd really have to take a look and see, if some change were desired on one portion, does it make sense? Is there a way to compensate in the immediate area for those impacts? And, you know, I haven't really looked specifically at that site but -- COMMISSIONER FIALA: Okay. MS. JOHNSON: Yeah, it is -- COMMISSIONER FIALA: That was just a question I've had. I have pages of questions here. But just going back to what Commissioner Hiller said and, of course, I have been thinking this as well -- in fact, we discussed it in -- I don't know if I'm allowed to say that -- in shade session. Was -- if they're just after -- if their real bottom line is that they wanted to have the ability to apply for a conditional use, you don't have a problem with that, do you? MS. JOHNSON: Well -- COMMISSIONER FIALA: On their own personal property without swapping anything. MS. JOHNSON: Right. Well, it -- on the sending lands, Page 111 February 12, 2013 conditional uses for mining were something that specifically were prohibited. If the county wanted to enter into negotiations to allow that use, I think we'd have to see what area would be logical to do that on and what compensation, but -- CHAIRWOMAN HILLER: Right. And if I may clarify to add to what Commissioner Fiala said. The issue is whether or not they should have the right to apply for a conditional use permit and then, as you say, to the extent that this is sending -- and the label doesn't change the character of the land. You can call it sending, receiving; you can call it anything you like. It is still environmentally what it is. So if they were given the right to apply for a conditional use permit and the board were to approve that permit and give them the right to mine, then there would be offsetting mitigation because you are, in effect, working with environmentally sensitive land. And the question of what that mitigation would be would come into play. MS. JOHNSON: Well, it would, but under your conditional use provisions, they really deal more with land use compatibility. And I'm not sure they really offer you the opportunity to dig down into the detail of -- because these were sending lands and they have that higher ecological value, I'm not sure how limited the county might be in placing additional constraints on that. Because for many of the environmental and wetland issues, the county defers to the agencies. So the conditional use process may be a bit more limiting than that. You can put conditions on, but to what extent you can do appropriate compensation for turning sending or allowing mining on sending where it was not anticipated, I'm not sure how much latitude you would have on that. CHAIRWOMAN HILLER: So it wouldn't be us but rather the state and federal agencies that would make that determination? MS. JOHNSON: That would be strictly from the wetlands and wildlife issues. But, you know, remember, the sending land Page 112 February 12, 2013 designation dealt with county planning and -- CHAIRWOMAN HILLER: I understand. Well, I think the point you make is a very important one because, regardless of the label, the nature of the land is what it is, and any use that is permitted on that land will be subject to mitigation as dictated by the state and federal agencies. So, yeah, I understand that. So, you know, we're back at that bottom-line question of, you know -- the swap accomplishes nothing, in my mind, nothing. The issue is whether or not they ought to be given the right to apply for that conditional use permit. And if there's a majority of the board that supports that, then they can apply for that and then, as you point out, mitigation would be determined by other agencies. Okay. MR. MILLER: Your next public speaker is Peter Gaddy. He'll be followed by Nancy Payton. MR. GADDY: Good afternoon, Commissioners. Madam Chair, your comment that the swap accomplishes nothing is not quite true. It does have substantial effects. And I'd like to -- I'm going to confine my remarks to Paragraph 8 of the agreement, which I think is very poorly written, very ambiguous, and it's uncertain exactly what rights are being transferred to the 846 property owners. The rural fringe mixed-use district was created to provide a transition between rural and urban. What happens in the settlement agreement is that as far as the 846 property is concerned, they are -- they are singled out for special consideration. Let me tell you some of the things that they can do with that 846 property that other owners in the rural fringe area cannot do. They can proceed to a PUD without a Growth Management Plan amendment. They can create 2.5 units per acre, which is an urban standard, not a transitional standard. They eliminate the green belt, which is required around rural villages. The rural village can exceed 1,500 acres. The 846 will receive 578 acres of sending land, approximately $14 million worth of Page 113 February 12, 2013 sending land. An arterial road will go through their property, an action that's prohibited in the rural fringe. Millions of square feet of commercial could potentially be developed. The residents of the surrounding community of Golden Gate Estates are being cheated of the public process by this settlement. I would ask that you reject the current settlement and go back to the simple solution suggested by the chair. CHAIRWOMAN HILLER: Thank you. And I just want to clarify. When I said it doesn't do anything; you're right, it does all those bad things. I meant it just doesn't add value to the settlement. We can achieve what is intended, which is to give the Husseys the opportunity to apply for a conditional use permit before -- MR. GADDY: Right. CHAIRWOMAN HILLER: -- before the board without doing all this extraneous stuff which has all these unintended, potentially -- and I say potentially because you never know -- but negative consequences. MR. GADDY: Yeah. There's potentially a lot of damage involved, which is difficult to put a price on at this point in time. I think there are just going to be all sorts of unintended consequences from this settlement, and this settlement is not going to do anything to bar the environmental groups for continuing the litigation. So my suggestion would be come up with a settlement that's going to satisfy everybody and end the litigation before you wind up spending millions in attorney's fees. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Nancy Payton. She'll be followed by your final public speaker on this item, John Vega. MS. PAYTON: Good afternoon. Nancy Payton representing the Page 114 February 12, 2013 Florida Wildlife Federation. Florida Wildlife Federation and Collier County Audubon Society are defendant intervenors in the Circuit Court and are appellants in the appeal court. The Court agreed that we have the right to defend the interests of endangered species. The Federation and Collier County Audubon Society presented several reasons for dismissing the Hussey complaints including: The claims are untimely and fail to meet the criteria of the 1995 Bert Harris Act. The Growth Management Plan restrictions on mining are required by laws that existed prior to May 11, 1995, which is the date that the Bert Harris was enacted; especially, we refer to the 1972 Federal Endangered Species Act. This law prohibits Collier County from adopting land use decisions resulting in habitat modifications which significantly impair the behavior of endangered species and, specifically, we speak of the Florida panther and the Red-cockaded woodpecker, both federally protected. The Federal Endangered Species Act not only prohibits the acts of those persons who directly take or harm an endangered species through habitat degradation, the act also prohibits actions of a third party, such as Collier County, which will bring about secondary impacts and cumulative secondary impacts likely to take/harm, an endanger species. Collier County Audubon Society and the Federation withdrew from the settlement talks because the habitat needs of Florida panthers and the Red-cockaded woodpeckers failed to receive proper consideration. And, in fact, your proposal that you're considering today has no consideration for them. Remember, sending lands are the result of a successful challenge by the State of Florida, Collier Audubon, and Florida Wildlife Federation. We brought that in 1999 because Collier County failed to properly protect the habitat of listed species. Page 115 February 12, 2013 Dr. Hussey challenged that and failed. He appealed that; failed. Collier County, Collier County Audubon Society, and Florida Wildlife Federation have prevailed every time in every hearing room and in every courtroom for over 10 years. Please don't give up now. In doing so, the North Belle Meade overlay will be undermined and the entire rural fringe mixed-use district is put in jeopardy. Brad Cornell provided you with a letter, which I will put into the record. He also commented about the ecological disparities between 846 and Dr. Hussey's property. I also wanted to make a comment to Commissioner Hiller about federal review. And it's important to note that if there are no impacts to federally protected or considered wetlands, there is no trigger for the U.S. Fish and Wildlife Service to require mitigation or panther compensation. It becomes, from their perspective, voluntary. So if the mining operation avoids wetlands, there is no federal trigger. So you, ultimately, are the last resort for the protection of those endangered species. Thank you. CHAIRWOMAN HILLER: Commissioner Fiala would like to -- COMMISSIONER FIALA: No, I'll wait till after Mr. Vega. I'll get it first then. CHAIRWOMAN HILLER: Okay. MR. MILLER: Your final speaker on this item is John Vega. MR. VEGA: I merely wish to address the legal arguments raised by Mr. Annunziata and Ms. Payton. This is not the final stop, even if we reach a settlement. By law, under the Bert Harris Act, any settlement agreement must be brought jointly into the Circuit Court for review and approval by the judge, and the measure of approval is for the Court to ensure that the relief granted protects the public interest. If those arguments are valid, which I disagree with, the forum to Page 116 February 12, 2013 have that argument is not here. Thank you. COMMISSIONER NANCE: Mr. Vega, excuse me. I want to ask one question, if I might. You heard the comments from Mr. Gaddy regarding the PUD provisions in Paragraph 8 of the settlement agreement. Would your client -- in order to secure a settlement today, would your client be willing to forego those references to PUD in Paragraph 8? MR. VEGA: I would have to defer that question to Mr. Bruce Anderson, but he's indicated a willingness to speak. COMMISSIONER NANCE: Mr. Anderson, could you -- Mr. Anderson, there seems to be a great concern about the potential ramification of going forward with a PUD and its impact on other receiving landowners in the -- in the rural fringe. Would you be willing to strike those couple of sentences regarding PUD in order to achieve a settlement today, sir? MR. ANDERSON: I think so. I'm not clear what gets accomplished by that because the PUD requires a public hearing process. COMMISSIONER NANCE: I understand that, but there seems to be some anxiety over granting that. It might be of some comfort to some of the commissioners here if we could just eliminate that whole discussion down the road and you would just accept the provisions of the settlement agreement, and agreeing just to have only the rights within the RFMUD that any other property owner would enjoy, sir. COMMISSIONER FIALA: By RFMUD you mean? COMMISSIONER NANCE: The rural fringe misuse (sic) district. COMMISSIONER FIALA: Mixed-use. MR. KLATZKOW: Misuse. COMMISSIONER NANCE: Mixed. CHAIRWOMAN HILLER: Commissioner Fiala would like to comment. Page 117 February 12, 2013 COMMISSIONER FIALA: I'll just fill in the gap until Mr. Anderson comes back. You've heard my concerns, but I have one other concern I'd like to put on the record right now and that is the concern that isn't addressed in here. But I'm thinking of all the residents that live in that area. And if something like this takes place -- and I have to say, Dr. Hussey never ever envisioned that this would be a problem area. When he bought this land way back when, it was in the wilderness. So he thought he was buying an area that would be perfect for mining. It was in the wilderness. Whoever thought that we would grow so quickly and grow out so far? But here we are in this age, and it's grown very quickly, and everybody wants to live in a paradise, and we do. And other people want to come and join us. So I'm thinking about the people who already live there. If they had mining trucks and maybe 300 a day going down their streets, I mean, that would be a terrible impact to neighborhoods. Not only that, but if you decided you didn't want to live with those trucks going by for 30 years, then you want to sell your house, but you have no value left because nobody else wants to buy your house. I think of that. Not only that, but that area could never grow with growth taking place as it is. People would not want to move near a mine or near the roadways leading from the mine to other areas. I'm afraid it would just make that a dead area, and I'm very concerned with that as well. Thank you. MR. ANDERSON: Commissioner Nance, the answer is yes. On the overhead the lines that are struck through, is that what you were wanting to be removed? COMMISSIONER NANCE: Yes. I was just wondering if the commissioners would take a look at that and just examine the third and the fourth sentences are all references to PUD zoning and Page 118 February 12, 2013 anything to do with PUD zoning within there. The rest of it is restricted to -- just restates that it's eligible for general use under the rural fringe mixed-use district, but it does, indeed, extend the TDR bonus credit for sending areas. MR. ANDERSON: The other thing that it does is still keeps the acreage exchange. COMMISSIONER NANCE: Yes; yes, sir. MR. ANDERSON: So a portion of the State Road 846 lands would become sending lands -- COMMISSIONER NANCE: Yes. MR. ANDERSON: -- in an equal amount to -- COMMISSIONER NANCE: Yes. The only thing we're talking about is the language exactly as you've struck through. MR. ANDERSON: Yes. COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: I think -- I want to clarify. The TDR language should be eliminated also. There's a fundamental problem with that whole TDR program, and it would be -- it would be unenforceable, unworkable. What government did is they basically set a minimum price for these TDRs at 25,000, which is price fixing. And so I don't see how any, you know, subsequent owner of those TDRs could enforce that. So I think that should be eliminated. And then going down where you talk about -- I want to read the -- what isn't struck through, which is after the parentheses. A conditional use for earth mining and extraction was previously approved for this property, a portion of which is changed from receiving to sending lands by this agreement. Earth mining and extraction are no longer permitted on these sending lands, and no amendment of the conditional use approval is necessary to enforce this prohibition on earth mining and extractions on these sending lands. It's not very clearly written. But if I understand correctly what Page 119 February 12, 2013 you're saying is currently on the receiving lands, they have the right to mine. And what you're doing by swapping the sending and receiving is you're transferring the right to mine, which exists on the current receiving, to what will be the relabeled sending. And so there wouldn't be any need to go before the board for a conditional use permit with respect to mining on what is now currently known as sending lands. Is that what that paragraph says? COMMISSIONER NANCE: Excuse me, Madam Chairman. This is in reference to the Jones Mine that's on the 846 lands. This is not -- this doesn't have anything to do with the mining on the proposed conditional use mining. CHAIRWOMAN HILLER: But it does, because the way this is written it says -- COMMISSIONER NANCE: This refers to 846 lands. CHAIRWOMAN HILLER: Right, and that's exactly what I'm referring to. What that says is that currently, on the 846, mining is permitted. Okay. When we swap the label from sending to receiving on Hussey's property, what we are -- what currently is attributed to 846 is going to be attributed to the Hussey property, which would be inclusive of the right to mine, or does that not say it? Because when I read that, that's what it says. I mean, that wording needs to be clarified to say that notwithstanding the changing of the label from sending to receiving, that Hussey still has to go before the board for a conditional use permit if he wants to mine that property. That paragraph doesn't say that. MR. KLATZKOW: This isn't the Hussey. This is the 846. CHAIRWOMAN HILLER: No, I understand that. You've got -- MR. KLATZKOW: My understanding is that currently on the 846 property you have an area that has a conditional use to mine. CHAIRWOMAN HILLER: Correct. MR. KLATZKOW: The portion of that area that is changing the Page 120 February 12, 2013 designation from receiving to sending can no longer mine. COMMISSIONER NANCE: That's what it says. CHAIRWOMAN HILLER: And, and, we are not transferring that right to mine from 846 down to the Hussey property without the conditional use hearing process qualifying them to do so because -- MR. ANDERSON: You're right. CHAIRWOMAN HILLER: Okay. But that's not what this says. MR. ANDERSON: Well, no -- okay. CHAIRWOMAN HILLER: That is not what this says. What this says is you've got the right to mine over here, and because we're going to take what you have the right to do and put it over here and take what you've got over here and put it over here, you, then, as a consequence, will have the right to mine without going through the conditional use approval process on the property that you have just relabeled. I mean, that's what that says. Whether that is your intent or not is secondary. But the wording here is very clear to me. So, I mean, rewording it -- I mean, I would just eliminate all of that and state that notwithstanding the relabeling of sending to receiving, which I personally still don't agree with, the right to mine on Hussey's property is subject to discretionary approval by the board if and when the Husseys come before the board to apply for a conditional use permit to mine which, in my mind, if you eliminate Paragraph 8, it boils everything back down to the simple syrup of the Husseys want to have the right to come before the board and apply for a conditional use permit to mine on their property. Why can't the settlement just be that? MR. ANDERSON: I'm not involved in that part, and I can't speak to it. CHAIRWOMAN HILLER: And then just eliminate all this complexity of swapping properties. Because 846 is not going to get any more than what the Husseys' land has, and Hussey's not going to Page 121 February 12, 2013 get any more -- or actually is going to get less than what 846 has, because it's not going to get the right to mine as a matter of right merely because it was already approved on 846. MR. VEGA: Correct. The reduction in the 846 mine has no effect on the Hussey property. It was not intended to. It may have inadvertently, but that paragraph was not intended to give any rights to the Hussey property whatsoever. CHAIRWOMAN HILLER: Right. So if you eliminate Paragraph 8, you're back down to the simple solution of giving the Husseys the right to apply for a conditional use permit to mine on their land, and that's what you want. Isn't that what you want? MR. VEGA: The Husseys would like for all of their land to be receiving. They are willing to compromise for roughly half of their land to be receiving. CHAIRWOMAN HILLER: Well, but -- but let me ask the question. I thought the whole issue here was about mining. MR. VEGA: Commissioner, no. The issue is about the loss of rights on the Hussey property that includes everything associated with the rights that they used to have and the rights that they no longer enjoy. One of those rights is a conditional use for mining. CHAIRWOMAN HILLER: No. The right to apply for a conditional use permit. MR. VEGA: Right. CHAIRWOMAN HILLER: It was not a conditional use for mining. MR. VEGA: Right. It was not a prohibited use. It went from "you may apply for a conditional use" to "you are now prohibited." That is one element. Currently, the transportation network would not even allow a mine on the Hussey property. It may not happen in our lifetimes. It may not happen at all. The net effect to mining from this proposal is a reduction in the Page 122 February 12, 2013 mining in Collier County because we've eliminated over a hundred acres of mine from State Road 846. But the benefits to the Hussey property of becoming receiving lands are tangible, and that has value, and that is why we're here today. CHAIRWOMAN HILLER: And other than the conditional -- the right to apply for a conditional use permit to mine, what rights are the Husseys' claiming have been denied by labeling them sending instead of receiving? MR. VEGA: They've gone from one residential unit per five acres to one residential unit per 40 acres. This is a substantial use. They've lost the right to gated subdivision. They have lost utilities. They've lost the right to a golf course. CHAIRWOMAN HILLER: So it's a residential development, a higher density. But were they not compensated for that? MR. VEGA: They have not received a penny from anyone for their loss of rights. I've always maintained this was such a loss of rights that it is unconstitutional under the pen balancing test, and that's a count of the complaint that is still active and is under appeal. I think we're getting -- COMMISSIONER HENNING: We're arguing the case instead of -- MR. VEGA: Right. COMMISSIONER HENNING: -- addressing the issue that we have on hand right now. There's a motion and a second on the floor. CHAIRWOMAN HILLER: The only reason I bring it out is because, as part of the settlement, you want to understand what they claim they've lost in order to come up with an understanding of what they want, and it's not arguing the case. But, Commissioner Nance. COMMISSIONER NANCE: Yes. I'd like to -- with the permission of the second, I'd like to change my motion to adopting the settlement with the changes as suggested by Mr. Anderson, which is to Page 123 February 12, 2013 strike the third and fourth sentences as shown on the overhead here on the settlement. CHAIRWOMAN HILLER: You still have a problem with the wording. I mean, all of 8 is problematic. I mean, if you took out 8, maybe you could have a settlement. COMMISSIONER NANCE: I don't think you'd want to take out 8, because the reduction in the mining that you're going to get on the 846 lands is a substantial benefit to the settlement. You're reducing the amount of mining that's taking place with a land swap. CHAIRWOMAN HILLER: The way this is described, you're automatically transferring those rights without the conditional use discretion. COMMISSIONER NANCE: No. I'm sure we can change that language. And I don't see that, since this is discussing 846 land, and that never mentions that in there. But I'm sure Mr. Anderson would be willing to wordsmith that to the chair's comfort; is that assumable? MR. ANDERSON: Yes. I'll defer to Mr. Vega to do the wording on the Hussey land. COMMISSIONER NANCE: Mr. County Attorney, could that be done? I mean -- MR. KLATZKOW: Of course. COMMISSIONER NANCE: -- if there's anxiety with Commissioner Hiller, I hope that that could be resolved. MR. VEGA: That would be no problem on our end. CHAIRWOMAN HILLER: What is the value of the TDRs that we're giving? I think -- didn't you mention you knew what the value of the TDRs was? MR. GADDY: 14,025,000. CHAIRWOMAN HILLER: You have to speak in -- MR. GADDY: By your ordinance, the TDRs are valued at $25,000 apiece. So it's a question of arithmetic. I believe it's 578 acres. In addition to that -- Page 124 February 12, 2013 CHAIRWOMAN HILLER: What is the value of that? MR. GADDY: Fourteen million and change. CHAIRWOMAN HILLER: So we are giving them the equivalent of $14 million in TDR -- TDRs on top of this? MR. KLATZKOW: No, that's the whole point of balancing. COMMISSIONER NANCE: The whole point is you're taking it away on one piece, giving it back on the other. There's no net loss or gain. CHAIRWOMAN HILLER: Is there no net loss or gain? MR. GADDY: I don't know. I'd defer to a land development expert, you know, for that. You know, I mean, that's more of a philosophical question than an accounting question. MR. ANDERSON: It's an even swap. I mean, that was the whole point of making sure that the acreage was the same, so that there is no net effect change on the -- on the number of TDRs available. It's not going to change. It's just going to come from one area instead of the other. That's all. CHAIRWOMAN HILLER: Is that true? MR. KLATZKOW: That's the whole point. CHAIRWOMAN HILLER: Okay. That clarifies that point. Why don't you go back and rework this with the county attorney so there is no ambiguity in what we're voting on. Why don't we just continue this till you two -- MR. KLATZKOW: Why don't we table this. I'm going to send them upstairs to work with my deputy. They can wordsmith it. He'll bring it back. CHAIRWOMAN HILLER: And bring it back at the end of the day. MR. VEGA: We'd be happy to add a sentence to the paragraph relating to the Hussey lands that says that any mining would be subject to a conditional use -- CHAIRWOMAN HILLER: A conditional use. Page 125 February 12, 2013 MR. VEGA: -- application. CHAIRWOMAN HILLER: Let's do this. MR. KLATZKOW: I'd like -- if the board is going to vote in the affirmative on this, I really would like to get this done. CHAIRWOMAN HILLER: I agree. MR. KLATZKOW: So with the board's indulgence, if you can table this so I can get the settlement agreement conformed to what I'm hearing here, we'll bring it back. COMMISSIONER NANCE: I'll make a motion to table it while the County Attorney and the Plaintiffs Attorney and Plaintiff get together for wordsmithing. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER HENNING: Are we going to go back to the green lights? Item #10E (Continued from earlier in the meeting) RECOMMENDATION TO DIRECT STAFF TO NEGOTIATE AND BRING BACK TO THE BOARD AT ITS NEXT MEETING A NEW RED LIGHT CAMERA AGREEMENT BETWEEN COLLIER COUNTY AND AMERICAN TRAFFIC SOLUTIONS INCORPORATED (ATS), AND THAT GIVEN THE UPCOMING MARCH 1ST DEADLINE WITH ATS, AS WELL AS THE INFRASTRUCTURE AND PROCEDURAL PROCESSES IN PLACE, THAT THE BOARD WAIVE ANY REQUIREMENT FOR Page 126 February 12, 2013 FORMAL COMPETITION FOR THIS WORK - MOTION TO DENY — APPROVED MR. OCHS: Madam Chair, you have an open item on red light cameras, and you also have a 1:30 time-certain on your economic development proposals. CHAIRWOMAN HILLER: What is the pleasure of the board? Would you rather hear the red light camera or the economic development? COMMISSIONER HENNING: You have the majority of the residents here on the green light issue. CHAIRWOMAN HILLER: So let's go with the green light. COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: Well, can I can ask a question? If you've got -- everybody here is opposed to it, we know the vote to retain it is going to fail, why don't we just vote to get rid of them, and then we can go on with our business and they can go on with their business? MR. OCHS: We have a public speaker, Commissioner. I didn't know if -- he has not been called yet. CHAIRWOMAN HILLER: Right. MR. HENRY: I traveled 400 miles to come here, Commissioners, so I'd like to have a 2 cents worth of time, if I could. COMMISSIONER COYLE: Two cents? MR. HENRY: I used to work here, so I know what time is valued at in Collier County. Up north outside of Tallahassee, it's not worth as much. COMMISSIONER NANCE: About $400 a minute. CHAIRWOMAN HILLER: Forgive me for saying this, but that was touche. No, I think we have to give -- in light of the fact the public speaker traveled, I think it's only fair that we -- Page 127 February 12, 2013 COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: -- give him the time that he has available to make his presentation. MR. MILLER: Your public speaker is Paul Henry, and, again, Madam Chair, he has 20 -- or he has 60 minutes of ceded time. MR. HENRY: I have a PowerPoint here that I'm going to hopefully put up on the screen to see. There it is. And this is not the format that I normally use, so I want to go from the beginning. There we go. COMMISSIONER NANCE: Excuse me, sir. Could you tell us what the nature of your company is. Why are you here? MR. HENRY: I am here at the request of several citizens that have paid my expenses to be here. They have not paid me to be here. This work that I do is done for free. I do own a small lobbying research and speaking firm outside of Tallahassee. Last year I was a lobbyist for the Campaign for Liberty. They didn't pay me any money either. So this year I'm kind of on my own. CHAIRWOMAN HILLER: You have to register as a lobbyist in order to be able to present. Have you registered? MR. HENRY: I checked with the office, and the lady named Ann said to me, since I'm not being compensated, that I do not need to. I'll be glad to do so if that's what I need to do. CHAIRWOMAN HILLER: Well, if you're not being compensated, then that's true. MR. HENRY: I wanted to get that opinion before I came and spoke to you, because I did read your rules, which I was unaware of until I got here. CHAIRWOMAN HILLER: County Attorney? MR. KLATZKOW: If he's not compensated. CHAIRWOMAN HILLER: That's fine. Travel expenses are not considered compensation? COMMISSIONER HENNING: I make a motion this gentleman Page 128 February 12, 2013 doesn't have to register as a lobbyist. CHAIRWOMAN HILLER: Okay. Go ahead. MR. HENRY: All right. I'm going to talk to you briefly about Paul Henry, my background. In 1981 I was a deputy sheriff with Lee County, one county to the north. I had my law enforcement career there for a couple years, and joined the Highway Patrol in 1983. Got shipped to Dade County with half of my academy class. I want to preface my comments by saying that talking after lunch is something I learned in the Highway Patrol Academy is the worst time, so I'll try not to put you to sleep. I've got a monotone type of voice. I'm not Jack Lemmon. I've never played him on TV, but I'll try and keep you-all awake here, not to kill you with statistics. I worked for the highway patrol as a trooper, emergency traffic homicide -- COMMISSIONER FIALA: Excuse me just a minute. THE COURT REPORTER: Yes. Can you slow down? COMMISSIONER FIALA: You're talking too fast. It's hard for her. I've been watching her face, and it's hard for her to keep up with you. MR. HENRY: I'm sorry. I also worked in Miami, and that is the normal talking speed there. I figured since I was down this way, I wouldn't use my north Florida language. I worked in Miami. I worked in -- I came back home to Fort Myers. Worked at a trooper, promoted to traffic homicide investigator, got promoted to squad sergeant. I had oversight of the traffic homicide squad in Lee County. My last five years on the highway patrol, until I retired, where I was a bureau investigations lieutenant, about three of them were spent down here, 3205 Beck Boulevard in your county. During that time, I caught one of our most-wanted fugitives out in Washington State that had participated in the killing of one of our troopers. Those are my qualifications to speak to you. Page 129 February 12, 2013 I'm well versed in traffic enforcement, traffic crash investigation, traffic homicide investigation, something that I'll mention to you here in just a few minutes. A little bit of an overview here. I'm going to hit on just a few things. I'm not going to go into great detail here so as not to take up more of your valuable time. I want to look at traffic crash data. I want to look at the DHSMV annual report, which is something that's been widely promoted as being kind of gospel in this area. My goal, Commissioners, is to educate you on some issues you may not be aware of when it comes to these. Now, I am going to also use the term "automated for-profit enforcement." If you read the statutes, 316 double-aught 83, it does not have the word "camera" in it. It certainly does not have red light camera. They are traffic infraction detectors by statute. So I'd like to refer to them accurately as well. I'd like to refer to them as automated, which they are. There's no argument against that. And they are operated by for-profit companies, as Commissioner Nance rather well articulated earlier this morning. So the first crash data that I want to look at, or actually the first thing I want to look at is the purpose. Why do we have them? Safety. That is certainly the reason; Commissioner Fiala articulated that. But the sheriff has put this on their website about how many red light crashes there were in Collier County; about 132 in 2007. They're constructed, keep in mind, to enforce one law. Because you're going to see statistics, like in the Highway Safety Report, about where we're talking -- rear-end crashes, angle crashes, total crashes. These are not rear-end crash cameras. They are red light enforcement cameras. They're there to enforce one law, that of running red lights. I ask you to keep that in mind. These are your eleven intersections that I got off the website for the county as to where they're located. I did condense some of them Page 130 February 12, 2013 because some are eastbound/westbound, northbound/southbound, so I'm trying to keep this simple, the KISS principle. This is my first graph, which is very significant. It's hard for everybody to see, but the bottom line is, when I do analysis -- and I have analyses on several cities -- again, at my own expense and time, places like Tallahassee where I live, Hallandale Beach, Apopka, Gulf Breeze. I've analyzed crashes. What I did was, when I got started on this, I was reading in the newspaper all these stories about these devices, and I never saw how many crashes there were before they started using them and how many after they started using them, and that kind of struck me odd. So I would always email the reporters or ask the reporters, have you asked for this data, because I think it's pretty significant, and only two reporters ever responded to me, a gentleman up in Tallahassee and another, actually, at the capitol news bureau. So I pulled the numbers for Collier County. I went to the DOT and told them I'm doing a safety study. I would like to have your crash data. They gave me four gigabytes of data, all crashes in Florida from 2005 to 2011. This is the data that's reported by your sheriff, by your city police, by your state troopers. When they work crashes, they send them to the highway safety, they get coded, DOT records them. I am not looking at 300,000 crash reports, praise the lord. I'm looking at crash data, which is all just little numbers and codes, like when I used to fill out a crash report as a trooper. When you put a contributing cause down, 11 means disregarding traffic signal. So what I did was I narrowed these down for your crashes in Collier County, and I made even periods of time. Since my data went through 2011, I looked from April of 2009 through December of 2011, two years and nine months after they were in service, and I also looked from July of 2006 through March of 2009, so you have equal periods of time. Page 131 February 12, 2013 Your 11 intersections are broken down on this PowerPoint, and I'll be glad to email supporting data if you would like to have it. Bottom line is you had 17 before you started using the devices. You had 17 after you started using devices. So there was no change. At two of these intersections you never had a red light violation crash until after you started using automated for-profit enforcement. That's very significant. Looking at all the intersections within -- I did limit this to 50 feet from the intersection, because if you have a crash that's 1,000 feet from the intersection, it cannot be related to a device, a traffic signal. The trend there, when you look at the devices that were used, you do have a reduction. When you started using your devices for these red light violation crashes at all intersections in the county, you had a decrease of 30; however, when you look at all of your crashes in the county, you had a decrease of 26 percent. During that same time frame, crashes statewide declined in another percentage as well. Next I looked at the fatal crashes. I mean, this is something that should interest all of us. The highway patrol, we were very short-handed in Lee County when I was a sergeant there, and I got to the point of triaging crashes to where, if we did not have to confirm fatality, we wouldn't send somebody out. So those are the crashes you want to put a lot of great emphasis of concern on. So I looked for your fatal crashes here in Collier County during that same time frame, and I found for the first two years and nine months there were three red light violation fatalities; the second period there were two. So it was a -- depending on how you look at it. If you really want to look at some statistics, there was a 33 percent reduction. Well, no; there was actually one fewer crash. And that's the problem when you get into these statistics, when you hear these percentages. More on that in just a little bit with the DHSMV report. Catch this up to speed here. Page 132 February 12, 2013 Fatal crashes. The lady from NBC-2 was kind enough to give me the data that the sheriff gave her, Sheriff Rambosk, about how many crashes they'd had. 2006, 139. I'm not going to bore you with these details here on that. I analyzed those, and I looked for the net change year to year on these. You had a drop of six to 2006 to 2007. You had a drop of 30 from 2007 to 2008. So how many here think that's when we started using cameras in Collier County? Thirty -- you had 30 fewer wrecks. It's the biggest drop you've ever had. No hands. Good answer. You had a drop of 26 in -- from 2008 to 2009. Now, keep in mind, the first three months of 2009, no devices were in use. Then you had an increase from 2009 to 2010. With the devices in use, you had an increase of 24, and then you had a decline in 2011 of 11 crashes. So your biggest decline, 30, when you did not have any devices. These are numbers from the sheriff, by the way. These are not my DOT numbers. Your biggest increase was when you were using them. The next issue that I've seen in several cities is that these devices are not being placed where there are a lot of crashes. Here in Naples, when I pull the data, one intersection really jumped out at me. Not only did it have a fatality red light violation, but it had six red light violation crashes in one year. Shadowlawn and Davis at Highway 84. And then it had very few crashes. These things are cyclical, fluctuation. It used to be, when I was stationed in Lee County, if they gave us a wreck at 41 north of Crystal Drive, we knew what it was because, before DOT engineering closed the median there, you would have somebody trying to cut across three lanes of U.S. 41 getting nailed in the turn lane, failure to yield. You could pretty much predict those. These crashes you cannot predict. You cannot predict as a law enforcement officer who's going to run a red light when, where, why, or how. Although, I can tell you Page 133 February 12, 2013 some of the whys. The sheriff hit alone, inattentive drivers, yes, in my experience. Keep in mind, when I worked as a trooper -- and this will give away my age a little bit, nobody had all these nice littles gizmos on their belts with these screens on them. I think the brick phones were just coming into vogue back then; car phones once in a while. The drivers have always been distracted. Drivers have always been impaired, although, thank the Lord, in fewer numbers than what we used to have here. So that's what is causing these fatal and injury red light crashes two to five seconds into the light. The crash that took Mr. Wandall, the namesake of the Florida law, it wasn't one of these one-tenth of a second, split-second type of crashes. It was well into the cycle. I want to hit on a couple of relevant news stories here as well. Or actually, let me back up just a second for the Highway Safety Annual Report. That was put out here in January. I did download a copy of it, and I looked at it. I'm a former employee of Highway Safety. When I worked with highway patrol, they were a division of Highway Safety. So I know how they work. This report came out, and I noticed several things. No data collected showing the number of crashes. Percentage reductions. Here we go again. Remember, we had three one (sic) for one cycle, then you had two the next, 33 percent reduction; that's a true statement. Reduction of one; that's also a true statement. There's a nice little graphic that shows, kind of funny, it says, how to lie, how to lie with statistics, how to lie without the statistics. Anyhow, when you look at this, no crash data for these red light violations was captured, and these are, per se, red light cameras. Why is it that the state study doesn't have any red light violation crash data in it? They've captured angle data, rear-end data, and total crashes. Most telling to me, though, when I looked at this was -- and this was an anonymous survey they put out as an analysis. They call it an Page 134 February 12, 2013 analysis on the cover from Highway Safety -- between 20 and 30 percent of the reporting agencies furnished no crash data whatsoever. My question when I look at that is, what in the world are they trying to hide? Why not publish this data? These news stories, this whole thing that got me involved, if they had published it -- we had 50 wrecks one year, 40 the next year, 60 the next year, whatever, I probably would have shut up, but I never saw it. So I took it upon myself to become a quasi journalist, per se, and get this data myself and publish it on my website, retiredpublicsafety.com. I've got a red light camera reference page. That has links to all of my analysis reports. It has the data from these crashes from the DOT in spreadsheet format. So anybody can look at it. And I will say, I'm a human being. There's been no perfect person to walk on the face of this earth for over 2,000 years, right around 2,000 years. And I make mistakes. I made a mistake on one of my data capture time formats. Somebody pointed it out to me; I corrected it. If you find something that's wrong, let me know. I'll look at it. If I made a mistake -- COMMISSIONER HENNING: The statute number is wrong. MR. HENRY: 316-0083? COMMISSIONER HENNING: Yeah. I can't find it. MR. HENRY: It's the Mark Wandall Traffic Safety Act. It should be 316-0083. Maybe it's been repealed, and I can just be quiet and sit down. There is a bill to do so, basically, that's going to be -- I'm going to be speaking about that Thursday in Tallahassee. And the last thing on this Highway Safety Report, among many problems with it, only 56 percent of the agencies use crash data as the primary reason for device placement. Now, again, looking here in Naples, I have to ask, why wasn't Shadowlawn and Davis used? I've seen the same thing in several cities. The reason why, when I look at Page 135 February 12, 2013 these intersections is, they have a lot of red light violation crashes, but they don't have a lot of people of running red lights, which brings me to my next topic. When you privatize a necessary function of government, such as law enforcement, the public pays the price. Commissioner Coyle brought up about putting a deputy at every intersection. No, we're not going to do that. Of course we're not going to do that. We're not going to put one in every house even though, Commissioner Hiller, in 2010 there were about 191 people died as a result of domestic violence in Florida. Only 53 died as a result of red light running in Florida; that's about a 4-1 ratio. So how safe do we want to be? The government -- and this is coming from former Senator Steve Ovett (phonetic), former sheriff of Alachua County, said this at a hearing I attended: The government cannot protect us from every harmful thing that comes our way. And I like to add on there as a Paul Henry-ism, especially the ones that are self-inflicted. THE COURT REPORTER: Can you try to slow down a little, please? MR. HENRY: Sorry. THE COURT REPORTER: Thank you. COMMISSIONER FIALA: I keep watching you to see you trying to catch up. MR. HENRY: I don't feel like I'm talking any faster than anybody else, but I guess I get kind of involved in this, and I -- sorry, folks. At any rate, I want to just highlight on a few news stories with this in mind. What we have with this law now, the Mark Wandall Traffic Safety Act, several things have happened when it came about. When I was a trooper in Lee County and Dade County, the counties that I worked in, I wrote somebody a ticket; they had three options. Actually, this, again, is how old I am. When I first started out, you didn't have traffic school option. Now you do. You could go Page 136 February 12, 2013 to court, you could pay the fine, or you could go to traffic school. When somebody gets one of these tickets from an automated for-profit device, they cannot go to court. The only way that they have any due process, chance at that, is to fail to pay the ticket. What happens to them then? That $158, it's out the window. It's not 258, 264. I'll speak about that in just a minute as well in some of these news stories. So you're guilty until proven innocent by the law. It makes the vehicle owner liable for the violation, because the government cannot prove you broke the law. You have an inability to go to court on a notice of violation. And then when you are fortunate enough to be in a court of law involving one of these uniform traffic citations, now expensive tickets, nobody from the device company has to be there to authenticate the evidence. When I made a drug case on the highway patrol as a trooper, I had to have my chain of custody there to verify on such and such date we lawfully stopped such and such person, we lawfully searched, got content, got whatever, to find these -- this contraband. If it's tested, I have to have the person from the lab in there. And let's look at one other thing. I heard earlier about speeding, things like that. If I, as a trooper, work a radar case, my radar, every six months, under state statute, has to be sent out and calibrated, tested by a third party that has no interest in it. These devices, not so. The same people that sell them, the same people that install them, the same people that operate them, the same people that get that data before your police get it, before your sheriff gets it, are the ones -- the fox is guarding the henhouse. They're the ones that say, yes, it's working properly. But are they? Last March in Leon County, Tallahassee, where they have locations -- seven of these devices, there was a crash that was reported as Mr. Generoso (phonetic) ran the red the light. I actually did spend 16 bucks, and I bought the crash report -- it piqued my interest -- and I Page 137 February 12, 2013 looked it over. He didn't run the red light. He rear-ended a vehicle. He was impaired. He rear-ended a vehicle. He pushed it through the intersection. So I guess you could say, technically, they ran a red light, but they were stopped at the red light, so it wasn't a red light violation, but it was an impaired driver. That device had not been working for several days. And we relied upon the for-profit company to keep us safe, make sure that it was working. It wasn't. And that's something that comes up from time to time on this as well. Here in Collier County, April 6, 2010, an NBC-2 story, this -- I'm sorry. Let me back up. That was a yellow light time. I want to get to that next. You had a light that was flashing here. Any number of people got tickets after a deputy reviewed them, and they were legally in error, should never have been issued, because these are not flashing red light cameras. They are solid state. They can only enforce the one law. Again, they're not there for these other laws. So now you have all these people that are guilty until they're proven innocent, and they have to come in to clear their name from a ticket they should never have received. That was a signal malfunction. I want to talk next about yellow light timing. And I apologize. I'm talking and not keeping up with this screen here, for those that are watching it. April 6, 2010, an NBC-2 news story talking about the speed limit on Collier Boulevard, which is County State (sic) Road 951, where this person was cited, said that the guidelines should have been 4.5 seconds under state law. The guidelines, by the way, you'll see here in just a minute, were reduced by the state DOT, coincidentally, after devices were authorized, for some reason. This gentleman tested the light 15 times; got average of 3.8 seconds. Now, you're going to notice that when you start looking at the Page 138 February 12, 2013 data from these for-profit companies, you're going to see a tremendous amount of people running that light at one-tenth of a second, two-tenths of a second, three-tenths of a second. Again, these are not the people that are hurting and killing. You're going to have a situation where, physically, it is impossible to stop for that light because of any number of factors. I'm not as young as I used to be. I can't -- my reaction times are not as good as they used to be. I can't stop my vehicle in the same amount of distance that I did when I was 20 years old. You've got people who are older than me who have a slower reaction time. You've got people driving commercial motor vehicles, heavy trucks. I like to use the analogy when I used to work crashes in Lee County, the guy in the back would say, well, the guy in the front stopped short. And I explained to them, that's a physical impossibility. And I used the example of, if you've got a Corvette and dump truck and you're drag racing, who wins the drag race? Oh, that's easy, the Corvette does. I said. Okay. Now they're both going 55. They slam on the brakes. Who stops first? Light bulb goes off. Oh, well, the Corvette does. Vehicles decelerate just like they accelerate, at different rates. Next thing is May 11 of 2010, they're talking about the yellow light timing again. By the way, that is your solution to this problem, really, in a nutshell, the cheap -- by the way, I'll share with you-all -- hopefully nobody will be offended in this room -- FHP stands for, for your half price. That's something that I learned a few years into the job. The for-your-half-price way to take care of this problem is by your yellow lights timing in a nutshell. The timing was changed down by the DOT from 4.5 to 4.3. That took place here in Collier County. Now, on the other hand, at 35-mile-an-hour intersections, it was bumped up from 3.5 to 4 seconds. Now, here's a fun fact that I learned as a traffic homicide Page 139 February 12, 2013 investigator that the highway patrol taught me. It takes four times as long to stop when your speed is doubled. If you're going 50 miles an hour, it might take you 130 feet to stop. If you're going 100 miles an hour, it's going to be over 400 feet to stop. These are physics. Even -- you know, your race car and Corvettes and things like that, they might do a little better than that, but not too much. So there are some laws that we can't violate, and laws of physics is one of them. When you increase your timing three-tenths of a second to 4 to 4.3, that's a 7 percent increase; however, your speed limit's (sic) increased 28 percent. So this yellow light timing of 4.3 seconds is unrealistic. You're going to have people run that light. That's a given. That's going to happen. As you're all aware, December 12, 2012, the County Commission voted to terminate the ATS contract. And one of the things they looked at was to use proper yellow light timing. Commissioner Hiller asked that the county cancel the contract because there was no demonstrated evidence that these cameras reduce accidents. Hopefully I've educated you that -- 17 before, 17 after. The sheriffs study. Again, you look at their numbers. Largest reduction you had, you didn't have the first camera in use. The largest increase you had, you had cameras in use. So there's no correlation on these. And the yellow light timing, there are two places that I cited on my sheet here about yellow light timing. Fairfax County, Virginia, they added 1.5 seconds to the yellow light. Violations dropped 94 percent. Out in California, the other coast, lengthened the lights just by one second in November 2009. Their left-turn violations dropped 80 to 85 percent from about 240 to 25 or 30. Straight-through violations -- and those are the ones that are killing people, somebody runs a light two to five seconds into it, those were reduced 92 percent. Now, of course, the proponents for these Page 140 February 12, 2013 devices will say, oh, well, you know, you just give them an inch, they'll take a mile. Okay. Well, the study said there's never been any evidence presented that motorists adjust to longer yellows and continue to run lights in higher numbers. Fairfax went back 43 months almost four years later and said the reduction remained at 90 percent. Revising yellow light timing is cost effective to the taxpayer, it's proven to reduce violations in crashes, and it's going to render these devices nonprofitable. And there is no such thing, that I've seen in Florida, as an auto -- I stand corrected -- as an automated not-for-profit. Hallandale Beach in 2011 lost $27,000-plus in taxpayer money because they paid out more than they took in. If you ever think that these things really do work, all I would ask is that you go to YouTube, the front groups, as Commissioner Nance identified them. They have all sorts of videos up there. The camera companies do, too. You see two to five seconds in, horrendous crash. Somebody just drove right through a red light. Why is it we're still seeing those in 2012, 2013 if these things are working as well as they're supposed to? It seems like we shouldn't see very many of them. Some places have what's called a red light violation of the week. It's kind of like a little contest up in the Tampa area. So I just don't see the effectiveness. Operational issues. Data doesn't go to the police first. I've talked about that. It goes to the company first. The last five years that I worked for the highway patrol, aside from identity theft and -- I used to dig up a bunch of stolen dump trucks here in Collier County. I had a chat with your sheriff out in the hallway -- but I was on the commercial vehicle task force. It goes out to this company, and they've got a financial stake. When I do internal investigations, believe it or not, as human beings, once in a while we get corrupted by Page 141 February 12, 2013 money. So there are millions of dollars involved in this whole scheme here. So they've got an interest in it. They get the data first. Again, the fox is guarding the henhouse, because after they process it -- and they can screen out whatever they want. If you don't want your emergency vehicles cited, they'll say, okay, we'll give you everything else. And then it goes to the law enforcement. A lot of people, the public -- again, what the public knows -- a lot of people think, oh, well, the camera's connected right to the sheriff or the police department. It's not. They don't get first crack at it. They're not even required to be inspected by a third party on a regular basis, unlike police radar; I've hit on that. They have a history of faulty activations. The City of Tallahassee did a report, city auditor, which I think was really interesting, because he documented 80 percent of the time these things are flashing, and there's no violation. Not 90 percent of the time; it's legally insufficient to prosecute. And I liken that to when I was a supervisor, if I had a trooper that was making 9 out of 10 bad arrests, they would not be a trooper for too long. They'd get remedial training. And if they were still doing these problems, they would no longer be employed in law enforcement. It's negative retention at that point. So we've got devices that are inherently flawed. And I actually shot some video up in Tallahassee, where I live, of these things flashing with nobody moving, no violations. This guilty until proven innocent role, I'm going to give you as -- I'm going to play camera company here for just a minute. I'm going to give you some victims. A guy by the name of Chris Galates (phonetic) in Orlando. These are from the news media. He stopped for a red light. The car next to him didn't. Now, remember, this data goes to the camera company first. So what do they do? They cropped Page 142 February 12, 2013 him in with the magic of the computer. They cropped out the guy that ran the red light, so he gets the ticket. He calls the city, and they say tough. Go to court. He instead went to the media, and he got the ticket dismissed. Patty Fleming in Manatee County is -- I almost got accused of -- if they -- I think if they hadn't had video of this lady being interviewed, I think somebody probably would have thought that it was me they interviewed, because she said a lot of things that I would have said. This law makes me guilty until I'm innocent. Her moped was in her garage. A motorcycle supposedly ran a light in Tampa. Officer watching the video in Tampa, after it got sent to him, said, well, I'm not really sure if that's like a G or a 6 or whatever, so I think it's this, and mailed out the ticket to Mrs. Flemming in Manatee County. Again, her moped was in the garage at the time. Now, because of the way the law is, she's guilty until she's proven innocent. So she has to make a trip to Tampa, take off work, and go up and prove that she didn't break the law, even though the evidence is pretty clear, you know, it was a motorcycle, not a moped. Mr. Hunt in Jacksonville never has been to North Miami, according to the news media. And he owns a GMC pickup truck. Video showed a Mercedes running a red light in North Miami. One character of the tag was transposed. This was an ATS mistake, by the way. Now, he got a ticket and saw it was not his vehicle, so he wasn't too concerned about it because he knew that -- well, it wasn't me. You know, I'll call the city. They said tough. You want to do something, come to court and contest it, or else hire a lawyer. That's a 600-mile round trip from Jacksonville to North Miami. He had his license suspended because, unfortunately, he didn't follow up on it. He thought he was innocent and, you know, it wasn't any big deal. So, unfortunately, he did kind of let it go, and he got his Page 143 February 12, 2013 license suspended over the error that was done by the for-profit company. This one here was -- I just found out about this this week, something that I've observed from time to time. The reason why I was relatively good at catching criminals on the Florida Highway Patrol is I sometimes can think like them. And what criminals are going to learn to do -- they've done it in other states -- they'll go find out here in Florida, you can go online, get a vanity tag for $50, and you can clone somebody's license plate. If your license plate, Commissioner Hiller, happens to be ABC 123, an enterprising individual can go on there and get your license plate, they can drive through every red light camera in Collier County and get 500 tickets. And guess who's going to pay them? You are. Because right now there are only certain exemptions in the law that allow you to have a legal defense. Now, of course, you can always finger somebody else, soviet-style justice. There are ways to make you talk; there's 158 of them here in Florida. So we're going to get you to finger somebody else for -- if you don't know, you know, my tag was cloned, tough, there's no exemption. If your car's stolen, there's an exemption. If you're in a funeral procession, there's an exemption. If an officer directs you, there's an exemption. If you got a ticket from an officer for the same violation, same time, same place, there's an exemption. But because of the way the law is written, this has turned America upside down, Commissioners. We fought a revolution in 1776. One of the things that came out in our constitution -- and it does matter what the United States says, these United States of America, because we have a Fifth Amendment that said it is the obligation of the government, not the individual, the government, if we charge wrongdoing, to prove that this person broke the law. That's been turned on its head with this law. Page 144 February 12, 2013 The gentleman, by the way, there in Daytona Beach, he's 79 years old, and he got a ticket for something 22 miles away, and he was -- went to court. Even though the video showed it was not his vehicle, he was convicted. He was ordered to pay $264. That's what you get when you make law enforcement a for-profit activity. I support our deputy sheriffs. I support our state troopers, our city policemen. I was one for 25 years. I am all about constitutional legal law enforcement. I am not about turning it into a for-profit scheme. We have a law in Florida that it's illegal for police to issue tickets because of a quota. There's a reason for that. CHAIRWOMAN HILLER: Right. MR. HENRY: Again, the public perception. I can tell you many times I had somebody pulled over on the side of I-75 or elsewhere, and the allegation was, you're only writing this ticket because you've got a quota. We kind of had a little funny comeback; hopefully you can appreciate this. No, the sheriff, or the director of the highway patrol lets me write as many as I want to. We don't have a quota. So -- but you're getting into this, and there's all sorts of issues legally. I'm not going to get into these, because I've got a bill before the legislature. This doesn't really concern you so much other than there's a problem with them. But I'm just going to conclude that based on all of this evidence that I've provided to you which, unfortunately, Commissioners Coyle and Fiala, apparently, didn't think was important enough to listen to, proper yellow light timing is your solution. Your decision that you made in December was the correct decision to not do this contract. This company, by the way, has sued other people, other cities and counties. When it's been put up to a vote, roughly nine times out of 10, the citizens of this city or county have said, no, we don't want it. COMMISSIONER FIALA: I did hear every word, by the way. MR. HENRY: Okay. Thank you for listening. It just disturbs me when somebody walks out when talking and I don't know what the Page 145 February 12, 2013 circumstances are. COMMISSIONER HENNING: Commissioner? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: You're correct about the statute number. I did find it. MR. HENRY: Thank you. I've been proven to be almost right 98.7 percent of the time. COMMISSIONER HENNING: Well, you're right on that one. The question I had, you're aware of litigation that is now in the Supreme Court. What -- did you have any involvement -- MR. HENRY: No, sir. That litigation is about the pre-July 2010 use of these automated devices before the state statute specifically authorized them. So what was happening was the state has reserved -- kind of like with firearms under Chapter 790, that they have reserved all regulation to the state. Chapter 316 is the same way. The state has reserved all traffic control, and there's a reason for that. You don't want somebody in Naples to have one set of traffic laws and somebody in Ft. Myers to have another one, so you have somebody from Naples visits a cousin up in Fort Myers, and they do something that's legal in Naples, that all of a sudden it's illegal in Fort Myers. So it's called state uniform traffic control for a reason. And the cities and counties that were doing this were doing so in conflict with the state uniform traffic control, and that's what the lawsuit was about. COMMISSIONER HENNING: Okay. Thank you. CHAIRWOMAN HILLER: County Manager, I was wondering, would you permit this gentleman to visit the -- our traffic signal center and see what we're doing? Because what we're doing is just so well done, and I think it would probably be informational and to his benefit to share with the rest of the state. I know other -- some other counties are doing what we're doing, but we're very cutting edge. MR. HENRY: Is the gentleman still here -- Page 146 February 12, 2013 MR. OCHS: It would be my pleasure, ma'am. CHAIRWOMAN HILLER: Yeah, Nick Casalanguida and his traffic engineering team. MR. HENRY: I'm not going to try and pronounce his name. But if I call -- can I call you Nick? MR. CASALANGUIDA: Sure. MR. HENRY: Thank you. Yeah, I'll be glad to get with them. CHAIRWOMAN HILLER: And I would really encourage all the commissioners to visit our traffic signal center, not for a cursory visit to just see how pretty it is, but to get the presentation that staff has prepared to educate the commissioners on what we're doing to protect and save lives. If you don't go there to see it from that perspective, you're going to walk away with no information at all. If you go in there and you see what they're doing, you're going to walk away and you're going to feel really good about, you know, how we're protecting the citizens. COMMISSIONER HENNING: I went there once two or three years ago, and one of the guys told me, I've got your number. So I feel really safe. CHAIRWOMAN HILLER: Seriously, I don't know, Commissioner Fiala, if you've actually toured the center. COMMISSIONER FIALA: Yes, I have, actually. I found it fascinating to watch. You could even see the cars driving up to the lines, it's amazing, and how they can switch things. It's amazing what they can do. CHAIRWOMAN HILLER: Did they give you the detailed tour on the timing, I mean, the detailed explanations and how they calculated the timing? COMMISSIONER FIALA: I've received that. Thank you. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: But I wanted to -- do we have any other speakers, Troy? Page 147 February 12, 2013 MR. MILLER: No, we do not. COMMISSIONER FIALA: Yes. I wanted to comment -- thank you, sir. I don't mean to have you continue to stand there. I'm not asking you a question. MR. HENRY: Thank you. COMMISSIONER FIALA: I do understand how well our traffic ops have worked, and they've worked on many ways to deal with the problem, and there were some things that they put into effect a couple years ago which immediately seemed to walk hand in hand with the cameras, and our rate of red light runners dropped, which is great. That's great. And I agree with the sheriff this morning. You know, we're doing a lot, everything we can, to reduce this. I just felt that there -- being that -- like Commissioner Nance said, if it does no harm, why would you take them out? As long as we've got this in place -- anything we can to save our people's lives to protect somebody else, I see no problem with. If you-all want to remove them, you know, that's up to you, of course. You have the deciding votes down there. But I just felt that a triple effort between law enforcement and between our traffic transportation people and cameras ensure us even a more safer roadway, but that's up to you. That was my feeling. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Commissioner Fiala, I want you to genuinely understand my concern. I agree with you on that, and that my objection to them is that I genuinely feel like if you go out to objective third parties, you're going to find out that they actually do harm, that the information is out there. If you go to information other than that from the agencies that profit, you're going to find the statistics are drastically different. And like I say, some of the articles that I sent and I have presented to the press and others are not intended to be statistics to be analyzed and to Page 148 February 12, 2013 be compared, but they show the issue, and that is that we have to make public health and safety decisions based on real science and not because it seems intuitively like a good idea. Because the red light cameras do intuitively seem like a good idea. That's why so many people ask the question about them. And in my view, I really think it's the wrong thing wrapped up in all the right reasons. COMMISSIONER FIALA: Well, I do believe that anybody can provide information to verify anything they believe in. Let's face it, you declare a statement about -- it doesn't make any difference what. You can always find information statistically to support your efforts, and vice versa. I just felt no reason -- there was no harm done, and if we keep our community a safer place, fine. I never met a person from the ATS or even anybody that works for them nor anybody that supplied me any information. I just plain 'ole wanted to keep them safe. If you don't agree with that, you can vote against me and, certainly, I feel the sheriff has done an excellent job, and so has our transportation department, and we can just leave it at that. CHAIRWOMAN HILLER: I believe we had a motion on the table. Commissioner Henning, I believe you had made a motion to deny Commissioner Fiala's recommendation to bring back the contract? COMMISSIONER HENNING: Yeah. And here's my main reason -- and I agree with the gentleman, the expert who spoke. There's no substantial evidence that it reduces crashes. Furthermore, my main reason is, we are waiving -- I'll read it -- that the board waives any requirements for a formal competition for this work. Okay. So, you know, we know that this contract is worth millions of millions of dollars without any formal competition, without any bidding process. So I just wanted to explain my motion. Page 149 February 12, 2013 COMMISSIONER FIALA: Commissioner Henning, I would never want to keep out any formal competition. COMMISSIONER HENNING: It's right here. CHAIRWOMAN HILLER: I know. It wasn't Commissioner Fiala. COMMISSIONER FIALA: I know that, but I didn't put that in. In fact, nobody even asked me if I wanted to put that in there. That was not inserted by me. Did you ask me? COMMISSIONER HENNING: But they put your name in there. COMMISSIONER FIALA: Well, I don't care. I'm telling you I did not do that, nor was I consulted about that. So I'm just stating that for the record. And you can ask -- you can ask Jeff Klatzkow. He'll tell you. That's the way it is. So I believe in fair competition. COMMISSIONER NANCE: Madam Chair, do you have a second? CHAIRWOMAN HILLER: I believe you seconded it. COMMISSIONER NANCE: I believe I did. CHAIRWOMAN HILLER: Is that correct? COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: So there being no further discussion -- and, again, repeating the motion. The motion is to deny Commissioner Fiala's recommendation to direct staff to negotiate and bring the red light camera agreement back to the county, meaning that the decision made by the Board of County Commissioners to terminate the red light camera agreement stands. All in favor? COMMISSIONER COYLE: (Absent.) CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: And opposed, aye. CHAIRWOMAN HILLER: Motion carries 3-1 with Page 150 February 12, 2013 Commissioner Fiala dissenting and Commissioner Coyle absent. (Applause.) MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Let the record reflect that there was applause from the audience. MR. OCHS: Madam Chair, the court reporter could use a 10-minute break. CHAIRWOMAN HILLER: Yes. We will reconvene at 3 o'clock. COMMISSIONER FIALA: After that workout, you sure do. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. Item #10K RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT THE COUNTY ATTORNEY TO COORDINATE WITH THE COUNTY'S NEWLY HIRED ECONOMIC DEVELOPMENT ADMINISTRATOR TO DRAFT AMENDMENTS TO AND EXTENSIONS FOR THE COUNTY'S ECONOMIC DEVELOPMENT ORDINANCES WHICH ARE SET TO EXPIRE IN 2013 AND FURTHER, TO INCLUDE PROVISIONS WITH RESPECT TO REQUIREMENTS OF F.S. CHP. 119 (PUBLIC RECORDS) RELATING TO ECONOMIC DEVELOPMENT FINANCIAL RECORDS DISCLOSURE EXEMPTIONS. SPECIFICALLY, AND FOR EXAMPLE, THE ORDINANCE PROVIDING FOR A PROPERTY TAX EXEMPTION INCENTIVES WAS NEVER APPROVED BY GENERAL REFERENDUM AS REQUIRED BY FLORIDA'S CONSTITUTION/STATUTE AND AS SUCH IS INVALID - THE CURE IS SUSPENSION OF THE ORDINANCE PENDING THE Page 151 February 12, 2013 PUBLIC'S VOTE OF APPROVAL; THE IMPACT FEE WAIVER INCENTIVE PROGRAM IGNORES THAT THE IMPACT FEE FUND THAT WOULD OTHERWISE SEE A CONTRIBUTION OF IMPACT FEES, HAS TO BE MADE WHOLE BY SOME ALTERNATIVE SOURCE OF FUNDING (OTHERWISE THE IMPACT FEE CHARGED BECOMES AN ILLEGAL TAX) - THE CURE IS TO REQUIRE, AS PART OF THE ORDINANCE, THAT THE COUNTY IMMEDIATELY MAKE A FUND TRANSFER TO THE AFFECTED IMPACT FEE FUND EQUAL IN AMOUNT TO THE AWARDED WAIVER; AS AN ALTERNATIVE TO AN IMPACT FEE WAIVER PROGRAM, AN ADDITIONAL PROVISION SHOULD BE ADDED FOR AN IMPACT FEE EXEMPTION PROGRAM WHICH COULD INCLUDE AN IMPACT FEE MORATORIUM FOR SELECT IMPACT FEES (PUBLIC SAFETY RELATED IMPACT FEES SHOULD NOT BE SUSPENDED GIVEN THE PARAMOUNT IMPORTANCE OF THOSE SERVICES); CONSIDERATION SHOULD BE GIVEN TO HAVE THE LOCAL AND STATE JOB CREATION INCENTIVE PROVISIONS MIRROR EACH OTHER INCLUDING ALL PROVISIONS RELATING TO STATE REQUIRED UNDERWRITING PROVISIONS; SUCH UNDERWRITING PROVISIONS WHICH INCLUDE THE PRODUCTION OF FINANCIAL STATEMENTS AND/OR TAX RETURNS SHOULD ALSO BE INCLUDED AS A REQUIREMENT UNDER ALL INCENTIVE PROGRAMS; AND LASTLY, THE APPLICABILITY OF THE PUBLIC RECORDS EXEMPTION RELATING TO ANY APPLICANT'S FINANCIAL INFORMATION SHALL APPLY TO ALL MEMBERS OF COUNTY STAFF AND THE PUBLIC EXCEPT FOR INDIVIDUAL COUNTY COMMISSIONERS, THE COUNTY ATTORNEY, THE COUNTY MANAGER, THE ECONOMIC DEVELOPMENT ADMINISTRATOR AND CLERK OF COURTS AND DESIGNATED EMPLOYEES OF SUCH Page 152 February 12, 2013 ELECTED OFFICIALS AND COUNTY STAFF. FURTHER THAT THE ECONOMIC DEVELOPMENT ADMINISTRATOR BRING DRAFT AMENDED ORDINANCES TO THE BOARD OF COUNTY COMMISSIONERS IN APRIL, 2013 FOR REVIEW AND DISCUSSION ALONG WITH ANY OTHER PROPOSALS THE ADMINISTRATOR MAY HAVE IN THE WAY OF PROGRAMS FOR BOARD CONSIDERATION. AT SUCH TIME THE BOARD CAN DIRECT LEGALLY CONFORMING OPTIONS BE PRESENTED TO THE COMMUNITY FOR INPUT AND ADDITIONAL RECOMMENDATIONS, ALL WITH THE INTENT OF DEVELOPING A LEGALLY SOUND AND FINANCIALLY FEASIBLE ECONOMIC DEVELOPMENT PROGRAM THAT REFLECTS THE WILL OF THE TAX- PAYING PUBLIC - MR. REGISTER, COUNTY MANAGER AND COUNTY ATTORNEY TO WORK TOGETHER TO REVIEW AND DEVELOP AN ACTION PLAN FOR THE BCC TO DISCUSS AT A WORKSHOP ON ECONOMIC DEVELOPMENT — APPROVED CHAIRWOMAN HILLER: We will now hear Item 10K, which was our 1:30 time-certain, which will be followed by Item 10H, which is our 3 o'clock time-certain. MR. OCHS: Yes, ma'am. 10K -- I'm not going to read the whole title because it'll take me a half hour, but it's essentially a series of recommendations having to do with the economic development program in the county, and I'll just turn it to the chair at this point. CHAIRWOMAN HILLER: Thank you. The intent is not to discuss any of the details of the economic development program as it exists or what is proposed, but merely to give a general outline to our new economic development director and the county manager to go back and work on these issues which are issues that have come up over the course of the past few years that we have identified as Page 153 February 12, 2013 needing some cleaning up. And the county attorney is in agreement. So the goal is to basically just take these bullet points, turn it back to staff, to the county manager, to the county attorney, and to the economic development director to clean everything up, bring back the cleaned-up version for us so we know where we stand and what we can and can't do with any additional recommendations, and then once we have that cleaned-up template, to allow the economic development director to go to the community and present what we've got in order to get community input, and then at a later point in time, once that has been done, to have a workshop between the Board of County Commissioners, the economic development director, and the community to address the direction we want to go in. The problem we have right now is we are not working from a clean plate, be it legal, be it -- in other words, in terms of ordinances that are not necessarily legally valid or whether it's something that we haven't considered, like the impact of public records laws or, for example, funding sources, you know, whether something should come as a reimbursement from the General Fund or some alternative funding. So that's the direction. The intent is not to have a major discussion on this, but basically to give direction to start the process. MR. MILLER: Madam Chair, you do have three registered public speakers. CHAIRWOMAN HILLER: Commissioner Fiala, would you like to hear the public speakers first? COMMISSIONER FIALA: No. I wanted to just say that there's a lot here -- CHAIRWOMAN HILLER: Yep. COMMISSIONER FIALA: -- and I haven't had any input, and I don't think any of us really have. Not that there aren't really good ideas, because there are some great ideas, but I think it would be smart -- I heard the lineup of what you wanted to do. Shouldn't we first have Page 154 February 12, 2013 a workshop and then give it to them so that we can all have input on this? CHAIRWOMAN HILLER: Well, here's the problem we have. What we're dealing with is -- to have a workshop on what we know is incorrect is not a useful -- COMMISSIONER FIALA: How do we know it is incorrect? CHAIRWOMAN HILLER: I spoke to the county attorney, and he basically reviewed it with me. And it has been on their agenda to go back and clean it all up. And, separately, I spoke to the county manager, who consulted with the economic development director, who felt that it needed to be cleaned up as well. So I completely agree with you that we definitely want to workshop this and, in fact, the county manager recommended it, and I wholeheartedly agree. What we don't want to do is waste time reviewing stuff that isn't necessarily correct in the first place. So all I want to do is basically clean the slate for us, make sure, you know, that we start with good, solid material that conforms with the law and considers what we have to consider, and then we'll come back and start deciding, do we want this, don't we want this. COMMISSIONER FIALA: I don't even know if this is -- CHAIRWOMAN HILLER: Yeah. COMMISSIONER FIALA: But being that I haven't had input and I -- how do you know? If you clean this up, maybe you're going to clean something out of there that I like or another commissioner -- CHAIRWOMAN HILLER: No, we're not eliminating anything. This is strictly to bring what exists into legal compliance. We don't want -- everything that exists is going to remain. It's just going to be cleaned up to make -- to be sure that, as it's presented to us for our review -- COMMISSIONER FIALA: At the workshop? CHAIRWOMAN HILLER: -- at the workshop that it's legally conforming. Because, for example -- let me give you an example. Page 155 February 12, 2013 We have an ordinance on the books right now that provides that, as an economic incentive, you can get a property tax exemption, that we could award that. But, in fact, what the county did wasn't correct, because both the Constitution and Florida Statute provide that if you have that as an ordinance that you do allow for property tax exemptions as an economic incentive to businesses, that that has to be approved by referendum by the voters of Collier County. We never did that. Now, I've looked at other counties to see, you know, when they considered that kind of economic incentive in their toolbox, whether they had referendums, and absolutely they did. So that's an example. So the intent is not to remove anything that we've got, but just so that when it's presented to you that it's cleaned up and so you know, okay, if you want to do this, this is what we have to do, or this is how we have to amend it. So you're just working from a clean slate, because there are a lot of issues with our economic development package as we have it that needs housekeeping. COMMISSIONER FIALA: Okay. And you talk about referendum, but in here, in what you've -- under considerations -- by the way, you used some really harsh words -- it says something about incentives and they have to go to referendums. Does that mean each time there is an incentive -- CHAIRWOMAN HILLER: No, no, no. No, no, no, no. It means that with respect to, for example -- and I was just citing examples. Like the property tax exemption -- COMMISSIONER FIALA: Right. CHAIRWOMAN HILLER: -- incentive. For us to be -- COMMISSIONER FIALA: Well, we already voted on that, and we approved it. CHAIRWOMAN HILLER: Right, but that's not legally right. What has to happen is, it goes to -- Page 156 February 12, 2013 COMMISSIONER FIALA: Is that true, Jeff? CHAIRWOMAN HILLER: The program has to go to the public, the public approves it, and then, thereafter -- it doesn't have to go to referendum every single time. When we award the incentive, it's by majority vote of the board when we award it to a particular company, but the actual program itself has to go -- has to be approved by referendum. COMMISSIONER FIALA: Jeff? MR. KLATZKOW: If you're going to set up a program that would bring new businesses in and exempt it from property taxes, yes, that has to be a -- or go to referendum. I don't know that ours is structured that way. Okay. CHAIRWOMAN HILLER: And I -- MR. KLATZKOW: I don't know. But I've spoken with your new economic development manager and, you know, we both believe these things were passed a number of years ago, different time, different economic climate. He brings a wealth of experience with him. Some of the stuff he's seeing he likes, some of the stuff he's doesn't particularly like, my understanding is, and we'd like to bring you back some -- he would like to bring you back, along with working with Leo, some recommendations on how to improve this process for your review, and that would probably be when you might want to set up a workshop so you would have a list of recommended changes that we have to the ordinance, specifically. CHAIRWOMAN HILLER: Right. And that way we're getting real good input from our team of professionals, from staff, from the county attorney, from our economic development expert so that we can, when we get into that workshop, start working from a clean slate, and considering all the different things we need to consider, be it, you know, the existing ordinances, public records implications, funding considerations, and so forth. Page 157 February 12, 2013 So that's really the intent, just to give direction to staff. And I tried to list out all those things for them to consider, and I left it open-ended, that if there's anything additional that they would like to add beyond, you know, what I have noted over time as things that I think we really need to consider, that they have the opportunity to do so. You know, I want them to have as much latitude as possible but, you know, let's get the ball rolling. Yes, sir? MR. OCHS: Commissioner, we're happy to do that. That's my first comment. And, in fact, staff had begun to look at our program anyhow since -- and I think the board all knows this -- your current set of economic development programs by ordinance sunsets in October of this year. CHAIRWOMAN HILLER: Absolutely. MR. OCHS: That effort had begun prior to Mr. Register's arrival. It's going to proceed in earnest from here on out, and we appreciate some additional areas to look at. We think we've got some good opportunities there. I am a little reluctant to go too far unless I get some specific direction from a majority of the board on this -- on this potential impact fee moratorium issue. That is more of a policy issue, in my view, at this point. CHAIRWOMAN HILLER: Right. Well -- MR. OCHS: So I'd appreciate some elaboration on what the expectation is on that component of this proposal. COMMISSIONER NANCE: I'd like to comment. CHAIRWOMAN HILLER: Go ahead. I think -- Commissioner Coyle was next but, Commissioner Coyle, would you allow Commissioner Nance to comment, because he wants to address that question specifically, or would you rather go right now? COMMISSIONER COYLE: No, I don't have to go first. Page 158 February 12, 2013 CHAIRWOMAN HILLER: Oh. Then Commissioner Nance. COMMISSIONER NANCE: I just wanted to make a comment. I thank the chair for bringing this forward. I think there's a whole punch list of ideas on here. I think some of them are cleanup items, but if you get down into some of them, for example, it says, as an alternative to an impact fee waiver, an additional provision should be added for an impact fee exemption program. I think that's more of a topic for a workshop than something somebody should try to engineer at this point. CHAIRWOMAN HILLER: And we're not engineering it, at least -- COMMISSIONER NANCE: I understand that. So what I'm saying is I'm hoping that staff and the county attorney and Mr. Register and everybody's going to come back to us, maybe as an interim, and say, these are the things we want to adapt and these are the things we've accumulated that we think we want to talk about in a workshop, and maybe that will put this in some -- you know, put this in some sort of a structure, because you've got -- I've just made notes in the margin. I think you've got eight or 10 different ideas in here that are all worthy ideas, but I'm not sure that all of them are, as the chair described, as cleanup items. Some of them certainly are, but others are major concepts that I know are going to elicit all sorts of conversation. MR. OCHS: Well, I appreciate that, sir, and I did speak with the chairwoman yesterday about that. And I just want to have some expectations understood on the part of the board that those that we can provide some specific recommendations coming back, we'd like to do that. Those other areas that are more policy, perhaps we'll just bring some research and some options -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- and then the board can direct -- Page 159 February 12, 2013 COMMISSIONER NANCE: That's what I'm suggesting that somehow we separate that. CHAIRWOMAN HILLER: Exactly. MR. OCHS: Does that -- will that work for the majority of the board? CHAIRWOMAN HILLER: And I think you're absolutely right, Leo, and I think you separate this laundry list and do exactly what you describe. Where you see it's policy, give the backup, we'll make the choice. Where you see it's legal cleanup, work with Jeff, give the proposal of how we correct, you know, given that we have to, you know, update and renew as it is. MR. OCHS: And then other program or procedural matters -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- we could make some more specific recommendations -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- either based on our research or what's going on at the state level, because there's a lot of -- as you know, there's a lot of activity coming during this upcoming legislative session to look at the state's economic incentive program, and we do want to be in alignment where we can leverage their programs, but -- CHAIRWOMAN HILLER: Absolutely. MR. OCHS: If they're making major changes in March and April of this year, I think we would like the time to understand those before we'd have to come back. And I know you had a date in here, Commissioner, of April. CHAIRWOMAN HILLER: Yep. MR. OCHS: The session's over, you know, the first week in May. If we could have a little latitude with that timewise. CHAIRWOMAN HILLER: Let's change it. I think you're absolutely right. Let's change the bring-back date to May to coincide with the end of the session, so -- I think that's a really great Page 160 February 12, 2013 recommendation. Commissioner Coyle? COMMISSIONER COYLE: Okay. And this is exactly the point I made at the beginning of our meeting today about this -- these executive summaries. I still think we're talking off of two sheets of music here, and I don't think there's general understanding. So to simplify it, if we could say that we're going to discard Commissioner Hiller's manifesto of general condemnation and instead focus on ways to improve our economic incentive program, I'm all for that. I think it's a wonderful thing to do. But saying that many provisions are invalid or illegal and that we have to have an impact fee exemption program, which would include an impact fee moratorium, these are the bullet points that Commissioner Hiller is talking about for you to separate out and go through, and that's not what I hear the other members of the board saying. That what we have to do is look at our economic development program and improve it, make it better, bring it back to the board for approval, and that I will wholeheartedly support. CHAIRWOMAN HILLER: Well, thank you for your comments. And let me just help by saying that if you would read it carefully, what you're suggesting is not what's drafted. For example, when I talk about the impact fees waiver intentive program, I say that in the process that staff may consider an impact fee moratorium for select impact fees, and that could be looked at and could be a provision that's considered; not by any means that it's a direction that we should take but rather that, you know, the blanket of options should be considered. Where we might have problems with some of the programs we have just because they need tweaking and updating or correcting, as the case may be, we can use those analyses as a springboard for additional programs that we may want to consider. Page 161 February 12, 2013 And, again, we're not committing to anything here. We're just -- I just basically presented a number of areas that could be focused on, leaving it open for staff to supplement as they see fit, and bring it back. I mean, we absolutely have to bring it back. And most importantly we have to take it to the community, because the community input is what is key to a successful future for this program. So thank you for your support, Commissioner Coyle. I appreciate you coming around and standing behind the general direction given. And I would like to ask if someone would make a motion to approve directing this to staff to develop and then allow for the public speakers. COMMISSIONER HENNING: So moved. COMMISSIONER FIALA: I would like to also include Mr. Register in this -- CHAIRWOMAN HILLER: Yes. COMMISSIONER FIALA: -- because it's his job now. MR. OCHS: Sure. He'll -- CHAIRWOMAN HILLER: And he is included. And County Manager Ochs spoke to Mr. Register about all of this, and Mr. Register is eager to jump in and make all this happen, and I believe the county attorney, the county manager and Mr. Register will be working together to provide us that clean and improved slate of items to consider. COMMISSIONER FIALA: To bring to a workshop. CHAIRWOMAN HILLER: Yes, to bring to a workshop. And now that we know how to have a workshop, since we had a workshop on a workshop. May I have a second? COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Thank you. Can we hear the public speakers? MR. MITCHELL: Your first public speaker is Peter Gaddy. Page 162 February 12, 2013 He'll be followed by Bob Naegele. MR. GADDY: Good afternoon, Commissioners. For the record, my name is Peter Gaddy. I'm chairman of the Economic Development Committee of the Collier Community Alliance. Collier Community Alliance is a not-for-profit organization made up of citizens from throughout Collier County, and we are set up to oppose and support issues that affect Collier residents. As chair of the Economic Development Committee, I want to thank your county manager, Mr. Ochs, for facilitating a meeting that we have set with Mr. Register. I think it's next week. Leo? MR. OCHS: Yes, sir. MR. GADDY: And all of our committee members are looking forward to that. I'm here to -- here to offer support for Commissioner Hiller's executive summary. On February 7th, the full membership of Collier Community Alliance voted unanimously to support the executive summary -- CHAIRWOMAN HILLER: Thank you -- MR. GADDY: -- without exception. CHAIRWOMAN HILLER: Thank you. I'm very grateful. MR. GADDY: And we look forward to seeing this process develop. From your discussion today, it's obvious that it's going to take some time. I do have one suggestion, that's -- when you get to the repayment of impact fee funds, which eventually you're going to have to do to keep the books in balance and make the impact fee funds whole, I suggest that you consider doing so retroactively as well as prospectively. Thank you. MR. MILLER: Your next public speaker is Bob Naegele. He'll be followed by your final speaker on this item, Kathy Curatolo. Page 163 February 12, 2013 MR. NAEGELE: Thanks. Good afternoon, Commissioners. I want to thank you for taking on this economic development. I, too, am a member of the CCA, the Collier Community Alliance, and on Economic Development Committee, and I believe this is a step in the right -- in the right direction. And we had already -- at previous -- some of our committee meetings have been beginning to study -- take a look at all county revenue streams, and we just want to be an assist to the county on these things. This is a rather -- the origination of this was at -- Murray Hendel called us together, a group, our geographical group, in early 2012, I think it was January, and he suggested that we do this. And the suggestion had come from Commissioner Coyle, as a matter of fact, because of the success of the Presidents Council, which Murray had put together. So we are -- and we'll be talking more about that when we talk about the tourist development tax situation. But, anyway, I think I really appreciate what you're doing for the economic development subject. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your final public speaker is Kathy Curatolo. MS. CURATOLO: Good afternoon, Chair Hiller, Commissioners, staff and the general public. I am here representing the Collier Building Industry Association. Obviously, we are very much interested in the process and the plan for economic development. Most importantly, we're interested in the discussion concerning an impact fee exemption program and stand willing to work with community partners in the county to explore, to analyze, and to research this issue in parallel to your work, County Commissioners, and your workshop, to come back with some recommendations if you so desire. Page 164 February 12, 2013 Thank you. CHAIRWOMAN HILLER: Thank you very much. MR. MITCHELL: That was your last speaker. CHAIRWOMAN HILLER: If there's no further discussion -- COMMISSIONER COYLE: I'd just like to ask a question. There continues to be some confusion as to what it is we are directing staff to take a look at. I don't recall anybody saying that there had to be a reimbursement program for the impact fee waiver program, as an example. Our county attorney has ruled in the past, as has our outside attorney, that this is a completely false premise. So it certainly was not -- is not my intent to direct the staff to do something that they have already determined is completely legal. Is that a correct statement, Mr. Klatzkow, or have you changed your mind now? MR. KLATZKOW: When you say have I changed my mind, which program are you getting at, the charitable one or -- which particular program are you getting at? The deferral? COMMISSIONER COYLE: The deferral, yes. MR. KLATZKOW: Okay. The deferral program you do not have to reimburse. COMMISSIONER COYLE: That's right. CHAIRWOMAN HILLER: That's correct. MR. KLATZKOW: Okay. But any program which you waive impact fees you need to reimburse. COMMISSIONER COYLE: Yes. MR. KLATZKOW: We're on the same page. COMMISSIONER COYLE: But the deferral program does not? MR. KLATZKOW: That's right, because you're ultimately paying it. COMMISSIONER COYLE: Okay. Page 165 February 12, 2013 CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. When you say -- I'm sorry. When you say waive impact fees, does that mean the program we have in place where we have buildings that are older than two years and -- so people are taking those things out of the inventory and actually upgrading them and improving them, but they don't have to pay an impact fee because of that; is that what you're talking about? MR. KLATZKOW: No, that's another program. That particular program, I'll call an optional program -- COMMISSIONER FIALA: Yes. MR. KLATZKOW: -- some local governments utilize it and some local governments don't utilize it. So that one's at your discretion. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: Thank you. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, Commissioners. Item #10J RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS DIRECTS THE COUNTY ATTORNEY TO DRAFT A RESOLUTION STATING IT IS NOT THE BOARD'S CURRENT INTENT TO RAISE THE TOURIST DEVELOPMENT TAX; TO BE PRESENTED FOR BOARD APPROVAL AT THE FEBRUARY 26, 2013 PUBLIC MEETING. RAISING TAXES ON Page 166 February 12, 2013 THE TOURISM INDUSTRY DURING THIS TIME OF FINANCIAL HARDSHIP GOES AGAINST THE COUNTY'S DESIRE TO PROMOTE AND ENCOURAGE ECONOMIC DEVELOPMENT. FOR THIS REASON, IT IS IMPERATIVE THE BOARD OF COUNTY COMMISSIONERS FORMALLY DECLARE ITS INTENT TO NOT RAISE TAXES AT THIS TIME — APPROVED MR. OCHS: Your next item was your 3 p.m. time-certain. It's item 10J, and that is a recommendation that the board direct the county attorney to draft the resolution stating that it's not the board's current intent to raise the tourist development tax to be presented for board approval at the February 26, 2013, public meeting. And Commissioner Hiller brought this item forward. COMMISSIONER HENNING: Move to approve. CHAIRWOMAN HILLER: We have a motion -- COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: -- and a second on the table. Are there any public speakers? MR. MILLER: Yes, ma'am. I'm sorry, yes, ma'am. You have six public speakers on this item. CHAIRWOMAN HILLER: Commissioner Henning, would you like to speak before the public speakers? COMMISSIONER HENNING: I just want to tell you why I was so quick to make a motion. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Tourist Development Council, at the direction of the Board of Commissioners, is bringing back a policy about how we allocate existing funds. And I think it will demonstrate over and over, if we apply more tourist development -- or more monies to advertising, you're going to have more monies for beach renourishment, you're going to have more monies for museums, Page 167 February 12, 2013 and you're going to have more monies for beach parks. CHAIRWOMAN HILLER: Thank you. May we have our first public speaker? MR. MILLER: Your first public speaker is Jim Smith. He'll be followed by Darren Robertshaw. MR. J. SMITH: When I first came to Naples back in the '80s, I started going to meetings of condo associations. And when it got to be the '90s, sometimes these folks along the beach were a little bit concerned about the beach, and they were told by the representatives, don't worry. We're going to tax the tourists. And we've managed to tax the tourists for something that we all benefit from all year long. I would like you to -- I think that needs to be reconsidered in some manner. But today I'm particularly concerned with asking you to vote for the resolution to reject an increase in the tourist tax. And I must question the arguments of those who have already spoke in favor of it at city -- at this council's -- City Council of Naples meeting earlier in the month. The way I understand the process is that the folks who are in favor of this, is that they had a three-stage process. They started with the Naples City Council, they went to another group, and then they were going to come here today showing the solidarity of all -- of these various community groups. Well, the first thing I'd like to do is to question the Naples vote, is that it was a 3-4 decision; however, one of the members voting for had a conflict of interest. Another voted for after stating that he had no confidence in the moral fiber of this commission. And so I think that, you know -- another interpretation of that vote was 3-2 opposed to increasing the tourist tax. At that same meeting the executive director, Jack Wert, said that the tourist dollars -- excuse me -- that the tourist tax dollars have a 40-to-1 return on investment. Now, I've been in business for a long Page 168 February 12, 2013 time, and very few people -- very few people have ever come to me and said that, you know, you're going to get a 25 -- 25-to-1 return on your investment, let alone 40-to-1, or I would have signed up immediately, of course. Now, that would mean that if I were in business here in Naples, I would certainly -- you know, I'd certainly be willing to invest in Dr. -- in Mr. Jack Wert's tourist program. I am not in that kind of a business. I help people stop smoking. But that -- if he presented it to me, I would sure be along with it, voluntarily. I'm not sure why I would have to be forced to do it. And the argument that there would be people who would piggyback on my contribution, hey, I'd make the contribution because I think I'm going to get something out of it, and I would do that on some kind of basis, whatever they might have determined, whether it's a dollars per room or whatever kind of a system they came up with, I would be -- I'd be first on board. And I think most businessmen who benefit would do likewise. The other thing I'd like to mention is that we do need to protect our number one asset, which is our beaches and the inlet. And if memory serves -- CHAIRWOMAN HILLER: Sir? MR. SMITH: -- you folks have already made 18 changes to the tourist tax. That's an awful lot of changes, of tinkering. You're trying to get a little bit more money here and a little bit less money there, and I think it's time that we started thinking about the idea of just having the tax do what benefits all of us, and that's to protect the beaches and inlets and let those of us who are in the private sector fend for ourselves. CHAIRWOMAN HILLER: Thank you very much. MR. MILLER: Your next public speaker is Darren Robertshaw. He'll be followed by Rich Medwedeff. MR. ROBERTSHAW: Thank you for the opportunity to be Page 169 February 12, 2013 heard on this matter. My name is Darren Robertshaw, president of Collier County Lodging and Tourism Alliance. We are a membership of community and business leaders who are impacted by tourism in our county. We originally formed as the Lodging Association of Collier County. In the past year we've expanded to represent all businesses that are involved in tourism. I am sure you understand the importance tourism is in our county; 32,000 hospitality and tourism jobs in our county. An estimated $1.4 billion in annual impact. What you may not know is how competitive it is to get a visitor to our destination and how determined other counties, states, and countries are to bring those visitors to their destinations to enjoy those same benefits that our tourism provides. The client who's considering bringing a group to Collier County in most situations will be getting a request for proposal for three to four different destinations. They'll consider everything; tax, they'll consider the cost of transportation to get them to and from the airport, they'll consider can they get a direct flight to the airport; they consider everything. Every penny that visitor is charged, they will look at to make their decision. Same goes for the individual traveler. Collier County Lodging and Tourism Alliance believe that raising the tourist tax would make Collier County less competitive. We would like to ask the commissioners to support the resolution and not raise tourist tax at this time. Thank you very much for hearing me. MR. MILLER: Your next public speaker is Rick Medwedeff. He'll be followed by Clark Hill. MR. MEDWEDEFF: For the record, my name is Rick Medwedeff. I'm the general manager of the Marriott of Marco Island and a member of the Tourist Development Council. I would like to start off by saying, Commissioners, if you are Page 170 February 12, 2013 interested in economic development and want to support the one industry, tourism, that has had the most significant impact on this community, then please vote no to any bed tax increases. I note that there are individuals and groups that are saying that hoteliers are only interested in their business and that is why we do not support increasing the bed tax. I would like to share some facts that you and the community should be aware of. First and foremost, hotels do not get any free advertising from this tax. All marketing and advertising goes to promote Naples, Marco Island, and the Everglades destination. It's referred to as destination marketing. It's not for hotels. Now, if you do see an ad, a Collier County Convention and Visitors Bureaus ad that has an ad for a hotel or an attraction attached to it, that hotel or attraction actually pays for that ad. That's not included. Over the last fiscal year, hotels collected $10.6 million of the 14.9 million of bed tax collected, which represents 71.3 percent. In the calendar year of 2012, the REVPAR, which is the critical number that you look at that collects the tax; it's a revenue per available room. For hotels in 2012, it was $108.36 versus, in 2007, the REVPAR was 119.81. That's a 9.6 percent decline. So although there has been published reports that the last year we had record-breaking bed tax collection, it has obviously not been generated by hotels. I have a graph I'd like to show on the screen here. The top graph is the occupancy of our market over the last five years, since 2007. The top line is the total occupancy, the second line is the transient occupancy, and the bottom line is the group occupancy. You can see the group occupancy dropped off dramatically in 2009, and that affected the overall occupancy pretty dramatically. It also dropped our average rates, as you can see on the next graph below. All the rates dropped correspondingly. And the third graph is Page 171 February 12, 2013 the REVPAR, which shows that we are clearly below where we stood same time in 2007. So why am I highlighting the group impact? Because we rely on this segment more than any of our competitive set. If we could show this other graph. The bottom -- the bottom line is the group occupancy. That's our occupancy for Naples MSA to Miami, Florida Keys, Fort Myers and so forth. The top graph shows what is that -- is a percentage of our total mix. You did see on this graph we rely on group market more than any of our competition by a wide margin, and that's critical for you to know because, as Darren was talking about, the meeting planner looks at their total costs before making their buying decision, and tax is included in that. So, in closing, we as a community have decided to put all of our eggs in one basket and rely strictly on the bed tax to support our beach park facilities, beach renourishment, and county-owned museums. With that strategy, we can ill afford to jeopardize that source of revenues of which over 70 percent comes from hotels with a bed tax. Thank you. CHAIRWOMAN HILLER: Thank you very much. Commissioner Fiala would like to comment on your remarks. COMMISSIONER FIALA: Just a fast -- more or less a question, because I just love what you do. You're in my district, you live in my district, you work in my district, your hotel is in my district, and most of your people that work there are in my district, and I feel very pleased and very proud of that. The only problem I have with all of this and the reason I was tending toward going this way was because -- because you folks at the TDC have determined that you want to slowly eliminate any money given to the museums as well as the parks. MR. MEDWEDEFF: (Shakes head.) Page 172 February 12, 2013 COMMISSIONER FIALA: Not at all? You're not even decreasing that at all? MR. MEDWEDEFF: No. There is a recommendation that you will have in front of you at the next BCC meeting that was drafted by the staff of the county manager that the TDC voted unanimously to support, which is a little different than what the original submission of the subcommittee of the TDC had submitted, which was -- to your concern, be a total elimination of funding for the museums. That is not part of the recommendation that's being put forth in your next BCC meeting. COMMISSIONER FIALA: What is the recommendation? Because that, to me -- you see, if we -- if we keep the status quo, which I understand -- I understand your points, but then if you reduce the funding to the museums incrementally over the next three years -- MR. MEDWEDEFF: That's not in the proposal. COMMISSIONER FIALA: I don't know that. I don't know what -- that's why I'm asking what it is. MR. OCHS: Commissioner -- COMMISSIONER FIALA: Same with the beach parks, that's okay. Then our taxpayers have to pay for it. Now, if you plan on continuing to fund those and keep your 4 percent, that's fine. MR. MEDWEDEFF: They're funded and to some lesser degree. COMMISSIONER FIALA: Ah, okay. MR. OCHS: Commissioner, let me -- since it's my proposal, and you'll see it next meeting -- COMMISSIONER HENNING: Is that this agenda item? COMMISSIONER FIALA: Yes, it is, because this is how it is affecting my vote. COMMISSIONER HENNING: Oh. No, it's a -- it's a recommendation to bring back a resolution not to support a tourist tax increase. COMMISSIONER FIALA: Right, and I was -- I would support Page 173 February 12, 2013 the tourist tax increase if they're going to be reducing the funding for the beach parks and for the museums, because I don't want that money to go, then, to our taxpayers to have to cover. I mean, this is a fiscally responsible decision here. But if they're not going to reduce those things, keep them the same, I say then keep the bed tax the same, because then we don't have to make up that funding loss. COMMISSIONER HENNING: Is it fiscal (sic) responsible to raise taxes? COMMISSIONER FIALA: That's exactly what I'm saying. MR. MEDWEDEFF: Right, and what was recommended was a 25 percent increase in that tax. COMMISSIONER FIALA: Say that again. MR. MEDWEDEFF: What was recommended by the Naples City Council was a 25 percent increase in a tax. COMMISSIONER FIALA: In the tax for what? MR. MEDWEDEFF: Bed tax. It was a 25 percent increase in bed tax they were requesting. COMMISSIONER FIALA: But what is the proposal of the other MR. OCHS: Commissioner, in a nutshell, the proposal is to reallocate the existing four pennies of bed tax to move more funding to promotion -- destination marketing and advertising to move more money into your annual reserve for beach renourishment. The only way we can do that is to reduce the current annual level of funding to the beach park facilities, and we've recommended that in a way that I believe is responsible and will not prevent you from maintaining and building any of the beach park facilities that we have in our five-year plan. And then, finally, the proposal with respect to the museum is to reduce their TDC funding by $200,000 and ask them to try to raise that money through other means, either event charges or other special promotions, with the backstop that if they're unable to do that, Page 174 February 12, 2013 whatever the difference is between what their annual budget is and that $200,000, we will make up. I say "we." The staff will recommend that you make that up through General Fund dollars if it's required. So there's a guarantee that the museum will maintain their annual level of funding even if they can't raise the entire $200,000. COMMISSIONER FIALA: Yes, because the tourists go there, and that's something that they really need to do as -- you know, especially with the group business. The husband goes, or wife -- the spouse goes to the meetings that are planned for them, and then the other spouse is here and they try and find things to do to keep them busy. Same with the beach parks. That keeps them busy. I want to tell you, I live here, you do, you do, but how often do we go to a park? But the tourists do. And I just feel that that's an important aspect of this. Now, if you plan on keeping those things funded so that responsibility does not go to our taxpayers, then I'm for this, but you have to assure me that that's what you're doing. MR. OCHS: Well, I can't assure you right now, ma'am. I can't give you a guarantee. I can just tell you what the proposal is. And this is, first and foremost for me, an economic development proposal, because the hospitality industry has demonstrated that they can raise additional revenue when they invest in themselves and when we invest in them, and I think that rising tide will rise all votes -- raise all votes over time and increase the available revenue for all of the categories that receive it, and -- COMMISSIONER FIALA: As long as we don't eliminate those categories. CHAIRWOMAN HILLER: Can I help? Can I help? MR. MEDWEDEFF: There's been no elimination of this category. COMMISSIONER FIALA: I want to hear what he says. Page 175 February 12, 2013 MR. OCHS: I have no incremental reduction beyond that $200,000. CHAIRWOMAN HILLER: Let me help. COMMISSIONER FIALA: Okay. But, Rick, you said, no, you're not going to do that? MR. MEDWEDEFF: There's no elimination of the funding of that. There is a reallocation, but no elimination of the funding that's being proposed. CHAIRWOMAN HILLER: Right. Let me interrupt right now, because I really have to bring some clarity into this. We're not discussing the proposal for the allocation of fundings here today, so we're not going to get into any more detail with respect to that. That is going to be brought back at a future meeting. Commissioner Fiala, today all we're doing is directing that -- COMMISSIONER FIALA: I know what we're doing. CHAIRWOMAN HILLER: -- to -- no, but let me finish -- to direct them to bring back a resolution. So my point is, if you don't like what ends up being adopted, you can vote against the resolution when it's presented before us. We're not voting today to accept the wording of a resolution. Nothing is before us. We're just directing them. COMMISSIONER FIALA: Commissioner, I understand that. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: I just want -- you know, it's not like I walked in from the second grade. I know what we're doing here. CHAIRWOMAN HILLER: No. It's not that. I just want -- but my point is is that you don't have to -- COMMISSIONER FIALA: We need to talk, right? Same with you, Clark. MR. MEDWEDEFF: Commissioner Fiala -- and that's -- my point is that I want you to understand that if you raise the tax, you put us in a situation of potentially losing business and lowering the bed tax Page 176 February 12, 2013 that we collect. You rely upon the hotels to collect 70 percent of that tax. COMMISSIONER FIALA: I understand that. MR. MEDWEDEFF: And as a hotelier professional that works and lives in this community, I'm telling you that if you raise the bed tax, that would hurt the industry here in Collier County and would reduce your taxes that you're collecting. COMMISSIONER FIALA: It really hasn't done that in the other counties, but -- MR. MEDWEDEFF: Yes, it has. It absolutely has. If you look at Fort Myers, their occupancy -- group occupancy back in 2007 was 21 percent of their business. It's down to -- well, Commissioner, can I just say, it's down to 13 percent of their business. That's a fact. That's on -- that is on Smith Travel Reporting documents that I can hand you, and you can see the decline in their group business substantially. COMMISSIONER FIALA: Okay. Just -- you and I need to talk, because those are my two concerns, museums and beach parks, okay. MR. MEDWEDEFF: Well, I hope that the 37,000 jobs that rely on tourism are your primary concern, Commissioner. CHAIRWOMAN HILLER: Commissioner Coyle? MR. MEDWEDEFF: Thirty-seven thousand -- or thirty-two thousand. COMMISSIONER COYLE: No, I'll go after the speakers have finished. CHAIRWOMAN HILLER: Okay. The next speaker? MR. MILLER: Your next speaker is Randy Smith. He'll be followed by Bob Naegele. MR. R. SMITH: Good afternoon. Randy Smith with Naples Transportation and Tours. We've been in the hospitality and tourism business in Naples and Marco Island for 25 years. Our business relies heavily on tourism, as do many restaurants and shopping areas and other attractions in town. And we are against any tax that makes it Page 177 February 12, 2013 more difficult for visitors to come to our area. We provide services for both the family leisure traveler and also for the group and convention business side. So we've got all perspectives, and a non-hotel perspective as well. We work directly with the meeting planners that come down here, and they do tell us that they're considering other locations like the east coast or Arizona or Orlando, and they tell us how difficult it is to bring their groups here due to the other costs of airfare and transportation, airport. A lot of factors rely on their decision, and any increase in tax is just going to make it that much more difficult. So we're hoping that you vote against any kind of increase in the tax. Thank you. MR. MILLER: Your final public speaker is Bob Naegele. MR. NAEGELE: Thank you, Commissioners. Bob Naegele, 7993 Via Vecchia. And I've been a businessman for most of my life, and any time somebody would try to impose a 25 percent increase in a tax on me or my business or my real estate, I would be outraged. And so I'm just hearing the conversation. It's only one percent. I saw the newspaper article when Murray Hendel presented for the Collier County -- Collier Community Alliance to the city council, and he was very forceful in making that presentation. But I want you to know, as a member of the CCA committee that studied not only economic development, but I'm also on the Tourist Development Committee, we -- it was implied at the city council meeting that it was the full force of the CCA. But, you know, it came out of subcommittee or the committee on the tourist tax with -- unanimously against raising the tax. And as a -- at the last meeting, we did not -- we had a very interesting conversation, sometimes heated, and there were definitely four votes that said, no, this is the wrong thing to do. So I just want -- the implication that this is fully supported by the Page 178 February 12, 2013 CCA is not true. So thank you very much. MR. MILLER: Madam Chair, I misspoke. I had one more sheet that I missed. You have one more speaker. His name's Clark Hill. CHAIRWOMAN HILLER: Okay. Thank you. MR. HILL: Good afternoon, Commissioners. And thank you for listening to me today. It's a pleasure to be here. I'm speaking on behalf of the tourism industry. And if we increase our tax by 25 percent, by another one penny, we're effectively going to slow the traffic coming into the community to stay in the hotels. I refer to the importance of our visitors staying in hotels only insomuch as it's -- that's where we get the critical funding to do many things, including maintain our beaches, support our museums, and to advertise our destination. So the real impact of what we're talking about here is on the overall economy of Collier County. Currently, tourism is a $1.4 billion industry that's a major engine for us. Also, currently, the infrastructure is in place. In fact, it's 35 percent underutilized, at least in the hospitality industry. Two years ago we saw restaurants and attractions closing. We need to stop that. A way to stop that is to bring more visitors in, and the way we're going to do that is to not increase the tax, to follow the lead of the person who is going to manage the funding for this, and to make us all more successful. We'll drive down unemployment. The tourism industry employs 32,000. It could employ many more and will. There's a 40-to-1 return on every dollar we spend on marketing. There's nothing more important to Collier County than our beaches, I understand, as far as attracting visitors, and culture is tremendously important to who we are, to attracting visitors and to our quality of life. Page 179 February 12, 2013 Those things, I believe -- I believe that if we raise this tax, we're going to do more damage than just what we see on the surface. And I think that there's an opportunity this month to settle all the conversation, to do the right thing, and to better the quality of life for all of us. Thank you very much. CHAIRWOMAN HILLER: Thank you. I'd like to comment on what you just said, Clark. I had the opportunity to attend a governmental conference in Tallahassee. One of the presentations was made by the Bureau of Economic Statistics, or something along those lines, but, essentially, the agency of the state government that analyzes the trends in economic development. And what they said is tourism, which they describe as always including retail, is growing faster than any other industry in the state. They said, followed by construction, finance, banking, health and ag. On the decline is manufacturing. So, you know, the de-emphasis is towards manufacturing. I have looked at our makeup of businesses as compared to the state as a whole or industries, if you will, as compared to the state as a whole, and we're like a microcosm of the state. So we really need to do everything we can to promote tourism, to help you success and get better because, you're right, we have already made the investment in infrastructure. Thirty-five percent of unutilized built infrastructure is an outrageous waste, and we have to do everything we can to basically put you in a position of 100 percent utilization. So we have a lot of work to do to get you there, and we hope we can help. Remember, we're the government, and we're here to help. MR. HILL: I know that. CHAIRWOMAN HILLER: And don't laugh. MR. HILL: No, thank you very much. CHAIRWOMAN HILLER: But no, seriously, the industry is to Page 180 February 12, 2013 be commended and also, for the 37,000 people that you employ, that is very, very significant considering that our population is about 350,000. Thank you. MR. HILL: Thank you. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I had a conversation with the governor on Saturday, and the State of Florida -- and where the governor has been going is more dollars to promote/bring tourism in. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER HENNING: And so we had a great conversation about what is being proposed by the county manager for his -- part of his economic incentive, and he was very excited about that. CHAIRWOMAN HILLER: That's really great. We have a -- I'm sorry, Commissioner Coyle. COMMISSIONER COYLE: You turned off my light before. CHAIRWOMAN HILLER: I apologize. COMMISSIONER COYLE: I just want to make an observation. I think it's very interesting that the Collier County Community Alliance, who is recommending the increase, didn't bother to show up to support their recommendations today. That's puzzling. CHAIRWOMAN HILLER: No. COMMISSIONER COYLE: But nevertheless. CHAIRWOMAN HILLER: No, no. What happened was, I think you might have missed what -- COMMISSIONER COYLE: No, I heard exactly what he said. CHAIRWOMAN HILLER: Well, I want to clarify what was said for the record, because what you're saying might confuse the viewing public, Commissioner Coyle. Essentially, what happened was the Collier Community Alliance -- is that the proper title? Yeah -- through their subcommittee clearly opposed the increase of the tourist bed tax and, apparently, the Page 181 February 12, 2013 organization as a whole -- by its majority opposed it, but one member, I guess, either misinterpreted or decided to go on his own and state that the alliance, in fact, did support an increase. Apparently -- is Mr. Naegele or -- COMMISSIONER COYLE: No, he's gone. CHAIRWOMAN HILLER: Mr. Gaddy, could you stand up to the mike, and could you clarify? I mean, I'm just interpreting what was said by Mr. Naegele. But it's very clear that the community alliance does not support the increase in the bed tax; is that a correct statement? MR. GADDY: We -- I think the correct statement is that there was some misunderstanding and some confusion, and we're attempting to reconcile that now, and we're going to be coming to a position, as I indicated before and Mr. Naegele indicated, that we're going to be studying all county revenue streams, and the bed tax is one of them. CHAIRWOMAN HILLER: But specifically, let's stay focused on the tourist development tax. You had a subcommittee that prepared a paper on this tax. MR. GADDY: That's correct. CHAIRWOMAN HILLER: And the conclusion of the subcommittee was that you did not support the increase in the tax. MR. GADDY: That's correct. CHAIRWOMAN HILLER: And there was a problem at your board level with respect to the vote, and I guess the information either was released incorrectly or prematurely is what you're saying? MR. GADDY: Yes. CHAIRWOMAN HILLER: Okay. And I think that's important, because the representations of your organization were posted in the Naples Daily News, and I think it would behoove the Naples Daily News to retract that representation since what you're telling me is it doesn't represent your organization's position. COMMISSIONER HENNING: Oh, it must be. Page 182 February 12, 2013 COMMISSIONER COYLE: Wait a minute, wait a minute. CHAIRWOMAN HILLER: Or does it? COMMISSIONER COYLE: It wasn't the Naples Daily News. It was taken to the Naples City Council, and they voted. MR. GADDY: Naples City Council, right. CHAIRWOMAN HILLER: But didn't you publish it, Naples Daily News? COMMISSIONER COYLE: Yeah, they published the results of the vote. CHAIRWOMAN HILLER: No, no, not of the vote. This was before. Wasn't there an article or press release in the Naples Daily News? I thought there was something in the paper. MR. GADDY: Yeah, there was a reporting of what happened at the Naples City Council. CHAIRWOMAN HILLER: Oh, okay. But there was nothing prior to that? I thought there was -- MR. GADDY: Not to my recollection. CHAIRWOMAN HILLER: Okay. I misunderstood. I thought there was -- MR. GADDY: I have a copy of our written committee report. CHAIRWOMAN HILLER: Could we have it? MR. GADDY: I'll be happy to email that to you, Commissioner. CHAIRWOMAN HILLER: Well, email it to the entire board, and then please provide a copy to be included into the record for the court reporter. MR. GADDY: Okay. Very good. Thank you. I'll mail it to you, too, KD. One thing I just wanted to mention as long as I'm up here, and that's about 45 minutes ago the Lee County Commission voted to continue their discussion of an impact fee moratorium. CHAIRWOMAN HILLER: That's interesting. MR. GADDY: So -- just thought I'd pass that on. Page 183 February 12, 2013 COMMISSIONER HENNING: I was going to read it in the Naples Daily News. MR. GADDY: They might not cover. CHAIRWOMAN HILLER: Okay. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #12B (Continued from earlier in the meeting) FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES: FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1224; AND SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1223 - MOTION TO TABLE THE ITEM TO ALLOW THE COUNTY ATTORNEY AND PLAINTIFF'S ATTORNEY TIME TO REWORK SETTLEMENT LANGUAGE — APPROVED; A SETTLEMENT WAS AGREED UPON BY ALL PARTIES AS PRESENTED BY THE COUNTY ATTORNEY'S OFFICE MR. OCHS: Madam Chair, would you like to go back to the Hussey settlement item at this point or move onto Item 9 on your Page 184 February 12, 2013 agenda? I believe the county attorney indicated he has the documents ready. CHAIRWOMAN HILLER: What's your pleasure, County Attorney? MR. KLATZKOW: It's the chair's. CHAIRWOMAN HILLER: You've got everybody here? Should we just move back to the settlement then? It would make sense, and then that way they can leave. MR. KLATZKOW: That would be fine. Thank you. Scott, could you put the changes on the overhead. MR. TEACH: Yeah. Scott Teach, Deputy County Attorney. I met with counsel. We went through and made some changes. The first page -- and these are attached to the revised agreement that you have on the dais and each of the board members. First of all, it was just an addition to a couple references to acreage and amounts, and they're underscored on the -- okay, very good. The first page is just a change. We had included a reference to 1,110 acres, and then at the end we have a reference to 523 acres, so that was just a nominal change. That wasn't included in the agenda package that you were previously provided. And this section, you can read through it, we struck through a great deal of language, and then we included references, specific references to SR846 sending lands down at the last sentence as well. And I have Mr. Vega up here, because Mr. Vega and Bruce -- if you need to speak with Bruce regarding what their position on this presentation is. MR. VEGA: Chairman Hiller? CHAIRWOMAN HILLER: Yes. MR. VEGA: I just wanted to add, we clarified -- and I see your point as to the reference to sending lands in Paragraph 8 is ambiguous and could have referred back to the Hussey sending lands. We have Page 185 February 12, 2013 clarified that it's specifically limited to the 846 sending lands. We have deleted the two sentences that were objectionable. We did not add to the Hussey lands, and that was purposeful. Perhaps more thought was spent on the issue than deserved on our part, not on yours. The issue was the Husseys are not -- their lands are not within the North Belle Meade overlay that gives special rights. They're plain, garden variety, if this is adopted, receiving. They have the rights and limitations that go along with receiving land, and mining is a conditional use. It may be that the conditional use process changes at some point in the future. Its name could change, the process could change, the rights of receiving lands could change. Instead of putting in a sentence that requires it to go through the conditional use process, if 20 years from now there is no conditional use process but there is, in fact, a different process that receiving lands go through, the thought would be to leave them as receiving lands, and whatever applies to receiving lands applies to them. CHAIRWOMAN HILLER: Except for the fact that it is not clear that as a consequence of the transfer that the approved conditional use is not also being transferred, and that is what is not clearly provided for. Because currently on the 856 (sic) -- is that what it is? COMMISSIONER NANCE: 846. CHAIRWOMAN HILLER: On the 846 lands, you have the right to mine, which was granted to you by way of an approval of a conditional use permit application. What I don't want to see happen is that what you have been granted up on 846 becomes automatic on the Hussey lands merely because you did the switch, and that is not clearly provided herein. I mean, what the board is reserving as a matter of right to decide by discretion is if you come forward on those Hussey lands to mine, that we will review the evidence, and we'll make a decision based on Page 186 February 12, 2013 that, not that because you had it approved over here, it's automatically approved over here, just because you're switching the labels. And that is not clearly provided for. In fact, it's -- the way I read it, it provides for exactly what I'm arguing against. MR. VEGA: Again, that is not our intent. CHAIRWOMAN HILLER: I understand. So why don't you just come up with a sentence that makes it clear that that isn't the intent? Because I think we're on the same page. MR. VEGA: Right. CHAIRWOMAN HILLER: The issue is not a question of us having a difference of opinion; it's that the wording doesn't reflect our joint interpretation. MR. VEGA: How about a sentence at the end of Paragraph 8 saying that these limitations confer no additional rights onto the Hussey lands? CHAIRWOMAN HILLER: Where does it say that? MR. VEGA: No. I'm asking whether Mr. Anderson would be happy to write that in. CHAIRWOMAN HILLER: Just say that with respect to the mining, that the mining rights attributable to the 846 lands will not be attributable to the Hussey lands. MR. VEGA: We are in agreement with that. CHAIRWOMAN HILLER: And that way there's no ambiguity. And then, like you said, whatever comes with receiving is what -- COMMISSIONER NANCE: What it is. CHAIRWOMAN HILLER: -- is what it is. MR. VEGA: That is -- that is acceptable. CHAIRWOMAN HILLER: So it's essentially just restoring that land to receiving. MR. VEGA: Absolutely. COMMISSIONER FIALA: Could you read it out loud for us, whatever you're adding? Page 187 February 12, 2013 MR. ANDERSON: Yeah, when I add it. COMMISSIONER FIALA: I'll wait. MR. KLATZKOW: Put it on the monitor. COMMISSIONER NANCE: Hurry up, Bruce. MR. KLATZKOW: No pressure, Bruce. CHAIRWOMAN HILLER: Bruce, you know that great handwriting of yours? MR. ANDERSON: That's just what I was thinking. CHAIRWOMAN HILLER: I was thinking you're saying, like, we'll all be able to read it. MR. VEGA: I can assure you if I tried to write it with a broken hand, no one would be able to read it. COMMISSIONER NANCE: Since we don't teach cursive writing anymore in the schools, pretty soon we won't have this as an option, Counselor. COMMISSIONER COYLE: Maybe we won't have attorneys as an option, if they can't write. COMMISSIONER FIALA: What about doctors? COMMISSIONER COYLE: They can't write anyhow. COMMISSIONER NANCE: Yeah, they can't write now. MR. TEACH: Okay. What it says at the end here is nothing in this paragraph shall confer any mining rights on the Hussey lands, period. CHAIRWOMAN HILLER: That's fine. COMMISSIONER COYLE: They didn't teach him cursive either, did they? MR. ANDERSON: If I had done cursive, you wouldn't be able to read it. COMMISSIONER NANCE: All right. I'm going to, once again, change my motion to reflect the changes as indicated and discussed. If somebody -- COMMISSIONER COYLE: I will change my second to Page 188 February 12, 2013 conform. CHAIRWOMAN HILLER: Commissioner Fiala, how do you feel? COMMISSIONER FIALA: You know, I still have my concerns, because now the truck traffic that are caused from mines, I'm still concerned about that. CHAIRWOMAN HILLER: But here's the difference. We have not given them the right to mine. They have to come back to us and apply for a conditional use permit to have the right to mine. So when the evidence comes forward, if that's a concern of yours and they can't satisfy that that concern won't adversely affect the community, their right to mine can be denied by the board, you know, based on, you know, these types of issues. COMMISSIONER COYLE: Yeah, the impacts to the neighborhood. That's what I'm concerned with. CHAIRWOMAN HILLER: I mean, there are, potentially, environmental impacts, neighborhood impacts, all of which would be considered when we have a hearing on this if they decide to mine, and they may not even decide to mine. They may -- COMMISSIONER FIALA: They always have the right to build houses. CHAIRWOMAN HILLER: Right. Now they would have the right to engage in residential development, for example. There is only one concern I have that I'd like to address, and that is the award of intensity. And without consideration to amending the Growth Management Plan, I can't see how we can start increasing the number of square feet of commercial that we're approving without incorporating that in the Growth Management Plan, because it's going to have a direct impact on -- is there no commercial? MR. KLATZKOW: We struck out the PUD language -- CHAIRWOMAN HILLER: Oh, did you? MR. KLATZKOW: Yes. Page 189 February 12, 2013 CHAIRWOMAN HILLER: Oh, okay. You're right. Thank you. I'm done. Okay. I'm good. I'm happy again. COMMISSIONER NANCE: You good? CHAIRWOMAN HILLER: Forgive me. I was like -- COMMISSIONER NANCE: Mr. Vega? MR. KLATZKOW: It's a long day. CHAIRWOMAN HILLER: You're right. COMMISSIONER NANCE: Yes. Mr. Vega, could you tell me what the net effect is on the total number of mined acres under this plan? MR. VEGA: I think under this plan -- and I'd defer to Mr. Barber and Mr. Anderson, but there is a reduction of about 35 acres. COMMISSIONER NANCE: Okay. So that between shutting down the mining that's taking place in the 846 lands against the mines that could -- the mining that could potentially take place on the Hussey land, there would, indeed, be a net decrease in the amount of mining? MR. VEGA: If a conditional use for mining were approved on the Hussey lands in the future, there would be an increase in the minable acres in Collier County, yes. COMMISSIONER NANCE: Okay. Okay. That's it. I don't have any other discussion. CHAIRWOMAN HILLER: There being no further discussion, all -- MR. KLATZKOW: May I just -- before you do that vote, because we've changed it, can I get on the record that each of you concur with these changes? And get your clients to approve. MR. VEGA: Yes. MR. ANDERSON: Yes. Let the record reflect that my client shook his head affirmatively in the back of the room. MR. VEGA: Winchester Lakes, Francis D. Hussey, Jr., Mary Page 190 February 12, 2013 Pat Hussey, Shawn Hussey, Shawn Hussey Trustee, if I'm trustee, we all agree. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Fiala dissenting. Item #9B ORDINANCE 2013-21: RECOMMENDATION TO ADOPT AN ORDINANCE WHICH WOULD ESTABLISH LIMITATIONS, IN ADDITION TO THOSE SET FORTH IN CHAPTER 538, PART I, FLORIDA STATUTES, ON THE SALE AND/OR PURCHASE OF SECONDHAND GOODS (SECONDHAND DEALERS) — ADOPTED W/CHANGES MR. OCHS: Madam Chair, that would take us to your advertised public hearing section of your agenda. We have one item. That was removed from your summary agenda during the changes at the beginning of the meeting this morning. That would be Item 9B, which formerly was 17A on your summary agenda. It was an item that was continued from the January 22nd BCC meeting. It's a recommendation to adopt an ordinance which would establish limitations in addition to those set forth in Chapter 538, Part 1, Florida Statutes, on the sale and/or purchase of secondhand goods. CHAIRWOMAN HILLER: Motion to approve. Page 191 February 12, 2013 COMMISSIONER NANCE: Second. COMMISSIONER HENNING: Who moved it? COMMISSIONER COYLE: Just a minute. You said 17A? COMMISSIONER HENNING: 17B. CHAIRWOMAN HILLER: B. The secondhand -- COMMISSIONER COYLE: 17D? CHAIRWOMAN HILLER: B. MR. OCHS: No, no, no. CHAIRWOMAN HILLER: B. MR. OCHS: There was only one summary agenda. It was 17A, Commissioner, moved to 9B. CHAIRWOMAN HILLER: Sorry. COMMISSIONER HENNING: Who moved it? COMMISSIONER COYLE: Hold on a minute. MR. OCHS: It was moved at the county attorney's request, because there was the slight modification between the time, I believe, the agenda was published. There was -- COMMISSIONER NANCE: There was a spelling error in the document. MR. OCHS: There was a spelling error, and also because of the change we had to move it -- MR. KLATZKOW: It was also published a certain way, and then Commissioner Nance met with representatives of the Sheriffs Office, and some modifications were made. So I'll put them on the monitor, or the county manager will. COMMISSIONER COYLE: I want to make sure I've got the right one. 17A is what you're talking about; is that right? MR. OCHS: Yes, sir. COMMISSIONER COYLE: Okay. MR. KLATZKOW: So your first change is to the title. COMMISSIONER COYLE: I got it. MR. OCHS: Everybody good so far? Page 192 February 12, 2013 COMMISSIONER COYLE: Yeah, I've got it. I just had a question concerning one word. MR. OCHS: Okay. Yes, sir. So we're moving to Page 3 of the document. MR. KLATZKOW: We didn't want to regulate coin and stamp shows, and that's the purpose of that provision. COMMISSIONER FIALA: Say that again, please. MR. KLATZKOW: We did not want to regulate coin or stamp shows. COMMISSIONER COYLE: You're differentiating between people who sell and people who purchase in the first sentence of this thing. Can you clarify that for me? No secondhand goods may be sold. You've stricken out sold, and you just have it applied to purchased by a secondhand dealer from a hotel room or motel room. Are you not also interested in secondhand goods that may be sold? MR. KLATZKOW: These aren't my changes. Thank you. MR. PARK: Good afternoon, Madam Chair -- CHAIRWOMAN HILLER: Good afternoon. MR. PARK: -- Commissioners, my name's Chad Park. I'm a lieutenant with the Collier County Sheriffs Office Financial Crimes Bureau. I also oversee the regulated business section which pertains to secondhand dealers, scrap metal yard, pawn shops, et cetera. And this was an issue that the secondhand dealers and pawn shops had with these transient businesses traveling around the state and around the country doing gold shows on a weekend event and hotels, out of the backs of cars, et cetera. So what we wanted to do was limit those businesses from coming into the county and buying gold or secondhand goods from our citizenry here in the county. COMMISSIONER COYLE: But they can sell secondhand goods from a hotel room or a motel room or a vehicle; that's what -- that's what this says, as I understand it. MR. PARK: The -- they should not be able to sell and/or buy, Page 193 February 12, 2013 but we did modify it to basically say they could do it in a hotel room. They can sell. COMMISSIONER COYLE: They can sell from a hotel room? MR. PARK: That's correct. What they'll do is they'll get conference rooms, so we included that as hotel rooms. So we're okay with them coming to the county and selling any products, but the problem we're running into is they're regulated by statute and by ordinance that they have to report their transactions to law enforcement. The problem is these businesses are only here for a short period of time. It's incredibly difficult for us to enforce, and it provides a means for any stolen property to be sold to these vendors, and then they are gone before we can do anything about it to try to recover stolen property. COMMISSIONER COYLE: Okay. I understand the problem, believe me. I understand it very clearly. But it seems to me that you would want to have some control or prohibition from people coming to Naples with a supply of stolen goods and selling them from a vehicle or from a hotel room, and you have no way of tracking them down if something -- if you were trying to trace stolen goods. So you're allowing a person who accumulates stolen goods to come here and sell them, but you're not allowing a secondhand dealer to purchase them from a hotel room. But an individual can come there and purchase stolen goods from a hotel room or a car or anything else, and there's nothing here that prohibits that. MR. PARK: Well, anybody can buy anything whether it's listed on a media site or a classified site such as Craig's list or eBay. I mean, anybody can sell anything, and it's our job, if something's reported stolen, to try to match it up to its rightful owner. But what we're trying to limit is these gold-buying events that come into the county, and it provides a means for the criminals to unload the property. And then these places, they don't report to us, or Page 194 February 12, 2013 if they do, it's incredibly difficult for us to enforce that because they're out of county within a day or two. COMMISSIONER COYLE: Okay. I understand what you're saying; I just don't agree with you. I think the "sold and/or purchased" should remain in there, but that's up to the majority of the board. CHAIRWOMAN HILLER: I would defer to law enforcement. What's your take? Would you like to leave it as-is, or would you like to modify it to include sold and purchased? MR. PARK: Well, the -- let me think about it. CHAIRWOMAN HILLER: Let me put it to you this way. MR. PARK: Okay. CHAIRWOMAN HILLER: You don't have to make a decision now. We actually can approve this as its written. You can consider what Commissioner Coyle has said, and if you go back into the field and you see that what he says holds true and you want to come back and modify this to incorporate his recommendation, then you can do so. So you don't have to make a decision right now because it, you know, may not be the right forum to consider the change. MR. PARK: The reason we phrased it the way we did was we didn't want to prohibit businesses from coming to the county and selling any items, whether it's any shows or anything like that. CHAIRWOMAN HILLER: Okay. MR. PARK: However, we're particularly focused on gold, and that's the big issue we have with secondhand dealers now. We had 36 secondhand dealers registered through the Department of Revenue in Collier County back in 2008. In 2013 we have 89 regulated secondhand -- CHAIRWOMAN HILLER: Unbelievable. MR. PARK: -- dealers. And most of those are "We Buy Gold" stores. You see them pop up on every corner. Former restaurants and fast-food joints are now these gold buyers. Page 195 February 12, 2013 The brick and mortar establishments here in the county are great, you know. They know the laws, they report to us in a timely manner, and we inspect them on a regular basis. It's these ones that show up at the hotels. So we don't want to say, hey, you can't even come to our county and sell items. And so that's why we wanted to make it, I guess, free or -- I mean, equal and fair to anybody that wanted to come into the county and sell anything. What we were trying to restrict or regulate in a better fashion was the purchase of these businesses that come into the county that don't pay taxes like our brick and mortar establishments do, to just come in and buy gold, take the money out of our pockets of our working businesses and then leave the county. And then, like I said, if it is stolen, the reporting is terrible and/or trying to identify and match up to the rightful owner is very difficult. CHAIRWOMAN HILLER: Thank you. MR. PARK: Oh, you're welcome. CHAIRWOMAN HILLER: We have a motion on the table and a second. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Thank you for your presentation. MR. PARK: Thank you. Item #10F Page 196 February 12, 2013 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT THE COUNTY ATTORNEY TO PREPARE AN ORDINANCE FOR BOARD APPROVAL PROVIDING FOR A COUNTY HEARING OFFICER WHO SHALL BE EMPOWERED TO HEAR AND RULE ON LIMITED PLANNING AND ZONING MATTERS; THAT ANY DECISION OF THE HEARING OFFICER MAY BE APPEALED TO THE BOARD OF COUNTY COMMISSIONERS; THAT IT BE FURTHER DIRECTED THAT COUNTY STAFF DEVELOP A JOB DESCRIPTION BASED ON THE LEGAL DEFINITION OF THE NEWLY CREATED POSITION, OBTAIN BOARD APPROVAL FOR FUNDING THE POSITION, AND IMMEDIATELY ADVERTISE THE POSITION UPON BOARD APPROVAL OF THE ORDINANCE, ALL SO THAT A HEARING OFFICER IS HIRED AND IN PLACE BY APRIL 15, 2013 WITH THE INTENT OF PROMOTING ADMINISTRATIVE EFFICIENCY IN RENDERING CERTAIN DEVELOPMENT RELATED DECISIONS BY THE COUNTY - THE COUNTY ATTORNEY & GMD ADMINISTRATOR TO WORK TOGETHER AND BRING BACK A PROPOSED ORDINANCE TO THE BCC — APPROVED MR. OCHS: Madam Chair, that moves us to Item 10F on your agenda. It's a recommendation that the board direct the county attorney to prepare an ordinance for board approval providing for a county -- excuse me -- a county hearing officer, et cetera, and this item was brought by Commissioner Hiller. CHAIRWOMAN HILLER: And, again, the intent is not to get into any of the details. That will be worked out between staff and the county attorney to bring back to the board. I've heard on numerous occasions members of this board as well as staff talking about the desire to have a hearing officer, and Page 197 February 12, 2013 hopefully that would improve, you know, the efficiency and the effectiveness both of this board and the county manager's ability to process certain limited development-related decisions. Commissioner Henning. COMMISSIONER HENNING: Mr. Klatzkow? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Would it be appropriate now to potentially expand the scope of a hearing officer to include other duties, or should we discuss that at a later time based upon our discussion one-on one? MR. KLATZKOW: My preference would be to sit down with Leo and Nick and get their input as to bring it in and then get that to bring it back next time as a proposed ordinance. COMMISSIONER HENNING: Okay. Well, we'll continue our conversation. CHAIRWOMAN HILLER: That sounds great. And, again, any input that any member of this board would like to have with respect to the development of this ordinance, please communicate with the county manager and the county attorney so your input is considered, and hopefully we'll have a well-developed proposal when it comes back. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Okay. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Page 198 February 12, 2013 Item #10G RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS ("BOARD") DIRECT THE COUNTY ATTORNEY AND CLERK OF COURTS TO JOINTLY DEVELOP A COUNTY PURCHASING ORDINANCE, TO REVIEW THE PROPOSED PURCHASING ORDINANCE WITH COUNTY STAFF, AND TO BRING THE FINAL DRAFT OF THE PURCHASING ORDINANCE TO THE BOARD IN THE FIRST MEETING IN MARCH, 2013 FOR APPROVAL TO ADVERTISE, AND FOR FINAL BOARD ADOPTION AT THE SECOND MEETING IN MARCH, 2013. ENSURING THAT ALL COUNTY EXPENDITURES APPROVED BY THE BOARD "SHALL" RATHER THAN "MAY" SATISFY WHAT IS REQUIRED BY BOTH LEGAL AND GOVERNMENTAL ACCOUNTING STANDARDS IS AN OBLIGATION, NOT AN OPTION OF THE BOARD — APPROVED CHAIRWOMAN HILLER: The next item on the agenda -- and I want to correct something. When I actually drafted this executive summary -- and this is Item 10G, which is a recommendation for the County Attorney and the Clerk and the County Manager to bring back a purchasing ordinance to basically codify what we currently have as policy. I had described that the county attorney and the clerk would, you know, basically develop the framework with the county manager reviewing -- and the county manager and I reviewed it and, you know, he wants to actually work directly and in tandem with the clerk and the county attorney, which does make sense to me. The difference in the various inputs is that what the clerk provides is the parameters that will allow him to determine the legality of the expenditures so we eliminate these debates as to whether he will Page 199 February 12, 2013 or won't approve what we're recommending. And what the county attorney is including is also not discretionary. It's what's required as a matter of law. And where the discretion comes in is with the county manager, who basically will bring forward the recommendations within that ordinance for the procedural aspects, if you will, of what's being proposed and, you know, what the threshold would be. So, for example, when Leo and I discussed this, one of the issues that came up was, like, take for example purchases of supplies. We don't want to bog down the county manager and tie his hands that he has to come back to us every time he wants to make a purchase of supplies. So what a recommendation would be in the ordinance with respect to that is that we would approve, you know, going through the competitive process, you know, our supplies vendor, have a contract with that vendor, you know, let's say approve a hundred thousand in supplies, and then Leo goes out and purchases anything he wants as he sees the need under the parameter of that contract which has been properly solicited, and that eliminates the problems with, you know, coming back to the board and procedural inefficiencies. So the -- I discussed this with the county manager, I discussed this with the county attorney, I discussed this with the clerk, and everybody really wants to work together to get this done and get it done right. Commissioner Nance? COMMISSIONER NANCE: Yes. I certainly look forward to developments like this. I think we have -- we're making our best effort to have an improved relationship with the Clerk of Courts so that we can resolve problems, and I think that's a wonderful thing. That having been said, Mr. Ochs' responsibility is in operations. He is actually the guy that's got to get that done. CHAIRWOMAN HILLER: Right. Page 200 February 12, 2013 COMMISSIONER NANCE: I identify directly with him and the challenges he faces dealing with administrative rules and so on and so forth. So I want to make certain everybody understands that I stand behind Mr. Ochs 100 percent to make sure that he has the operational ability to do what he needs to do. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER NANCE: I certainly don't want to create something when we're trying to be business friendly and trying to reduce regulation and be efficient and turn around and do something here that everybody doesn't have their heart in and everybody doesn't agree with 100 percent. So I certainly support Mr. Ochs as being the -- if not the key player, he should be the key player in making sure that this is workable. CHAIRWOMAN HILLER: Yeah. And here's one of the things that we talked about. The framework, the -- you know, the legal framework is set within the ordinance, and one of the things that we discussed secondarily was developing some sort of administrative code which is fluid, which is not the ordinance, where the county manager will have the ability to define the processes and, you know, the procedures to make for the efficient administration -- COMMISSIONER COYLE: Motion to approve. CHAIRWOMAN HILLER: -- of these. Okay. We have a motion. We have a second -- do we have a second? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: Okay. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. Page 201 February 12, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. I'm sorry. Did you want to speak? COMMISSIONER FIALA: Yeah, but that's all right. Item #10H RECOMMENDATION THE COUNTY MANAGER'S ORDINANCE BE REPEALED IN WHOLE, THAT IT BE REPLACED WITH PROVISIONS SPECIFICALLY ENUMERATED IN FLORIDA STATUTE CHAPTER 125 AS THOSE PROVISIONS RELATE TO THE POSITION OF THE COUNTY ADMINISTRATOR, AND THAT THE LAW BE RENAMED THE "COUNTY ADMINISTRATOR" ORDINANCE CONSISTENT WITH STATUTE. FLORIDA LAW PROVIDES THAT A CONSTITUTIONAL COUNTY MAY ADMINISTRATIVELY ORGANIZE ITSELF THROUGH THE OFFICE OF A COUNTY ADMINISTRATOR THAT ANSWERS TO THE BOARD OF COUNTY COMMISSIONERS AND THAT WHERE SUCH AN ORGANIZATIONAL STRUCTURE IS DESIRED THE COUNTY SHALL ADOPT AN ORDINANCE THAT MIRRORS THE GUIDING FLORIDA STATUTE SO AS TO ENABLE THE OFFICE OF THE COUNTY ADMINISTRATOR. AS SUCH, THE CURRENT ORDINANCE SHOULD BE REPEALED AND REPLACED WITH THE APPLICABLE PROVISIONS OF F.S. CHPT. 125 TO PROVIDE UNAMBIGUOUS DEFINITION AS TO THE ROLE, POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR. TO FURTHER RECOMMEND THAT THE BOARD DIRECT THE COUNTY ATTORNEY TO PREPARE AND PRESENT A COUNTY ADMINISTRATOR'S ORDINANCE CONFORMING Page 202 February 12, 2013 WITH F.S. CHPT. 125 TO REPLACE THE CURRENT COUNTY MANAGER'S ORDINANCE AT THE FIRST MEETING IN MARCH, 2013 FOR BOARD APPROVAL TO ADVERTISE AND FOR FINAL BOARD ADOPTION AT THE SECOND MEETING IN MARCH, 2013 - DISCUSSED; MOTION TO BRING BACK TO THE APRIL 23, 2013 BCC MEETING — APPROVED MR. OCHS: Commissioners, Item 10H is a recommendation that the county manager's ordinance be repealed and that it be replaced with provisions enumerated in Florida Statute Chapter 125, et cetera. This is Commissioner Hiller's item. CHAIRWOMAN HILLER: The reason I brought this forward is I was looking into the respective roles of the board and the county manager. And going to Chapter 125, Chapter 125 clearly provides what the board's duties and obligations are, as well as rights. What Chapter 125 says with respect to the county administrator is a little different. It actually provides that we, as a county, have to adopt an ordinance which enables the creation of the position of county administrator. And the ordinance -- the statute does not provide for a county manager. It provides with specificity that the administrator -- or that the managerial role within a constitutional county shall be the county administrator. There has been some confusion in the county. We have division administrators, and then we have a county manager, and some people actually think that the county manager is beneath the administrators. And so -- MR. OCHS: So do the administrators most days. CHAIRWOMAN HILLER: Yeah. I want you to know that's true. And just so you know, everything that I'm discussing here I've discussed with the county -- with the county manager, and we're on the same page on all the issues that we discussed. Page 203 February 12, 2013 So I'm going to take them through one by one. And, Leo, correct me if anything I say is incomplete -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- or incorrect. So as a consequence, the recommendation is to follow statute, which requires that the ordinance that enables the creation of the position of county administrator be exactly what Chapter 125 provides as the role of the county administrator. And so that there's no ambiguity as to what the county administrator -- what his rights and obligations and duties are, what the county attorney recommended is strictly lifting the wording out of Chapter 125 and putting it in the ordinance. I went back to other counties to see what they did, and that's what they did. Either they incorporated 125 by, you know, that specific provision by reference, or they lifted that section and incorporated it in the ordinance. We have an ordinance that has all sorts of stuff in it that doesn't relate back to Chapter 125 that belongs in other places. Like, for example, one of the things that Leo rightfully deserves is protection, that if the board would want to terminate him, you know, there should be a cooling-off period, like where the board can't act for 14 days. That properly should be included in the contract, in his contract, and so his contract would be amended for that. It talks about security and, you know, who can and can't go through the machines. What Leo and I discussed to that end is we actually need a separate security ordinance to address how security will be handled, how security plans will be handled. And so that provision does need to be incorporated but in a different, separate security ordinance. Oh, one of the issues was consideration about the board's interference with staff. By law, the board cannot direct staff. By virtue of Chapter 125, we cannot direct staff to do anything, because Page 204 February 12, 2013 the way we act as a board is through majority vote directing the county manager to execute whatever the board's, you know, policy or action decision may be. So noninterference is guaranteed by law. The board sets policy, and staff executes, and no individual commissioner can take action with any member of staff to do otherwise. So it basically addresses -- it clarifies the role of the county administrator. It would -- I would see Leo being titled, you know, the chief county administrator. The approval of the division heads remains as is. For what we understand, there wouldn't ever be any expansion of that. Although the county attorney wanted to be sure that that statute doesn't require us to approve department heads beyond division administrators, we're not sure that it does. We -- I certainly don't want to approve 25 division heads or department heads. And so that's essentially what's being proposed. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to hear your comments on it. And then I had -- I did have a couple things to ask, and that is, you know, all I hear right now, it's more or less everything we do right now. I don't know that we're fixing anything, because I didn't hear anything that was wrong other than we're changing your title, which means then that we have to print up a bunch of new cards and signs and so forth. But, you know, if it -- if it ain't broken, don't fix it, is my concern. Do you have any problem with that, Leo? MR. OCHS: Well, Commissioner, I would say on that particular question -- and Commissioner Hiller and I talked about this late yesterday afternoon. The trick in the state statute, if we're going to rely strictly on that -- and just let me make a comment about that. I think -- I went through, after I got the item, and I went through the state statute and our local ordinance to compare them and identify what was identical and what was different. And so there were a few differences, and Commissioner Hiller Page 205 February 12, 2013 just pointed those out. But I will say, in term of the enumeration of the powers and duties, the state statute and your local ordinance match up almost identically. And the other local ordinances that were part of your backup do have additions to just the provisions in the state statute, which I'm not surprised, usually reflecting, you know, local practices or customs in an individual county. Some put specific credentials in terms of background and education as required for county administrators. So my point is, you do have, I believe, some ability to be additive or more restrictive than the state statute. Obviously, you just can't be less restrictive. Because Commissioner Hiller is correct, that 125 does require the board to enact a local ordinance for the county administrator. I don't have a problem, personally, whether you call me the county administrator or the county manager. We do have, believe it or not, more money invested than you would think in signage and stationary and business cards and other things, you know, all of our official documents that still use "county manager," so some of those would have to be amended and changed over time. But the big issue for me was the one that Commissioner Hiller pointed to about the board's approval of appointments made by the county administrator for his chief management team. For whatever reason, for many, many years here we've had a titling convention that's a bit different than many counties where they have the county administrator, then they have a set of department heads, three or four or five assistant county managers and department heads, and then they have administrators and managers under that. We're flip-flopped. So I think the intent of the state statute, as I've always understood it, was those top appointments of the manager need the endorsement and approval of the board. Unfortunately, the statute says, approve department directors or department heads. And we have probably 25 of those. Page 206 February 12, 2013 So I'd either have to change all the titling conventions or we would make an exception in our local ordinance to allow us to continue to approve division administrators instead of department heads. CHAIRWOMAN HILLER: And if I can address that. As soon as Leo brought that to my attention, I immediately called Jeff to make sure that that wouldn't be a problem. So, Jeff, can you address that? MR. KLATZKOW: Yeah. Look, the county manager ordinance is 20 years. I mean, I haven't given a lot of attention to it over the years. I don't think any of my predecessors have. It's a good time to look back at it, compare it to the statute, see what the state requirements are, come back with a -- and I'll work with Leo before you see it so he'll be comfortable with it. Come back with a proposed ordinance before we readvertise it. MR. OCHS: And finally, Commissioner -- and I appreciate the chairwoman bringing this up. The other issue that, you know, may cause some concern for the board, of course, is that long-standing provision that's been in the ordinance since at least 1984 about the board's prohibition against interference with hiring decisions and also with the performance of duties and the conduct of their daily business. If that comes out of the local ordinance, so be it. But I always thought it was a good reminder for both the staff and the community and the commission about delineating the policy maker role of the board in differentiating that from the implementation role, if you will, or implementing role of the county manager or the county administrator and his or her staff. So -- but I think there might be a way to still address that, Commissioners, because in the state statute, there's an opening section that has purpose. CHAIRWOMAN HILLER: Right. MR. OCHS: We don't have that in our local ordinance, but we Page 207 February 12, 2013 might be able to, with Jeff s help, craft something of a purpose that captures the intent of that and still have that preserved in the revised ordinance. CHAIRWOMAN HILLER: I think that's a great suggestion. Commissioner Henning? COMMISSIONER HENNING: Well, if you go to MUNI code online -- MR. OCHS: Right. COMMISSIONER HENNING: -- under this section, it does say county administrator under the heading. So, I mean -- MR. OCHS: Yes. COMMISSIONER HENNING: -- if you go back one more. MR. OCHS: Right. COMMISSIONER HENNING: But I also want to recognize, and I want to read what's in the statute under -- it would be 125.75(k). This is the county administrator. Select, employ, supervise all personnel and fill all vacancy (sic) positions, or employ (sic) under the jurisdiction of the board; however, the employment of the department heads -- you know, you get into that, but then you go down to L, it said -- it states, suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to the procedures adopted by the board. Okay. It doesn't -- and those procedures are -- you manage that all the time. MR. OCHS: Yes, sir, the personnel. COMMISSIONER HENNING: Personnel procedures. And if you go up to 125.01, that doesn't give us -- it doesn't give us the opportunity to confirm the suspension discharge or removal of employees under the jurisdiction of the board. So I don't know where the concern is of anybody on hiring and firing. It's already in the statute outlined for the county administrator. CHAIRWOMAN HILLER: Right. COMMISSIONER HENNING: Okay. Page 208 February 12, 2013 CHAIRWOMAN HILLER: And I really -- but I -- COMMISSIONER HENNING: I think you ought to take directors down to managers. CHAIRWOMAN HILLER: What the -- that was a low blow. I think Leo's suggestion is really good to put it in the preamble, and I think what Commissioner Henning said, that it is enumerated with specificity in the statute, which would be incorporated into the ordinance. Makes it clear that the board will not be involved with any termination decisions and would be limited to approving the division administrators, and that's it. And that's what the law provides. So it's very clear. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I disagree. I don't think it's that clear. And I'll remind you once again that your recommendation is that the county manager's ordinance be repealed in whole and that it be replaced with Florida Statute Chapter 125. CHAIRWOMAN HILLER: Correct. COMMISSIONER COYLE: I do not think that's what we should be doing, and I think we recognize that now. It is common for the state to describe the minimum requirements, and it is common for counties to make their requirements more stringent. I think it is very dangerous to eliminate the prohibitions against a county commissioner's interference in the performance of duties of any subordinate of the county administrator either publicly or privately. I think we must retain that; otherwise, we will be creating a patronage system here where various commissioners are going to be trying to get employees to do things for their constituents without going through the county manager. The county manager's ordinance as it currently stands is, in my opinion, is sufficient and well written and very explicit. If you remove these provisions, you're going to have problems of interpretation and a lot of confusion among the employees and Page 209 February 12, 2013 commissioners. So I think it's a dangerous precedent to create, and I would recommend that we resolve what minor problems exist in titles by merely saying that the county -- definition of the county administrator is being the chief administrative officer selected by the Board of County Commissioners to administer the staff and the functions of county government as prescribed by the commission, whatever his title might be. But to revise this -- this county manager's ordinance in substantial ways, I think, is not justified and opens the door for county commissioner interference with the employees of the county manager. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: I truly agree. What I was going to say along that same line, but you said it so much better, I don't think it's our obligation, I don't even think it should be our duty, to micromanage any of the departments or the employees. We manage the county manager, and he then should be managing the employees. We have so many other things do, but mainly with policies and procedures and so forth. We don't need to be micromanaging, is my first thing. And I don't know what prompted this in the first place, because it seems to be working pretty well. So, again, you know, why would you want to fix it if it ain't broken? CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I'm going to suggest we go back in there and have the county attorney and the county manager go through and make some thoughtful changes that they think are going to help out and bring it back to the board. And I -- you know, unless there's some serious reason for changing everybody's titles, I don't know that that's necessarily in our interest. I think it's going to cost us a fortune and be very, very confusing. COMMISSIONER FIALA: I agree. Page 210 February 12, 2013 COMMISSIONER NANCE: So I wouldn't think we'd want to do any of that. But would it be possible that commissioners would support having these gentlemen go through and take a look at it and update it. If it hasn't been looked at in 20 years, perhaps that's appropriate, and make some thoughtful changes that might solve some concerns that individual commissioners have. And if they have thoughts, they can sit down with you two guys and work through those. I would make that motion if it would get a second. COMMISSIONER COYLE: I'll second. COMMISSIONER FIALA: I'd second. Oh. MR. KLATZKOW: You know, I'd just ask that the timeline be extended. CHAIRWOMAN HILLER: I have no problem. When would you like it extended to? MR. KLATZKOW: I don't. I'd like -- a lot of items we're going to be coming back to you with. COMMISSIONER FIALA: There's no urgency. COMMISSIONER NANCE: It seems like we've got an awful lot of things that we're pushing forward, and we've got an awful lot of time constraints, and I'd rather -- you know, if we're going to do something every 20 years, I'd rather see it done well than done quick. CHAIRWOMAN HILLER: April? MR. KLATZKOW: Yeah, that's fine. MR. OCHS: It's fine with me. CHAIRWOMAN HILLER: So the second meeting in April. MR. OCHS: That's fine with me. CHAIRWOMAN HILLER: So I have a motion. I have a -- Commissioner Henning, you wanted to speak to Commissioner Nance's motion? COMMISSIONER HENNING: Yeah. No, no. I want to speak to Commissioner Coyle's comment, because I don't see that in any of the written material, Commissioner Coyle. So tell me what section Page 211 February 12, 2013 that I could find this would lead to the Board of Commissioners' interference with the day-to-day business. COMMISSIONER COYLE: Page 3 of 4 of the county administration, I think it's Part 3 and Subparagraph C. COMMISSIONER HENNING: What number is that? COMMISSIONER COYLE: C. COMMISSIONER HENNING: C? COMMISSIONER COYLE: Let me just read it to you. No county commissioner shall direct or request the appointment of any person to or his removal from the office by the county administrator or by any subordinates or in any manner take part in the appointment or removal of officers and employees of the administrative services of the county except as provided by this article. Neither the board nor any member thereof shall interfere in the performance or the duties of any subordinate of the county administrator either publicly or privately except for the purposes of inquiry and information. A violation of the provisions of this section shall constitute malfeasance within the meaning of Florida Constitution Article IV -- CHAIRWOMAN HILLER: He's reading the -- COMMISSIONER COYLE: -- Paragraph 7(a). A violation of this section shall also be a violation of this provision and shall be punishable by fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 dollars (sic) or by both fine and imprisonment or as otherwise may be provided by law. So -- COMMISSIONER HENNING: Okay. What part of the Florida Statutes or what's being proposed where you're coming to the conclusion it will lead to commissioners interfering with the day-to-day business? COMMISSIONER COYLE: Well, I haven't come to that conclusion. What I said was that Commissioner Hiller's recommendation was that, and I quote, "The county manager's Page 212 February 12, 2013 ordinance be repealed in whole." CHAIRWOMAN HILLER: Right. COMMISSIONER COYLE: Okay. Now, if you repeal it in whole, you take out those kinds of protections. COMMISSIONER NANCE: That's not my motion. COMMISSIONER COYLE: I know it's not, and that's what I'm trying to clarify with Commissioner Henning. CHAIRWOMAN HILLER: Let me just add, if I may, Commissioner Coyle, you of all people should know about this because you were sued over interfering with county staff, and there was a settlement that ensued because of -- that the county had to pay out because there was an allegation made by staff that you wrongly interfered. COMMISSIONER COYLE: So. CHAIRWOMAN HILLER: Based on that -- COMMISSIONER COYLE: So? So what? CHAIRWOMAN HILLER: I'm just bringing that out. COMMISSIONER COYLE: Do you think that should be permitted? CHAIRWOMAN HILLER: No, it isn't permitted, but it isn't malfeasance. And, secondly, what the statute provides is a clear delineation between what the board can do and what the county administrator does. And the intent is to make clear what the role of the county administrator is by enumerating the functions of the county administrator, the duties of the county administrator, the obligations of the county administrator so there isn't the ambiguity which exists. You know, right now we have a county manager's ordinance which really divides the county manager and the board. And what I want to see is the county manager and the board unified as a cohesively working body that we're basically, you know, like two peas in a pod working together to get things done, not to have this Page 213 February 12, 2013 antagonistic divisive relationship. That's the whole idea. It's very much to support the role of the county manager as the chief administrator and us as the chief policy makers and that we work in harmony with, you know, a respect and understanding of our respect of our positions. COMMISSIONER HENNING: But I wasn't done. COMMISSIONER COYLE: Well, none of that makes any sense, but nevertheless. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. I wasn't speaking to, Commissioner Nance, your motion, and I stated that, okay. What I was speaking to is Commissioner Coyle's comment, this will lead to "interference" with the employees, okay. On Page -- back at Page 118, it's clear, and it's the Florida Statutes, the county manager -- county administrator's duties is to select employ -- employ, supervise all personnel and fill vacancies, position, or employment under the jurisdiction of the board. CHAIRWOMAN HILLER: Right. COMMISSIONER HENNING: So it doesn't say "and he also has the obligation to suspend, discharge, or remove employees." Now, nowhere in the statute does it say the Board of Commissioners can do that, because we have contract employees. So, you know, the spin that it would lead to the county commissioner, individual county commissioners from interfering, is just not true, because that isn't what's being proposed. COMMISSIONER COYLE: Well, wait a minute, wait a minute. You're getting everything all mixed up here. The point is that the county ordinance, county administrator's ordinance or county manager's ordinance, states that there is a prohibition against commissioners interfering with employees. Is that not correct, Leo? MR. OCHS: Yes, sir, that article you just read is part of the Page 214 February 12, 2013 current -- COMMISSIONER COYLE: Current Collier -- MR. OCHS: -- county administrator's ordinance, yes, sir -- COMMISSIONER COYLE: -- county manager's ordinance, and it was specifically put in there to prohibit commissioners from interfering in the performance of duties of county staff. So if you -- if you do proceed with an elimination of the county manager's ordinance, you remove this sort of thing. Now, as Commissioner Nance has stated, that is not his intent. CHAIRWOMAN HILLER: But that is -- that is -- let me explain where I think you're missing the boat, Commissioner Coyle, and that is Florida Statute clearly defines what the role of the Board of County Commissioners is, okay. Florida Statute also clearly defines what the role of the county administrator is. We cannot do what the county administrator must do; we just can't. So what you're describing is already incorporated by law in statutes that we must adopt because Florida Statute says that is what we must adopt. COMMISSIONER COYLE: Show me that wording. CHAIRWOMAN HILLER: You know what I'm going to let you do -- COMMISSIONER HENNING: Can I show it to you? CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER COYLE: Show me the word, or read it to me, either way. COMMISSIONER HENNING: It's fine. COMMISSIONER COYLE: From the Florida Statute. COMMISSIONER HENNING: From the Florida Statutes, the county administrator, K -- COMMISSIONER COYLE: Oh, I've got that. I've got it right in front of me. COMMISSIONER HENNING: Okay. So what do you want? Page 215 February 12, 2013 COMMISSIONER COYLE: But remember, K says, select employee and supervise all personnel and fill vacancies, positions, or employment under the jurisdiction of the board. Nowhere does it say board members are not to interfere in that process or to direct employees to do something. CHAIRWOMAN HILLER: But here's -- COMMISSIONER COYLE: And so what you and Commissioner Hiller are assuming -- COMMISSIONER HENNING: Why don't you ask an attorney, a government attorney, who works with the statutes all the time? COMMISSIONER COYLE: What do you want me to ask him? COMMISSIONER HENNING: Well, you want to ask him, does this mean the board can interfere by, you know, telling others -- COMMISSIONER COYLE: Okay. Let me ask this question: Jeff, if you take out the wording which prohibits commissioners from interfering in the performance of duties of any subordinate of the county administrator, will that likely result in more confusion and conflict than if you retained it in the county manager's ordinance? COMMISSIONER HENNING: That isn't what your statement was in the beginning. COMMISSIONER COYLE: It is. COMMISSIONER HENNING: I mean, you're asking a different question than your statement. Your statement said this will lead to commissioners interfering with -- COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: -- the employees' day-to-day business. COMMISSIONER COYLE: Let me do this slowly for Commissioner Henning. COMMISSIONER HENNING: No, I understood what you said to begin with. COMMISSIONER COYLE: No, you didn't. Page 216 February 12, 2013 COMMISSIONER HENNING: And I'm just saying you're -- COMMISSIONER COYLE: You really didn't. COMMISSIONER HENNING: I mean -- yeah, I did. And, you know, if you're going to -- COMMISSIONER COYLE: You and Commissioner Hiller are saying that the state statute covers that. It doesn't. CHAIRWOMAN HILLER: It does. COMMISSIONER COYLE: Okay. And so I'm saying that if you remove this language from the county manager's ordinance, there will be no specific language at all which governs this issue. So -- CHAIRWOMAN HILLER: That's not true. County Attorney, could you please -- could -- County Attorney, could you provide clarity in this discussion? MR. KLATZKOW: Leo, could you put that on the overhead, please. You have -- you have, in essence, created ordinance -- a county ordinance regulating yourselves, all right; not a state law, but a local county law. What I would like to do is to come back to the board -- because I don't know the genesis of this ordinance -- this particular provision, why it's here. I will tell you I don't like it; I have never liked it. I think it's a bit ambiguous. And, quite frankly, I think it puts you at the peril of employees who are disgruntled, but that's a personal opinion. I would like to sit down with Leo, go through this, compare it to state law, okay, see what you lose, what you gain if we modify this and get rid of this and just give you all the backup for it, why we have it, what state law provisions are there, because state law provisions are different from your county code, all right. I mean, Diane Flagg goes out, and she works off of county code. She doesn't work off of state statutes. And come back, and you'll have the backup for this, and we can have a decision whether or not you want to maintain this in your Page 217 February 12, 2013 ordinances or not. COMMISSIONER HENNING: May I continue? CHAIRWOMAN HILLER: Yes, please. COMMISSIONER HENNING: That's clearly what it says there. And I remember when it was put in there. It was back in the early '90s -- no, it was the mid '90s. It was to say to the Board of Commissioners, if you interfere with the day-to-day business, you have a consequence here, and the consequence is, you know, a misdemeanor not to exceed $500, maybe imprisonment. CHAIRWOMAN HILLER: Actually, no. Malfeasance, by definition, would be removal from office. COMMISSIONER HENNING: Yeah. But, anyways, that's what it was there, and I think history will show why it was there. It still -- it's just recognizing that we don't -- the County Commissioners cannot -- as it says in the statutes, you know, the county manager is the one who manages the personnel, period, and that's what it's all about. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Okay. I first wanted to just say, from my point of view, I never found any divisiveness. I don't know, really, what you were referring to. I mean, I've seen the county manager work with all of us individually. CHAIRWOMAN HILLER: But the example is the lawsuit against Coyle -- COMMISSIONER COYLE: Well -- CHAIRWOMAN HILLER: -- claiming interference. COMMISSIONER COYLE: -- that wasn't a divisive issue. Let me tell you -- COMMISSIONER FIALA: No, you said -- CHAIRWOMAN HILLER: But that's what divides the -- it's Commissioner Fiala's time. COMMISSIONER COYLE: Let me tell you what happened. Page 218 February 12, 2013 You had a manager there who did not want to admit that he wanted to fire somebody, so he told that person, incorrectly, that I wanted him gone. I never said that. And it was proven that I never said that. That was a case where you had a manager who didn't have the courage to fire somebody himself. He wanted to make it appear that somebody above him had encouraged him to take that action. But that has nothing to do with whether or not you should retain this. You should retain this. You should keep us from doing things like that. We should not interfere with employees, and that's why I'm saying you should retain this language, because it's very clear. It tells us what's expected of us in that respect. COMMISSIONER FIALA: And my second thing is why are we addressing something like this? Is there something that -- CHAIRWOMAN HILLER: It needs to be updated. No, this ordinance hasn't been looked at in 20 years. This ordinance needs to be revisited in whole. COMMISSIONER FIALA: Yes, but is there something that prompts that? I mean, as long as everything is moving along smoothly and we're not having a problem with it, I don't understand why we're just coming up with this. CHAIRWOMAN HILLER: Well, I think there are issues with it, and I think there are items that are incorporated in this ordinance that should not be in the ordinance that, like I said, should be in a separate ordinance or should be in a contract. And there are provisions that -- it doesn't include the entirety of 125 either by reference or by enumeration, and that should be part of it. I mean, there are just a whole bunch of cleanup issues that are required to bring this current and reflect where we are today, and that's what you do with laws. I mean, you want to have them reflect that it COMMISSIONER FIALA: Well, I understand that you do that Page 219 February—l2, 2013 with laws. I just -- usually there's something that prompts it, and I haven't seen anything that prompts it. CHAIRWOMAN HILLER: A review of the law would suggest, as the county attorney has said several times, this needs to be updated, and the time has come and so while -- COMMISSIONER FIALA: Was this you that wanted to bring this about, Jeff? MR. KLATZKOW: No. CHAIRWOMAN HILLER: No, no, I take full responsibility. COMMISSIONER HENNING: May I say something? CHAIRWOMAN HILLER: Yes, sir. COMMISSIONER HENNING: About the -- what's on the overhead right now, there's a time when a former employee sued the county for sexual harassment, sued the county for -- other employees for sexual harassment, sued me for this part of the ordinance, okay, and it was because I wrote a memo to the county manager at that time that I didn't like the performance when that employee was before the board. Furthermore, I -- because of the public saying this particular employee accosted them in the parking lot, I wrote another memo to the county manager letting him be aware of that. And because of that, the county was defending me. Jeff, is that right? MR. KLATZKOW: Both you and Commissioner Coyle in these, yes. COMMISSIONER HENNING: Yeah. So employees are using that. And what it tells me on those two examples that I wrote a memo is don't do your job -- the one example -- when a constituent comes to you and says that, you know, an employee accosted me in the parking lot, don't do your job. You just do what government says. So that's one example why that should be revised. CHAIRWOMAN HILLER: I see that. Commissioner Nance? Page 220 February 12, 2013 COMMISSIONER NANCE: Yeah. My motion is to let these gentlemen go through this -- CHAIRWOMAN HILLER: And figure out what to do. COMMISSIONER NANCE: -- figure out what to do and bring it back. CHAIRWOMAN HILLER: Correct. COMMISSIONER NANCE: And then we can all fight over some provision that they jointly -- you know, hopefully, they're going to jointly agree on some thoughtful reforms, and then we can opine over whether we think it's appropriate or not is -- CHAIRWOMAN HILLER: I agree with you, Commissioner Nance. I'm going to second your motion. COMMISSIONER FIALA: No, I already seconded it. CHAIRWOMAN HILLER: Oh, you already did. We're in competition. You get it. It's yours. Forgive me. COMMISSIONER NANCE: I'm not suggesting that we repeal anything. I'm suggesting we go ahead and we try to retain all our business cards that we possibly can so that we don't cut down another thousand trees, but to go in and just update this with some thoughtful reform. So that's -- if I still have a second, then I'm good. COMMISSIONER FIALA: You do. COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Go ahead, Commissioner Coyle. COMMISSIONER COYLE: You've got three. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: All in favor, please signify by saying aye. Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. Page 221 February 12, 2013 CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: The motion carries unanimously. COMMISSIONER FIALA: I think we need to give Terri just a quick break, even though we're at the tail end of this. CHAIRWOMAN HILLER: We have one last item. Item #10I RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS ("BOARD") DIRECT THE COUNTY ATTORNEY ("CA") TO DRAFT A COUNTY ATTORNEY ORDINANCE TO BE BROUGHT BACK TO THE BOARD AT THE SECOND MEETING IN FEBRUARY, 2013 FOR APPROVAL TO ADVERTISE PUBLICLY, AND THEN TO FURTHER BE BROUGHT FORWARD FOR ADOPTION BY THE BOARD AT THE FIRST MEETING IN MARCH, 2013. THE ORDINANCE SHALL PROVIDE IN PART THAT: 1. ALL LEGAL INFORMATION RELATING TO THE COUNTY SHALL BE IMMEDIATELY FORWARDED TO THE CA UPON RECEIPT OF SUCH INFORMATION BY ANY MEMBER OF THE BOARD AND/OR COUNTY STAFF, INCLUDING BUT NOT LIMITED TO MATTERS RELATED TO THREATENED, PENDING OR ACTUAL LITIGATION, CIVIL, CRIMINAL OR ADMINISTRATIVE IN NATURE. 2. THE CA SHALL EXCLUSIVELY REPRESENT THE COUNTY IN ALL LEGAL MATTERS, AND WITH BOARD APPROVAL SHALL RETAIN OUTSIDE COUNSEL TO ASSIST IN SUCH REPRESENTATION. 3. ALL DRAFT CONTRACTS, RESOLUTIONS AND ORDINANCES SHALL BE REVIEWED AND APPROVED BY THE CA PRIOR TO PRESENTATION TO THE BOARD, AND ALL SUCH REVIEWED DOCUMENTS SHALL BE PLACED BY Page 222 February 12, 2013 STAFF AFTER APPROVAL BY THE CA ON THE BOARD'S PUBLIC AGENDA FOR BOARD APPROVAL PRIOR TO ANY BOARD VOTE. 4. THE CA'S STANDARD FOR REVIEW AND APPROVAL OF ANY AND ALL MATTERS PRESENTED TO THE BOARD SHALL BE THAT IT IS "APPROVED AS TO FORM AND LEGALITY" RATHER THAN MERELY "APPROVED AS TO FORM AND LEGAL SUFFICIENCY" AND SUCH APPROVAL SHALL CITE WITH SPECIFICITY ANY ORDINANCE, STATUTE OR CONSTITUTIONAL PROVISION ON WHICH THE PROPOSED ACTION IS BASED. 5. THE CA SHALL BE RESPONSIBLE FOR ENSURING THE PROPER EXECUTION OF ALL BOARD APPROVED CONTRACTS, RESOLUTIONS AND ORDINANCES, AND SHALL ENSURE PRESERVATION OF THE CHAIN OF CUSTODY OF SUCH DOCUMENTS FROM BOARD APPROVAL, TO EXECUTION THROUGH RECORDING IN THE OFFICIAL RECORDS OF THE CLERK OF COURTS. 6. THE CA SHALL BE THE COUNTY'S REGISTERED AGENT IN ALL INSTANCES INCLUDED BUT NOT LIMITED TO CRA, MSTU, AND DISTRICT REPRESENTATION. ONCE THE ORDINANCE IS ADOPTED, THE CA WILL IMMEDIATELY DEVELOP PRACTICES AND PROCEDURES TO IMPLEMENT THE DIRECTION SET BY THE ORDINANCE WHICH SHALL BE RESPECTED BY THE BOARD AND COUNTY STAFF GOING FORWARD - STAFF TO BRING BACK A PROPOSED ORDINANCE TO THE BCC — APPROVED COMMISSIONER COYLE: Okay. Motion to approve the last item. CHAIRWOMAN HILLER: Okay. That's 10I. COMMISSIONER COYLE: Yes. CHAIRWOMAN HILLER: Motion to approve. COMMISSIONER COYLE: Yeah. Page 223 February 12, 2013 CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER FIALA: What is it? CHAIRWOMAN HILLER: It's the county attorney's ordinance. COMMISSIONER COYLE: It's the county attorney's ordinance. CHAIRWOMAN HILLER: Motion to -- I have a second? COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: Okay. It was seconded by Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: Okay. Motion made by Commissioner Coyle, seconded by Commissioner Fiala. Any discussion? COMMISSIONER NANCE: I just think -- you know, I also commend you for bringing this forward. You have six enumerated things. I could think of a couple more that should be added. But, I mean, if we want to let them attach this -- CHAIRWOMAN HILLER: Can you please share that? COMMISSIONER NANCE: Well, the -- CHAIRWOMAN HILLER: Not now, just go ahead and share it. COMMISSIONER HENNING: Sure. If we're going to approach it the same way -- CHAIRWOMAN HILLER: Yep. COMMISSIONER NANCE: -- I'm good. COMMISSIONER COYLE: Yep. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Page 224 February 12, 2013 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to Item 15 on your agenda, staff and general -- and commission general communications. Madam Chair, I just have one item that I referenced earlier in the day, and that was that the board had asked me to come back and look at calendars and suggest a day of the month for our afternoon workshops that we talked about the other day. I'm recommending that we hold these on the first Tuesday of the month. I think that has fewer conflicts with holidays and other things. And just to refresh the memories of the board, you had suggested a workshop between one and five p.m. It would be on the afternoon of the first Tuesday of each month. And, again, if we could begin that in the month of March, that would be the -- March 5th would be your workshop date beginning in the afternoon. If I can get some concurrence from the board on that, I could move out and begin to prepare an agenda. COMMISSIONER HENNING: Sure. COMMISSIONER NANCE: So what I'm understanding is we are now going to reserve the first Tuesday of the month of each month from 1 to 5 p.m. for workshops as needed? MR. OCHS: That's my understanding of the will of the board, yes, sir. CHAIRWOMAN HILLER: In the afternoons? MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: I think that's great. MR. OCHS: And based on our discussion earlier today, we have candidates like the Animal Control Ordinance, and also we had previously had staff reports without board action required for your Page 225 February 12, 2013 traffic signal timing and also your electronic permitting system. If time permits on the 5th after we get through the Animal Control Ordinance, we'll be prepared to make a quick informational presentation on these items, too. CHAIRWOMAN HILLER: Great. MR. OCHS: Fair enough? CHAIRWOMAN HILLER: Yes. MR. OCHS: Okay. That's all I have, Madam Chair. CHAIRWOMAN HILLER: Thank you. MR. KLATZKOW: I do have one thing. And I forwarded you -- we had a mediated settlement in Hussey (sic) a couple of days ago, and I forwarded you -- CHAIRWOMAN HILLER: Blocker. MR. KLATZKOW: Blocker. CHAIRWOMAN HILLER: Wrong case. MR. KLATZKOW: I still have Hussey on the brain -- in the Blocker matter, and I forwarded you the outcome of that. And at this point in time I'd like to declare a -- for notice purposes, a closed attorney-client session pursuant to Section 286.011(8) that I desire advice from you in closed attorney-client session next meeting, Tuesday, February 26, 2013. The session will be held at a time-certain in this building at 12 p.m. In addition to myself, County Manager Leo Ochs will be there. We'll be talking strategy sessions with respect to the Blocker cases in connection with that mediated settlement agreement. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I don't have anything. I'm finished. CHAIRWOMAN HILLER: I thought you were going to wish us all a Happy Valentine's Day, and me especially. COMMISSIONER COYLE: No, I wouldn't do that. I definitely would not do that. Page 226 February 12, 2013 COMMISSIONER NANCE: Get it done. CHAIRWOMAN HILLER: I swear. COMMISSIONER NANCE: We had so many 5-0 votes today, too. I thought we could maybe get that one, too. CHAIRWOMAN HILLER: I know. I was feeling so much love. I thought we were going to have a group hug at the end of this meeting. COMMISSIONER COYLE: Do we have a photographer? CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRWOMAN HILLER: Nothing? All right. COMMISSIONER FIALA: Happy Valentine's Day. CHAIRWOMAN HILLER: Really. Commissioner Henning? COMMISSIONER HENNING: Yeah. I have this -- I think it's a petition from the -- no, I don't. Anyways, did anybody get -- yeah, I do have -- I do have the petition for the spearfishing. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Where does that go? CHAIRWOMAN HILLER: Court reporter. COMMISSIONER HENNING: Okay. The other thing, Rick Medwedeff reported that it was a unanimous decision to recommend the county manager's recommendation on the reallocation of the tourist tax. I don't recall it that way. I thought -- what I recall, it was a -- Leo, you were there. MR. OCHS: Yes, sir. COMMISSIONER HENNING: Wasn't it one dissention? MR. OCHS: You know, I think the chair dissented, but I believe at the end there was a unanimous vote, but I'll double check that. I was a little puzzled by that, but -- COMMISSIONER HENNING: Yeah. And I know that he stated that he's a member of the CAC (sic), and they were going to Page 227 February 12, 2013 support raising the tax. Now, the city council, I believe, meets on Wednesdays, Naples City Council. It was reported in the Naples Daily News the day prior that the CAC (sic), Collier Citizens Group, wanted a tourist tax increase. So unless the city council met earlier than that Wednesday on the 6th, then I'm not sure what's going on. And it's my understanding -- maybe we could get some information from the CAC (sic) how they were appointed or elected. If it was a self-appointed group, are they not-for-profit? COMMISSIONER COYLE: It wasn't CAC. It was Collier Community Alliance. COMMISSIONER HENNING: Yeah, CCA, I'm sorry; CCA. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: But anyways, I just find it really odd that, you know, we got the city council all up in a tither, and you know how some of those councilmen can be with some of their statements about the County Commission. I'm not sure it was really necessary. CHAIRWOMAN HILLER: Well, I actually heard some very positive statements from Councilman Price. COMMISSIONER HENNING: Oh, he's great. CHAIRWOMAN HILLER: And he called and he made it very clear that he did not support the increase in the tax. He wished he could have been here today, but he had a prior commitment, and he was -- he was very positive about the commission. So, you know, we have -- thank him and appreciate his support. COMMISSIONER COYLE: Just so it's non-informative. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I think I've talked enough. I don't want to say another word. CHAIRWOMAN HILLER: You did a great job. You brought Page 228 February 12, 2013 up some really good points. I really appreciated the point that you made about considering who would be responsible for the maintenance and repairs. COMMISSIONER NANCE: I think -- CHAIRWOMAN HILLER: The groins and -- COMMISSIONER NANCE: Whether you know it or not, that's going to come back one day. We're going to be talking about that. CHAIRWOMAN HILLER: That was a very, very -- a good observation. Thank you for bringing that out. I have only one thing to say. Happy Valentine's Day. I hope -- COMMISSIONER COYLE: We're adjourned. CHAIRWOMAN HILLER: -- all your dreams come true. I hope everybody sends everybody red roses, lots of chocolates, lot of Champagne, lots of love. COMMISSIONER NANCE: I just have one question. CHAIRWOMAN HILLER: I mean, I'm the only one here who thinks Valentine's Day is good. I don't know what's wrong with that picture. COMMISSIONER NANCE: I do have one question. CHAIRWOMAN HILLER: I mean, we should all be just loving each other. COMMISSIONER FIALA: I'm dressed in red just like you, and I have hearts on. COMMISSIONER NANCE: I do have one question before we -- this is deteriorating rapidly. We saw this beautiful work of art that's been donated to the county. Now, where's that going to go? That's what I want to know. Where's that heading? COMMISSIONER COYLE: I think we know where it's headed. CHAIRWOMAN HILLER: Here's what we're going to do with that. Since we're going through -- COMMISSIONER NANCE: Do we get to each keep it for a period of time, like a revolving trophy, or what happens? Page 229 February 12, 2013 COMMISSIONER FIALA: I've got too much art in my room already. I don't need any more. Thank you. CHAIRWOMAN HILLER: When we redecorate the offices, as we are, then we can -- with the assistance of the county manager, who I'm sure has an exquisite eye for the perfect placement of art, where we will identify -- MR. OCHS: Especially belly dancing. COMMISSIONER COYLE: I do, too. CHAIRWOMAN HILLER: We will identify a really -- very nice spot for it, and we appreciate the donation and the thought. COMMISSIONER COYLE: When and what is this Valentine's Day thing? COMMISSIONER FIALA: Are you going? COMMISSIONER COYLE: Yeah. CHAIRWOMAN HILLER: Okay. You bring the Champagne. COMMISSIONER COYLE: Are we all invited? CHAIRWOMAN HILLER: You bring the Champagne, I'll have the chocolate, and through a one-way communication, I'll tell you the place. COMMISSIONER COYLE: Okay. All right. Okay. COMMISSIONER HENNING: Move to adjourn. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. Meeting adjourned. (Proceedings concluded at 5:10 p.m.) **** Commissioner Henning moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 A DECISION TO NOT PAINT NEW & FUTURE GALVANIZED Page 230 February 12, 2013 STEEL MAST ARM AND STEEL STRAIN POLE TRAFFIC SIGNAL ASSEMBLIES EAST OF CR951 (COLLIER BLVD) AND CONTINUE THE MAINTENANCE PAINTING OF EXISTING PAINTED STEEL MAST ARM AND STEEL STRAIN POLE TRAFFIC SIGNAL ASSEMBLIES IN COLLIER COUNTY — TO REDUCE CURRENT INSTALLATION AND FUTURE MAINTENANCE COSTS Item # 16A2 RELEASE OF TWO LIENS WITH A COMBINED VALUE OF $183,407.20 FOR A PAYMENT OF $6,707.20, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. SYLVIA DERRICK CODE ENFORCEMENT CASE NUMBERS CEPM20100009396 AND CEAU20100009395, RELATING TO PROPERTY LOCATED AT 616 92ND AVENUE N, COLLIER COUNTY, FLORIDA — THE PROPERTY WAS BROUGHT INTO COMPLIANCE ON DECEMBER 11, 2012 Item #16A3 RELEASE OF A LIEN IN THE AMOUNT OF $248,998.14 FOR A PAYMENT OF $1,448.14, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. BRIAN CHRISTOPHER AND SYLVIA CHRISTOPHER, CODE ENFORCEMENT CASE NUMBER CEPM20080003635, RELATING TO PROPERTY AT 431 IBIS WAY, COLLIER COUNTY, FLORIDA — BROUGHT TO COMPLIANCE APRIL 14, 2011 WITH THE CERTIFICATE OF TITLE RECORDED ON OCTOBER 2, 2012 FOR WELLS FARGO BANK Page 231 February 12, 2013 Item #16A4 RELEASE OF LIEN IN THE AMOUNT OF $74,081.15 FOR A PAYMENT OF $1,331.15, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. CARLOS AND DIANA O. LEON, CODE ENFORCEMENT CASE NUMBER CESD20100005001, RELATING TO PROPERTY AT 5210 JENNINGS STREET, COLLIER COUNTY, FLORIDA — PROPERTY BROUGHT TO COMPLIANCE DECEMBER 27, 2011 Item #16A5 RELEASE OF TWO LIENS WITH A COMBINED VALUE OF $55,975.12 FOR THE PAYMENT OF $675.12, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ELVIS CAMACHO, CODE ENFORCEMENT CASE NUMBERS CEPM20100017789 AND CEPM20110000638, RELATING TO PROPERTY AT 2725 70TH STREET SW, COLLIER COUNTY, FLORIDA — PROPERTY WAS BROUGHT INTO COMPLIANCE JULY 11, 2011 WITH THE CERTIFICATE OF TITLE RECORDED AUGUST 17, 2012 FOR DEUTSCHE BANK NATIONAL TRUST COMPANY Item #16A6 RELEASE OF LIEN IN THE AMOUNT OF $62,330.57 FOR A PAYMENT OF $530.57, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. SANDRA S. SAGE, CODE ENFORCEMENT CASE NUMBER CELU20100019962, RELATING TO PROPERTY AT 3135 RAVENNA AVENUE, COLLIER COUNTY, FLORIDA Page 232 February 12, 2013 Item #16A7 AWARDING INVITATION TO BID #12-5977, MEDIAN LANDSCAPING SERVICES FOR AIRPORT ROAD FROM COUGAR DRIVE TO VANDERBILT BEACH ROAD TO FLORIDA LAND MAINTENANCE, INC., AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE AGREEMENT — FOR THE MEDIAN LANDSCAPING AND IRRIGATION Item #16A8 RESOLUTION 2013-26: AUTHORIZING A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF THE UPLAND RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, APPLICATION NO. VAC- PL20120002564 Item #16A9 AWARDING INVITATION TO BID #13-6030, GOLDEN GATE PARKWAY AND I-75 INTERCHANGE FROM 60TH TO 66TH STREET SW MEDIAN LANDSCAPING AND IRRIGATION, TO AFFORDABLE LANDSCAPING SERVICE AND DESIGN LLC, AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE AGREEMENT — FOR MAINTENANCE OF APPROXIMATELY 2 MILES OF MEDIAN LANDSCAPING AND IRRIGATION Item #16A10 Page 233 February 12, 2013 REJECTING ALL BIDS FOR INVITATION TO BID #12-5974 FOR CONCRETE; ROAD SIDEWALK CURB AND FLOOR INSTALL AND REPAIRS AND AUTHORIZE STAFF TO ISSUE A MODIFIED INVITATION TO BID Item #16A1 1 FUNDING AGREEMENT #4600002780 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR FUNDING IN THE AMOUNT OF $600,000 FOR CONSTRUCTION OF OUTFALLS 3 AND 4 OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) (PROJECT #51101) Item #16Al2 A BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $17,380 — FOR TRAFFIC IMPACT STUDY REVIEW AND PLANNED UNIT DEVELOPMENT (PUD) MONITORING/TRAFFIC COUNTS Item #16A13 RESOLUTION 2013-27: AUTHORIZING A PUBLIC HEARING TO CONSIDER VACATING ALL OF PRESERVE P-6 AND A PORTION OF PRESERVE P-8, AS RECORDED IN OFFICIAL RECORD BOOK 2406, PAGES 0549 THROUGH 0589, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL OF PRESERVE/REPLANT AREAS PA94, PA95, A PORTION OF PRESERVE/REPLANT AREAS PA96 AND PA 102, BEING A PART OF TRACT 8 OF VANDERBILT COUNTRY CLUB - 2, PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC Page 234 February 12, 2013 RECORDS OF COLLIER COUNTY, FLORIDA, AND A PORTION OF PRESERVE/REPLANT AREAS PA96 AND PA 102, BEING A PART OF TRACT FD 10 OF VANDERBILT COUNTRY CLUB - 2, PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA APPLICATION NO. VAC-PL20120002603 Item #16A14 RECORDING THE FINAL PLAT OF TALIS PARK TRACT J, APPLICATION NUMBER PL20120002646, A REPLAT OF TRACT J OF TUSCANY RESERVE — LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16A15 INCREASE BOARD-AUTHORIZED ANNUAL EXPENDITURES FOR "RECORDS MANAGEMENT SERVICES" WITH VITAL RECORDS CONTROL, LLC FROM $90,000 TO AN ESTIMATED ANNUAL EXPENDITURE OF $110,000 PER FY AND APPROVE A BUDGET AMENDMENT FROM FUND 113 TO PAY FOR THE CONTRACTED SERVICES — DUE TO THE INCREASING NUMBER OF BUILDING AND LAND DEVELOPMENT RELATED DOCUMENTS THAT REQUIRE OFF-SITE STORAGE Item #16A16 ACCEPTING SPECIFIC PAST STAFF CLARIFICATIONS OF THE LAND DEVELOPMENT CODE (LDC) DESCRIBED IN THE EXECUTIVE SUMMARY— FOR ELEVATED PAD MOUNTED AIR CONDITIONING UNITS, HIGH CAPACITY FUEL TANKS IN RESIDENTIAL, SINGLE FAMILY AND ESTATES ZONING Page 235 February 12, 2013 DISTRICTS, SETBACKS FOR ACCESS EASEMENTS IN GOLDEN GATE ESTATES, CALCULATIONS FOR PARKING AT CLUBHOUSES, EXEMPTIONS FROM BUILDING HEIGHT LIMITATIONS AND APPLICABILITY OF MAXIMUM LOT COVERAGE FOR ACCESSORY STRUCTURES Item #16A17 — (Continued to the March 12, 2013 BCC Meeting — Per Agenda Change Sheet) RECORDING THE FINAL PLAT OF CAMDEN LAKES, APPLICATION NUMBER PPL-PL20120000747, APPROVING THE STANDARD FORM CONSTRUCTION & MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS THAT INCLUDE WITHHOLDING THE CERTIFICATE OF OCCUPANCY UNTIL REQUIRED IMPROVEMENTS HAVE RECEIVED PRELIMINARY ACCEPTANCE Item #16A18 — (Continued to the February 26, 2013 BCC Meeting — Per Agenda Change Sheet) DISPOSING SURPLUS PROPERTY ASSOCIATED WITH THE GATEWAY TRIANGLE STORMWATER IMPROVEMENTS PHASE II, CONTRACT #10-5366 (PROJECT #51803) — FOR THE SCRAPPED DUCTILE IRON PIPE USED IN THE PROJECT THAT GAVE THE COUNTY A CREDIT OF $4,238.16 Item #16A19 A FEE REDUCTION REQUESTED FOR THE PROPOSED OHLIS REZONE PETITION AND PROVIDING DIRECTION TO THE COUNTY MANAGER OR HIS DESIGNEE TO EVALUATE Page 236 February 12, 2013 DOWN ZONING APPLICATIONS AS PART OF THE HEARING OFFICER'S ANALYSIS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A20 — Moved to Item #11G (Per Agenda Change Sheet) Item #16C1 A GRANT APPLICATION FOR THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT, HAZARD MITIGATION GRANT PROGRAM, IN THE AMOUNT $37,945 TO RETROFIT 33 OVERHEAD DOORS AT THE PUBLIC UTILITIES DIVISION OPERATIONS CENTER AT 4370 AND 4420 MERCANTILE AVENUE, NAPLES — TO REPLACE CURRENT DOORS WITH HURRICANE WIND RATED DOORS TO REDUCE OR ELIMINATE POTENTIAL FOR LOSS OF LIFE AND PROPERTY FROM A NATURAL DISASTER Item #16C2 A UTILITY AND ACCESS EASEMENT AGREEMENT WITH REGENT PARK VILLAS I ASSOCIATION, INC., FOR THE ACQUISITION OF A UTILITY AND ACCESS EASEMENT; AND ACCEPTING A GRANT OF A RIGHT OF ENTRY FOR THE RELOCATION AND REPLACEMENT OF THE EXISTING WASTEWATER COLLECTION SYSTEM IN REGENT PARK VILLAS COMMUNITIES FOR A TOTAL COST NOT TO EXCEED $2,300 FOR PROJECT #70043 — FOLIO #69145260005 Item #16C3 A UTILITY AND ACCESS EASEMENT AGREEMENT,WITH Page 237 February 12, 2013 REGENT PARK VILLAS II ASSOCIATION, INC., FOR THE ACQUISITION OF A UTILITY AND ACCESS EASEMENT; AND ACCEPTING A GRANT OF A RIGHT OF ENTRY FOR THE RELOCATION AND REPLACEMENT OF THE EXISTING WASTEWATER COLLECTION SYSTEM IN REGENT PARK VILLAS COMMUNITIES FOR A TOTAL COST NOT TO EXCEED $2,400 FOR PROJECT #70043) — FOLIO #69145500008 Item #16C4 A UTILITY AND ACCESS EASEMENT AGREEMENT WITH REGENT PARK VILLAS III ASSOCIATION, INC. FOR THE ACQUISITION OF A UTILITY AND ACCESS EASEMENT AND ACCEPTING A GRANT OF A RIGHT OF ENTRY FOR THE RELOCATION AND REPLACEMENT OF THE EXISTING WASTEWATER COLLECTION SYSTEM IN REGENT PARK VILLAS COMMUNITIES FOR A TOTAL COST NOT TO EXCEED $2,400 FOR PROJECT #70043) — FOLIO #69145120006 Item #16C5 A TIME AND MATERIALS CONTRACT WITH AGNOLI BARBER & BRUNDAGE IN THE NOT-TO-EXCEED AMOUNT OF $243,631 FOR REQUEST FOR PROPOSAL #12-5883, "MASTER PUMPING STATION 312 PROFESSIONAL SERVICES DURING CONSTRUCTION" PROJECT #72549 — FOR PROPER ADHERENCE TO CONTRACT DOCUMENTS SO THE RESULT IS A HIGH QUALITY, BEST-VALUE PROJECT THAT PROVIDES REGULATORY COMPLIANT, RELIABLE, AND SUSTAINABLE SERVICE Item #16C6 Page 238 February 12, 2013 A TIME AND MATERIALS CONTRACT WITH HOLE MONTES IN THE NOT-TO-EXCEED AMOUNT OF $898,000 FOR REQUEST FOR PROPOSAL #12-5867, "NORTH COUNTY WATER RECLAMATION FACILITY CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR AERATED SLUDGE HOLDING TANK/FLOW EQUALIZATION TANK CONSTRUCTION" PROJECT #70091 — FOR EXPERT CONSTRUCTION ENGINEERING & INSPECTION SERVICES Item #16D1 CONVEYANCE OF WATER AND WASTEWATER UTILITIES AT MARGOOD HARBOR PARK, 321 PEAR TREE AVENUE, GOODLAND FLORIDA, AND TO APPROVE EXECUTION OF CONVEYANCE DOCUMENTS, AT A COST NOT TO EXCEED $120 — FOLIO #46270680007, #46270720006 AND #46270760008 Item #16D2 AN AMENDMENT TO THE FY11/12 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM GRANT AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING AUTHORITY (CCHA) THAT MODIFIES EXHIBIT A, SCOPE OF SERVICES, EFFECTIVE AS OF THE ORIGINAL DATE OF THE AGREEMENT, TO ALLOW ALL AVAILABLE FORMS OF MATCH, AND CORRECT A SCRIVENER'S ERROR IN THE AGREEMENT NUMBER AND MATCH AMOUNT Item #16D3 AN AMENDMENT TO DEVELOPER AGREEMENTS WITH Page 239 February 12, 2013 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AND NEIGHBORHOOD STABILIZATION PROGRAM 3; AND APPROVE AN AMENDMENT TO THE NSP3 ACTION PLAN TO UPDATE AND CLARIFY TARGET AREA CENSUS TRACTS, DEMOLITION AND LAND BANKING ACTIVITIES — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 SEVEN (7) SATISFACTIONS OF MORTGAGE IN THE AGGREGATE AMOUNT OF $66,192.50 FOR OWNER OCCUPIED DWELLING UNITS THAT HAVE SATISFIED TERMS OF THEIR AFFORDABILITY PERIOD Item #16D5 AN AFTER-THE-FACT SUBSTANTIAL AMENDMENT FOR THE FY10/11 COLLIER COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ACTION PLAN AMENDING THE CITY OF NAPLES NEIGHBORHOOD PARKS IMPROVEMENT PROJECT — FOR ANTHONY AND CAMBRIDGE PERRY PARK WITHIN CITY OF NAPLES CITY LIMITS Item #16D6 PAYING THE 2012 PROPERTY TAXES AND PROCEEDING WITH CLOSING ON THE DONATION OF A 10-ACRE PARCEL PREVIOUSLY APPROVED FOR CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $100 Page 240 February 12, 2013 Item #16D7 RESOLUTION 2013-28: SUPERSEDING RESOLUTION 2012-192 AND AUTHORIZE STAFF TO HONOR ELDERLY/DISABLED REDUCED FARE FOR SUBCONTRACTED TRANSPORTATION PROVIDER WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED THAT PROVIDES TRANSPORTATION SERVICES UNDER A NON-EMERGENCY TRANSPORTATION MEDICAID CONTRACT FOR COLLIER COUNTY Item #16D8 RESOLUTION 2013-29: 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 ESTABLISHMENT OF A COMMERCIAL BEACH PARKING PERMIT, A POLICY FOR BALANCES LEFT ON ACCOUNTS, INCORPORATING CONSERVATION COLLIER'S FEE SCHEDULE, AND AUTHORIZING THE BOARD TO SET FEES FOR COUNTY-SPONSORED SPECIAL EVENTS Item #16D9 SUBMITTAL OF A REVISED CONGESTION MANAGEMENT SYSTEM/INTELLIGENT TRANSPORTATION STAKEHOLDERS (CMS/ITS) GRANT APPLICATION, FOR THE DESIGN AND CONSTRUCTION OF UP TO 12 ADDITIONAL BUS SHELTERS IN COLLIER COUNTY IN THE AMOUNT OF $336,872 — ALSO Page 241 February 12, 2013 INCLUDES BIKE RACKS, BENCHES & TRASH RECEPTACLES AS THE BUDGET ALLOWS Item #16D10 RESOLUTION 2013-30: EXECUTING A SUPPLEMENTAL AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY TO AMEND THE LOCAL MATCH TO INCLUDE IN-KIND FUNDING IN THE AMOUNT OF $75,150 AND CASH MATCH IN THE AMOUNT OF $205,850 FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY AT THE GOVERNMENT CENTER Item #16D11 RESOLUTION 2013-31: RESCINDING AND REPLACING RESOLUTION 2001-245 AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND GOAL SETTING PROCESS TO ENSURE DBE'S HAVE AN EQUAL OPPORTUNITY TO RECEIVE AND PARTICIPATE IN FTA ASSISTED CONTRACTS & ENSURE NONDISCRIMINATION OF AWARDS AND ADMINISTRATION Item #16D12 BUDGET AMENDMENTS RECOGNIZING CONSERVATION COLLIER FY 12 CARRY FORWARD FOR PLANNED PROJECTS — FOR THE PEPPER RANCH PROJECTS Item #16D13 Page 242 February 12, 2013 SUBSTANTIAL AMENDMENT TO THE FY12/13 HUD ACTION PLAN THAT INCLUDES THREE NEW PROJECTS FUNDED FROM THE EMERGENCY SOLUTIONS GRANT THAT SUPPORTS HOMELESS PROGRAMS IN COLLIER COUNTY AND MODIFY FUNDING ALLOCATED TO THE ESG PLANNING AND ADMINISTRATION CATEGORY AS ALLOWED BY HUD — FOR THE SHELTER FOR ABUSED WOMEN AND CHILDREN AND ST. MATTHEWS HOUSE HOMELESS SHELTER OPERATIONS AND FOR CATHOLIC CHARITIES RAPID RE-HOUSING & PREVENTION PROJECT Item #16D14 RENEWING A MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND COLLIER COMMUNITY CAT COALITION TO COORDINATE A COMMUNITY-BASED TRAP-NEUTER-RETURN PROGRAM FOR FERAL CATS — TO HELP DIMINISH THE NUMBER OF FERAL CATS Item #16D15 TERMINATING A JUNE 14, 2011 UNDERGROUND FACILITIES CONVERSION AGREEMENT ENTERED INTO BETWEEN COLLIER COUNTY AND COMCAST OF THE SOUTH, INC. Item #16E1 AWARDING INVITATION TO BID #12-5935 FOR FLEET VEHICLES TO TAMIAMI FORD, INC. — THE CURRENT BID EXPIRES MARCH 1, 2013 Item #16E2 Page 243 February 12, 2013 THE RANKED LIST OF SELECTED FIRMS FOR REQUEST FOR PROPOSAL #09-5262-S2, COUNTYWIDE ENGINEERING SERVICES FOR COASTAL ENGINEERING SERVICES AND DIRECT STAFF TO BRING NEGOTIATED CONTRACTS TO THE BOARD FOR SUBSEQUENT APPROVAL WITH HUMISTON AND MOORE ENGINEERS AND TURRELL, HALL & ASSOCIATES, INC. Item #16E3 RESOLUTION 2013-32: AUTHORIZING THE COMMISSION'S CHAIRWOMAN TO EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2013 CALENDAR YEAR Item #16E4 ADVERTISING AN AMENDMENT TO ORDINANCE 2009-23, "REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE," IN ORDER TO ALLOW THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO DECLARE A BURNING BAN ON BEHALF OF THE BOARD IN ABSENTIA AND ALSO CLARIFY CERTAIN PROVISIONS OF THE ORDINANCE Item #16E5 RESOLUTION 2013-33: A LEASE AGREEMENT WITH CONGRESSMAN MARIO DIAZ-BALART FOR USE OF COUNTY-OWNED OFFICE SPACE FOR TWO YEARS FOR A Page 244 February 12, 2013 TOTAL REVENUE OF $20 — A LEASE RUNNING THROUGH JANUARY 2, 2015 Item #16E6 BUDGET AMENDMENT TO FACILITATE REIMBURSEMENT OF FUNDS TO THE GOLDEN GATE ESTATES LIBRARY AND LOUISE HASSE COMMUNITY CENTER FOR COMPLETED WORK PER PREVIOUSLY APPROVED AGREEMENTS WITH THE GOLDEN GATE ESTATES LAND TRUST FUND 605 (TOTAL FISCAL IMPACT: $311,024.39) Item #16E7 ACCEPT REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — REPORTS COVER THE PERIOD OF DECEMBER 20, 2012 THROUGH JANUARY 23, 2013 Item #16F1 REPORT COVERING A BUDGET AMENDMENT IMPACTING RESERVES IN AN AMOUNT UP TO AND INCLUDING $1,235.42 AND A BUDGET AMENDMENT MOVING FUNDS — FOR THE EAGLE LAKES COMMUNITY PARK Item #16F2 RESOLUTION 2013-34: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FY12/13 ADOPTED BUDGET Page 245 February 12,-2013 Item #16G1 AN AMENDMENT TO THE COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT WITH HISTORY FLIGHT INC., FOR LIMITED COMMERCIAL AVIATION OPERATIONS AT MARCO ISLAND EXECUTIVE AIRPORT — TO CHANGE DATES OF SCHEDULED PROGRAM ACTIVITIES FROM JANUARY 19 & 20, 2013 TO MARCH 9 & 10, 2013 Item #16G2 BOARD OF COUNTY COMMISSIONERS, IN ITS CAPACITY AS THE AIRPORT AUTHORITY, APPROVES AN AGREEMENT PERMITTING COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC TO INSTALL, OPERATE & MAINTAIN CABLE AT IMMOKALEE REGIONAL AIRPORT — AS WELL AS HIGH SPEED COMMUNICATION FOR STAFF, TENANTS AND AIRPORT USERS Item #16G3 TRAVEL REQUEST IN THE AMOUNT OF $1,119 FOR THE AIRPORT AUTHORITY EXECUTIVE TO ATTEND THE FLORIDA AIRPORTS COUNCIL 2013 STATE SUMMIT IN TALLAHASSEE, FLORIDA Item #16H1 COMMISSIONERS REQUEST BOARD APPROVAL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE DAY CONFERENCE APRIL 3-5, 2013 Page 246 February 12, 2013 Item #16H2 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE VIVA 500 FLORIDA EVENT ON JANUARY 8, 2013 AT PORT ROYAL CLUB, NAPLES, FLORIDA. $70 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — HELD AT 2900 GORDON DRIVE, NAPLES Item #16H3 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND ZOOBILEE 2013 ON MARCH 9, 2013 AT NAPLES ZOO, NAPLES FLORIDA. $150 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — AT 1590 GOODLETTE-FRANK RD., NAPLES Item #16H4 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE CATO INSTITUTE SEMINAR JANUARY 30, 2013 AT THE WALDORF ASTORIA IN NAPLES, FL. $75 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — LOCATED AT 475 SEAGATE DRIVE, NAPLES Item #16H5 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC Page 247 February 12, 2013 PURPOSE. SHE WILL ATTEND THE FIFTH COMMUNITY DRUG FREE AWARENESS LUNCHEON AT THE NAPLES HILTON ON MARCH 7, 2013, FLORIDA. $21 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — LOCATED AT 5111 TAMIAMI TRAIL NORTH, NAPLES Item #16H6 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE CREATING TIMELESS TRAVEL MEMORIES - DAVID LAWRENCE CENTER ON FEBRUARY 18, 2013. $25 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — LOCATED AT 707 GULF PARK DRIVE, NAPLES Item #16H7 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE FAC LEGISLATIVE UPDATE ON APRIL 4, 2013. $110 TO BE PAID OUT OF COMMISSIONER HILLER'S FAC TRAVEL BUDGET — HELD AT 555 WEST PENSACOLA STREET, TALLAHASSEE Item #16H8 — Continued to the February 26, 2013 BCC Meeting (Per Agenda Change Sheet) COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE BEACH BALL GALA FOR CHILDREN'S ADVOCACY CENTER ON FEBRUARY 23, 2013. Page 248 February 12, 2013 $100 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET Item #16H9 COMMISSIONER HILLER'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE 2013 GOVERNMENT ACCOUNTING CONFERENCE IN TALLAHASSEE FEBRUARY 7-8, 2013. $225 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — HELD AT 555 WEST PENSACOLA STREET, TALLAHASSEE Item #16J1 DISBURSEMENTS FOR THE PERIOD OF JANUARY 5, 2013 THROUGH JANUARY 11, 2013 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF JANUARY 12, 2013 THROUGH JANUARY 18, 2013 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 DISBURSEMENTS FOR THE PERIOD OF JANUARY 19, 2013 THROUGH JANUARY 25, 2013 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 Page 249 February 12, 2013 BOARD ACCEPTS AN INVESTMENT STATUS UPDATE REPORT FOR THE QUARTER ENDING DECEMBER 31, 2012 Item #16J5 A BUDGET AMENDMENT IN THE AMOUNT OF $342,000 TO APPROPRIATE ADDITIONAL FUNDING FOR THE CLERK OF COURTS PAY PLAN ADJUSTMENTS AND COLA INCREASES CONSISTENT WITH THE COUNTY'S PAY PLAN Item #16K1 SETTLEMENT AGREEMENT IN THE SUM OF $4,000 PRIOR TO TRIAL IN A LAWSUIT ENTITLED MICHAEL A. PADRON III, V. COLLIER COUNTY, FILED IN TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 12-CA-924) AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE (FISCAL IMPACT: $4,000) Item #16K2 MEDIATED SETTLEMENT AGREEMENT AND RELEASE PRIOR TO TRIAL IN A LAWSUIT ENTITLED MIGUEL ROJAS AND LUZ ESCUDERO V. COLLIER COUNTY, AND COLLIER COUNTY, FILED IN TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 11-2901-CA) FOR THE SUM OF $25,000 — FOR A VEHICLE ACCIDENT AT THE INTERSECTION OF WEBER & GOLDEN GATE BLVD. Item #17A — Moved to Item #9B (Per Agenda Change Sheet) Page 250 February 12, 2013 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OF ICIO GO, ERNING BOARD(S) OF S ' E IAL D TRICTS UNDER ITS CONTROL I �i ' 1 A. HILLER, ESQ., CHAIRWOMAN ATTEST DWIGHT' E. BLOCK, CLERK " te as t4 •ai •'n These minutes t approved the Board on V Qkrc. lob �L� , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 251