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BCC Minutes 04/09/2013 R BCC REGULAR MEETING MINUTES APRIL 9, 2013 April 9, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 9, 2013 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Georgia Hiller Fred Coyle Donna Fiala Tom Henning Tim Nance ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Clerk's Finance Director Mike Sheffield, Business Operations — CMO Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority �01, t 1, r AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 09, 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 Vice- Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB 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 April 9,2013 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. Dr. Ronald Patterson - Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) C. Approval of today's regular agenda as amended D. March 12, 2013 - BCC/Regular Meeting Minutes Page 2 April 9,2013 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating April 20-21, 2013 as Conservancy of Southwest Florida Grand Reopening Weekend. To be accepted by Andrew McElwaine, President and CEO, Conservancy of Southwest Florida. Sponsored by Commissioner Hiller. B. Proclamation designating April 2013 as Child Abuse Prevention Month and recognizing the Children's Advocacy Center for its life-changing work and service to the abused and neglected youth in Collier County. To be accepted by Jackie Stephens, CEO, Children's Advocacy Center. Sponsored by Commissioner Hiller. C. Proclamation designating April 2013 as Sexual Assault Awareness Month in Collier County. To be accepted by Michelle English, Executive Director, Project Help and Eileen Wesley, Victim Service Coordinator, Project Help. Sponsored by Commissioner Coyle. D. Proclamation designating April 21-27, 2013 as Crime Victim's Rights Week in Collier County. To be accepted by Angela Larson, Victim's Services Supervisor, Collier County Sheriffs Office and Betty Ardia-McGuire, State Attorney's Office. Sponsored by Commissioner Coyle. E. Proclamation designating April 2013 as Parkinson's Disease Awareness Month in Collier County. To be accepted by Michael and Gretchen Church, Parkinson's Action Network. Sponsored by Commissioner Fiala. F. Proclamation recognizing the Special Olympics of Collier County (SOCC) for its work in the community and to raise awareness of its cause. To be accepted by David McKenzie, County Coordinator, SOCC; Sue Palmer, Fundraising Director, SOCC; Fritz Sullivan, Marketing Director, SOCC; Matt Berman, Founder, Stand Up Paddle (SUP); MJ Weibling, SUP Coach; Taylor Masiero, SUP Head Coach; Viviana Pantoj a, Athlete and Martin Grasser, Athlete. Sponsored by Commissioner Hiller. 5. PRESENTATIONS Page 3 April 9, 2013 A. Presentation of the Collier County Business of the Month for April 2013 to Lutgert Insurance. To be accepted by Bud Hornbeck, President; Patty Hornbeck, Associate; Scott Lutgert, Owner; Steve Benza, Vice President; Marc Williams, Vice President; and Howard Gutman, Owner. 6. PUBLIC PETITIONS A. Public Petition request from Randall J. Cohen regarding practices and procedures. 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration of Item #10H from the March 12, 2013 BCC Meeting titled: Recommendation that the Board of County Commissioners direct staff to prepare solicitations for the post of County Medical Director and Deputy County Medical Director; that the positions of County Medical Director and Deputy County Medical Director be posted to accept applications by April 1, 2013; further, that staff bring back the slate of all applications received for the board's review and consideration by the first board meeting in May, 2013. The solicitation for the position of County Medical Director shall provide that the applicant shall not be affiliated directly, nor indirectly with any local hospital. The County Medical Director approves the county's emergency service protocols and as such all conflicts of interest in appearance and in fact must be avoided for ethical and legal reasons. (Commissioner Coyle) B. Appointment of member to the Pelican Bay Services Division Board. C. Appointment of member to the Affordable Housing Advisory Committee. Page 4 April 9, 2013 D. Appointment of member to the Collier County Public Safety Authority. 11. COUNTY MANAGER'S REPORT A. Recommendation to Award Bid #13-6040, "Doral Circle Water, Wastewater, and Stormwater System Replacement," in the amount of $2,368,450 to Denco Construction Inc., for the rehabilitation of the potable water, sanitary sewer, and stormwater management systems serving the Doral Circle Subdivision, Project No. 71010, Project No. 70046, Project No. 70043, and Project #60125. (George Yilmaz, Public Utilities Administrator) B. Recommendation to direct staff to advertise and bring to the Board a proposed ordinance providing for an additional homestead exemption for certain qualifying senior citizens pursuant to passage of Florida Constitutional Amendment 11 on November 6, 2012. (Mark Isackson, Corporate Financial and Management Services Director) C. Recommendation to approve the position description, salary range and employment agreement for the Collier County Hearing Examiner. (Len Price, Administrative Services Administrator) D. Recommendation to authorize the conversion of twelve permitting and inspection job bank positions to full time equivalent positions for Fund 113, five plan review and inspection job bank positions to full time equivalent positions for Fund 131, and one new full time equivalent position for Fund 113. (Nick Casalanguida, Growth Management Administrator) E. Recommendation to accept a priority listing, installation schedule and project budget for emergency vehicle pre-emption and confirmation beacons on the Collier County traffic signal system. (Nick Casalanguida, Growth Management Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the Circuit Court's Office regarding Audit Report 2013-1 Parks and Recreation Freedom Park Cash Review. Page 5 April 9, 2013 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, review options, consider planning and business structures, and prepare to provide direction regarding the improvement of management and development of the real estate assets associated with the Collier County Airports, and especially the Immokalee Airport Planned Unit Development. Options to consider should include, but not be limited to, maintaining the existing Airport Authority/Executive Director Structure, engaging a professional Real Estate Consultant, contract Real Estate Management, Long-term lease of real estate (Public-Developer Partnership), sale of real estate (Full Privatization) and/or any combination thereof. (Commissioner Nance) B. COMMUNITY REDEVELOPMENT AGENCY 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 adopt a resolution accepting dedications in the plat of Brooks Village as recorded in Plat Book 49, pages 27 and 28. (Collier Blvd. Project#68056) Est. fiscal impact: $540 per annum. 2) Recommendation to award contracts to Stewart Title Company and American Government Services Corporation under Bid #13-6043, "Real Estate Title & Closing Services." Page 6 April 9,2013 3) Recommendation to approve for recording the final plat of Watercourse at Talis Park, (Application Number PL20120002768). 4) Recommendation to approve for recording the final plat of Sabal Bay Commercial Plat - Phase Four, AR-13453, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to ratify and approve a Stipulated Final Judgment as to Parcel 124FEE as part of the US-41/Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact: $39,000 6) Recommendation to approve an Easement Agreement for the acquisition of a Drainage Easement (Parcel No. 271 DE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project (Project No. 51101). Estimated Fiscal Impact: $14,130. 7) Recommendation to approve the release of lien in the amount of $10,869.48 for payment of$1,569.48, in Code Enforcement Action entitled Board of County Commissioners vs. Eleanor D. Vander Meiden, Code Enforcement Case Number CEPM20120003507, relating to property at 346 Edgemere Way N, Collier County, Florida. 8) Recommendation to approve the release of lien in the amount of $454,970.39 for payment of$44,570.39, in the Code Enforcement Action entitled Board of County Commissioners vs. Elinord Pierre, Code Enforcement Case Number 2006050703, relating to property located at 186 3rd Street, Collier County, Florida. 9) Recommendation to approve the release of lien in the amount of $60,803.15 for payment of$6,753.15, in Code Enforcement Action entitled Board of County Commissioners vs. Primitivo Lara, Code Enforcement Case Number CEPM20090000375, relating to property located at 5020 27th Place SW, Collier County, Florida. 10) Recommendation to approve final acceptance of the water utility facility for North Collier Regional Park Children's Museum PL 20110000902, and Wal-Mart Store Expansion PL 20110001308 and to authorize the County Manager, or his designee, to release the Page 7 April 9, 2013 Utility Performance Security Bond (UPS) in the total amount of $4,441.71 and the Final Obligation Bond in the total amount of$8,000 to the Project Engineer or the Developer's designated agent. 11) Recommendation to award Bid #13-6034 "Naples Manor Sidewalk Improvements" for construction of sidewalk improvements on Floridan Avenue, Georgia Avenue, Hardee Street, and Jennings Street to Owen-Ames-Kimball Company in the amount of$730,996.08. 12) Recommendation to receive and approve the Collier County Floodplain Management Plan 2012 Progress Report. 13) Recommendation to approve and authorize the Chairwoman to sign a Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Boulevard and reduce the permitting fees from $2,000 for a commercial large residential development to $200 for a residential landscaping site. 14) Recommendation to accept a traffic signal study report on the intersection of Lake Trafford Road (CR 890) and N 19th Street in the unincorporated town of Immokalee and approve the programming of an intersection improvement and traffic signal installation at this intersection. (Project Nos. 60172 and 60016) 15) Recommendation to award Contract No. 13-6052 Coronado Canal and Gator Slough Canal Bridge Repairs to CSJ of SW Florida, Inc. in the amount of$460,261.95, Project No. 66066. 16) This item continued from the March 26, 2013 BCC Meeting. Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of$500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Community Redevelopment Agency Page 8 April 9, 2013 (CRA) Board approve a budget amendment to the Collier County Community Redevelopment Agency - Immokalee (CRA) Fund (186) budget that reestablishes funding for the CRA's Commercial Facade Improvement Grant Program. C. PUBLIC UTILITIES DIVISION 1) Recommendation to direct the County Manager or his designee to advertise an ordinance repealing and replacing the Collier County Reclaimed Water System Ordinance, Ordinance 98-37, as amended. 2) Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a substantial amendment for the FY2011-2012 Collier County U.S. Department of Housing and Urban Development (HUD) Action Plan amending Empowerment Alliance of SW Florida Homebuyer Education's project description to remove reference to a funding source not intended to be included. 2) Recommendation to approve a substantial amendment to the FY2011- 2012 and FY2012-2013 Action Plan for repayment of U.S. Department of Housing and Urban Development (HUD) HOME Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe (FY2005-2006), and authorize necessary budget amendments. 3) Recommendation to approve seven (7) mortgage satisfactions for State Housing Initiatives Partnership (SHIP) loan in the amount of $51,610. 4) Recommendation to approve two (2) mortgage satisfactions for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, in the amount of$2,868.60. 5) Recommendation to approve a substantial amendment for the FY2012-2013 Collier County U.S. Department of Housing and Urban Page 9 April 9,2013 Development (HUD) Action Plan amending the Youth Haven Safe and Secure Home for Collier Youth Program. 6) Recommendation to approve electronic submittal of Senior Corps Retired &Senior Volunteer Program (RSVP) application for FY13-14 grant funds in the amount of$54,522 with a required match of $23,367 to the Corporation for National and Community Service, for continuation of the Collier County sponsored RSVP program, and authorize the necessary budget amendments. 7) Recommendation to award RFP #13-6014 Vanderbilt Beach Concession and authorize the Chairwoman to sign a contract with Day-Star Unlimited, Inc. d/b/a Cabana Dan's. 8) Recommendation to accept the staff report regarding actions taken to enhance Payroll Time Controls within the Parks and Recreation Department. 9) 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. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to reject Invitation to Bid (ITB) #13-6027 for Pest Control Services. 2) Recommendation to accept a Federal Emergency Management Agency Assistance to Firefighter's Grant Award in the amount of $82,669 with local match of$4,351 for a total project cost of$87,020 to purchase new mobile and portable radios for the Ochopee Fire Control District. 3) Recommendation to adopt a resolution authorizing the cancellation of 2013 taxes upon a fee-simple interest Collier County acquired by Personal Representative's Deed for Conservation Collier and without monetary compensation. Page 10 April 9, 2013 4) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) 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 a Travel Request in the amount of $1,358 for the Airport Authority Executive to attend Florida Airport Council's Annual Conference and Exposition in Orlando, Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Advisory Board vacancies April 1-12, 2013. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon March 21, 2013. Sum of$18 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on March 28, 2013. Sum of $23 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file with action as directed. Document(s) have been routed to Commissioners per their request and are available for review in the BCC Office until approval. 2) Advisory Board Minutes to file with action as directed. Document(s) have been routed to Commissioners per their request and are available for review in the BCC Office until approval. Page 11 April 9, 2013 J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 14, 2013 through March 20, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period March 21, 2013 through March 27, 2013 and for submission into the official records of the Board. 3) Recommendation to approve the use of$25,000 from the Confiscated Trust Funds to support the Collier 211 Campaign. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement with the business owner for West Stores, Inc., and L & R Ram, LLC, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding $110,000 which resolves all claims for Parcels 162DE and 162TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled Collier County v. Holistic Health Healing, Inc., et al., Case No. 12- CA-1756-CA and Parcels 157DE and 157TCE in Collier County v. L & R Ram, LLC, et al., Case 12-CA-1828-CA (US 41 Ditch/Naples Manor Canal/LASIP Project #51101) (Fiscal Impact: $93,970). 2) Recommendation to approve a Stipulated Final Judgment for complete and final settlement as to Parcels 174DE and 176DE, in the combined amount of$67,679.50, in the lawsuit styled Collier County v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples Manor Canal/LASIP Project No. 51101) (Fiscal Impact $33,479.50). 3) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release in the lawsuit entitled John E. Chandler v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 13-644-CA) for the sum of$1,474.50. Page 12 April 9,2013 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. Recommendation to approve a resolution designating Close-Out of twelve (12) adopted Planned Unit Developments (PUDs) that have fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. B. Recommendation to approve a resolution designating Close-Out of three (3) adopted Planned Unit Developments (PUDs) that have fully completed all or portions of their development and have constructed up to the authorized density and/or intensity, and have been found by county staff to have only one relevant transportation commitment remaining. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance 03-54, as amended, the Royal Palm International Academy Planned Unit Development (PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 163± acres; and by providing an Page 13 April 9,2013 effective date. [PUDA-PL20120001225] D. This item continued from the March 12, 2013 BCC meeting then continued to the April 23, 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 Petition VAC-PL20120002564, to disclaim, renounce and vacate the County and the Public interest in 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, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to approve the Grant of Easement to replace the vacated U.R.O.S. easement. E. Recommendation to adopt a single consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program for consideration by the Board at a future meeting, that repeals the State Housing Initiatives Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 14 April 9, 2013 April 9, 2013 MR. OCHS: Madam Chair, you have a live mic. CHAIRWOMAN HILLER: Thank you. Good morning. I'd like to call this meeting to order. If we could all rise for the invocation to be given by Ron Patterson (sic) from Young Adult -- who is a minister from Naples United Church of Christ. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND PATTERSON: If you choose, would you bow your heads in prayer with me. Loving One, we thank you for this time together and we invite your presence. We invite your wisdom, we invite your discernment. Help those who have been chosen to do the people's work to help us to understand the complex issues. Grant them your wisdom and your guidance this day. Amen. CHAIRWOMAN HILLER: Commissioner Nance, would you lead us in the invocation, please? COMMISSIONER NANCE: It would be my pleasure. (Pledge of Allegiance was recited in unison.) CHAIRWOMAN HILLER: Thank you. County Manager? MR. OCHS: Good morning, Madam Chairwoman, Commissioners. These are your proposed agenda changes for the Board of County Commissioners meeting of April 9th, 2013. First proposed change is to continue Item 16.C.1 from your consent agenda. There's some reformatting work that needs to be done by the staff and we will bring that back to you as soon as that's complete. The next proposed change is to continue Item 16.C.2 to the Page 2 April 9, 2013 April 23rd, 2013 BCC meeting. Again, there's some formatting work that needs to be done on that revision to the ordinance. That is at staffs request. Next proposed change is to move Item 16.K.3 from the County Attorney consent agenda to become Item 12.A. That change is made at Commissioner Coyle's request. We have an agenda note this morning, for Items 16.A.3 and 4. They both require ex parte disclosure be provided by Commission members. And if a hearing were to be held on those items, participants would be required to be sworn in. That addition is at staffs request. We have one time certain item this morning, Commissioners. It's Item 13.A. That will be heard at 11 :30 a.m. That's an internal audit report from the Clerk of the Circuit Court. And those are all the changes that I have, Madam Chair. CHAIRWOMAN HILLER: Thank you very much. Could you take us to Item 2, which is agenda and minutes? Item #2A APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT) — APPROVED AND/OR ADOPTED W/CHANGES — EXCEPT ITEM #16D9; MOTION TO APPROVE ITEM #16D9 — APPROVED MR. OCHS: Yes, ma'am. Item 2.A today will be approval of today's consent agenda, as amended. Ex parte disclosure is provided by Commission members for the consent agenda. CHAIRWOMAN HILLER: Let me begin with the ex parte disclosure and then the request for any comment. Commissioner Henning? COMMISSIONER HENNING: Yeah, I have ex parte Page 3 April 9, 2013 communication of 16.A.4. Communication with staff. CHAIRWOMAN HILLER: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes, ma'am, I have no ex parte disclosure on the consent agenda today. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I have no ex parte disclosure on the consent agenda. Are you going to take the summary agenda separately? CHAIRWOMAN HILLER: Yes. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have some ex parte on 16.A.4. I've had emails on this and I've also met with them previously, maybe a year or so ago. And I was just doing a little bit of a tour recently, I was talking to some of the people as well just about this commercial part of the thing. So I just wanted to declare that. CHAIRWOMAN HILLER: Thank you. Commissioner Nance, you indicated you wanted to comment on the -- COMMISSIONER NANCE: Yes, ma'am. I just want to make a comment on the consent agenda on Item 16.D.9, which is animal control ordinance. It's not my intention to pull this item off the consent agenda unless there's other support on the Board. I do have one concern, and the only thing that I wanted to mention is the issue of safeguarding animals and extracting them from automobiles when they're in distress. And I think that the -- it was my understanding that the language in the ordinance was going to be tweaked a little bit to get a little more specific on that. Because it was the determination of the Board at that time to make that provision a shall provision, rather than may. And as it exists today, it instructs DAS staff, directs them and Page 4 April 9, 2013 states that they shall extract an animal if it's in a car that is 80 degrees or higher for a period of five minutes or longer. I just have a concern that that's -- you know, during June, July, August and September the ambient air temperature outside in Fort Myers and Naples is in excess of 80 degrees, and my concern is that we're going to get into something that's a little awkward because we're going to be extracting an animal from a car potentially and putting them in a hotter environment than they were when we said they were under duress. So I'm just a little concerned about that. If nobody else thinks that's going to create a problem for us, I'll make no further statement. CHAIRWOMAN HILLER: Is there any discussion on that? (No response.) CHAIRWOMAN HILLER: There being no further discussion, Commissioner Nance, do you want to continue to support that item or do you want to vote against it? COMMISSIONER NANCE: I will vote against it. CHAIRWOMAN HILLER: So with that, may I have a motion for approval of consent for all items except for -- what is the agenda item that you were referring to? COMMISSIONER NANCE: 16.D.9. CHAIRWOMAN HILLER: Okay, 16 -- if I could have a motion for the consent agenda except for 16.D.9, and then we'll take 16.D.9 separately. COMMISSIONER COYLE: So moved. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. Page 5 April 9, 2013 CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Can I have a motion to approve 16.D.9? COMMISSIONER COYLE: So moved. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Nance dissenting. For the benefit of the court reporter, if everybody could announce their vote so there is no ambiguity for the record, it would be appreciated. As I've been told. Thank you for your comments, Commissioner Nance. Item #2B APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR SUMMARY) — ADOPTED W/CHANGES MR. OCHS: Madam Chair, that takes you to Item 2.B on your agenda this morning. It's approval of today's summary agenda as amended. Ex parte disclosure to be provided by Commission members for this agenda item. CHAIRWOMAN HILLER: Thank you. Page 6 April 9, 2013 Commissioner Henning, any ex parte? COMMISSIONER HENNING: Yes, I received staffs report to the Planning Commission on 17.C. That's it. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes, I've also reviewed the staff report on the Royal Palm International Academy PUD. No other disclosure. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I have also reviewed the staff report for this item. And I did have in the distant past a meeting with Mr. Yovanovich concerning this development. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes, I too have received a staff report. No other things to declare. CHAIRWOMAN HILLER: And I also have received the staff report on 17.0 and no other communications on 17.0 or any of the other items. May I have a motion for approval? COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: All those in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2C Page 7 April 9, 2013 APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Next item, 2.C, Commissioners, approval of today's regular agenda as amended. CHAIRWOMAN HILLER: Any discussion on the regular agenda? COMMISSIONER NANCE: Motion to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Page 8 Proposed Agenda Changes Board of County Commissioners Meeting April 9,2013 Continue Item 16C1 to the April 23,2013 BCC Meeting: Recommendation to direct the County Manager or his designee to advertise an ordinance repealing and replacing the Collier County Reclaimed Water System Ordinance,Ordinance No.98-37,as amended. (Staff's request) Continue Item 16C2 to the April 23,2013 BCC Meeting: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No.2001-73,the Collier County Water-Sewer District Uniform Billing,Operating,and Regulatory Standards Ordinance. (Staffs request) Move Item 16K3 to Item 12A: Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release in the lawsuit entitled Joel E. Chandler v. Collier County,filed in the Twentieth Judicial Circuit in and for Collier County,Florida(Case No. 13-644-CA)for the sum of$1,474.50. (Commissioner Coyle's request) Note: Items 16A3 and 16A4 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. (Staff's request) Time Certain Items: Item 13A to be heard at 11:30 a.m. 4/9/2013 8:44 AM April 9, 2013 Item #2D MARCH 12, 2013 BCC/REGULAR MEETING MINUTES — APPROVED AS PRESENTED MR. OCHS: Item 2.D is approval of the BCC regular meeting minutes from March 12th, 2013. CHAIRWOMAN HILLER: Any discussion on the minutes? COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #4 PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT THE PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION DESIGNATING APRIL 20-21, 2013 AS THE CONSERVANCY OF SOUTHWEST FLORIDA'S GRAND REOPENING WEEKEND. ACCEPTED BY ANDREW MCELWAINE, PRESIDENT AND CEO, CONSERVANCY OF SOUTHWEST FLORIDA — ADOPTED Page 9 April 9, 2013 MR. OCHS: Commissioners, that takes us to Item 4 on your agenda this morning, proclamations. Item 4.A is a proclamation designating April 20th and 21st, 2013 as Conservancy of Southwest Florida grand reopening weekend. To be accepted by Andrew McElwaine, President and CEO of The Conservancy of Southwest Florida. And I also see Ms. Nicole Johnson from The Conservancy here. I would ask them to step forward and receive their proclamation. (Applause.) MR. OCHS: This item was sponsored by Commissioner Hiller. CHAIRWOMAN HILLER: And I just want you to know I wore this print just for you. MS. JOHNSON: On behalf of The Conservancy of Southwest Florida, we very much appreciate this proclamation. We appreciate all of your support, the support of the community and we're very much looking forward to our grand reopening celebration next weekend. I hope all of you can come out and join us and participate. It takes place on both Saturday and Sunday. So again, thank you very much. CHAIRWOMAN HILLER: Thank you. And I believe Andrew just walked in. MR. McELWAINE: Thank you again, Commissioners. April 20th and 21st, grand reopening weekend. I hope you can join us. Do let us know, we would like to recognize you if you come. Thank you. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: What time? CHAIRWOMAN HILLER: Nicole? MR. McELWAINE: Oh, sorry. It's all day both days, 9:00 to 4:00 both days. Thank you. COMMISSIONER FIALA: Do you want us there at a certain time? MR. McELWAINE: You'd be welcome if you want to kick us off at 9:00. But I don't want to mess up your Saturday, so if there's another time that works for you, let me know. Page 10 April 9, 2013 CHAIRWOMAN HILLER: Okay, that would be great. Why don't I -- Andrew, I'll work with the Board and find out what time is convenient. Maybe a little bit later might be better. MR. McELWAINE: We can work around your schedule. CHAIRWOMAN HILLER: Thank you very much. And we appreciate -- thank you for all you do for the community. You have an incredible facility -- MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: -- and thank you for what you do. MR. OCHS: If we might impose on Mr. McElwaine to indulge us with a photo as long as he's here? CHAIRWOMAN HILLER: Oh, you know, that's a great idea. Let's all stand again and bring him forward with Nicole. Item #4B PROCLAMATION DESIGNATING APRIL 2013 AS CHILD ABUSE PREVENTION MONTH AND RECOGNIZING THE CHILDREN'S ADVOCACY CENTER FOR ITS LIFE-CHANGING WORK AND SERVICE TO ABUSED & NEGLECTED YOUTH IN COLLIER COUNTY. ACCEPTED BY MR. LEE ON BEHALF OF JACKIE STEPHENS, CEO, CHILDREN'S ADVOCACY CENTER — ADOPTED MR. OCHS: Item 4.B is a proclamation designating April, 2013 Child Abuse Prevention Month and recognizing Children's Advocacy Center for its life-changing work and service to abused and neglected youth in Collier County. Accepted by Jackie Stephens, Children's Advocacy Center. This item is sponsored by Commissioner Hiller. Is Ms. Stephens here today? MR. LEE: That would be me accepting on her behalf. (Applause.) Page 11 April 9, 2013 MR. LEE: Thank you again for this. We really appreciate it. And on behalf of all the children that we serve, we thank you too. CHAIRWOMAN HILLER: Could you please share with the community what you do to protect and help these children? I think the citizens of Collier County need to understand the contribution you make and how important and significant it is. MR. LEE: We like to call ourselves kind of the first responders to abuse in this community. When a child is abused and it's of a serious nature, the child is taken to our facility and they're given a forensic interview. And that interview consists of a very highly trained professional talking with the child and extracting the information while law enforcement is in a separate room watching it on closed circuit TV. And basically allowing law enforcement to protect the child by getting the perpetrator and, you know, and we offer therapeutic services after the fact. So once the child comes in and has been diagnosed with abuse, we look to offer healing options for them. CHAIRWOMAN HILLER: Great. Great organization. I hope people support you. MR. LEE: Thank you very much. CHAIRWOMAN HILLER: Thank you. Item #4C PROCLAMATION DESIGNATING APRIL 2013 AS SEXUAL ASSAULT AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY MICHELLE ENGLISH, EXECUTIVE DIRECTOR, PROJECT HELP AND EILEEN WESLEY, VICTIM SERVICE COORDINATOR, PROJECT HELP — ADOPTED MR. OCHS: Item 4.0 is a proclamation designating April 21st through the 27th, 2013 as -- I'm so sorry, excuse me, Madam Chair. Page 12 April 9, 2013 4.0 is a proclamation designating April, 2013 as Sexual Assault Awareness Month in Collier County. To be accepted by Michelle English, Executive Director, Project Help, and Eileen Wesley, Victim Service Coordinator, Project Help. This item is sponsored by Commissioner Coyle. If you'd please come forward. (Applause.) CHAIRWOMAN HILLER: Would you like to speak? MS. ENGLISH: Good morning, Commissioners. And thank you so much. We certainly appreciate the awareness that we are able to give. And very quickly, we'll just say that this is a perfect example, because in the last 10 days we've had to deal with six sexual assaults right here. So it is a good thing for everybody in the community to realize, and it's a good outreach. And we also deal with all sexual assault victims, but we're also victims of crimes, so we deal with all of that too. And unfortunately we deal with the sudden death and homicide, suicide. So we appreciate all your support always. CHAIRWOMAN HILLER: Can you describe a little bit of what you do also for the benefit of the community. MS. ENGLISH: Absolutely. Project Help is a 24/7 response, and we also maintain the crisis and sexual assault hotline. So we are able to help victims throughout the community in various ways. We have the forensic facility for all sexual assault victims for over the age of 12. And then again, we help all victims of crime. So probably about 5,000 clients a year that we deal with and help. And we help them from victimization all the way through prosecution. CHAIRWOMAN HILLER: Another great organization to support. MR. OCHS: And what is your name for the record. MS. ENGLISH: Michelle English, the Executive Director. CHAIRWOMAN HILLER: Thank you, Michelle. Page 13 April 9, 2013 Item #4D PROCLAMATION DESIGNATING APRIL 21-27, 2013 AS CRIME VICTIM'S RIGHTS WEEK IN COLLIER COUNTY. ACCEPTED BY ANGELA LARSON, VICTIM'S SERVICES SUPERVISOR, COLLIER COUNTY SHERIFF'S OFFICE AND BETTY ARDIA-MCGUIRE, STATE ATTORNEY'S OFFICE — ADOPTED MR. OCHS: Item 4.D is a proclamation designating April 21st through 27th, 2013 as Crime Victims Rights week in Collier County. To be accepted by Angela Larson, Victims Service Supervisor, Collier County Sheriffs Office, and Betty Ardia-McGuire, State Attorney's Office. And this item is sponsored by Commissioner Coyle. (Applause.) CHAIRWOMAN HILLER: We should get -- where's the child advocacy? Have they left? Oh, they did? That's unfortunate, because I was going to say, bringing them up at the same time makes sense. Would you like to speak? Would you like to say a few words? MS. LARSON: My name is Angela Larson and I supervise the victim and senior advocacy unit of the Collier County Sheriffs Office. The people that you saw with me are a team, a group here within the county that provide services to victims of crime, whether it's sexual assault, child abuse, the whole gamut. And this National Crime Victims Rights Week honors those that have actually survived victimization. And our goal is to help them return to the normalcy of their life as soon as possible in the best way possible so that they can stand proud. CHAIRWOMAN HILLER: That's wonderful. MS. LARSON: So thank you for your recognition. CHAIRWOMAN HILLER: Well, we really appreciate all you do. And as you know, at the last Board meeting, the Board Page 14 April 9, 2013 unanimously supported essentially a pilot program to support the victim advocacy organizations in the county and do everything possible to assist with seeing them get more funding, better service, everything possible to make it easier for you to do the great job you're doing. And the Sheriffs Office is also involved in that. So we want to really thank you all for what you're doing. You're the most important group out there. MS. LARSON: The people that are represented here are from first responders to the State Attorney's Office and long-term service providers. CHAIRWOMAN HILLER: Wonderful. We thank you all. Great job. (Applause.) Item #4E PROCLAMATION DESIGNATING APRIL, 2013 PARKINSON'S DISEASE AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY MICHAEL AND GRETCHEN CHURCH, PARKINSON'S ACTION NETWORK — ADOPTED MR. OCHS: Item 4.E is a proclamation designating April, 2013 as Parkinson's Disease Awareness Month in Collier County. To be accepted by Michael and Gretchen Church, Parkinson's Action Network. This item is sponsored by Commissioner Fiala. (Applause.) CHAIRWOMAN HILLER: Would you like to say a few words? MS. CHURCH: Yeah, please. CHAIRWOMAN HILLER: Go ahead. MS. CHURCH: We'd like to thank the Commission, as always, for being strong supporters of the Parkinson's community. We have a Page 15 April 9, 2013 great resource here in Southwest Florida with the Parkinson's Association of Southwest Florida. They have exercise programs, respite support groups. But above and beyond that, what Michael and I do with the Parkinson Action Network to the Florida State Directors, and we represent the 65 to 70,000 people in the State of Florida up on Capitol Hill and try to make sure that we're getting better funding for better research, greater treatments and hopefully a cure. This isn't your grandpa's disease, as both Michael and I have it, and we were diagnosed in our thirties. And that's part of this whole month is to create the awareness that -- of what it is, who is affected and that it's not only just the individual but it's all of the people around it that are affected. So again, we thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) Item #4F PROCLAMATION RECOGNIZING THE SPECIAL OLYMPICS OF COLLIER COUNTY (SOCC) FOR ITS WORK IN THE COMMUNITY AND TO RAISE AWARENESS OF ITS CAUSE. ACCEPTED BY DAVID MCKENZIE, COUNTY COORDINATOR, SOCC; SUE PALMER, FUNDRAISING DIRECTOR, SOCC; FRITZ SULLIVAN, MARKETING DIRECTOR, SOCC; MATT BERMAN, FOUNDER, STAND UP PADDLE (SUP); MJ WEIBLING, SUP COACH; TAYLOR MASIERO, SUP HEAD COACH; VIVIANA PANTOJA, ATHLETE AND MARTIN GRASSER, ATHLETE — ADOPTED MR. OCHS: Item 4.F is a proclamation recognizing the Special Olympics of Collier County for its work in the community and to raise Page 16 April 9, 2013 awareness of its cause. To be accepted by David McKenzie, County Coordinator, Special Olympics of Collier County; Fritz Sullivan, Marketing Director, SOCC; Matt Berman, Founder, Stand Up Paddle; M.J. Weibling, Stand Up Paddle Coach; Taylor Masiero, Stand Up Paddle Head Coach; Viviana Pantoja, Athlete; and Martin Grasser, Athlete. This item is sponsored by Commissioner Hiller. (Applause.) CHAIRWOMAN HILLER: Would you like to speak? MR. SULLIVAN: Yeah, I'd like to say -- CHAIRWOMAN HILLER: That would be great. MR. SULLIVAN: Good morning, everyone. I just want to say that this is near and dear to all of our hearts. But I just want to let you know that the team we brought this morning, thanks to Matt Berman and the folks from Stand Up and Paddle, Sweetwater, our two athletes and our coach, M.J., we have our fourth annual Stand Up and Paddle event coming to Bay Front on May 4th. But more important, I want to let you know, these folks right here have done the effort, and it is now a recognized sporting event for Special Olympics Florida. And they made it happen right here in Naples. (Applause.) CHAIRWOMAN HILLER: Can you -- for the benefit of the people who don't know, can you tell us what Stand Up and Paddle is about? MR. SULLIVAN: I think it would be better if I had Matt come up here and do that. Because Matt's the driving force behind it. Come on, Matt. If you explain what -- you stay on the board better than I do. MR. BERMAN: Well, the gentleman is here from Sweetwater Paddle; we owe a lot to them for helping train since day one, four years ago now. Page 17 April 9, 2013 I wanted to create something for the Special Olympic athletes that they can do on their own eventually with practice. In the first year we started they didn't even want to sit on the board. Down at Vanderbilt the -- CHAIRWOMAN HILLER: Can you tell everybody what standup paddle boarding is? There are people out there who may not know, even though it's gaining tremendous popularity. MR. BERMAN: Well, the abbreviation is SUP. And standup paddle is you're actually standing on a huge surfboard with a tall paddle and you're walking on water. And you can go as fast as you want or casual as you like. And anybody can do it. Pat Hughes is 83 years old. She said to me one day, you put me on the board, I'm going to paddle. I said, Pat, you have to kneel down first and stand up. She goes, son, I don't kneel down in church, I ain't going to kneel on a board. So I put her on the board. And she paddles and she takes Brian with her, they practice, and he's 69? 69 years old. So it's a great outdoor event for Special Olympics, it's a new sport for them, and it's just great to have it start here in Naples. CHAIRWOMAN HILLER: Great. Well, we can hardly wait for the event and we'll be cheering you on. Thank you for all you do. MR. BERMAN: Thank you. CHAIRWOMAN HILLER: And great job, athletes. (Applause.) CHAIRWOMAN HILLER: May I have a motion to approve the proclamations? COMMISSIONER FIALA: Motion to approve the -- CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: -- proclamations. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) Page 18 April 9, 2013 CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #5A PRESENTATION OF COLLIER COUNTY'S BUSINESS OF THE MONTH FOR APRIL 2013 TO LUTGERT INSURANCE. ACCEPTED BY BUD HORNBECK, PRESIDENT; PATTY HORNBECK, ASSOCIATE; SCOTT LUTGERT, OWNER; STEVE BENZA, VICE PRESIDENT; MARC WILLIAMS, VICE PRESIDENT & HOWARD GUTMAN, OWNER — PRESENTED MR. OCHS: Madam Chair, that takes us to Item 5 on your agenda this morning, presentations. Item 5.A is a presentation of the Collier County Business of the Month for April, 2013 to Lutgert Insurance, to be accepted by Bud Hornbeck, President; Patty Hornbeck, Associate; Scott Lutgert, owner; Steve Benza, Vice President; Mark Williams, Vice President; and Howard Gutman, Owner. (Applause.) CHAIRWOMAN HILLER: Would you like to say a few words? MR. LUTGERT: Well, thank you very much for this recognition. It's really quite fitting, as this is our -- we're celebrating our 60th anniversary in business in Collier County. In 1953 Roy Smith founded Smith Fletcher Insurance. Roy Smith was one of the first mayors of Naples. I think he served seven or eight years as mayor. We operated as Smith Fletcher until the year Page 19 April 9, 2013 2000 when the gentleman in front of you and myself purchased Smith Fletcher. We named it Lutgert Smith Fletcher, operated that way for five years, and then we dropped the Smith Fletcher and now it's just Lutgert Insurance. We have about 87 employees in five locations in Southwest Florida. We're an all lines insurance agency and very involved in the community, and we're very proud to be part of this great community of Collier County and all of Southwest Florida. Again, thank you very much for the recognition. CHAIRWOMAN HILLER: And we as a Board really want to thank you for your contribution which has been enormous on multiple levels. Your success as a business, your contributions to the community as philanthropists, your involvement in assisting so many who need help. Thank you. MR. LUTGERT: I'd like to give Scott recognition for his family for the Lutgert College of Business -- CHAIRWOMAN HILLER: Absolutely. MR. LUTGERT: -- at Florida Gulf Coast University, The Lutgert Duke Cancer Center, Scott's involvement with Naples Winter Wine Festival and on and on and on. It's been a great organization to be a part of, I can tell you that. CHAIRWOMAN HILLER: Absolutely, without any question. Thank you very much, Mr. Lutgert. (Applause.) CHAIRWOMAN HILLER: And if I understand correctly, correct me if I'm wrong, but wasn't the business school's MBA program touted among the top 50 in the nation? MR. HORNBECK: Yeah, the business school has been getting accolades. And, you know, the excellence of the entire FGCU has been increasing. CHAIRWOMAN HILLER: Absolutely. MR. HORNBECK: Of course so have the athletics. And we got Page 20 April 9, 2013 a lot -- CHAIRWOMAN HILLER: Go Eagles. MR. HORNBECK: -- of good applicants too for basketball coach, so we're coming -- we're going to be there. CHAIRWOMAN HILLER: That's great. MR. HORNBECK: So that's good. CHAIRWOMAN HILLER: Well, thank you again for all you've done. MR. HORNBECK: You're welcome. Item #6A PUBLIC PETITION REQUEST FROM RANDALL J. COHEN REGARDING PRACTICES AND PROCEDURES — MOTION DIRECTING THE COUNTY ATTORNEY TO TAKE THE ISSUES PRESENTED TO THE STATE ATTORNEY'S OFFICE AND FLORIDA BAR — APPROVED MR. OCHS: Madam Chair, that takes you to Item 6 on your agenda this morning, public petitions. Item 6.A is a public petition request from Randall Cohen regarding practices and procedures. CHAIRWOMAN HILLER: I would like to wait 'til Commissioner Coyle and Commissioner Fiala come back. It looks like they've just left the room for a minute. So we'll take a few moments and just wait for their return. Mr. Cohen, I hope you don't mind, since two board members have left, we'll wait 'til they come back. Thank you. COMMISSIONER COYLE: I have returned. CHAIRWOMAN HILLER: Thank you. MR. OCHS: Madam Chair, you may want to proceed and have Commissioner Fiala -- she may be in the back, she can still hear with speakers if she's otherwise predisposed. Page 21 April 9, 2013 CHAIRWOMAN HILLER: Let's just take a moment to read what's being presented to us. There's a lot of information here. And then we'll proceed. Mr. Cohen, where are you? Do you mind if we take a minute to read this? And maybe Commissioner Fiala will return in the meantime. The court reporter has a copy? You have a copy of this? THE COURT REPORTER: Yes, I do, thank you. CHAIRWOMAN HILLER: Okay, thank you. Has everyone had time? No, there's still one commissioner still reading. COMMISSIONER HENNING: I'm sure this is going to in part be read on the record, so why don't we begin. CHAIRWOMAN HILLER: Go ahead. Can you start the timer, please. MR. COHEN: For the record, Randall J. Cohen, 6064 Shallows Way, Naples, Florida. Commissioners, if you bear with me, I have an autonomic nervous system disorder which affects my ability to concentrate and when I'm interrupted with questions or comments, I lose my place. So I would appreciate it very much if any comments and questions might be reserved to the end of the presentation, if there may be some. This presentation is actually dedicated to the memory of Jim Mudd's integrity, ethics, morality and Jim's insistence to right wrongs in search for the truth in Collier County government. In that context, keep in mind please for the following 10 minutes that if it looks like a cover-up, smells like a cover-up, it probably is a cover-up. What I'm asking the BCC to do after the end of this presentation is place this item on the next BCC's regular agenda, and in that context request an independent investigation of this entire matter by the White Collar Crimes Division of the State Attorney's Office related to the Page 22 April 9, 2013 affidavit and related matters, ascertain the truth and veracity of the December 18th, 2009 anonymous letter that's attached, as well as Mr. Casalanguida's affidavit, completely investigate the roles of Mr. Casalanguida, the County Attorney's Office and the County Manager's Office in the context of the respected duties and responsibilities, take appropriate disciplinary action or remedial measures to completely address the items in the December 18th, 2009 letter, and Mr. Casalanguida's December 21st, 2009 affidavit, and also ask Mr. Casalanguida to provide proof of his college education as depicted on his Collier County employment application. Commissioner Hiller recently has repeatedly stated that she is a complete proponent of transparency, truth and trust in Collier County government. There is no constraint on truth in transparency in government with respect to the time and the truth as it relates to the current operation of Collier County government. Today we are going to delve into the truth in transparency in Collier County government. I was laid off by Collier County in December of 2009. At that time I was recovering from a significant surgery and bedridden. It was my fifth surgery. Unbelievably Mr. Casalanguida called me at home and stated on the phone the reason I was being laid off was to obfuscate my ability to collect disability. Unbeknownst to Mr. Casalanguida, once the disability application process begins, it triggers the disability eligibility determination, so the rationale for the layoff was without foundation. On December 18th, 2009 the BCC, County Manager, BCC candidates, including you, Commissioner Hiller, and numerous staff members received an anonymous letter pertaining mostly to Mr. Casalanguida. Would you put that on the visualizer, please. This is a public record provided by the county. Undoubtedly the author decided to remain anonymous. As the letter indicates, that Page 23 April 9, 2013 prior complaints to Mr. Casalanguida's boss, Mr. Norm Feder, resulted in no action by Mr. Feder, the Human Resources Department or the County Manager's office. According to the County Manager -- not only -- there was no investigation, not even a single inquiry. Why ask a question or investigate when you already know the answer? I think it's time for all of Collier County to know what is in the public record and what the truth is, as advocated by Commissioner Hiller. On December 18th, 2009 the BCC and County Manager received the letter that's on the visualizer, and let me read a significant excerpt. How can Human Resources agree to place a high school graduate with a long history of philandering with staff as a quasi-administrator of CDES? Nick has a reputation of not only sleeping with county staff, he has also a history of hiring his mistresses. Laurie Beard and Lisa Koehler are both mistresses of Nick's, and when he hired them he created an outcry in the Transportation Division, transportation staff around the building and its staff function (sic). Mr. Feder condones this behavior. He even called in a favor at the Water District Big Basin to transfer Lisa so staff morale would not continue to diminish. Laurie Beard on the other hand was so angry that she contacted Nick's wife and told her everything. Now Mrs. Casalanguida will have to explain to their three young daughters that daddy had to move out of the house because he can't control his sexual desires for county staff These aren't my words. This is a public document available to any resident in Collier County. Please note on Page 2 of the item, if you could place that on the agenda (sic), it was copied to all the County Commissioners at the time: The County Manager and County Commission, people running for County Commission, including Commissioner Hiller. The author of this letter was basically alleging that there was a rooster in the henhouse and if promoted Mr. Casalanguida, as that Page 24 April 9, 2013 rooster, he would have access to a hen farm. Please take the allegations into consideration, because of the Human Resources Practices and Procedures Manual. And I'm going to go ahead -- based on time, go ahead and truncate this. But it is policy of the county to prohibit romantic association of employees to the extent that one of the employees serves in a managerial and/or supervisory capacity. Mr. Casalanguida was that supervisor. And under item number three, the rationale, and most likely, is the potential likelihood of sexual harassment in the workplace. Furthermore, if fraternization occurs pertaining to sexual harassment, county employees must not engage in sexual harassment or false accusations of sexual harassment. Why is the provision important? Let's think about that. One of two things transpired here. Either there was sexual harassment or a false allegation of sexual harassment. Either way, if that transpires, your manual with respect to Human Resources practices and procedures calls for an investigation. If it's true or if it's false and somebody makes those allegations, you need to get to the bottom of the matter. Okay. Let's talk about the letter itself. Okay. It was written; it was anonymous. A lot of things are provided to the county anonymously. But what's more importantly, you know, the fact of the matter is, is both women did work for Mr. Casalanguida. With respect to Ms. Koehler, I observed interaction between Ms. Koehler and Mr. Casalanguida that would support the allegation. With respect to Ms. Beard, I called Mr. Casalanguida one day to talk about the Vanderbilt Beach Road extension and the Golden Gate Parkway extension as part of the AUIR and CIE. Ironically he wasn't there. Ms. Beard was on the phone crying. I asked her what was wrong, she told me that she was going to be fired. I asked her why. Page 25 April 9, 2013 I thought it was because of lay-offs. At that time she told me because she was having an affair with Mr. Casalanguida, that she had called his wife and Mr. Casalanguida was livid at her for doing that. In both instances I called Mr. Casalanguida after those -- the observation of the interaction, as well as the phone call. Ironically at that time I thought they were colleagues, I didn't realize they reported directly to him. I didn't realize that until I read the anonymous letter which triggered the HR question with respect to the violation of the policy. What's really interesting is there's no action taken by the County Manager's Office, according to the County Manager's Office correspondence I received. There's no investigation. There was no request for an explanation from Mr. Casalanguida. Yet Mr. Casalanguida provided an affidavit that was prepared by the County Attorney's Office, if you could put that on the visualizer. And in that affidavit Mr. -- and it was attested by an employee of the County Attorney's Office. Mr. Casalanguida states that he didn't have an affair with either one of these women and that it's a complete lie and fabrication. My question is this: County Attorney's Office works for the BCC. Mr. Casalanguida works for the County Manager. The County Attorney wasn't provided the document in question, yet he's providing an affidavit, which is a legal document, on behalf of Mr. Casalanguida, to refute what are supposed untruths in this letter. Who does the County Attorney's Office work for? Does he work for the Board or does he work for Mr. Casalanguida? And I raise the question because if there was the violation of the human (sic) practices and procedures manual, it's the County Attorney's Office which assists in the investigation of what would have been Mr. Casalanguida. Something is wrong in the process. Again, I'm going to leave you with this. My time is running out. You have before you a request for actions in your packet. I respectfully request that you place this on Page 26 April 9, 2013 your next agenda and take the actions that I set forth. Thank you very much. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Once the petitioner steps away from the podium, I will -- I'm ready to make a motion. CHAIRWOMAN HILLER: Okay. Thank you. COMMISSIONER HENNING: Madam Chair, I make a motion we direct the County Attorney to take legal action against Randall John Cohen, address 6064 Shallows Way, Naples, Florida, of defamation, including def-- and but not limited to defamation. That's my motion. CHAIRWOMAN HILLER: Any discussion on the motion? COMMISSIONER COYLE: There should be a second, and I'll second it unless the County Attorney has some objection to proceeding. MR. KLATZKOW: I don't know that he's worth the time. I mean, I'm happy to proceed, I just don't know that he's worth the time. COMMISSIONER COYLE: Well, I think I know why Commissioner Henning wants to do this. He wants to stop this kind of behavior. And I can remember a time when Randy Cohen was a very respected and valuable employee, and something happened, and it happened with him and not with Collier County. So I think this kind of behavior is inexcusable and so I will support Commissioner Henning's motion. Because I understand the value of defending the county and its employees against such allegations. So I think it's worth a try. And at least perhaps file a complaint with the Florida Bar. MR. KLATZKOW: Well, I'm happy to file a complaint with the Florida Bar. My concern is this is exactly what he wants to do, wants us to do. And I would expect some sort of counterclaim being filed seeking money. Because I think that's what this entire thing is about, Page 27 April 9, 2013 Mr. Cohen trying to extract money from the county. COMMISSIONER COYLE: Well, if that's your guidance, I can understand the logic in that. Commissioner Henning, would you reconsider and let's settle on a complaint to the Florida Bar? MR. KLATZKOW: And a reference to the State Attorney while we're at it. COMMISSIONER HENNING: Yeah, I'll amend my motion. Here's my concern. If we allow this from one former employee, it will -- my fear, it will continue. And it's just not productive. MR. KLATZKOW: I just say -- let me react to this in a different way other than filing a civil suit, and I think that the message will be sent loud and clear. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: So Commissioner Nance? COMMISSIONER NANCE: Yes, I actually think it's the responsibility of the County Manager to deal with these sorts of matters in the way he sees fit. And I think it's not the purview of the Board of County Commissioners, unless the County Manager would like to do that. I have complete confidence in Leo to manage personnel and make decisions that he feels are appropriate. And I would really defer on him. If he thinks there's no further action necessary, I would certainly support whatever action he feels that he needs to do to set this aside. I don't know that we need to jump over his head unless he feels like it's appropriate. So Leo, you know, I have full faith in your ability and feel real confident that you're able to deal with it. So what would you like the Board to do to support you? MR. OCHS: Commissioner, if you could just authorize me to work with the County Attorney to take the appropriate actions to chill this type of behavior in the future, I think that gives us the latitude, as Page 28 April 9, 2013 your County Attorney had just expressed, with my office's support to address these kinds of issues. COMMISSIONER NANCE: I would certainly like to support the County Manager and let him be able to resolve these things, because you don't know how many of these are going to come up over time, and I'm very supportive of the County Manager and his ability to manage staff. CHAIRWOMAN HILLER: I'd like to comment. It's actually a matter of law that it is the County Manager's duty to deal with these types of staff issues. If the Board of County Commissioners -- or I should say if the county faces a suit as a consequence of something that's going on within the county's administration side then we as a Board are going to hold you, the County Manager, responsible. So this is actually outside of our purview. And it is something that you do need to deal with as you see fit, and jurisdictionally is 100 percent in your court. If there is any legal action that faces the Board, then it does become the Board's issue with respect to defending the county. And to the end of the County Attorney, County Attorney, you need to do what is appropriate. It's my understanding that the County Attorney -- and obviously there is an issue that we need to make sure is clear going forward -- does represent the Board of County Commissioners, and also in that context represents administration; is that correct? MR. KLATZKOW: First and foremost I represent the Board of County Commissioners. And with that capacity, I support your staff. CHAIRWOMAN HILLER: Right. So to that end, if you would work with the County Manager to ensure that everything that is being done is legal and correct, I think that is the appropriate action. And do whatever is necessary to address this issue. Anybody can speak before the Board and, you know, state their Page 29 April 9, 2013 case. And we will give everyone the opportunity to be heard. And as long as everything is done within what's permitted by law. So do we have a motion that -- or should I say Commissioner Henning, would you like to retract your motion and -- COMMISSIONER COYLE: Before he does that, could I make a comment? CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER COYLE: My light's on. CHAIRWOMAN HILLER: Forgive me, I didn't see that. I apologize. COMMISSIONER COYLE: I don't agree with your position or Commissioner Nance's position. Because there are two issues here: One is the issue of discipline and performance of Collier County employees. That is clearly the purview of the County Manager. The other is an action by the County Attorney to provide support or to take action unilaterally on his own basis, based upon the guidance that we provide the County Attorney. So Commissioner Henning's motion, as I understood it, was to provide guidance to the County Attorney to take action with respect to any non judicial procedures that he recommends taking. And that is not an action that the County Manager is responsible for taking. CHAIRWOMAN HILLER: If I may clarify, just to -- what I heard was something different. What I heard as the motion on the part of Commissioner Henning was to file suit against -- COMMISSIONER COYLE: No, he -- CHAIRWOMAN HILLER: To direct the County Attorney to file suit against Mr. Cohen for defamation. COMMISSIONER COYLE: No, I think he said he was willing to reconsider based upon the County Attorney's statement. CHAIRWOMAN HILLER: Right. But that's -- we haven't got to that yet. That's what he was just in the process of doing. COMMISSIONER HENNING: No, I did that already. Page 30 April 9, 2013 COMMISSIONER COYLE: Yes, he did. So we've got -- the one action with the County Manager doesn't need any action on our part, okay, we only need to focus on the direction we're giving the County Attorney in accordance with Commissioner Henning's revised motion. CHAIRWOMAN HILLER: Can you restate your motion as revised? COMMISSIONER HENNING: That I made the motion to direct the County Attorney to take this issue to the State Attorney's Office and/or Florida Bar. CHAIRWOMAN HILLER: Is that your motion? COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: What's your position on that? MR. KLATZKOW: I think that's appropriate. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: And I second it. CHAIRWOMAN HILLER: Any further discussion on it? (No response.) CHAIRWOMAN HILLER: Mr. Cohen -- is he still here? MR. COHEN: Yes, ma'am. CHAIRWOMAN HILLER: You have the ability to take this to the State Attorney's Office independently also. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #7 Page 31 April 9, 2013 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Madam Chair, that takes you to Item 7, public comments on general topics. MR. MILLER: We have two registered speakers, today, Madam Chairman. The first registered speaker is Randy Cohen. Mr. Cohen? MR. COHEN: Thank you very much. The reason I'm here is at a recent meeting you provided a settlement to the Blockers in Immokalee for $500,000. At the meeting Commissioner Coyle, and correct me if I'm wrong, Commissioner Coyle, you made a statement on the record pertaining to the Board giving a directive to code enforcement to cleaning up Immokalee. Is that correct? I don't want to misstate anything. You had taken a trip out there I think and observed certain conditions and -- COMMISSIONER COYLE: No, there was a discussion, an allegation made that the Board had given direction to use the Code Enforcement Department to punish the Blockers. And I said I do not recall any such action being taken by the Board at any point in time for the Blockers or anyone else. So that was my comment concerning that item. MR. COHEN: Yeah. And that's my recollection as well. One of the things I wanted to talk about is in that process with respect to the Blockers there was an internal meeting in Community Development/Environmental Services, at which time before the Blocker case ever went to Code Enforcement the Code Enforcement Director was asked to meet with both Comprehensive Planning Department and the Zoning Department before making that presentation. That never occurred. That Code Enforcement Director proceeded without consulting the Comprehensive Planning Director, which was myself at that time, or the Zoning Administrator. That consultation didn't occur until the binding arbitration -- Page 32 April 9, 2013 before the binding arbitration hearing. And I just wanted to set the record straight for that so you're aware of the process that that transpired. COMMISSIONER COYLE: I'm not sure I understand the relation between that statement and the allegation that we used -- MR. COHEN: On the record there was a comment that was made that the Blocker property was inconsistent with the comprehensive plan -- COMMISSIONER COYLE: Okay. MR. COHEN: -- and that determination was never made before it was presented to Code Enforcement Board -- by the Code Enforcement Director at the time. And I just wanted to clarify the record. COMMISSIONER COYLE: Okay, thank you very much. MR. COHEN: I appreciate it very much. MR. MILLER: Your next and final public speaker for public comment is John Lundin. MR. LUNDIN: Hi. John Lundin. First I'd like to express condolences to the family of Barry Willoughby, the former head of the Naples Tea Party. He passed away suddenly the other day. I'd just like to say that's a sad thing. I'd like to speak to you today to discuss the issue of hydraulic fracturing of gas and oil here in eastern Collier County. Fracturing is an oil and gas exploration process where water is mixed with sand and up to 600 different chemicals, some of them known to cause cancer, which are injected deep into the ground at high pressure to release oil and gas for exploration. Currently in Florida legislature they're considering House Bill 743 and Senate Bill 1028, the Fracturing Chemical Usage Disclosure Act. Unfortunately the bills were written by the oil industry and they're full of loopholes that could threaten the environment here in Collier County, if fracturing ever actually comes here. Page 33 April 9, 2013 These bills, they don't -- the loopholes are they don't include the quantities or the concentration of the fracturing chemicals. And also it allows fracturing companies exemptions for trade secrets where they don't have to list the chemicals at all which may be used in the fracturing process. There's many environmental groups across the United States and Europe that oppose fracturing, because they include air, water, they threaten endangered species, they can cause micro earthquakes, and they also can -- examples in Pennsylvania of radioactive gasses being released from the process of fracturing. Now, the loopholes in this house bill, they mirror the Federal EPA exemptions. Pretty much the federal government allows the same exemptions. To give you an example, a few years ago when we had the BP oil Gulf spill, in order to dilute the oil in the oil spill, BP used a chemical disbursement, but they did not have to release the names of the chemicals or the quantities they were using. And to this day we do not know how much of this chemical was put into the Gulf, which could do a lot of environmental damage to the Gulf The State of New York, they are now considering a moratorium on fracturing. It's going through their House and their Senate. The Country of France, they banned fracturing outright. I originally got involved in this issue -- Commissioner Hiller, you sent me an email six months ago, in October, about an article in the News Press about a company in Immokalee that was considering doing fracturing, so ever since then I've been kind of aware of the issue. This company has decided they're not going to do fracturing currently in Collier County. They want to pursue traditional oil exploration. So I suggest that the Board of County Commissioners, if you're interested in this, that you hold a future workshop, have both sides of Page 34 April 9, 2013 the issue come in, have people who are for fracturing and against fracturing, and then determine if you think fracturing is doable here in Collier County. And maybe you'd want to make a regulation stricter than the house bill currently being passed. Thank you very much. CHAIRWOMAN HILLER: Thank you. Item #10A REQUEST FOR RECONSIDERATION OF ITEM #10H FROM THE MARCH 12, 2013 BCC MEETING TITLED: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT STAFF TO PREPARE SOLICITATIONS FOR THE POST OF COUNTY MEDICAL DIRECTOR AND DEPUTY COUNTY MEDICAL DIRECTOR; THAT THE POSITIONS OF COUNTY MEDICAL DIRECTOR AND DEPUTY COUNTY MEDICAL DIRECTOR BE POSTED TO ACCEPT APPLICATIONS BY APRIL 1, 2013; FURTHER, THAT STAFF BRING BACK A SLATE OF ALL APPLICATIONS RECEIVED FOR BOARD REVIEW AND CONSIDERATION BY THE FIRST BOARD MEETING IN MAY, 2013. THE SOLICITATION FOR THE POSITION OF COUNTY MEDICAL DIRECTOR SHALL PROVIDE THAT THE APPLICANT SHALL NOT BE AFFILIATED DIRECTLY, NOR INDIRECTLY WITH ANY LOCAL HOSPITAL. THE COUNTY MEDICAL DIRECTOR APPROVES THE COUNTY'S EMERGENCY SERVICE PROTOCOLS AND AS SUCH ALL CONFLICTS OF INTEREST IN APPEARANCE AND IN FACT MUST BE AVOIDED FOR ETHICAL AND LEGAL REASONS — MOTION TO RECONSIDER — FAILED MR. OCHS: Commissioners, that takes you to Item 10 on your agenda this morning, Board of County Commissioners. Page 35 April 9, 2013 Item 10.A is a request for reconsideration of Item 10.H from the March 12th, 2013 BCC Meeting. It was a recommendation directing staff to prepare solicitations for the post of County Medical Director and Deputy County Medical Director. This item has been brought forward by Commissioner Coyle. CHAIRWOMAN HILLER: If I may remind the Board, on any request for reconsideration, there is no discussion. COMMISSIONER COYLE: Okay. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Well, you said there's no discussion, so I'm waiting. CHAIRWOMAN HILLER: So basically if you'd like to make a motion. MR. KLATZKOW: Commissioner Coyle is entitled to state his reasons why he wants the Board to reconsider. CHAIRWOMAN HILLER: That's fine. But there is no discussion on what he will be presenting. COMMISSIONER COYLE: Okay. I will be very brief. The reason I'm asking that this be reconsidered is because I think we need to begin to treat employees professionally. Just a few months ago we changed our ordinance to require the evaluation of the Medical Director before we made decisions concerning the extension or termination of his contract. His contract does not expire until the end of September of this year. But here we are rushing headlong into trying to get an RFP on the street to get applications for medical directors in April. And we have not provided an evaluation which we are required to provide by our own ordinance. And there is no way that either the public or the Medical Director has to understand why this Board would move so quickly prior to the expiration of his contract to solicit applicants for the position. So my proposal is essentially this: That we take the normal Page 36 April 9, 2013 course of action, we evaluate our Medical Director, we discuss that evaluation in a public hearing, and the Board then can make a decision whether they wish to extend the contract of the Medical Director or put out an RFP. Proceeding the way in which we're proceeding is I think unprofessional, unethical and it discourages qualified applicants from wanting to work with this Board in view of the fact that we have treated so many of them so badly over the recent months. So my request is that the Board consider following our ordinance, providing evaluations for the Medical Director, making a decision in September or before the end of September about soliciting applications or extending the current Medical Director's contract. COMMISSIONER FIALA: Is that your motion? COMMISSIONER COYLE: That's my motion. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: So the motion is to provide for a reconsideration of the solicitation for the post of Medical Director? COMMISSIONER COYLE: Yes. CHAIRWOMAN HILLER: And we have a motion and a second by Commissioner Fiala. Any further discussion? COMMISSIONER NANCE: That would put it back on the agenda for discussion, would it not? CHAIRWOMAN HILLER: For discussion and vote. What this does, this does not reverse what the Board approved, it merely -- COMMISSIONER NANCE: Puts it back on the agenda. CHAIRWOMAN HILLER: -- puts it back on a future agenda for a vote anew. But the situation remains as-is until that future vote would be taken. Is there any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further -- do we Page 37 April 9, 2013 have any public speakers? MR. MILLER: No. CHAIRWOMAN HILLER: Okay, there being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. Motion carries 3-2 with Commissioners Fiala and -- MR. KLATZKOW: Motion fails. CHAIRWOMAN HILLER: I'm sorry. Totally, I'm so sorry. Strike. Motion fails 2-3 with Commissioners Hiller, Nance and Henning dissenting. Item #10B RESOLUTION 2013-87: APPOINTING FRANK C. DICKSON, II TO PELICAN BAY SERVICES DIVISION BOARD — ADOPTED MR. OCHS: Madam Chair, Item 10.B is appointment of member to the Pelican Bay Services Division Board. CHAIRWOMAN HILLER: Could you read the name? COMMISSIONER HENNING: I make a motion that we appoint Frank Dickson, applicant -- or the one that received the most votes in Pelican Bay. CHAIRWOMAN HILLER: It was the next highest vote taker in the last election. COMMISSIONER HENNING: Correct. COMMISSIONER FIALA: Second. Page 38 April 9, 2013 CHAIRWOMAN HILLER: I have a motion and a second. Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager, going forward, could you please, when you're making -- when you're reading this item, list the names of the appointments -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- or the recommended appointees -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- for all these appointments to these various boards? Thank you. Item #10C RESOLUTION 2013-88: APPOINTING MARK STRAIN TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE — ADOPTED MR. OCHS: Okay, 10.0 is appointment of member to the Affordable Housing Advisory Committee. COMMISSIONER FIALA: Motion to approve Mark Strain. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? Page 39 April 9, 2013 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries -- say that again? COMMISSIONER COYLE: All opposed, aye. CHAIRWOMAN HILLER: Okay. If everybody could please announce your votes, because it's very difficult. Again, I'm just going to repeat what I said at the beginning of this meeting, when I call for the vote, please say yea or nay. CHAIRWOMAN HILLER: So again, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Coyle dissenting. Next item on the agenda? Item #10D RESOLUTION 2013-89: APPOINTING DR. MATT EVERETT TO THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY — ADOPTED MR. OCHS: Yes, ma'am, Item 10.D is appointment of member to the Collier County Public Safety Authority. COMMISSIONER HENNING: Move to -- COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: Let the County Attorney (sic) state Page 40 April 9, 2013 the name. MR. OCHS: The recommendation is Dr. Matt Everett, representing the Physicians Regional Hospital. COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: Thank you. Do I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. County Manager, can we please move to -- I see Kathy Curatolo in the audience, and I believe she wanted to speak to agenda item -- MR. OCHS: 11.D. CHAIRWOMAN HILLER: 11.D. Could we move forward with that item so that she is able to go back to work on behalf of her industry? MR. OCHS: Certainly. CHAIRWOMAN HILLER: And the school district and all the other stuff she's doing? Item #11D RECOMMENDATION TO AUTHORIZE THE CONVERSION OF TWELVE PERMITTING AND INSPECTION JOB BANK POSITIONS TO FULL TIME EQUIVALENT POSITIONS FOR Page 41 April 9, 2013 FUND 113, FIVE PLAN REVIEW AND INSPECTION JOB BANK POSITIONS TO FULL TIME EQUIVALENT POSITIONS FOR FUND 131 AND ONE NEW FULL TIME EQUIVALENT POSITION FOR FUND 113 — MOTION TO APPROVE AND DIRECT STAFF TO PROVIDE AN ANALYSIS OF REVENUE VS. SUPPORT COST FOR FUTURE FEE ADJUSTMENT — APPROVED MR. OCHS: Yes, ma'am. Item 11.D is a recommendation to authorize the conversion of 12 permitting and inspection job bank positions to full-time equivalent positions for Fund 113, five plan review and inspection job bank positions to full-time equivalent positions in planning and development Fund 131, and one new full-time information technology manager in our planning and development. MR. MILLER: Madam Chairwoman, you have two registered public speakers for this item. CHAIRWOMAN HILLER: Thank you. MR. OCHS: Mr. Casalanguida will present. MR. CASALANGUIDA: Good morning, Commissioners. For the record, Nick Casalanguida. What you have in front of you is a proposal to convert some job bankers that we have on staff to full-time equivalence, except for one. One is a new position, which is an IT position. Again, I want to thank the County Manager and Jamie French and all his staff at former Community Development but now Planning and Regulation. They are a terrific team. We work great together. And also recognize our two speakers, our industry partners. We have CBIA and Development Services Advisory Committee members here, all which we've worked with over the past two to three years to continue to improve things in Planning and Regulation side. That fund is an enterprise fund, so it's not a general fund we have Page 42 April 9, 2013 in the county. It's based on revenues and expenditures. And we adjust the funding and the staffing based on that accordingly. What you have is a proposal to convert some job bankers to full-time employees and one new IT person. The only difference between really a job banker and a full-time equivalent is pretty much the vacation days, the sick days and the paid holidays. There's not much of a difference between those in terms of pay. Roughly one-twelfth you could look at in terms of the salary. So what you're seeing is that we're bringing in some folks in the 113 Fund, about 10 of those folks in that area, which is the building fund. And I'll just give you a feel for what's going on in the one and two-family homes markets there. You can see we're doing almost twice as many as we are in Lee County. And that's shocking. That's a county twice our size and we're doing twice as many single-family -- CHAIRWOMAN HILLER: That's not shocking, that's great. MR. CASALANGUIDA: That's great. CHAIRWOMAN HILLER: Let's phrase it in the positive, please. MR. CASALANGUIDA: I mean, if you look from 2010, when we were doing 774 one and two-family homes to now, 2012, is 1,273, and we've only got a little bit of the FY 13 numbers in there. But we're on track to beat 1,273 if not, you know, a little bit higher than that. So you're seeing a tremendous rebound in one and two-family homes. So the revenue side, our budget reserves in FY 113 and 113 (sic) is roughly 1.7 million. If we continue the trend we're on right now, we're going to double that. So that says a lot. Now the County Manager has been signing job bank forms I send up to him for the past 12 months. Those are requests for what I would call permanent but non full-time employees. Our goal is to have a 10-percent cushion of job bankers and then have the Nova on-call contract going forward. Page 43 April 9, 2013 So as we adjust our staffing levels, we always want to have that cushion. Now, the NOVA on contract call is when we have that immediate spike. If we get something like the Arlington we've been talking about, a large development coming in and we need immediate help, we can pull that, and that gives us time to bring job bankers on. So that's the request in front of you. With budget reserves in 131 they're 1.3 million, and we're on track to almost double those as well too. So five of these employees will be going into the 131 area, because that's where we're seeing the uptick right now. I'll give you the slide that shows that. So the difference between 113 and 131, 113 is your building side and your 131 is your land development side. So plots, rezones, site development plans and things like that. So the 131 side is now starting to see that phase tick up. You can see where Hacienda Lakes was approved, the plots that are coming in and the SDPs are coming in. And there's that demand of commercial to follow the single-family homes. And then the additional position is going to be housed in 113 but will be split pay with 131 and general fund, which is the IT manager. We have SIRE Active Review that we're doing, we have CityView and Asset Management. All those things in working with Len's division to have an IT person in-house that actually kind of has a dual reporting role to IT and to the division itself. So we're -- we have sufficient funds in both enterprise funds to cover these positions. Our goal is to increase only the amount that we have a 10 percent cushion of job bankers above that, and the on-call contract. And we'll do this review annually or sooner or later as we need to with the Board. And if we normalize then we'll come back and talk about fees. Because I think at that point in time, you know, we'll look to see if our fees might be too high in certain areas. Page 44 April 9, 2013 So with that said, I'll let the public speakers or entertain any questions from the Board. CHAIRWOMAN HILLER: We have three Commissioners who would like to speak, but if you would, Nick, could you please put some additional information on the overhead? Can you show the positions that you're creating and the salaries that will be paid for these positions so everyone can understand the dollar amount that we're talking about? And for the benefit of the public, the salaries for these positions are not set by Growth Management but rather by Human Resources where they do an analysis relative to the market to determine what a fair wage is for what's being proposed. MR. CASALANGUIDA: Sure. On the 113 side, and I'm reading upside down, planning and permitting technicians, front counter help, customer service specialist, planning technicians that deal with plan review, building inspectors, plumbing and mechanical review and structural reviewer. So these are reviewers and planning folks that do the management of the day-to-day plans and reviews. And field inspectors as well too. CHAIRWOMAN HILLER: And do you have the salaries for these positions? MR. CASALANGUIDA: They range, ma'am, anywhere from 30 to $80,000, typically. CHAIRWOMAN HILLER: It would be beneficial for us to see if you could take a minute and come up with the salaries for each of these positions so we know what the total cost is. Because it's important to understand how the revenues which are generated by fees, not -- you know, these positions are not paid by property tax dollars. They're paid by fees generated in the Growth Management Division. Because it is an enterprise fund. And I think it's important to see what these additional costs -- how these costs will be offset by the increase in revenues attributable to the increase in volume of activity Page 45 April 9, 2013 in that enterprise fund. MR. CASALANGUIDA: Sure. CHAIRWOMAN HILLER: And while you're putting that on, let me go back to the statement you made with respect to adjusting the fees overall. To the extent that we -- we actually have an affirmative duty to adjust our fees where our costs are not commensurate with those fees, to bring them in line. So after you do the adjustment with your payroll to ensure that the level of service is maintained, we do need to go back, and that should be part of the motion to -- if a decision of the Board is to approve this, to review the fees. And to the extent that our revenues exceed the cost, to adjust the fees downwards so that there is a match between the revenue and the cost side at the enterprise fund. MR. CASALANGUIDA: Sure. Ma'am, for the rest of the fiscal year, the difference in cost between the job bankers and the full-time equivalents is 174,000. The difference in cost annually is about 419,000 between the two different job specs. Our budget reserves in FY 13 for 113 is 1.7 million and 131 is 1.3 million. And as I noted, we're on track to double that. So if you look at the delta between those two, there is more than sufficient revenue. What we will do, going into the budget, because that's where we'll really get into the details about job bankers, is we'll work with the County Manager's Office to develop what is still that management plan and continue to be business friendly and budget in more job bankers. So I would look at -- if it was a bar chart you'd have FTEs with a cushion of job bankers with some on-call services. So the annual difference, about 419,000, and we've got about over $2 million in reserves extra to cover that right now. Now, that only means that's that snapshot in time. When we go into budgets, some of that reserve will go into the job bankers that will forecast our FY14. But we won't go into that now because that's Page 46 April 9, 2013 probably a budgetary discussion. COMMISSIONER HENNING: I have a question. CHAIRWOMAN HILLER: Go ahead. COMMISSIONER HENNING: These are frozen positions right now? MR. CASALANGUIDA: Well, I guess you would call them frozen. They're not in our FTE booklet -- budget book right now. They're just job bankers. So they're not -- we don't have frozen position anymore. Actually, the County Manager and the O&B office, we've eliminated all FTEs. It's what you have are what you have. There are no frozen positions. COMMISSIONER HENNING: So you're going to have to -- those -- ramping up in all the divisions, I would imagine, if that's what we did, then you're going to have to come back to us for each one of those positions. MR. OCHS: That's correct, Commissioner. COMMISSIONER HENNING: Okay. So what is the IT person -- what is the split between the enterprise fund and the general fund and why? MR. CASALANGUIDA: I think we're going to reconcile that as we go forward. And the reason why is because they're going to work on asset management as well too. The plan with the IT Department is to have one embedded IT type manager in each division that manages the rules that the IT sets, but works for those divisions. With us going into SIRE Active Review and have turned that on, they're the ones that -- the person I would call if I get a phone call at 10:00 at night, says the system's down, I would call our IT manager for that division. Because they would be specifically for that. Going forward, we're doing asset management. So a portion of that person's time will make sure that whatever we purchase or we implement is consistent with IT policies. Page 47 April 9, 2013 COMMISSIONER HENNING: How many divisions do you have? MR. CASALANGUIDA: There are four divisions, sir. COMMISSIONER HENNING: You have four divisions? MR. CASALANGUIDA: No, I have two sections: Construction and Management and Planning and Regulation. But there are four divisions. We have two subsections in our division. COMMISSIONER HENNING: So you have one division in yours? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: So you're talking administration? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Gosh. Okay. MR. CASALANGUIDA: If I had to hazard a guess on time, it would probably be 70 percent dealing with CityView and SIRE and about 30 percent with Asset Management, in terms of what their job responsibilities would be. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: I just want to say, first of all, what a positive, positive step this is going forward. I get over to growth management a lot, and they're just running around like chickens with their head cut off there's so much work going on right now. Which is a wonderfully positive thing. Commissioner Hiller just went up to Tallahassee last week and received an award from the Governor for the highest growth -- highest rate of job growth in the State of Florida. And there might even be another thing that she will add to that a little bit later about the nation, but I'm not going to go there right now. But that is a wonderful thing in itself. And to double what our neighbors are doing in the next county up I think is so positive. Page 48 April 9, 2013 In fact, what I've been hearing from the developers that I've been speaking to recently are they're getting worried about not enough construction workers to fill the jobs. I'm sure you're aware of that as well. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER FIALA: And so they've said that the price of the materials has gone up because there's so much required that it's going up, plus the price of employees, construction employees, because there's so few that they get to pick from anymore. And so you're going to find that the construction costs are going to be going up just because we're growing so fast. So, you know, I think it's all a wonderful, wonderful asset. And for those who are looking to Collier County as far as bringing their businesses here, now is the time. We're wide open and ready to embrace new businesses. And you can see that other people are already coming in. So I just wanted to get this on a positive note. CHAIRWOMAN HILLER: I really appreciate you sharing those thoughts and words. It's wonderful. You're absolutely right, we did receive an award and there will be a formal presentation of that award at the next Board meeting, since we received the award after the agenda had dropped. So we are waiting on the video from Governor Scott's office and the best possible photographs to let everybody see just what a momentous occasion that was. And it's really -- it's unbelievable. We're number one in the state for job creation. And as I understand, we rank in the top five percent of, you know, larger jurisdictions in the nation. So we are doing exceptionally well. And as a county we ought to be commended. MR. CASALANGUIDA: Ms. Chairwoman, I need to add, he's panting as he walking up to the microphone, and he doesn't really need to say anything other than -- I want to acknowledge, it is truly -- and I think CBIA is going to tell you that. You're going to have the Page 49 April 9, 2013 best regulatory department in the state when we're done. And folks like Jamie and the rest of the management team and the individual staff that does that, I'm telling you, I can call him on Sunday night and go over project issues that we have, I get phone calls -- CHAIRWOMAN HILLER: That's so unfair. MR. CASALANGUIDA: It is unfair. CHAIRWOMAN HILLER: That is wrong. Leo, do something about that. That's abuse. MR. CASALANGUIDA: But Ron Waldrop will call me any time, you know, we'll meet and we'll go over projects that we're dealing with. But if he hadn't stepped up last year when Norman retired and the division had kind of merged and I started spending more time on the other side, things wouldn't have gotten done as well as they've gotten done. The rest of the management team, and most importantly, each one of your staff members you should be proud of, because they are putting in some significant effort and they are committed to that customer service that you speak so highly of. CHAIRWOMAN HILLER: That's wonderful. And just to confirm, essentially what this will do, which is basically creating five plan review and inspection job positions to full-time positions and one -- adding one new full-time equivalent position for Fund 113 -- and that's your IT person? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: -- will basically maintain that high level of service that you are -- MR. CASALANGUIDA: And improve it. CHAIRWOMAN HILLER: And improve it, which is a good thing. Commissioner Nance? COMMISSIONER NANCE: Yes, Nick, I'm just doing the math Page 50 April 9, 2013 in my head here, but the annual difference, and just for clarification for everybody in the audience that might be watching, the difference between the job bankers and the full-time equivalents are somewhere between 20 and $25,000 for employee average. I know there's a big difference, but basically that supports health insurance, life insurance and contribution to the Florida retirement system; is that right? MR. CASALANGUIDA: Right. Well, the health insurance -- the health insurance and the Florida retirement insurance is required under that new Obama Care that's coming out. So it's roughly the one-twelfth and some other things. Their equipment that they'll need. Some of them they already have. But it's that 11 paid holidays, two weeks vacation and the sick days that you don't get as a job banker. If we're closed, they don't get paid. COMMISSIONER NANCE: Well, that's going to allow you to hire people that are looking for full-time employment and that are more highly qualified people. MR. OCHS: Yes, sir. MR. CASALANGUIDA: That's the key. COMMISSIONER NANCE: In addition, I would like you -- you know, in our conversations yesterday you indicated to me that you're going to maintain your tiered approach to adding personnel as the economy grew out there, and you were going to maintain the job bankers and the on-call employees. Because obviously, you know, as we ramp back up where it's going to be in fits and spurts and that's going to allow you to manage that. So how many people -- what percentage of your work force do you anticipate you're going to continue to maintain as job bankers and on-call employees? What sort of a tier do you have there? MR. CASALANGUIDA: Roughly 10 percent, sir. And we're going to do something pretty innovative coming up. We're going to work with our HR Department. What I've asked the directors to do is identify single-serving position. You say, what do Page 51 April 9, 2013 you call single-serving positions? But such as well permits. I think there's an abundance of retired folks here that would like to work 10 to 20 hours a week. And if we can identify 10 to 20 or 30 positions of what I'll call single serving, they do this, and we -- you can build your schedule with us. If you want to work from 9:00 to 12:00 every day of the week, and we're looking for a three to five-year commitment because we're going to have to invest some time to train you, we're going to try and do a job fair in Growth Management and try and fill those positions. Because I think -- when we talked to our staff, the feedback Jamie and I get and the managers give me is these obligations and distractions for these single-serving functions take them away from their core work. So that's an interesting proposal I think you're going to hear a little about -- COMMISSIONER NANCE: You need to get Stan back on the payroll here, because he obviously has too much time on his hands. CHAIRWOMAN HILLER: Has too much time kayaking and doing Velo. It's like -- MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER NANCE: Well, I commend you on your approach. I thought it was very innovative. Thanks a lot. CHAIRWOMAN HILLER: I'd like to go ahead and make a motion. We have public speakers. I would like to make a motion ahead of the speakers and that is to approve shifting the five job bankers to full-time equivalent positions. And that would be five plan review and inspection job bankers for Fund 131, and one full-time equivalent position to be created for one -- Fund 113, to provide IT support in light of the way that the system has now moved to electronic filing. COMMISSIONER FIALA: And I'll second that motion. MR. CASALANGUIDA: Ma'am, you're missing the -- Page 52 April 9, 2013 CHAIRWOMAN HILLER: Wait, I want to make a part two. COMMISSIONER FIALA: Oh, okay. CHAIRWOMAN HILLER: And part two of that motion is to have staff do an analysis of revenues versus cost of support and bring back a proposal to reduce fees proportionately. MR. CASALANGUIDA: You missed the 113 folks. MR. OCHS: There's a top line on that -- COMMISSIONER NANCE: Twelve of them. COMMISSIONER HENNING: Twelve. 113. COMMISSIONER HILLER: Oh, 12? COMMISSIONER HENNING: Yeah. MR. CASALANGUIDA: Total of 18. COMMISSIONER HILLER: All right. I was referring to the executive summary. My apologies. So 12. Correct my motion. And like I said, part two is to direct staff to bring back an analysis to show the ratio of revenues to cost and adjust fees downwards to the extent that it can be done. COMMISSIONER HENNING: I'll second that motion. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: Before I call for the vote, let's hear from our public speakers. CHAIRWOMAN HILLER: Your first public speaker is Kathy Curatolo. She'll be followed by Ron Waldrop. MS. CURATOLO: Good morning, Chair Hiller, Commissioners. Thank you for the opportunity to speak with you this morning. We work regularly with the Growth Management folks and frankly we are quite pleased with the progress that we are making in development also. Critically important to that process is a culture in Growth Management that supports these increases in development in building. Page 53 April 9, 2013 So we are pleased to support changes from job bankers to full-time positions, because it really solidifies the culture for consistency and sustainability. I thank you for the opportunity. I also have some letters of support that I would like to share with you from our builder leaders who frankly were too busy to join us this morning. CHAIRWOMAN HILLER: So could you please read the names of the builders and the companies that you're associated with? You don't need to read the letters. Introducing them into the record would be sufficient. MS. CURATOLO: Neal Communities, Michael Greenberg, Taylor Morrison, John Asher, Stock Development, Bob Imig. CHAIRWOMAN HILLER: That's great. Thank you very much. Kathy, would you please work with staff on analyzing the fee structure? Because in light of what's being forecasted, it does appear that there could be very realistically a justification for reducing the fees in light of what Nick said could be the future reserves based on the volume that we're anticipating. And be a part of that process. MS. CURATOLO: We are happy to do so. CHAIRWOMAN HILLER: Thank you. MS. CURATOLO: Thank you. MR. MILLER: Madam Chair, your final public speaker on this item is Ron Waldrop. MR. WALDROP: Good morning. Thank you, Commissioners, for allowing me to come up here. I just wanted to voice my support for the efforts that Nick and his group have gone through. I represent Waldrop Engineering. We're a land development consulting firm with civil engineering, planning and landscape architecture. So we have seen a huge increase of activity over the last year and a half. We've actually doubled our staff in that time frame and have been expanding our offices. Our clients as well have started to hire additional people, and so we work with the groups that just went on record and also with Page 54 April 9, 2013 some other groups like Pulte and Kitson, and they're all in big support of this. They're all so busy that they all have to keep working away. And I actually myself need to get back out of here soon. But it was so important to come down to say that staff has done a wonderful job, they've been great to work with. They're always there to try to get the solutions that are in the best interest of the projects, the public, and what we're trying to do. And so it's really been a great full team effort. And the one thing that's been hard coming out of this recession is everybody's been depleted and we need those extra resources now, because it's definitely there, we've seen it, we've already been going through the first wave of it. And then all of our groups are continuing to be successful. So we see the next wave is going to be coming also. So we see this as being a very, very important effort. We want to keep the staff, you know, because they're already working so hard and you want to keep them happy and keep them in the group and then add these other good people so that we can have a great team and continue forward to make Collier County as great as it is and even better as we go forward in the future. CHAIRWOMAN HILLER: Could you stay for a moment? Commissioner Fiala wants to make a comment. COMMISSIONER FIALA: Just a fast question. It's kind of a side note to this. But a lot of the construction workers left when we went into the downturn. Is CBIA trying to do anything to recruit them to come back or to recruit new construction workers down here? MR. WALDROP: Well, I think it has been a difficult process going through trying to find good talented people, because most the people did leave the area. I'll speak specifically for our company, we are looking for several positions, and so we've posted out on the Internet sites and through different vehicles, and we've actually been happy to find there are Page 55 April 9, 2013 some good candidates that are out there that are looking to come back to the area. We personally had several people that used to live in our area had to move away to get positions and they ended up in Louisiana and then they've come back to the area. We also had one that was up in Gainesville that's from this area that has just recently come back. And so we're starting -- the word's starting to get out there, people are starting to understand it and they're starting to work their way back here. And I think as things improve -- I think those people are ready to come, they just need to know that it's improved and that things are going to work out. COMMISSIONER FIALA: And maybe by the award you just took, that will also be a vehicle for them -- CHAIRWOMAN HILLER: It will. COMMISSIONER FIALA: -- to attract more. CHAIRWOMAN HILLER: It will. And like I said, the presentation will be made at the next Board meeting, and I'd encourage you to, you know, let everybody know that we are definitely the place to be. MR. WALDROP: Exactly. I agree. And I thank you for your time. CHAIRWOMAN HILLER: Thank you. I think before I call the vote, I just want to repeat that these positions are self-funding because this is an enterprise fund. It is the objective to reduce the fees to the extent possible, given the volume of growth and what we know our costs to be. So overall this is very positive because the hope is to, you know, basically help the building industry regain its momentum and do it as effectively and efficiently as possible. And with that I'm going to call the vote. All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 56 April 9, 2013 CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Madam Chair, it's time for the court reporter's break. CHAIRWOMAN HILLER: Yes, it is the time for a break. We'll take a 10-minute break. We'll be back at 10:45. (Recess.) CHAIRWOMAN HILLER: We're back in session. County Manager? Item #1 1 A RECOMMENDATION TO AWARD BID #13-6040 "DORAL CIRCLE WATER, WASTEWATER, AND STORMWATER SYSTEM REPLACEMENT," IN THE AMOUNT OF $2,368,450 TO DENCO CONSTRUCTION INC., FOR REHABILITATION OF POTABLE WATER, SANITARY SEWER, AND STORMWATER MANAGEMENT SYSTEMS SERVING THE DORAL CIRCLE SUBDIVISION, PROJECT NOS. 71010, 70046, 70043 AND 60125 — APPROVED MR. OCHS: Yes, ma'am. We move to Item 11.A. It's a recommendation to award Bid Number 13-6040, Doral Circle Water, Wastewater and Stormwater System Replacement in the amount of $2,368,450 to Denco Construction, Incorporated, the low bidder for the rehabilitation of the potable water sanitary sewer and stormwater management systems serving the Doral Circle subdivision. Dr. Yilmaz is prepared to make a staff report or answer Board Page 57 April 9, 2013 questions. COMMISSIONER NANCE: I'll make a motion to approve. COMMISSIONER FIALA: I'll second that. CHAIRWOMAN HILLER: Is there any discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER FIALA: See what you get for giving such a good presentation, George? CHAIRWOMAN HILLER: But I have to say, George, trying to get ayes and nays out of this Board is -- I swear, how many times? Can you help me? Can you like tell them that they have to like say aye, or yes or aye or whatever. MR. OCHS: Saying nothing is optional, George. COMMISSIONER FIALA: That's a smart move. CHAIRWOMAN HILLER: The philosophy on this Board is silence is consent, right? COMMISSIONER FIALA: By the way, just as a side note on this, when we did their -- our speech to their annual homeowners association, and the whole team was out there and so I was able to get firsthand how they felt about all of that. So that was why it was very easy for me. I was wishing I could make the motion, being in my district, but I wasn't able to do that, but at least I could second it. Thank you. Page 58 April 9, 2013 MR. OCHS: Very good. Thank you -- COMMISSIONER HENNING: Madam Chair, in the future can we get how many residents and businesses this is going to serve? MR. OCHS: Certainly. COMMISSIONER HENNING: You know, we know that this is one of many rehabs that we're doing. MR. OCHS: Yes, sir. COMMISSIONER HENNING: Thank you. CHAIRWOMAN HILLER: Absolutely. That's a very good suggestion, Commissioner Henning. COMMISSIONER HENNING: Then we can break it down for cost. MR. OCHS: Absolutely. CHAIRWOMAN HILLER: No, it's very smart. I agree. That really shows what benefit is being provided by the investment. And it's important that the community sees what the return is. MR. OCHS: Will do. Thank you. CHAIRWOMAN HILLER: Next item? Item #11B RECOMMENDATION TO DIRECT STAFF TO ADVERTISE AND BRING THE BOARD A PROPOSED ORDINANCE PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS PURSUANT TO PASSAGE OF FLORIDA CONSTITUTIONAL AMENDMENT 11 ON NOVEMBER 6, 2012 — APPROVED MR. OCHS: 11.B is a recommendation to direct staff to advertise and bring to the Board a proposed ordinance providing for an additional homestead exemption for certain qualifying senior citizens pursuant to passage of Florida Constitutional Amendment 11 Page 59 April 9, 2013 on November 6th, 2012. Mr. Isackson is prepared to make a presentation or respond to Board questions. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. MR. ISACKSON: Thank you, Commissioners. CHAIRWOMAN HILLER: Okay, at least someone gets it. Thank you. COMMISSIONER COYLE: No. CHAIRWOMAN HILLER: Are you really voting no? COMMISSIONER COYLE: No. CHAIRWOMAN HILLER: Don't confuse me. COMMISSIONER COYLE: You just wanted to hear no from time to time, so I was trying to keep you happy. CHAIRWOMAN HILLER: All right, motion carries unanimously. MR. OCHS: Thank you, ma'am. Item #11C RECOMMENDATION TO APPROVE THE POSITION DESCRIPTION, SALARY RANGE AND EMPLOYMENT AGREEMENT FOR THE COLLIER COUNTY HEARING Page 60 April 9, 2013 EXAMINER — APPROVED Takes us to Item 11.C. It is a recommendation to approve the position description, salary range and employment agreement for the Collier County Hearing Examiner. Ms. Len Price will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: I have two seconds. Who's going to take the second? COMMISSIONER NANCE: Commissioner Fiala. CHAIRWOMAN HILLER: Okay, Commissioner Fiala. Commissioner Fiala wanted to -- COMMISSIONER FIALA: Just a fast question. On the other -- the six items down there, a couple of them I think we need a clearer definition. Like, for instance, what does minor conditional use mean? CHAIRWOMAN HILLER: And you're absolutely right. And that actually is going to be addressed by the County Attorney in the rules and regulations which will come back which will define what minor is. And what was the other definitional -- there was the word minor and -- MR. KLATZKOW: The other issue is the recusal of the -- CHAIRWOMAN HILLER: No, another definitional issue. There was one more definition that -- COMMISSIONER FIALA: Wasn't it variances? CHAIRWOMAN HILLER: No, but minor definitely will be -- COMMISSIONER FIALA: Good. CHAIRWOMAN HILLER: -- defined. COMMISSIONER FIALA: And I just wanted to put that on the Page 61 April 9, 2013 record. I knew that already because I already spoke to staff about that, but I feel that all out in the public ought to know also that we're going to be coming back with definitive meanings for these things. CHAIRWOMAN HILLER: Yeah. There will be definitions -- for anything that requires a definition, there will be a definitional section to the rules and regulations governing that office. Commissioner Nance? COMMISSIONER NANCE: Yes, I believe Commissioner Coyle was first. No? COMMISSIONER COYLE: No, I was last. COMMISSIONER NANCE: All right, sir. I just wanted to say one thing. I like where we are so far. I think perhaps in either section four, which is conduct in meetings, or section five, powers and duties, wherever it fits in the best, I think we should make a statement memorializing the public process. We should include the development of a public process and participation for stakeholders and citizens, to make sure that they have an opportunity to work with the hearing officer to maintain the transparency that we try to put in each one of our administrative changes that we've been making recently. Whichever -- you know, whichever is an appropriate place to insert that. Just to make sure -- I've received some comments on that and they've all been good, but they've also mentioned that they want to make sure that there is a public process or a time for people to meet with the hearing examiner. MR. KLATZKOW: And you want that in the job description? COMMISSIONER NANCE: Well, I don't know whether it should properly be under powers and duties or whether it should just be stated under -- perhaps maybe Section 4, Conduct of Meetings, Reports and Records. Because you've got Rules of Procedure in there. CHAIRWOMAN HILLER: And I think the point there -- but Jeff, correct me if I'm mistaken, we don't have ex parte issues with respect to this hearing position, or are there? Page 62 April 9, 2013 MR. KLATZKOW: No, the -- my understanding is the direction that we're taking, this is more of a facilitator. CHAIRWOMAN HILLER: Right, exactly. MR. KLATZKOW: So that there won't be -- ex parte is a wrong word. There will be discussions -- CHAIRWOMAN HILLER: Right. MR. KLATZKOW: -- between the hearing examiner, staff and the applicant, in an effort to get these things quickly moved through the system. CHAIRWOMAN HILLER: So does something like what Commissioner Nance is saying, would that be more appropriately addressed in the Rules and Regulations? MR. KLATZKOW: I think that's a very good place to put it. MR. OCHS: I concur, Madam Chair. And Commissioner, if that works for you -- COMMISSIONER NANCE: Whatever everybody is comfortable with. I just thought just a statement of support for public participation would be wonderful. CHAIRWOMAN HILLER: I agree. COMMISSIONER FIALA: I also got that input. CHAIRWOMAN HILLER: Yeah. And I don't think that's a bad suggestion, because that is what we want. But I think there needs to be clarification that this position is not akin to for example what Lee County does. It's not a similar type position. MR. KLATZKOW: Agreed. CHAIRWOMAN HILLER: So that's the distinction. Which is why I think the Rules and Regulations is more appropriate. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'd just like to get the County Attorney on record as to why you do not think it is necessary to have a lawyer fill this position. MR. KLATZKOW: Because this position at the end of the day Page 63 April 9, 2013 isn't designed to be a quasi judicial hearing. The position, as I understand the direction of the Board, is you want somebody who will be working with the applicant, to be working with staff to be able to facilitate applications to reduce the time that's required to get these applications processed, to break headway. Often the complaints I hear from developers is that they'll get into an impasse with staff and we don't really have a mechanism to break that impasse. And months and months can go by without anything happening. And there's a frustration level by both the developer who believes staff is not responding; the staff who believes the developer is not submitting proper applications. And one of the advantages of setting it up this way would be to have your hearing examiner, somebody who is well versed in your land use regulations, to sit down with both and try to in essence find middle ground to get these things through. If what you want is a true hearing examiner where you're having a quasi judicial, then we need to go back to square one and reset that to more of the Lee County mechanism where you'll be having an adversarial process. That's not the process we've developed here. And that's why I do not think you need someone who's a land use lawyer doing this. Although a land use lawyer could do this and could do this well, I think first and foremost you need somebody who's familiar with our staff, familiar with the development community and very familiar with the code. CHAIRWOMAN HILLER: And if I may ask a question based on what Commissioner Coyle is raising, for example, when staff gives official interpretations, those official interpretations of the code are not being drafted by attorneys, they're being drafted by planners. MR. KLATZKOW: Yes. CHAIRWOMAN HILLER: So it would be analogous to that. Well, not necessarily. Analogous is not necessarily the right word, but that's just another example of where an interpretation of the code or an Page 64 April 9, 2013 application of the code is being made by a non-lawyer. MR. KLATZKOW: Well, your LDC is set up for your Planning Director to do all interpretations. CHAIRWOMAN HILLER: Right. MR. KLATZKOW: If you want somebody else to do the interpretations, it's a policy decision by the Board, we can look at that. But that's the mechanism right now. CHAIRWOMAN HILLER: But the hearing examiner is similar in that the hearing examiner is going to be making interpretations of the code as it applies to a petitioner for example on a very minor variance. MR. KLATZKOW: Yes, but not an official interpretation. But your Planning Commission does this all the time where they look at the code and they look at the application and they apply it. You do this all the time when you have your proceedings. CHAIRWOMAN HILLER: Right. Okay. I just wanted to clarify that. Thank you. Do we have any public speakers? I don't see the light on, but I just wanted to confirm. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Coyle dissenting. And this by the way is just another step to further promote efficiencies in the administration of the growth management division and the process that it undertakes. Page 65 April 9, 2013 Item #1 l E RECOMMENDATION TO ACCEPT A PRIORITY LISTING, INSTALLATION SCHEDULE AND PROJECT BUDGET FOR EMERGENCY VEHICLE PRE-EMPTION AND CONFIRMATION BEACONS ON THE COLLIER COUNTY TRAFFIC SIGNAL SYSTEM — APPROVED MR. OCHS: Thank you, Commissioners. That takes us to Item 11.E. It is a recommendation to accept a priority listing, installation schedule and project budget for emergency vehicle preemption and confirmation beacons on the Collier County traffic signal system. And Mr. Casalanguida will present. CHAIRWOMAN HILLER: Thank you. MR. CASALANGUIDA: Good morning, Commissioners. You asked us to come back with a schedule. We've got a three-year program here at about $400,000 a year. I wouldn't recommend doing it in one year. I said to staff it would be three to five. I think right now it's going to come out of Project 60016, which is your intersection capacity and safety enhancement funds, budgeted between 1.5 and $2 million. Those are your Whippoorwill improvements, sometimes, turn lanes. So I think -- and mast arm conversions from strain poles. So I think based on that I think we can accomplish this in three years. With some cooperation from the city, we can get them to do some of the city signals too. And with that, I'll take any questions that you have. CHAIRWOMAN HILLER: The key, as was mentioned when I brought this item forward, is to make sure that when you prioritize the installation that you prioritize it based on the most frequently used routes by our EMS responders so that, you know, they have priority access down those routes so the traffic can clear. Page 66 April 9, 2013 MR. CASALANGUIDA: We did that, ma'am. CHAIRWOMAN HILLER: Right. And I just want to emphasize that that is most important in laying out the time table. Thank you so much for handling this so expeditiously. This is all about saving lives and this is just another step in our county's commitment to improving our level of service with respect to emergency services. MR. CASALANGUIDA: Thank you, ma'am. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Nick, are you under the assumption that these contracts are still valid? MR. CASALANGUIDA: I believe I am, sir. This was put together by our group. And if they're not, then that's something we'll deal with. COMMISSIONER HENNING: Well, according to contract, the contract shall be for one year commencing November 9th, 2012 and terminating on November 8th, 2011. CHAIRWOMAN HILLER: 2013. MR. CASALANGUIDA: '13. COMMISSIONER HENNING: Pardon me? CHAIRWOMAN HILLER: 2013? COMMISSIONER HENNING: No, it's a one-year -- COMMISSIONER FIALA: How can it start at 2012 and end at 2011? COMMISSIONER HENNING: No, I'm sorry, 2010. November 9th, 2010. I apologize. And ending November 8th, 2011. CHAIRWOMAN HILLER: County Attorney, did you review all these contracts? Did you review this executive summary for purposes of-- MR. KLATZKOW: Yeah, we do. There's three one-year renewals, renewable annually. The assumption was these were properly renewed. Page 67 April 9, 2013 COMMISSIONER HENNING: Okay. They were? MR. CASALANGUIDA: Yes, sir. CHAIRWOMAN HILLER: Can you just verify that, County Attorney? MR. KLATZKOW: We will verify that, yes. CHAIRWOMAN HILLER: And then bring that back to the Board if there is any problem -- MR. KLATZKOW: The Clerk won't pay if the contracts are expired. But we will -- CHAIRWOMAN HILLER: And that's why -- Commissioner Henning's -- MR. KLATZKOW: Commissioner Henning raises a good point. We will -- CHAIRWOMAN HILLER: He raises an excellent point. MR. KLATZKOW: -- we will double check that, yes. CHAIRWOMAN HILLER: So if you can confirm that and let us know. Or quite frankly, if there is no problem, don't let us know. If there is a problem, obviously bring it back. Let's do it by exception. MR. KLATZKOW: Yes, ma'am. CHAIRWOMAN HILLER: Crystal, was there something you wanted to add to that? MS. KINZEL: No, Commissioner, but we'll also double check it. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Yeah, I don't want to get into that again. So I'll make a motion to approve recommendation on this item. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I just have a question, clarification. We're going to be spending 250 to $500,000 just on the confirmation beacon alone. I'm struggling to find out what the safety Page 68 April 9, 2013 component of the installation of a confirmation beacon really is. MR. CASALANGUIDA: Sure. COMMISSIONER COYLE: The preemption is certainly a really good thing to do. But we have trouble getting people to understand what a yellow light and a red light means. What does the confirmation beacon mean to anyone that is a safety improvement? MR. CASALANGUIDA: Sure, I can elaborate on that, sir. On the approach when it's activated, you get a steady white light. So if you're the fire truck approaching that intersection, on the other three sides on a four-legged intersection, it's a flashing white line. What it does is it kind of alerts the driver, hey, something's going on. But more importantly it tells the ambulance coming from another approach, you've already been preempted on another side. So we've got that regularly between the different stations and the different responders. So at an intersection you may have two vehicles approaching them. Only one of them gets that preemption. So if I'm heading northbound on say Airport and I trigger the beacon and the preemption, I'll get the green light with a steady white light, which means I've got the go. I get to go forward through that intersection. On the side street it will trigger the red lights and it will flash white at you. So the driver kind of goes okay, it's -- that beacon will flash. COMMISSIONER COYLE: Tell me where the beacon is located. Here's what's causing me some difficulty. MR. CASALANGUIDA: Sure. COMMISSIONER COYLE: We have white lights now at some intersections that are used for traffic enforcement to tell an observing police officer or sheriffs deputy whether a light has turned red. MR. CASALANGUIDA: And that's a bulb and it's a blue light. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: And this is almost like a spotlight in a sense that when you come on, you hit the button in your, say, fire Page 69 April 9, 2013 truck, you'll get a steady white light. The white light will come on and it will face you. COMMISSIONER COYLE: Is it a strobe type light? Is it -- MR. CASALANGUIDA: On the side streets it will strobe. It will flash. So when you're driving a car and it quickly turns to red, yellow to red, because you still get the safety time to stop. COMMISSIONER COYLE: You have lights on every street that enters the intersection, or do you have a single light in the intersection that just flashes bright? MR. CASALANGUIDA: One on every street. So every mast arm, every mast arm -- and that's not the expense of it. Roughly the cost is $900 per beacon. But what it does is it does alert the driver. I could bring up the Michigan study, I don't have it with me, but they've done several studies in states that says it is -- it gets the driver really aware of what's going on. And when you've got, I'm going to say, an urban area six by six arterials crossing -- COMMISSIONER COYLE: The guy who wrote that report has never been to Collier County -- MR. CASALANGUIDA: That's true. COMMISSIONER COYLE: -- okay? MR. CASALANGUIDA: Sir, you're right. COMMISSIONER COYLE: All right. But anyway, okay, that's helpful. Appreciate the explanation. MR. CASALANGUIDA: You're welcome, sir. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. Nick, it looks like this is going to pass with no problem. Are you going to then write up very clear instructions so the drivers know what they're looking at? We kept -- for a couple of years we kept getting questions about the blue lights. MR. CASALANGUIDA: Right. COMMISSIONER FIALA: And, you know, you'd answer it but then you'd get more questions via email. So if you can write up clear Page 70 April 9, 2013 -- I mean, I don't know if I can give that direction or not, but if you would write up clear directions as to what they mean and what the responsibility is of the drivers. Not only that, but then send it to the Naples Daily News so you get everybody notified. And then if you would also put it on our television, the government channel. I realize a lot of people don't get the government channel, but at least -- CHAIRWOMAN HILLER: And the website. The website. COMMISSIONER FIALA: That's where I was going next. And then finally after that, if you would send me a copy of that, and I'll send it out to my community list. And if anybody else has community lists, they might want to do that too. So we have a way of reaching everybody. Still not everybody is going to get that, but at least we're reaching out and trying to let people know what they mean. MR. CASALANGUIDA: I think we have the property owners association meeting we do every year, we'll make that a subject. I'll work with Troy's office, maybe put a quick five-minute, you know, Collier TV spot. But we'll do a media blitz to let people know, hey, if this is flashing, this is what's going on, this is what you need to be aware of in Collier County. CHAIRWOMAN HILLER: If you could actually update the county's website already for what the blue lights are all about? Because I get the same questions, everybody wants to know what they are and everyone has a different interpretation that they're sure is correct. So it would eliminate any ambiguity with respect to that and -- MR. CASALANGUIDA: Very good. CHAIRWOMAN HILLER: -- and would clarify it for the benefit of the public. COMMISSIONER FIALA: They're going to have a lot of things to look at at these intersections. COMMISSIONER NANCE: That would be K-Mart. CHAIRWOMAN HILLER: That's for anyone who doesn't sleep Page 71 April 9, 2013 at night and wants some entertaining reading, go to CollierCounty.com and you could expend many sleepless nights -- MR. CASALANGUIDA: You could. CHAIRWOMAN HILLER: -- enjoying yourself. COMMISSIONER COYLE: You should expand that explanation and include a traffic signal there and label it so that people understand a red light means stop, a yellow light means don't enter the intersection, it's about to change, and a green light means you go. MR. CASALANGUIDA: My 16-year-old daughter, about to be 16, asked me if I would help her pass her learner's permit test on line. I said no, that would be unethical, you need to understand what the requirements are. And she said dad, I'll work on that, I'll learn on the road, and I said no, honey, that's not the way it works. CHAIRWOMAN HILLER: That's really funny. From the mouth of babes. That's really great. Well, thank you again for doing this. It really is a great asset to our emergency response team. Thanks. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion -- thank you for reminding me -- all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously, even though Commissioner Coyle said nothing. I'm guessing. COMMISSIONER COYLE: No, I did. CHAIRWOMAN HILLER: Did you? Page 72 April 9, 2013 COMMISSIONER FIALA: Yes, I heard him. COMMISSIONER COYLE: You just don't listen to me, that's the problem. CHAIRWOMAN HILLER: I always listen to you. Item #12A RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE IN THE LAWSUIT ENTITLED JOHN E. CHANDLER V. COLLIER COUNTY, FILED IN TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 13-644-CA) FOR THE SUM OF $1,474.50 — APPROVED MR. OCHS: Moving right along, Commissioners. Item 12, County Attorney's Report. Item 12.A was previously 16.K.3. It's a recommendation to approve and authorize the Chairwoman to execute a settlement agreement and release in the lawsuit entitled John E. Chandler v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of$1,474.50. This item was brought forward at Commissioner Coyle's request. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah, this is a very minor item. I brought it forward just because I don't like what I believe is unethical behavior on behalf of someone who's trying to make some money off the taxpayers. There's an easy way to solve these problems where this person goes around and asks questions about public records and then hopes that somebody violates a law so he can file a lawsuit. The real easy way is to notify the governing agency and ask that they take corrective action. But this guy, as I understand it, is -- this is his livelihood. He just travels around, tries to initiate lawsuits so he Page 73 April 9, 2013 can get paid money. And I find it very distasteful. Is there anything we can do about it? MR. KLATZKOW: My recommendation would be that we would reach out to our legislative delegation and close what I view as a loophole in the public records law, so that at the very least he'd have to make a request on the public records officer before he could do something like this. I will tell you though that we were in shock because we called the State Attorney General on this looking for support and they actually support this guy. So that shows you what I know. But -- COMMISSIONER COYLE: Well, the problem here is that he's stealing money from the taxpayers. MR. KLATZKOW: I agree. COMMISSIONER COYLE: He's not punishing government, he's not punishing the employee who failed to process his request correctly, he's taking money from taxpayers. And he knows that. COMMISSIONER FIALA: He probably doesn't even have to pay taxes on it. COMMISSIONER COYLE: So that's what is repugnant to me. We do need to correct any errors that occur, but there's a process for doing that that doesn't require the taxpayers to pay money to some transient lawyer who wants to -- MR. KLATZKOW: He's not even a lawyer. COMMISSIONER COYLE: Oh, he's not? MR. KLATZKOW: No, he's just -- this is -- we all find a niche in life, I guess. But my recommendation would be a legislative fix. It's a state-wide issue. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER COYLE: Well, if they would classify this as a capital offense, I would very much support it. COMMISSIONER HENNING: This settlement is $1,400? MR. KLATZKOW: Yes, sir. Page 74 April 9, 2013 COMMISSIONER HENNING: So how's this guy getting rich? MR. KLATZKOW: Because he files complaint after complaint after complaint. CHAIRWOMAN HILLER: Oh, he's -- COMMISSIONER COYLE: He travels around every place in Florida. CHAIRWOMAN HILLER: So far a million bucks. MR. KLATZKOW: He does like 20 a month is my understanding. COMMISSIONER HENNING: Okay. What is wrong with the employees being trained on the Sunshine Law? MR. KLATZKOW: They were trained, but what happens, Commissioner, if he has 10 people, he'll get nine right responses and the tenth person will just be frazzled that day and just give an answer they shouldn't give. COMMISSIONER HENNING: Well, I've done public records requests of agencies, and I find that quite a few of them have it wrong. And I think it's up to the department heads to train their employees on the Sunshine Law. Plain and simple. MR. KLATZKOW: This person was trained and this person admitted they were trained and did it anyway. I don't know what to tell you. COMMISSIONER HENNING: Okay. I mean, I've had arguments with agencies, not county agencies but other agencies on the Sunshine Law public records, and, you know, they still want my name, they still want my phone number. And they don't get it. So it's up to government to -- this law is made for government to follow, and it's up to government to enact. And it quite honestly has failed. Now, the million dollars, I mean, I read the article, a lot went to attorneys fees. That's actually what the article said. You're going to have watchdogs, I don't care what the issue is, for government. And this guy is heck bent on public records. Page 75 April 9, 2013 So let's try to do it right. That's my suggestion. But with that, I'll make a motion to approve the settle. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I have a question. This man can go in and according to public records he does not have to declare who he is or sign anything, he could just ask for this. And yet we have enacted a new provision in our code enforcement law that says nobody can report anything anonymously, they must state their name or they can't state anything anonymously. And I'm wondering, does that follow the same rule? MS. GREENE: Commissioner Fiala, in my opinion that's distinctive. This is Colleen Greene, Assistant County Attorney. In my opinion that's very different because the public records law is very specific as to what you may and may not ask a person requesting a public record. So the government, the state, has ruled on that area and we're required to follow that. CHAIRWOMAN HILLER: There being no further discussion, we have a motion. Do we have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion on that? (No response.) CHAIRWOMAN HILLER: Okay, there being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Yea. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Fiala dissenting. Page 76 April 9, 2013 MR. OCHS: Madam Chair, that will take you to Item 14.A.1 -- CHAIRWOMAN HILLER: Hang on a second. I want to find out, does the court reporter need a copy of-- let's introduce this into -- I'm going to go ahead. Can someone please come up? We have the Clerk coming before us at 11 :30 time certain. And I don't -- yeah, do you have that? Okay, great. Thanks. I just want to make sure that that article was introduced on the record. So I think what we should do is I don't want to start another agenda item and then have the Clerk -- what time is the -- MS. KINZEL: Commissioner, let me try to get someone down here now. COMMISSIONER HENNING: He can wait. CHAIRWOMAN HILLER: The Clerk can wait? COMMISSIONER HENNING: Sure. I mean, you're talking about one constitutional officer versus another constitutional officer. MS. KINZEL: Your preference, Commissioner. We can either wait or Megan is here right now. CHAIRWOMAN HILLER: What other -- MR. OCHS: Well, it's advertised for 11 :30. I'm not sure we can -- time certain, can we go sooner than that, Jeff? MR. KLATZKOW: No. Because you may have people from the public who might want to comment on it who aren't here yet. CHAIRWOMAN HILLER: Well, we have 10 minutes. Why don't we just take another 10-minute break and then we'll come back. Because there's no point to start something and have it interrupted if the Clerk is -- COMMISSIONER FIALA: You know, I had mentioned at the last meeting, I thought it might be a good idea for the Clerk to do his time certains towards the end of the day so we could get through some of the agenda. COMMISSIONER HENNING: Why don't we do communications? Page 77 April 9, 2013 CHAIRWOMAN HILLER: Yeah, that's fine. We could -- I mean, if you'd rather not take a break, we can -- I think we should just go ahead and take a break for 10 minutes. It's not a big deal. And then we'll be back at 11:30 and the Clerk will start at that point. (Recess.) (Commissioner Coyle is absent from dais.) MR. OCHS: Madam Chair, you have a live mic. This takes us to your 11:30 time certain hearing. CHAIRWOMAN HILLER: I was almost thinking that this was really a percussion instrument. But I was quickly reminded by myself that it wasn't. Go ahead. Item #13A PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S OFFICE REGARDING AUDIT REPORT 2013-1 PARKS AND RECREATION FREEDOM PARK CASH REVIEW — MOTION TO ACCEPT THE PRESENTATION AND DIRECTING STAFF TO REVIEW AND RESPOND TO FINDINGS AND REQUEST THE CLERK'S OFFICE BRING BACK AN AUDIT SUMMARY NOTING CORRECTIVE ACTIONS TAKEN — APPROVED MR. OCHS: This is Item 13.A. It's a presentation by the staff of the Clerk of the Circuit Court's office regarding Audit Report 2013-1 Parks and Recreation Freedom Park cash review. MS. GAILLARD: Megan Gaillard for the record, Clerk's internal auditor. We completed an audit for all county locations at the end of fiscal year 2011. We completed a follow-up for Freedom Park in December of 2012. Freedom Park is one of the smaller Parks and Recreation locations in the point of sale system. Through about a year Page 78 April 9, 2013 and three months they've taken in approximately $18,000 through the point of sale system. So while they're a smaller location, the issues and concerns at the location are throughout all Parks and Recreation locations; it's not limited to findings for just here. So it's an overall thing that needs to be resolved. This is a picture, just so everybody can see what the Freedom Park gift shop looks like. It shows the different materials that -- items and merchandise that they sell. CHAIRWOMAN HILLER: Very attractive. MS. GAILLARD: For the audit we looked at whether the funds existed, whether they had proper internal controls, whether the information on file was reliable, and whether the custodians and sub-custodians were following county policies and procedures. We had 14 findings for the location. The first finding is that a fund had been split from one location to multiple locations without proper authorization and without management oversight. When we went through the process, the department couldn't answer where the funds had come from. We found them through our unannounced audits of the entire county locations. The first check that had been issued went stale. Finance questioned it. They voided the check and reissued a new check. And then the new check had been destroyed. The funds were transferred from North Collier Regional Park's pool concessions fund to Freedom Park so that they had money to operate. After the audit they came back and did the appropriate paperwork to correct the issues. The second finding was the imprest fund forms which provide the information for the director, sub-custodians and authorized individuals, and the locations hadn't been updated as changes occurred. In 2011, the sub-custodian said three to four volunteers who were Page 79 April 9, 2013 unauthorized had access to the funds. In 2012 when we reviewed the class reports, three county employees had access to the funds that weren't listed on the forms, after Parks and Recreation had implemented a new position to do a quarterly monitoring of all their funds. So it doesn't appear that that's working. The annual confirmation forms weren't received by finance for fiscal year 2010 and in '11 and '12 they were received late. The fourth finding is that funds were not properly secured. When we went there they had two donation jars sitting in the middle of the facility. Unsecured, unlocked. Kind of like a pretzel jar. Those funds weren't run through the class system, so there was no record and were for two different projects, one for a scholarship fund through Parks and then one, donations received for Freedom Memorial. The donation jars since, they were removed about two weeks before our follow-up visit. But the funds should have been as the donations were taken run through the point of sales system. The fifth finding is that manual keys have been used. After we visited there in 2011, the manual keys were taken away and put in the safe and secured. In 2012 when we went back, we found out that everybody that had access to the change fund had access to the safe. So by putting the manual key in the safe it didn't accomplish anything because the same people still had access. When we went there in 2011, a manual cash register was being used instead of the point of sales system, so no records were running through the system appropriately and receipts hadn't been issued. There were two checks that had no -- they were unreceipted and unendorsed; one in one of the donation jars and one in a bag. The sub-custodian was not securing the funds in the cash register. They were taking the funds and putting them in a bag in the office unlocked. The cash register drawer in 2011 was left ajar so that it would make Page 80 April 9, 2013 operations easier. When we went there in 2011 the change drawer didn't balance. Receipts hadn't been properly issued. In 2012 the no sale function was used improperly. When it documented our visit it documented the wrong item, and hadn't been used to open and close the location. In 2012 we did additional follow-up review for the class system and detected that 14 percent of all transactions were considered item not founds. We went to the Board IT Department and the item not found key is similar to a transaction key. There's no way to type in a description or create a prompt because it's an inventory item. There were no tracking logs and no records for the 14 percent of item not founds their inventory concerns for the location (sic). The deposits haven't been made in accordance with the policies. Block deposits have been completed where multiple deposits were completed on the same day. And staff wasn't complying with the department's policy. The sub-custodian indicated, when we asked questions, that they hadn't been properly trained for taking credit cards and were unaware of the requirements. And because of all the different issues, there's a lack of an audit trail. Class daily reports were unable to be provided when we were there in 2011 because the sub-custodian did not know how to use the system. So there was no way for us to balance to a report. They haven't maintained records for donations, and receipts haven't always been issued. As a result of the circumvention of the class system, the manual cash registers handwritten receipts that weren't through the system, the records haven't been properly maintained and there's a lack of an audit trail. Our overall recommendations -- before I go forward, we have Page 81 April 9, 2013 additional slides, about the next 14, to further explain the items I've just reviewed with you for additional support, but I'm not going to walk through them again. Our overall recommendation for the county is that the funds should be accounted for by county staff. Florida Statute Policies and Procedures should all be followed and complied with. The inventory should be monitored, and tracking mechanisms should be implemented. If an item not found key is used at the time of the changes, forms should be updated. And additional training should be provided for the people involved in the process. For the Freedom Park location, we noticed that there was an overall lack of internal controls and many weaknesses; that the quarterly reviews from the person that was hired to monitor the process every three months is not working. And these indicators are all indicators for the entire department. Even though this is a smaller cash revenue location, it needs to be viewed strongly across the entire location and department. The overall cash conclusions for overall cash and cash reviews, not just limited to this location, is that multiple locations have been reviewed in Parks, and multiple locations have had issues. We've not found one without a violation at this point. The procedures seem to be in place, but they're not being followed. It doesn't seem they need new policies, the ones they have should be adequate if they're adhered to. There's a lack of enforced compliance for the procedural controls. Until you hold your employees accountable, this can't be corrected. Hiring additional employees is not going to help this, because the employees at the lower level aren't being held accountable for the mistakes that they're making, so the potential for fraud, waste and abuse are currently present and are going to continue to be present until accountability is put into place. CHAIRWOMAN HILLER: Thank you very much, Megan. You Page 82 April 9, 2013 did an excellent job and a very thorough job in evaluating the problems. Leo, would you like to respond? MR. OCHS: Commissioner, I'm going to ask Mr. Carnell to come up and help with the response. He's been working with the internal audit on this initially in 2011 and then again in 2012. He and Mr. Williams can give you a little staff response. MR. CARNELL: For the record, Steve Carnell, Interim Public Services Administrator. I'm going to ask Barry just to briefly address some of the key points in terms of where we are in terms of Freedom Park operations. We've taken a number of actions to try to correct the problems that were identified in 2011 and 2012 and think that we've made some pretty significant progress. And Barry, can you -- MR. WILLIAMS: Sure. Good morning. Barry Williams, Parks and Recreation Director. I guess first of all let me thank the internal auditor. I appreciate the review that they've done and we've enjoyed working with Megan, certainly through her interactions with our staff. I'll tell you -- CHAIRWOMAN HILLER: That is the first time I've ever heard anyone say how much they've enjoyed working with their auditor, but yeah, we'll take that as it's given. That's very nice. Congratulations, Megan, you're special. MR. WILLIAMS: Let me try to be sincere here. CHAIRWOMAN HILLER: I know you are. I can tell. MR. WILLIAMS: I do feel that internal audit is an important part of our business. I think that -- CHAIRWOMAN HILLER: It is. MR. WILLIAMS: -- where we have internal audits and when we go through our processes and we look at what is working, what's not, I think it's a fair process. Page 83 April 9, 2013 CHAIRWOMAN HILLER: Oh, absolutely. And I really appreciate you saying that, because you see the real benefit of and audit, which is to help you. MR. WILLIAMS: Correct. I would tell you, it is difficult -- and I had a conversation with Megan prior to this. You know, when this information is presented kind of as a surprise -- and I understand the Clerk's point of view is that it can't become public record until at this point -- it is a challenge to be able to take some of the comments that have been made and to respond, you know, as accurately as I'd like. I did want to try to address some of this, though, if I could. CHAIRWOMAN HILLER: I don't mean to interrupt you but I just want to clarify. It was my understanding, and correct me if I'm mistaken in appreciating the process that you go through, and that is that internal audit does communicate its findings with management and gives management the opportunity to respond before it comes to the Board? MS. GAILLARD: When we do the process, we issue the draft report to the department for their management response, and if they have anything that they feel needs corrected, revised or additional review. And then if-- we review it and then we'll respond if something hasn't been adequately addressed. So everything in the presentation, with the exception of second to last slide, the one before the thank you, was seen by the department. CHAIRWOMAN HILLER: Okay. So Barry, it does appear that staff is given the opportunity to have all this information before it comes before the Board. MR. WILLIAMS: No, I disagree. CHAIRWOMAN HILLER: Okay. MR. WILLIAMS: And I'm looking at the general cash audit conclusions that are found. This is the first time I've heard these. And specifically, I would tell you, hiring additional employees to Page 84 April 9, 2013 complete post-audit does not solve the issues, until employees are held accountable this cannot be correct, the audit shows a lack of enforced compliance for procedural controls, none of that's found in the audit that I -- CHAIRWOMAN HILLER: Megan, could you stand at the other podium? MR. WILLIAMS: But if I could, let me just -- CHAIRWOMAN HILLER: Go ahead. I just want to make sure that everybody understands what you knew and didn't know. Because obviously if you didn't have the opportunity to have, for example, this last page before presenting, I mean, that wouldn't be fair and you should have the opportunity to have the time to review it and not be put on the spot when called before the Board. And that's why I want to clarify that before you go on. Because if you need more time to formulate responses and work with your staff and the County Manager to come back with a response, I mean, you should be availed of that opportunity. Which is why I'm interrupting to clarify what's going on. MS. GAILLARD: The last slide that he's referring to is the slide that I just referenced. The general cash audit conclusions for an overall department wide is the only slide that hasn't been seen. However, during discussions we've addressed accountability and that employees need to be held accountable. And the department has implemented some to correct that for if deposits are late they are holding them accountable and doing disciplinary actions. MR. WILLIAMS: I don't see that in the audit. I don't see that in these pages though is my point. CHAIRWOMAN HILLER: So let's do this. Let me make a suggestion. Let's not address the general cash audit conclusions, because it hasn't been presented to staff so they're not in a position to be able to come back with a prepared response. And let's address the pre in part conclusion and then bring this general cash audit Page 85 April 9, 2013 conclusion back after staff has reviewed it and, you know, the Clerk can make a separate presentation and staff can give their response at that time. Okay, so let's go back to the Freedom Memorial Park conclusion. MR. WILLIAMS: Well, just to describe it, we received notice of this imprest fund review September of 2011. Or I believe it was August of 2011. And in the context of that as I understand it there was a desire to review all imprest funds and look for accountable issues, which we strongly supported. We let staff know that this was going to happen. We wanted them to know and be prepared for it. When Clerk of Courts staff came and reviewed our processes, we immediately corrected them. There were several things that they had indicated. I think several them were identified in the audit. The number one, where we have used an existing fund to create a separate fund at Freedom Park. Part of what I dealt with in the last four or five years is taking on more parks with the same staff with the same funding amou -- with decreasing funding amounts. So I've had to do things to help support the operation; and in my opinion wasn't viewed as a negative or bad thing. We basically took money from a location at North Collier and established it at Freedom Park in order to run that show. Again, the things that were identified in September, 2011, we took immediate corrective action. And I guess my concern is there's a sense in this audit finding that we're still struggling. Which I would tell you, any operation that you have, you're going to have organizational issues that you deal with. But I don't feel that it is taking enough consideration into the fact that we made improvements, we have put controls in place, we've done some internal controls that I think have helped our operation. The one -- and I guess maybe I mischaracterized an employee that we hired last summer, we didn't hire this employee solely for the purpose of doing audits or imprest funds, that's just one responsibility Page 86 April 9, 2013 this employee has. In our discussions with the Clerk last September of 2011, that issue came up, and we looked at that. And the process that we were doing, that we've always done in terms of how we've updated the imprest fund information to the Clerk, and what was described to us is we needed to do it more frequently. So we agreed with that, we implemented a process where basically we look every quarter to make sure that everybody on those lists that the Clerk has that have control of those imprest funds are correct. This is the first time I've heard that that's a problem, that that's not working. I had no information from the Clerk that this was an issue. So if it is, I want to continue to work with the Clerk and correct it. I guess my point is we want to continue through this process where we can and if there are still things that are not working, communicate with us, we'll make immediate corrections. We're about protecting the public's -- CHAIRWOMAN HILLER: Right. MR. WILLIAMS: The public's -- CHAIRWOMAN HILLER: Assets. MR. WILLIAMS: Assets, thank you very much. So I got all worked up for this, and I'm not sure if there's anything else I can tell you. CHAIRWOMAN HILLER: Well, let me make a suggestion. Leo, I think the summary of findings with respect to this part, 1 through 14, I think the easiest thing would be to give you the opportunity to come back and state that each of these items have been addressed in the manner in which you're addressing them, and show that they're in place and that these issues are no longer occurring with respect to this part. The bottom line is cash is a very liquid asset and the controls have to be in place and have to be enforced. And there's just no question about it. There's no in part or, you know, delay or piecemeal or anything like that. Page 87 April 9, 2013 So if you could just go ahead and do that, then we don't have to sit here and try to, you know, guess or not guess whether something has or hasn't been done. And then with respect the Clerk's Office, if you could make a separate presentation on the overall cash audit conclusions and then give staff the opportunity to respond again in the same fashion as with respect to Freedom Park as to what they have done to eliminate whatever the problem is and implement immediate corrective action. Because we don't want this to continue for one day more at any park, be it Freedom or any other park that may have problems, whether it's in part or in whole. And that way we can address it in a, you know, professional manner in the public forum. MS. KINZEL: Commissioner Hiller, could I add just -- CHAIRWOMAN HILLER: Sure. MS. KINZEL: -- one more? I think we're tying maybe onto one bullet point on a summary conclusion, when the majority of the report that Megan's provided ties very specifically to all of the items that were reported in the content of the full audit which county staff has had, and their responses are included in that audit that you've been provided. We have worked very, very well with Barry in identifying all these items. So I want to echo his cooperation. I think we've tied to one bullet in one report and perhaps maybe even losing sight of the entirety. I think they're making progress from 11 to 12, but there are issues. And I think those have been communicated to Barry. I think • he's still working on them. It seems the issue about adding an additional employee is what is causing maybe some of your grief. We don't indicate what you should or shouldn't do in operations. I guess what we're just trying to say as part of this audit is that adding bodies may not be the solution. And it seems to still be an issue with some of the counts that Megan's performed. But we want to continue to work with Barry and all the Page 88 April 9, 2013 departments in these cash audits and getting control of the assets. So we'll keep doing that. CHAIRWOMAN HILLER: No, I appreciate that and that's very nice, but at the end of the day controls over cash have to be in place. The cash has to be secured. There cannot be any delay in getting this done. It can't be done in a piecemeal fashion. If issues have been identified and when you do your testing you do it on a limited basis. So you may have identified, you know, one or two examples, you know, under one header to the extent that that's symptomatic of issues that go beyond, obviously that -- you know, you need to make that determination based on the manner in which you did your testing. Really simple. I think you guys just need to come back, present to us. You've identified the issues, let them present what they've done to immediately correct. You tell us you've verified and in fact those controls are in place. With respect to the general conclusions, please present, give them the opportunity to respond and again confirm that the controls are in place and that we have, you know, secure controls over cash in the Parks and Recs Department. Commissioner Fiala? COMMISSIONER FIALA: Yes, that's about what I was going to say except that I thought it would be a more thorough report, and especially when a department is trying to work with you, if you list what you identified as wrong, say in 2010. And then what they fixed you could put a line under there they've addressed that but now we find so-and-so wrong. And then they go back. I mean, so it's a more complete report. It kind of just looks like criticism but without any results from the department. And I think it would be nice to present both sides of the issue when giving a report. MS. KINZEL: Well, and Commissioner Fiala, we don't want to imply that there aren't both sides articulated. I guess that's what -- when we present these reports to you, if you look in the colored Page 89 April 9, 2013 presentation that's coming to you, county staff has specifically responded to each of the items found there. COMMISSIONER FIALA: Crystal? MS. KINZEL: And I understand what you mean about the years. COMMISSIONER FIALA: Yeah, because once -- MS. KINZEL: We can go back and do that. COMMISSIONER FIALA: -- she's given her report, it would be also nice to say, if she was saying, you know, we found so-and-so wrong but then staff worked with us to correct it. Then we identified where they could still improve that. And so staff again -- and we've made a -- see, you know what it says then is the Clerk has made a difference in moving forward. And everybody is working together. MS. KINZEL: Well, I hope those points weren't missed. I think Megan did give them credit, for example, the jars in the middle of the room were removed, the manual cash register has been taken from the location. Those things were corrected upon identification. And we still have a way to go. That's really the bottom line to the report. CHAIRWOMAN HILLER: Well, again, just echoing, it really needs to be presented in a manner where, you know, you've got the -- in the report that we've received, and I'll just hold it up, you've got management's response and you have internal audit's response to what internal audit initially identified. We as a Board have a problem in that we can't be responsive to what's in this document, because this is the first time we see this document. It's not introduced on the agenda ahead of the meeting, so we cannot evaluate to what extent corrections have been made and where we stand. So it is essential that you come back and give us that side of the equation. MS. GAILLARD: In the reports, on Commissioner Fiala's comment, we do identify which year we had the finding and subsequent events. So if you look through the report as you follow through, the first piece of it's going to be this is what the requirement Page 90 April 9, 2013 for the item is, this is what happened and the date. And then when we did the follow-up review, what happened in the follow-up review. So I think if you sit down and read the report, it should have most of the items you're looking for. And then we can figure out from your response what you need from us if the way we're labeling it isn't working for you. COMMISSIONER FIALA: Okay. Maybe just because I have -- of course we just got it -- MS. GAILLARD: Correct. COMMISSIONER FIALA: -- I wasn't able to see the response, and I don't believe you mentioned it on the record. So the audience can't see these things at all, they can only hear you. And I thought it would be good to mention the whole story. CHAIRWOMAN HILLER: Yeah, Commissioner Fiala is absolutely correct, and I agree with her. There has to be -- you know, the reporting of your internal audit findings needs to be a two-step process. The first step needs to be okay, here's the report, but then you need to come back and then have staff present what they did and you confirm that they did it. Because just to give us the findings and report to us and we have no idea what corrective action they've taken and we don't have confirmation that you deem that the corrective action is actually eliminating the weaknesses in the internal control system -- and this really should be addressed to the Clerk, Megan. I mean, this is not anything -- I mean, you happen to be standing behind the podium. But really, the Clerk should be here hearing this. And if he's watching TV, he's welcome to come sauntering down and we'd happily wait for him. We'll forego lunch just to see him. MS. KINZEL: Commissioner Hiller, that's fine, we'll relay all the information. CHAIRWOMAN HILLER: Please do. MS. KINZEL: We're here in his stead. CHAIRWOMAN HILLER: Thank you, we appreciate that. Page 91 April 9, 2013 But again, I agree with Commissioner Fiala, this is part one. This is part one of what we need to know. Part two is staffs response. Part three is your confirmation that it's corrected. Because otherwise, you know, I mean, I certainly don't have the ability to go in there and verify that your recommendations are in fact being corrected by staff, but you do. Or I'm putting Dwight's face on top of yours right now. COMMISSIONER FIALA: Do you really want to wear that face at this moment? Do you like looking like a girl or a guy? CHAIRWOMAN HILLER: I mean, really. Rhetorical question, no response required. Commissioner Nance? COMMISSIONER NANCE: Barry, I'd just like to ask you a couple of questions. There was one picture that was shown of the gift shop there. What -- generally speaking, what sorts of funds are being collected and managed here in general? Are these use fees or concession fees or just other things? Or what's going on? What is the revenue that's coming in here? MR. WILLIAMS: We have a gift shop there. It's natural -- or nature-based type of gifts that people can purchase. They're descriptive of Southwest Florida. They're meant to help educate -- COMMISSIONER NANCE: Educational, just helps the people enjoy the park and so on and so forth? MR. WILLIAMS: Yes, sir. And -- COMMISSIONER NANCE: Are there any use fees associated with the park? MR. WILLIAMS: There are none. We do have events at this park. For a long period of time we did encourage donations for people that wanted to sponsor our kids that would go to summer camp, but we discontinued that process. So to answer your question, I hope that -- Page 92 April 9, 2013 COMMISSIONER NANCE: So this is a concession that's completely staffed by county personnel? MR. WILLIAMS: It is, yes, sir. COMMISSIONER NANCE: Okay. COMMISSIONER FIALA: We also had the AVID Group out of there, because I was the guest at one of those things, right? MR. WILLIAMS: Yes, ma'am. COMMISSIONER FIALA: From a middle school, I believe. MR. WILLIAMS: Yes, we do have a lot of school groups that visit that particular park, and as part of their visit they do like to purchase those kind of items. COMMISSIONER NANCE: Does this facility make money? MR. WILLIAMS: In the sense of our revenues over expenses, no, sir. We -- our park system itself is subsidized. Our cost recovery as a park system as a whole is 40 percent. COMMISSIONER NANCE: No, I understand that. But I mean this concession. Because that's what we're talking about, this concession, right? MR. WILLIAMS: I got you. Yes, sir. Yes, we make money. We'll purchase the materials at a wholesale cost and then sell them at retail and make a little profit. COMMISSIONER NANCE: I mean, considering all the labor and everything you put in there, I mean, if you added up tax, tag and title are you making money or you're not making money? MR. WILLIAMS: We're looking to break even. Our point in selling these items is more for the educational aspect of the folks that purchase them, so -- COMMISSIONER NANCE: My question is, you know, would this be appropriate to be a private concession? Would you be able to achieve the same thing and avoid all this by not having to go through a great deal of work and concern over something that's a service? I mean, perhaps we could make it a concession and collect a Page 93 April 9, 2013 small honorarium back as we do with other facilities and accomplish the same thing. MR. WILLIAMS: It's worth exploring. We've looked at it. We thought about it. The question is whether a concessionaire would take over that business or whether they could get adequate traffic to make their dollar. That's the only concern that we've had in that -- COMMISSIONER FIALA: How many people do we have a week in there now? Out of season and in season. MR. WILLIAMS: In season is the best. Springtime's the best for that particular park. The wildflowers in that park are very pretty. We get about four or 500 people a week, which isn't a lot for our park system. That's not a well traveled park. A lot of people don't know of it. It's a beautiful park there. COMMISSIONER FIALA: Very seldom do I ever see anybody in there. Not that there's something wrong with that, because it's a great park. But a lot of people don't go through it. So I don't think a concessionaire could ever make ends. COMMISSIONER NANCE: You never know. If you were to open it up and allow somebody to go in there and offer, you know, eco-based and green products, you don't know. I'm just throwing it out for discussion, I'm not suggesting that's a solution. But I just -- it just occurred to me if it's not -- if it doesn't contain use fees or revenue that's necessary to support the operation of the park directly, it was just indirect, and it's just meant to enhance the experience of the park, perhaps a private concessionaire could do as good or better than we can managing it ourself. MR. WILLIAMS: I definitely want to look at that. I like the idea of avoiding grief, and so this might be an opportunity. COMMISSIONER NANCE: Oh, yeah. I mean, just take a look at what -- you know, you've got employees here that you're trying to manage, you're trying to put all these controls -- you know, you're trying to be in a retail business when you're a park. Page 94 April 9, 2013 MR. WILLIAMS: Yes, sir, I agree. COMMISSIONER NANCE: Thank you. CHAIRWOMAN HILLER: Sony. COMMISSIONER NANCE: I make a motion to accept the audit presentation. CHAIRWOMAN HILLER: Could you supplement that motion by asking that staff come back with their response and that the Clerk come back with his review of that response and confirmation that controls are now in place and that cash is secure? COMMISSIONER NANCE: That is fine by me. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. And by the way, I'm the only one who doesn't have to say anything. I'm just kidding. So aye. Okay, thank you, Megan. And again, the comments are directed at the Clerk, not at you. But you did a great job, and I'm really happy that Parks loves you, because that's a really good thing. COMMISSIONER FIALA: Yeah, that was a really nice comment. CHAIRWOMAN HILLER: It was. It really was. Thanks, Barry. MR. OCHS: Thank you. Commissioners, that takes you to -- I'm assuming you want to continue? Page 95 April 9, 2013 CHAIRWOMAN HILLER: Yes, please. If the Board doesn't mind, this is the last item on the agenda, other than staff and Commission general communications, so if the Board would indulge me with continuing, even though we regularly would break at noon? COMMISSIONER HENNING: That's fine. COMMISSIONER NANCE: Fine by me. CHAIRWOMAN HILLER: We shouldn't be too long. Is that okay? Okay, County Manager? Item #14A1 RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS, ACTING AS COLLIER COUNTY AIRPORT AUTHORITY, REVIEW OPTIONS, CONSIDER PLANNING AND BUSINESS STRUCTURES, AND PREPARE TO PROVIDE DIRECTION REGARDING THE IMPROVEMENT OF MANAGEMENT AND DEVELOPMENT OF THE REAL ESTATE ASSETS ASSOCIATED WITH COLLIER COUNTY AIRPORTS, AND ESPECIALLY THE IMMOKALEE AIRPORT PLANNED UNIT DEVELOPMENT. OPTIONS TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO, MAINTAINING EXISTING AIRPORT AUTHORITY/EXECUTIVE DIRECTOR STRUCTURE, ENGAGING A PROFESSIONAL REAL ESTATE CONSULTANT, CONTRACT REAL ESTATE MANAGEMENT, LONG-TERM LEASE OF REAL ESTATE (PUBLIC-DEVELOPER PARTNERSHIP), SALE OF REAL ESTATE (FULL PRIVATIZATION) AND/OR ANY COMBINATION THEREOF — MOTION REQUESTING THE COUNTY MANAGER TO ADVERTISE AN RFP TO SECURE SERVICES OF A PROFESSIONAL REAL ESTATE MANAGEMENT FIRM TO ADMINISTER MANAGEMENT RESPONSIBILITIES Page 96 April 9, 2013 INCLUDING LEASING, MARKETING & DEVELOPMENT OF COMMERCIAL & INDUSTRIAL REAL ESTATE AT COUNTY AIRPORTS — FAILED (NO MAJORITY VOTE COUNT) MR. OCHS: Yes, ma'am. Item 14.A.1 is a recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, review options, consider planning and business structures and prepare to provide direction regarding the improvement of management and development of the real estate assets associated with the Collier County airports and especially the Immokalee Airport Planned Unit Development. Options to consider should include but not be limited to: Maintaining the existing Airport Authority Executive Director structure, engaging a professional real estate consultant, contract real estate management, long-term lease of real estate, sale of real estate, and any other combination thereof. And Commissioner Nance has placed this item on the agenda. COMMISSIONER NANCE: Thank you. Over the past several months we've been addressing the management and -- of the airport and our opportunities for economic development and to make sure that we have satisfactory management and cost structure. And at the March 12th, BCC meeting this Board took an action to engage a professional management consultant to review the management and operation of the airports themselves. This agenda item is intended to be a companion action. In addition, Commissioner Henning was -- has put forth recommendations to review the profit and loss of the airports and discuss how we might repay debt over time to the county. This recommendation here is directed specifically at improving the management and development of the real estate assets associated with the county airports and not particularly the management of airport operations, as was addressed by the prior agenda item. Page 97 April 9, 2013 Basically to review for everybody that's following this issue, the Immokalee Airport Planned Unit Development was established by ordinance in 2007, and the PUD is roughly 1,400 acres, including approximately 550 acres dedicated to airport operations. I apologize, there's an error in paragraph two under considerations in the executive summary. The number says 962, it should be 692 acres dedicated to industrial and commercial development. And basically the potential exists for five million square feet of aviation and non-aviation use in this PUD. Not only do we have that dedicated acreage in properties, but tax incentive overlays exist that have been put together out here to encourage growth and development that include Florida Rural Enterprise Zone, Hub Empowerment Zone and a 60-acre Florida Trade Port Zone which makes this a Trade Port. Basically it is my view, after reviewing profit and loss of the airport and taking kind of a high altitude review of it, that in fact our approach that's been taken for quite some time that the development of the public airports in Immokalee was going to drive the economic development. And I think an exact opposite is the case. I think that our vast real estate assets may indeed be the thing that spurs the economic development of the Immokalee Airport as a whole and in fact contribute to development of the airport itself as a secondary aspect and not as a primary aspect. So I wanted to open a conversation with this Board, acting as the Airport Authority, to examine how we might get some enhanced management on our real estate assets to move forward. I see we're joined by our new Economic Development Developer, Mr. Register. I think we have some opportunities that we can start taking advantage of with our improving economy. But I do think because of the complicated nature and the great value of our real estate in this PUD, that it is indeed going to require some sort of professional real estate expertise that we neither have in the county or elsewhere in our Page 98 April 9, 2013 business units at this time. So I just want to throw that open for discussion, and then I will make a motion. CHAIRWOMAN HILLER: Were you first, Commissioner Fiala? COMMISSIONER FIALA: Yes, I was. Do we want to hear from Chris first? CHAIRWOMAN HILLER: Well, hang on a second. Do we have any public speakers on this? MR. MILLER: No, ma'am. CHAIRWOMAN HILLER: No. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: Okay, fine. First of all, you're right, there are some wonderful opportunities with that real estate. One that Chris brought to the forefront in one of his recent presentations was the fact that there's gas, oil and minerals down there. We never even realized that we had an opportunity. We thought all of that was positioned to another company, and here we have that opportunity as well. I'm so glad he found that. The airport had never really been run as a business, never really been run as land holdings and never been focused on -- I shouldn't say never, rarely been focused on attracting new business. It was best to leave it the way it was. So when Chris took over, the first thing he had to do was get the airport running like a business and upgrade facilities so that he could attract businesses to that airport. Also to start making connections around the State of Florida. I mean, he's done a lot in two years. For instance, even with the National Guard. Now we've got them, they're going to -- what is it, 20 acres there or something like that that they're reserving for themselves to build an armory on. And this is a wonderful possibility that's coming forward. And I feel that it's taken him two and a half years Page 99 April 9, 2013 managing three airports to get them running smoothly and on target. And to hire somebody, again, we're spending more taxpayer dollars to do this when we really shouldn't be. We should be letting Chris move forward with his efforts. And he's working closely with Bruce Register as well. They want to put together a plan to attract more businesses, as he's already done. He's already got a few -- what is that turbo place that's on there now? And he's also got -- he built that place that Salazar can now operate his business there. He's continued to move forward in the two and a half years. No, the years before then, you're talking about the last decade somewhere in this thing. Yeah, maybe seven and a half years it sat there and languished. But since Chris has come on board he's made a great deal of difference. And unless we're trying to destroy that airport, I think we should give this man the opportunity to do so. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah, I understand there's some opportunities for fracking on the airport. CHAIRWOMAN HILLER: That's what I was thinking. COMMISSIONER HENNING: But no, this is really forward thinking. And I really appreciate it. We need to know the opportunities for development out there. There's infrastructure that needs to be put in. Of course I personally don't want for the county to bear the cost of that. We need to do this incrementally. So, you know, do we direct the County Manager or the Airport Director to tell us the opportunities for -- CHAIRWOMAN HILLER: I'd like to respond to that. COMMISSIONER FIALA: And who pays for it, while you're responding. CHAIRWOMAN HILLER: Hang on a second. Let me -- yeah, of course, there's no problem answering either of your questions. Page 100 April 9, 2013 I've been thinking about this, and I do agree with you, this is very forward thinking. I wouldn't describe the operations of the airport as being smooth and on target. In fact, with respect to real estate, there has been nothing but problems on all levels. From tenants to the handling of the land to, you know, just ongoing issues. The thing that we have here, as I read your executive summary, is something that reminds me of what the county has always sought to do, and actually Commissioner Henning you have always been an advocate of, and that is outsourcing. I think to the extent that we can outsource what the county does to people who are experienced and professionals in that field, the greater the return to the taxpayer. I'll give you an example. The County Manager outsourced the management of the marinas, the county marinas. Oopsy daisy, I didn't mean to do that. And that has actually been very successful. And what I read here is that obviously the airport properties are real estate and that as such bringing in a professional real estate broker/management company to address the leasing -- I don't agree with the sale of real estate. We're not at that sale part, that full privatization is not a discussion here today under any circumstances, because we're waiting for a consultants to tell us what our optimal options are in the long term with respect to these airports. But in the short term we're bleeding cash. We have tremendous -- a tremendously high level of staffing relative to the volume of activity at these airports. So to outsource to a real estate leasing and quite frankly management firm to take over the leasing of these facilities and to from a real estate perspective tell us, you know, how airport lands could actually be developed. I mean, there could be, you know, lease purchases, like for example with the hangars and so forth, makes a whole lot of sense. Now, there I believe would be -- there would end up being a net savings, because you could reduce the staffing level, which is the cost burden, and outsource it to a real estate company where the, you Page 101 April 9, 2013 know, business would be done as real estate business is done on a commission basis, which would significantly reduce our operating costs. COMMISSIONER FIALA: Let me just ask -- CHAIRWOMAN HILLER: Hang on a second. COMMISSIONER FIALA: Let's just define what you were just saying. You said outsource it to a real estate company. CHAIRWOMAN HILLER: Right. COMMISSIONER FIALA: You mean the whole airport? CHAIRWOMAN HILLER: No, I would say outsourcing -- absolutely, good question. Thanks for asking to clarify. I would suggest outsourcing everything related to the real estate component of the airport. COMMISSIONER FIALA: And tell us now, there's some that cannot be outsourced because of the permits and so forth that are either existing or not existent on the airport. And Chris can tell you more about that. How much of this is actually applicable to outsourcing business? Chris, do you have that -- CHAIRWOMAN HILLER: We're -- and Chris, you're welcome to come up, but this is a commercial park. I mean, we have a commercial park. You know, like you pointed out, there's a lease to Salazar, which actually preexisted Chris's arrival. You basically lease the hangars, you know, you're leasing that USDA building. You've got other land which is developable for additional leasable buildings. You know, you could have built to suits, you know, leases with option to buy. And I'm talking about like hangars, because I understand we actually have hangars out there. And to give you an example right now, one of the cases which is significantly mismanaged with respect to renting of the property is the Fletcher case. I mean, there's litigation. Mr. Curry has not given Mr. Fletcher a long-term lease. He's on a month-to-month tenancy. And Page 102 April 9, 2013 he's the biggest client at that airport. I mean, I believe -- and you can correct my figures, but I think like 80 percent of the gas sales, which is the primary revenue stream of that airport, is supported by Fletcher's operations, and he won't even -- he's not even being given a term -- a long-term lease, which doesn't make any sense at all. I don't see how anyone can do business without having the security of knowing that they can be in the facility they're operating from for a reasonable period of time. A month-to-month tenancy is just unacceptable in a situation like this and really puts the airport at risk. Because if we lose Mr. Fletcher, there goes the bulk of our gas and oil -- is it gas -- well, fuel sales. So my feeling is to go with what the County Manager has done by outsourcing marinas to go with what Commissioner Henning has advocated over the years that I've sat on this Board and that is outsourcing when you can. And I say in addition, as a consequence of outsourcing the leasing and management of the real estate component of the airport, that we look at reducing our payroll costs proportionately, and I think the net result will be a positive. Now, in the short term there is absolutely no harm in us doing this, and there can only be a benefit. Because the only cost to us would come about if they lease. And to the extent that they lease, we directly get revenue that we don't have now for a very insignificant cost -- COMMISSIONER NANCE: Can I just make a comment? You all have said many, many things. And let me tell you what my intent was. And, you know, people are always concerned about what's written in the recommendations. But I want to continue with this conversation just a little bit. COMMISSIONER FIALA: But I needed him to answer my question as to how much space could actually be leased for business and how much cannot be. Page 103 April 9, 2013 COMMISSIONER NANCE: Yes, ma'am. One moment. Let me tell you what I was thinking when I wrote some of these things. And the reason I included long-term lease of real estate, which I put in parentheses, public developer partnership, and the sale of real estate, full privatization, is what I'm considering is the long-term development aspects of this vast piece of property, in which case if we had a full-blown effort to develop the commercial and industrial potential to its fullest, you might have a situation where you'd want to partner with a venture capitalist that would come in to this huge PUD under the condition that he could take a small part and further develop it himself. And that's just an option. So -- CHAIRWOMAN HILLER: Commissioner, can I interrupt you? COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: We had a workshop on this, okay? COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: We have decided to go out and hire a consultant to come in and evaluate, you know, what -- COMMISSIONER NANCE: Airport operations, yes. CHAIRWOMAN HILLER: -- you're describing here. COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: We're not -- I don't know why you would jump ahead to a discussion that we're asking a consultant to come back and talk to us about. What you have presented here, and I don't think you realize the value in your recommendation, is this opportunity to outsource to immediately improve our revenues. COMMISSIONER NANCE: I agree. CHAIRWOMAN HILLER: And so I think -- COMMISSIONER NANCE: I agree. I was just addressing your statement that, you know, full privatization shouldn't be considered. But I think -- CHAIRWOMAN HILLER: I'm not saying -- Page 104 April 9, 2013 COMMISSIONER NANCE: -- down the road that it should. CHAIRWOMAN HILLER: I'm not saying it shouldn't be considered. I'm saying it makes sense to consider it and to evaluate it to see whether there's any, you know, net benefit. But what you've got here is something -- we've got a problem with cost, and we've got an option here to bring in professionals to manage the leasing and even the real estate management and reduce our costs. COMMISSIONER NANCE: Absolutely. I believe that contract real estate management is the best option here. CHAIRWOMAN HILLER: I think so. COMMISSIONER NANCE: And the reason why is -- CHAIRWOMAN HILLER: It makes sense. COMMISSIONER NANCE: -- I think we need a dedicated specialized professional with substantial experience in the development and management of commercial and industrial real estate. Not to exclude the airport real estate but commercial and industrial parks in the Southeastern United States, including all aspects of marketing, leasing, administration, sales, the whole tamale. And I just think that we are never going to get -- we're never going to get this started. I don't think we're ever going to be able to get the Immokalee PUD to realize its potential until we have people that can bring this sort of expertise to the table. And I do not think we have them at present. That's why I'm -- CHAIRWOMAN HILLER: No, thank you. Commissioner Henning, would you allow Mr. Curry to answer Commissioner Fiala's question before you comment? Would that be acceptable? COMMISSIONER HENNING: No, just real quick. I mean, this is a PUD. A lot of developers create a PUD and then let somebody else develop it or piece it out. And there's -- no different than what you're saying on this one. There might be somebody out there that is Page 105 April 9, 2013 willing to expend some money and -- CHAIRWOMAN HILLER: Market it. COMMISSIONER HENNING: -- market it. And I don't know the reason why we can't sell it. But, you know, you can get all these answers through a request for a proposal. CHAIRWOMAN HILLER: That makes sense. COMMISSIONER HENNING: I mean, you have -- you can outlay the amount of acreage, the zoning on it and the infrastructure that needs to be put out there. And quite frankly, I think that we need to evaluate about selling those parcels. CHAIRWOMAN HILLER: To the extent we can. Mr. Curry, would you like to comment? COMMISSIONER FIALA: And also comment about the competitive business that you're -- MR. CURRY: Yeah, Chris Curry, Executive Director, Collier County Airport Authority. I really don't know what to tell you. I mean, whenever you have airport discussions, they go around and around and you never quite come to a conclusion because airports are not that simple. Generally with most airports -- and the idea that Commissioner Nance has is a good idea, except it works in conjunction with the airport management. Because private developers do not understand how airports function. The executive management of an airport can keep them out of trouble, such as dealing with the FAA, having to come back and deal with the requirements of the county, there's building restrictions, there's regulatory agency permits. And most of the land at Immokalee is not real clean land that you can build, so it has several problems related to infrastructure. One of the issues I see with a private development as well is that a private developer coming into Immokalee would compete directly against the average citizen in Immokalee. Page 106 April 9, 2013 One of the things that we've done in developing the airports is that we have been conscience of not competing with the general public. Because we've only been -- there's an economic benefit not to compete directly with landowners that are in Immokalee struggling to lease property as it is. Last comment I want to make is that, you know, I've constantly heard Commissioner Hiller refer to mismanagement. And I think that is a conversation that we can have more in detail at a later time. So if there's any questions, I'm available to answer any of them. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm just concerned -- and I'm going to just say this flat out. I'm just concerned that all of these problems with the Immokalee Airport stem from the couple people that are on the airport that don't like the way you run it. No matter what advancements you make, they're not going to like it. And I'm afraid that we're not looking at the complete picture. Sometimes when you listen to people that are a little disgruntled rather than look at a whole picture, you derive a different picture. And I'm trying to say that as gently as I can without incriminating anybody. But I think that we have to look at the benefit of this airport and the potential. Especially now that the state has eliminated all of these cafe -- what do they call those? CHAIRWOMAN HILLER: Internet cafes. COMMISSIONER FIALA: Internet cafes, yeah. COMMISSIONER HENNING: It's not on the agenda. COMMISSIONER FIALA: Internet cafes and so forth, and we might be getting quite a bit of business coming in, because not only will they have to build the Seminole hotel there, but then they're going to be importing lots of business. There's so much potential. And I'd hate to see us dismantle or destroy that opportunity because of favors owed. CHAIRWOMAN HILLER: This actually does the opposite. Page 107 April 9, 2013 This enhances -- COMMISSIONER FIALA: It doesn't sound like it though. CHAIRWOMAN HILLER: It does. It absolutely does. COMMISSIONER FIALA: Well, that's what you say. And I really -- you know, I don't mean to be rude, it's just that's what you say, and I don't know that I agree with that. CHAIRWOMAN HILLER: That's okay. COMMISSIONER FIALA: Because I've seen it grow so much in the last two and a half years. And -- CHAIRWOMAN HILLER: All right. Commissioner Nance, what do you want to do? And you said you wanted to make a motion. COMMISSIONER NANCE: I would like a motion to request that the County Manager put out an RFP for a professional real estate management firm to help us develop and manage the commercial -- CHAIRWOMAN HILLER: Leasing and management, right? Because not just management, but leasing. COMMISSIONER NANCE: Right, a commercial real estate management firm to help us develop and manage the commercial and industrial real estate assets of the Immokalee Airport PUD to include marketing, leasing, administration and sales. CHAIRWOMAN HILLER: Let me ask a question. Why are you limiting it to Immokalee? I mean, the issue is -- COMMISSIONER NANCE: Well, no, all the airport properties. That's fine, I can amend it to that. But most particularly the Immokalee -- CHAIRWOMAN HILLER: Immokalee is where a great deal of help is needed. But if you're bringing in a professional real estate leasing and management company -- COMMISSIONER NANCE: They can handle everything. CHAIRWOMAN HILLER: -- then you're going to bring in someone who is highly experienced in this who should optimize revenues at all airports. And where we can save costs -- and if I could Page 108 April 9, 2013 ask, could you consider adding to your motion that as a consequence of bringing in a real estate leasing and management firm over the airports that we look at eliminating those payroll costs that will be replaced by this asset management -- COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: -- company. Because obviously -- COMMISSIONER NANCE: That's appropriate, because we've already engaged somebody to talk about airport operations. And this is focused on -- CHAIRWOMAN HILLER: The real estate. COMMISSIONER NANCE: -- the real estate. CHAIRWOMAN HILLER: That makes sense. COMMISSIONER NANCE: And I'll modify my motion to reflect that. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, I don't know if I can really support something like that. I understand trying to separate aviation from the commercial industrial areas of the airports. We only have one that has that and that is -- and that is the Immokalee Airport. The rest of them are all just aviation. CHAIRWOMAN HILLER: No, because you can lease the hangars. I mean, we're talking about like all the leasing. COMMISSIONER HENNING: That's aviation related. CHAIRWOMAN HILLER: Why can't you have a real estate agent lease those hangars? Because that's where we have all the problems. COMMISSIONER HENNING: No, you can. I'm just saying I don't think I could support that. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: It's different than -- my understanding is dealing with bifurcating aviation from commercial and industrial property. That's my understanding of it. And I could Page 109 April 9, 2013 support something like that. But an overall shotgun approach on all the airports, I don't think that's wise. COMMISSIONER NANCE: If we could begin and get a real estate management firm in place to discuss how our real estate could be managed, I think it is very possible that we would find that they would have some utility in another aspect we could -- CHAIRWOMAN HILLER: I want to go back to what Commissioner Henning said. All our problems right now are related to the leasing of the aviation hangars. I mean, our problem with Fletcher is that Mr. Curry will not give Fletcher, which quite frankly makes no sense to me, a lease, other than a month-to-month tenancy. And I think what needs to happen in that instance is that Mr. Fletcher needs to come directly to the Board and ask for a term and we need to address that situation. But the problem is, you know, leasing those hangars is just leasing like any other regular building. Yeah, there are rules that apply, and those are readily determinable by any professional. We want to optimize our revenues with respect to the hangars as well as with respect to the industrial and commercial buildings. It's not just the industrial and commercial buildings because, like I said, the biggest problems we have right now are with the leasing of the hangars and, you know, suboptimal conditions in that arena. What would you propose? COMMISSIONER FIALA: Commissioner, let me talk about hangars at Marco, for instance. I'm sorry to interrupt you. Of course there's very land on Marco, it's mostly submerged anyway. And they have a lot of environmental concerns. But Chris has figured out a way to -- he's moving things around within the footprint that we have to then clear enough space to build more hangars. Because we've got people that have been waiting for -- some up to 20 years to lease. They're even willing to build their own hangar and lease the land from us. Why would you want a real estate Page 110 April 9, 2013 company to come in and take that money when we've already got -- CHAIRWOMAN HILLER: Well, they're not taking the money, they simply get a commission. COMMISSIONER FIALA: Right, why should we give it to them -- CHAIRWOMAN HILLER: Because we eliminate the staff-- COMMISSIONER FIALA: -- when we've already got the plan in place. And they're building their own place. CHAIRWOMAN HILLER: We have to reduce our costs, okay? Our costs are excessive. Our staffing at the airports are excessive. By comparison to other airports with relatively the same volume and activity. COMMISSIONER FIALA: Well, I don't know that, because we'd have to compare two airports the same size, the same type -- CHAIRWOMAN HILLER: Yeah, yeah. COMMISSIONER FIALA: -- before we make a statement like that. CHAIRWOMAN HILLER: Well, I have. And the problem, as I said, is, you know, to the extent we outsource, we have the opportunity to reduce costs and we have the opportunity to bring in professionals who lease and develop real estate, as you're describing, to bring us the highest possible price and increase our revenues. COMMISSIONER FIALA: We've already got this in place; why would you pay somebody to come in and take the commission on it when it's already taken care of? CHAIRWOMAN HILLER: Because it's about the tenants. And we don't have -- Marco is a different situation in that Marco because of its location is in demand. Immokalee doesn't have the same type of results. In fact, we have nothing but problems with the tenants and with the leases. COMMISSIONER FIALA: With a couple of them. Not with Page 111 April 9, 2013 everybody. You're making an overall statement and I don't believe that's true. CHAIRWOMAN HILLER: Generally, yeah, we have problems out there. COMMISSIONER FIALA: Do you have some with the National Guard? CHAIRWOMAN HILLER: Well, the National Guard -- COMMISSIONER FIALA: How about the turbo place? CHAIRWOMAN HILLER: The National Guard isn't coming in for a very long time. They don't have the funding and they made that clear, and that pre-exists Mr. Curry. So I don't know why that is even in the -- in discussion right here. Again, I don't want to belabor the point. I think the idea is an excellent one. I want to understand why -- I'd like to hear more from Commissioner Henning. Because he's always been in favor of outsourcing and I'm not sure I understand why -- COMMISSIONER NANCE: He's stepped -- could I -- CHAIRWOMAN HILLER: I'd like to hear from Commissioner Henning. COMMISSIONER HENNING: I know there's a desire, but I don't think it's a majority to sell or advertise the airports. CHAIRWOMAN HILLER: This is not about selling or privatizing. That's off the table. COMMISSIONER HENNING: Well, what we have on the agenda, it's very clear to me, is talking about acreages in the Immokalee Airport that can be developed as industrial or commercial. And it further states that it is an Enterprise Zone, Empowerment Zone and -- or Trade Zone. CHAIRWOMAN HILLER: And I think that executive -- COMMISSIONER HENNING: So please let me finish. CHAIRWOMAN HILLER: Sorry, go ahead. COMMISSIONER HENNING: So again, I think it's worthwhile Page 112 April 9, 2013 to take a look at what do we do with the commercial and industrial properties in Immokalee? Is there another way to get business growth in Immokalee by marketing that? If you recall, the Immokalee CRA was to manage or expand the hub out there in Immokalee. It never went anywhere. And they pulled out. So really, I mean, you have an airport director which I'm sure has the capability of crafting a lease or a sales contract for industrial land and/or get the land in preparation. But you really need somebody to market that property of industrial and commercial. Anyways, that's something I can support. I don't want to get into anything else with the airports land or the hangars and things like that. Let's just stick with industrial properties. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Klatzkow, the properties that the airport authority owns that are on the aviation side that are on the airport themselves, the buildings that we own, the T hangars and so on and so forth, are those -- you know, notwithstanding the specialized use and the regulation of their use, are the contracts for the lease of those buildings and the insurance that we culled on those buildings and the repair and maintenance of those buildings, is that handled any different because it's used for aviation other than any other real estate that we -- that the county would manage and lease? Or is it -- are they leased under the same sort of requirements as other properties? MR. KLATZKOW: As far as a global answer, you don't need -- I don't think you need a specialist in aviation to lease those. CHAIRWOMAN HILLER: In other words, it's just a general real estate -- COMMISSIONER NANCE: What I'm trying to get at is, you know, we own steel buildings that happen to be T hangars, and the airport management says okay, if you lease this hangar and use it for aviation you can do this and this and this and this. That's the rules of Page 113 April 9, 2013 the airport. But the lease of the building or the land underneath the building that we happen to lease to somebody, that's handled just in real estate. MR. KLATZKOW: It's almost administerial. If a hangar is vacant, you just lease it on the same terms as the Board's already approved. COMMISSIONER NANCE: But the goal is to be unified in our approach to leasing those properties as a county -- you know, as an institutional lessor? MR. KLATZKOW: Yeah, the goal is to have standard form leases for all the hangars for all the airports. And then it becomes administerial. Because the Board at that point in time has approved your standard form agreement and the Board has approved your rates. And after that it's almost administerial. As these things open up you just put in the tenant. COMMISSIONER NANCE: But the airport management then directs special use inside those buildings that conforms with aviation law and FAA requirements and so on and so forth. CHAIRWOMAN HILLER: That's in the lease. MR. KLATZKOW: They're hangars. CHAIRWOMAN HILLER: No, that's just the standard lease. I mean, it's just -- COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: -- the building. COMMISSIONER HENNING: We have a motion and a second on the floor. COMMISSIONER FIALA: Would you say the motion again, please? COMMISSIONER NANCE: My motion is to direct the County Manager to put out a request for a proposal to secure the services of a professional real estate management firm with experience in the development and management of commercial and industrial properties Page 114 April 9, 2013 associated with the airports and in particular the Immokalee Airport PUD to include expertise in marketing, leasing, administration and sales. CHAIRWOMAN HILLER: And we have a motion and a second. Who is the second? Were you the second? COMMISSIONER HENNING: No. CHAIRWOMAN HILLER: I'll be the second. MR. OCHS: Madam Chair, if I may, I would ask, you know, under the circumstances to coordinate this effort with your Airport Director. COMMISSIONER NANCE: Certainly. MR. OCHS: This is a bit uncomfortable, frankly, to keep getting directed while you have a paid Executive Director running your Airport Authority for me to be taking the lead on these things. I'm happy to do it if directed by the Board, but there's some things that I don't have expertise in that I could certainly benefit from consultation with your Airport Executive Director. So -- and I know you didn't exclude that, but I just wanted to make sure that -- COMMISSIONER NANCE: No, at your pleasure. CHAIRWOMAN HILLER: Leo -- MR. OCHS: Thank you. CHAIRWOMAN HILLER: -- my question is, putting on an RFP though is a purchasing function, isn't it? MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: So wouldn't that be through purchasing that the RFP goes out? I mean -- MR. OCHS: Yes. CHAIRWOMAN HILLER: -- it's not going to go out through the Airport Director, is it? MR. OCHS: Well, no, but your Airport Authority and its staff use your purchasing staff to issue RFPs and purchase goods and services -- Page 115 April 9, 2013 COMMISSIONER NANCE: This would be compatible with your other effort to secure a consultation on airport operations management. MR. OCHS: Understand. All right, thank you, I appreciate that clarification. CHAIRWOMAN HILLER: Any further discussion on this? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER HENNING: Nay. COMMISSIONER FIALA: Aye. MR. KLATZKOW: Motion fails. CHAIRWOMAN HILLER: Motion fails, two-two, with Commissioners Fiala and Henning dissenting. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Madam Chair, that takes you to staff and Commission general communications. I just have two brief items this afternoon, Commissioners. The first is just to confirm the Board's longstanding schedule for your summer months. We have one meeting of the Board planned for the 23rd of July and no Board meeting scheduled for the month of August. CHAIRWOMAN HILLER: The 23rd of July? MR. OCHS: That's your second meeting, your fourth Tuesday. COMMISSIONER HENNING: Could we have that July 10th instead of the 23rd? Page 116 April 9, 2013 CHAIRWOMAN HILLER: Yeah, why would you bifurcate July? I mean, why wouldn't you do it in the first Tuesday in July -- or the second Tuesday in July. MR. OCHS: We're following your normal meeting schedule. You've traditionally not met for your first Board meeting in July, but you've met for the second. Part of that allows you to comply with the TRIM notice so you can set your tentative millage in July. If you do that in the second -- or the first meeting in July, I'm not sure there's enough time between your budget workshops and the work that needs to get done when the Property Appraiser sends the updated -- CHAIRWOMAN HILLER: Can you review that and bring that back? MR. OCHS: Sure. CHAIRWOMAN HILLER: Because that doesn't make a whole lot of sense. I mean, it just -- COMMISSIONER HENNING: I'm all in favor of that. I think it ought to be -- MR. OCHS: You've always been in favor of that, Commissioner, I know. But staff needs some time to get the budget prepared. And the main reason you've traditionally come back at all in July was to set the tentative millage within the specifications of Florida Statute. CHAIRWOMAN HILLER: I'd like to revisit that with you and look at the schedule and see what has to be done and see if that's optimal. Because it seems -- COMMISSIONER FIALA: First of July would be a great day. CHAIRWOMAN HILLER: Yeah, it just doesn't make sense. COMMISSIONER HENNING: Thanks, County Manager. CHAIRWOMAN HILLER: But thanks for the idea there. You can shred that one. Maybe, maybe not. MR. OCHS: The second item is -- I believe the Board has seen this, but I think it's worth noting for the public. There was recently an award to the Board of County Page 117 April 9, 2013 Commissioners from the Sunshine Review. It's a nonprofit organization dedicated to state and local government transparency. Collier County was one of only 12 of 67 counties in Florida to receive the 2012 -- excuse me, 2013 Sunny Award that recognizes dedication to government transparency and awards the most transparent government websites in America. So we're very proud of that. And I congratulate Mr. Sheffield and his communication staff and all of the departments that work so hard to keep their websites updated and accessible to the public and transparent. CHAIRWOMAN HILLER: Absolutely. It is really worthy of note. And congratulations, Leo, to you and your staff. Mike, you've done a great job. MR. OCHS: And that is all I have, Madam Chair. MR. KLATZKOW: Nothing, ma'am. COMMISSIONER FIALA: When you look at me, does that make me first? Just two fast things. The first one, is the Bayshore CRA in a position -- I think the Bayshore CRA is in a position to hire an executive director. How do they do that? Do they send an invitation out or job applications out or -- I don't know how they do it. But I was just wondering if we could move forward with it. Because they're in dire need of one. They're in pretty bad shape and it looks like we've got some good news coming from Fifth/Third Bank, so -- MR. OCHS: Commissioner, if the Board seated as the CRA wants us to move forward with the recruitment for a CRA executive director, we would be happy to do that. Perhaps that's an item that one or more of you would want to put on the next agenda under CRA business. COMMISSIONER FIALA: Okay, I would like to do that. That would be very good. Okay, the second thing is, I was flying in an airplane to Tallahassee and I was expressing some interest again -- I've been Page 118 April 9, 2013 expressing this interest now for many years -- about having a remote controlled park. Remote controlled airplanes, remote controlled boats, remote controlled cars. It's not much of any expense to us because they all will just mow their own land. The remote control airplane group, they have two types, with the motors and with the jets, and they keep their own property. We had them on our property for 28 years and it cost us nothing. They build their own place, they mow their own place, they build their own runways and so forth. Well, we've got some land that's probably coming up again to be built on, and just maybe -- I would like to ask the other Commissioners if you would agree to ask staff to look to see if there's any land that could be donated to the county, but the land would have to be next door or adjacent to land that's in preservation. Because people don't want airplanes flying -- even though they're remote controlled, they don't want airplanes flying over their properties. But if we could find a place that could accommodate not only the planes but I think boats and cars as well, it could be a great park, a family park. Especially for kids that don't take an active interest in sports such as baseball and football but would love to do things with dads or grandpas. I think it would be a wonderful thing. And I'm just asking if the other Commissioners, as was suggested to me, would find -- would ask to be put on an agenda or ask staff to start looking for some property that could be donated. And I'm thinking mainly of like Six-L Farm's lands. CHAIRWOMAN HILLER: Why don't you craft an executive summary and bring that forward? COMMISSIONER FIALA: Is that okay with other Board members? CHAIRWOMAN HILLER: Sure, yeah. Absolutely. Just put something down and just bring it together and let the Board vote on directing staff to determine that. I think that's -- COMMISSIONER FIALA: Great. Okay, I'll do that. Thank Page 119 April 9, 2013 you very much. CHAIRWOMAN HILLER: And if you have suggestions like Six-L, you can elaborate all of it to give them guidance. COMMISSIONER FIALA: I don't know if they have any land, I was just throwing that out. CHAIRWOMAN HILLER: You can add hint hint after that description. Commissioner Nance? COMMISSIONER NANCE: Yes, I just have two things I would like to mention. Both of them are related to the paving of lime rock roads that we have in the county. Many, many of them are in my district in District 5 but there are other unpaved roads in other districts that need attention. In the past we had a program that was called the Lime Rock Road Conversion Program. And basically that was funding that was dedicated by the Board to do that. And funding for that was not continuous because of the change in the economy. But with the support of the Board I will bring back a couple of executive summaries, with the assistance of Nick Casalanguida. Fundamentally to give you an outline, in Golden Gate Estates, for example, there are 42 miles of unpaved roads. And over the next 10 years Collier County, just to grade them and take care of those unpaved roads, is going to spend $10 million. COMMISSIONER HENNING: I say sell them. COMMISSIONER NANCE: Well, use it for runway for Commissioner Fiala's aircraft. COMMISSIONER HENNING: Or lease them. COMMISSIONER NANCE: Instead of spending $10 million to grade these roads in perpetuity, it's only going to cost $4.2 million to pave them. So what I would like to do with the support of the Board is bring back an executive summary to discuss transferring some of the money Page 120 April 9, 2013 from the road maintenance resurfacing program to look at our standards of care out there and try to find a way to reinitiate the Lime Rock Road Conversion Program so that we can get that done for the citizens and also save us some money. Secondly, in a related but slightly different, is Mr. Casalanguida and his staff have been working diligently with private owners of unpaved roads to put together a program whereby they can, together with the county's assistance, pave their privately owned roads through the creation of an MSTU, but with the help of county staff. And I would also like to bring a related summary to you for your consideration regarding putting together a program and outlining some requirements and some guidelines for people that would like to undertake that to pave their privately owned road. So -- COMMISSIONER FIALA: In all parts of the county? COMMISSIONER NANCE: Yes. COMMISSIONER HENNING: What? Yeah, you can put anything on the agenda. Just make it civil, that's all. CHAIRWOMAN HILLER: As opposed to criminal? COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Three things. First of all, I want to wish Commissioner Fiala a happy birthday. CHAIRWOMAN HILLER: Happy birthday. COMMISSIONER HENNING: I think this is what, the 13th happy birthday that we've celebrated? COMMISSIONER FIALA: I'm glad you didn't sing, thank you. CHAIRWOMAN HILLER: Why? All right, one, two, three -- COMMISSIONER FIALA: No, no, no, no, we don't do -- CHAIRWOMAN HILLER: (Singing the Happy Birthday song.) COMMISSIONER FIALA: Even though you have a good voice, don't sing it. COMMISSIONER HENNING: And many more. Page 121 April 9, 2013 CHAIRWOMAN HILLER: Happy birthday to you. COMMISSIONER HENNING: And my second thing is the consortium meeting in Tallahassee, and I apologize I missed some of you that were up there, and I hope you had a good time, but we signed a mutual understanding agreement with the Governor. And the Governor is going to provide advisers to the consortium in how to, you know, deal with, you know, the federal government. And by the way, they still haven't made the rules for us to accept any kind of applications. But these advisers from the Governor's office will be from Fish and Wildlife, DEP, agencies like that. So I'm looking forward to that. And my last thing, my understanding, I don't know if it's true, but the staff from North Naples Fire Department has met with Commissioners individually wanting to direct the County Manager to sit down -- or County Manager's staff to sit down with North Naples to see about North Naples running EMS. I haven't seen that come forward. My understanding, it was going to be this meeting that was coming. However, in anticipation and contemplation of that issue, back in 2010 a super majority of residents in Collier County, including North Naples Fire District, wanted the fire districts to consolidate. And I don't see any movement from North Naples, so -- but I do see movement from Golden Gate and East Naples. And by the way, communicating with some of the fire commissioners there, it looks like they're going to consolidate functions of the two departments until it gets on the 2014 ballot for them for the voters to vote on. And I think it's an opportune time for we, the Commissioners, send a letter to North Naples Fire Department asking them to work with Golden Gate and East Naples on their merger. So you have more of a functional coastal consolidation. And I've actually taken the opportunity to write a letter on behalf Page 122 April 9, 2013 of the Chair for the Chair to sign and send to those commissioners who a lot of them said, you know, in their public stance about merging the fire departments. And maybe this will help them -- CHAIRWOMAN HILLER: Can you put that on the agenda? Do an executive summary, put it on the agenda? COMMISSIONER HENNING: No, I can bring up anything at any time on the agenda. CHAIRWOMAN HILLER: Right, I -- COMMISSIONER HENNING: And we can actually vote on it on communications. CHAIRWOMAN HILLER: Okay. Are you making a motion? COMMISSIONER HENNING: Yeah, I make a motion that we direct the Chairman to send a letter to the North Naples Fire Commission, asking them to have a dialogue with East Naples and Golden Gate Fire District to consolidate. CHAIRWOMAN HILLER: Why are you eliminating the other districts? Why are you eliminating like the City of Naples and the other fire districts? COMMISSIONER HENNING: Well, the City of Naples is a -- CHAIRWOMAN HILLER: I mean, that's a coastal district if there ever was one. COMMISSIONER HENNING: Yeah, but that's a consolidated municipality and it's not an independent fire district. COMMISSIONER FIALA: I second your motion. That's been my big concern is that then the other departments, Golden Gate and East Naples, for instance, but then you've got other places as well, Immokalee or Ochopee or whomever will feel like they're not a part of everything, because all of EMS is run by one area instead of by what we had set out to do years ago; all of the fire departments consolidate and all run EMS. COMMISSIONER HENNING: Well, however, in my discussion with some of the fire commissioners in the rural area, Page 123 April 9, 2013 they're not interested in having a countywide fire department. They're more looking at a urban and a rural fire district. And that might have changed. And if you remember, Commissioner Fiala, you were here, two years ago that the fire department was -- North Naples Fire Department was actually looking for the legislators to create a way for them to have two fire districts in Collier County, a urban and a rural. CHAIRWOMAN HILLER: One thing that has to be considered whenever you look at fire consolidation is that pro forma financial statements have to be prepared, which no one has ever done. And quite frankly, the question of whether, you know, fire consolidation makes or doesn't make sense can't be even intelligibly discussed until that pro forma is put together. And that has never happened to date. And that's what I keep asking for. You know, for me to say that I'm pro or against consolidation without seeing the financial statements is totally without merit. I mean, I wouldn't be able to fairly, you know, support or go against such a proposal. I think first of all pro forma consolidated financials have to be put together for any number of combinations, whether it's urban or rural or certain districts, you know, or three districts, whatever the case may be. And then based on that, there should be discussion as to moving forward when the numbers reveal themselves. COMMISSIONER HENNING: Yeah, and Golden Gate and East Naples are going to have a merged plan to present to the community. COMMISSIONER NANCE: You're just asking them to engage in a dialogue. COMMISSIONER HENNING: Yeah, just asking them to engage in a dialogue. CHAIRWOMAN HILLER: Which we can certainly ask them to do. But again, we have no jurisdiction. You know, they have their own commissioners. COMMISSIONER HENNING: Absolutely. We have a Page 124 April 9, 2013 jurisdiction over EMS, but they keep on coming -- want to come to the table to run our EMS. CHAIRWOMAN HILLER: Well, I mean, anyone can offer. I mean, there's a difference. Because they're not taking our jurisdiction away, they're coming to us and they're basically saying we are offering to run this for you. I don't even know what their proposal is. They have not come to me and told me anything about what type of a structure or how they want to do anything or, you know, what you're describing. But as far as I'm concerned, it's perfectly okay for anybody, you know, whether it's a private company or a fire district, to come before us and say, you know, we've got a proposal, would you consider it. Versus us telling other commissioners that they should or should not be doing something with respect to an issue that is 100 percent within their legal jurisdiction. I mean, as a courtesy, I mean, phrased properly we could suggest that they consider looking at it. But, I mean, we legally have no right to tell any of the fire districts what to do -- COMMISSIONER HENNING: You're right. CHAIRWOMAN HILLER: -- except our own, you know, our dependent districts. COMMISSIONER HENNING: Legally we don't. Morally we do. COMMISSIONER NANCE: I would love to see them get together and start putting some of the hard issues on the table and talking about it in an open forum. I think that's the only way it's ever going to occur. And for that matter, that goes all the way through EMS as well. I think we could get a dialogue started, I commend you for your effort. I think any open dialogue we can get is going to help solve this problem. COMMISSIONER HENNING: Can you imagine if they agree Page 125 April 9, 2013 to sit down with East Naples and Golden Gate and then we come back and say hey, you know what, it sounds like it's going well, maybe we should be a participant with EMS. COMMISSIONER NANCE: I agree. COMMISSIONER HENNING: But first of all, going back to the way we historically said, you guys merge and we'll give you EMS. Anyway, so we have a motion and a second on the floor, Madam Chair. CHAIRWOMAN HILLER: Any further discussion? (No response.) CHAIRWOMAN HILLER: In all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. You didn't vote. We didn't hear you. CHAIRWOMAN HILLER: Yes. COMMISSIONER NANCE: Aye. Si, 10/4, something. CHAIRWOMAN HILLER: Don't you start or I'll start singing again. COMMISSIONER FIALA: Oh, no. CHAIRWOMAN HILLER: This time it will be a different song. Okay, anything else, Commissioner Henning? COMMISSIONER HENNING: No. Thank you for running a very well oiled meeting. CHAIRWOMAN HILLER: Thank you. I just want to comment and say that we will be bringing forward all the good stuff on the award that we got for our success as a county in job creation. We essentially -- and this was a quote that was part of the press release, but Naples Daily News did not publish but the other Page 126 April 9, 2013 newspapers did publish, and what I said was, you know, Governor Scott essentially laid out a very simple formula and that is, let business be business and it will be successful. You know, less taxes, less fees, less burdensome regulation, and basically creating a pro business environment will allow jobs to grow. And that is what Collier County has done and that is why Collier County has been successful in job growth. So it's really to be commended. I mean, the county is to be commended for doing the right things. And, I mean, the county as a whole, not just government, but the county as a whole for really, really doing things the right way to bring us through this recession to where we can proudly say we've done the right things for the right reason. So I will bring everything forward at the next meeting. COMMISSIONER FIALA: It's actually exciting to see how much progress is taking place. CHAIRWOMAN HILLER: It's absolutely fantastic. We're very, very lucky in the way things are going. The other thing I want to bring up is Commissioner Nance's agenda item with respect to the real estate in my mind was very, very significant. You know, talking about consolidation of efforts and basically achieving efficiencies and optimal returns for the county goes to his recommendation. To give you an example, in Bayshore the CRA very recently, we farmed out the marketing and sale of certain residential properties to a professional real estate firm, and that has been going very well. The thought that I had after I saw Commissioner Nance's memo on the airports, is that what we really need to do, as we do with engineers and all other professionals we consult with that supplement the professionals we have on staff, is to have a consolidated approach to real estate purchases and sales for the county. Well, we have a real estate division. What I think we need to do Page 127 April 9, 2013 is put out an RFP to bring in professional real estate leasing and management companies and have a list of professionals that we have on file who when we want to go out and sale real estate or lease real estate or buy real estate we can pick from those vendors instead of having to come back to the Board every single time, because we do have a lot of real estate transactions, and consolidating that effort, which would go to everything, be it the airports or the CRAs or our property, if we can legally do that would be a good thing. And so I'm going to -- we don't need to discuss it now, but I will talk to staff about it and come back hopefully with a proposal that would allow for some sort of, you know, organized approach to having real estate professionals on staff to getting this done. Because I think that's the direction we need to go. And our staff are not real estate professionals. I mean, selling, leasing, buy real estate needs to be handled by real estate professionals. COMMISSIONER NANCE: Yeah, I'd like to make one more comment. And with respect to the airport, I can respect Commissioner Henning and Commissioner Fiala's dissent on this agenda item. I'm looking forward to having Mr. Ochs bring forward the agenda item on the consultant for management of the airports. And maybe when we see where that goes, you know, it would be appropriate to come forward with something that can get wider support on the Commission for the Immokalee Airport PUD. So I can respect their positions and, you know, let's see where it goes and see what we can do in the future to get some wider support. CHAIRWOMAN HILLER: I really like the idea of outsourcing to the extent we can outsource and reduce having permanent staff that doesn't necessarily work on an issue permanently. It is a good thing to the extent that we can outsource and bring in those professionals that are knowledgeable in the field and do it every day, the better we're Page 128 April 9, 2013 going to be at getting the best return for the taxpayer. MR. OCHS: And I'm happy to do that, ma'am. I just again, for the board's edification and I'll get beat up by staff if I don't remind you, that you have a dedicated staff of real estate professionals which you use that are certified appraisers and real estate -- CHAIRWOMAN HILLER: But not brokers. MR. OCHS: Some have their broker's licenses. CHAIRWOMAN HILLER: But they're not -- you know, there is a difference between people having a broker's license. I have my broker's license, okay? MR. OCHS: Oh, I understand. CHAIRWOMAN HILLER: But the issue is something very different. We're talking about professionals who do this day in, day out, who have a marketing network, who have marketing skills who know exactly how to do it. You know, that is why we contracted with a professional agent to sell the CRA real estate, okay, and not rely on county staff. We do have appraisers, and even with our appraisers we contract out to appraisers to do appraisals for us. MR. OCHS: Sure, sure. COMMISSIONER FIALA: But to be fiscally conservative, wouldn't we want to use our own professionals who are certified? CHAIRWOMAN HILLER: Well, there's a difference. Because these people are not trained and are not networked to market the properties the way outside professionals are. And fiscal conservatism actually suggests outsourcing is the way to go. Reduce the staffing, if needed, or don't hire more and instead bring in those professionals, like we are doing. But we need to do it on an organized county-wide basis to have a really good approach. And I appreciate you agreeing and I really look forward to working with you on that. MR. OCHS: I do as well. CHAIRWOMAN HILLER: Because I think real estate is just Page 129 April 9, 2013 very important. I mean, it's our biggest asset. So thank you so much. It was such a wonderful meeting and to believe -- well, okay, ifs 1:07. I mean, noted for history. COMMISSIONER HENNING: Motion to adjourn. CHAIRWOMAN HILLER: Really? You sure you don't want to stay for longer? I mean, we could come up with something else. COMMISSIONER FIALA: Motion, second. CHAIRWOMAN HILLER: Happy birthday. High five. COMMISSIONER FIALA: Thanks. CHAIRWOMAN HILLER: Meeting is adjourned. **** Commissioner Coyle moved, seconded by Commissioner Henning (Commissioner Henning voted to approve with the exception of Item #16D9) and carried 4/1 (Commissioner Nance opposed) that the following items under the Consent Agenda be approved and/or adopted **** Item #16A1 RESOLUTION 2013-82: ACCEPTING DEDICATIONS ON THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK 49, PAGES 27 AND 28 (ESTIMATED FISCAL IMPACT: $540 PER ANNUM) — PURSUANT TO THE PLAT AND NEEDED FOR SIX-LANING COLLIER BOULEVARD BETWEEN GREEN AND GOLDEN GATE BOULEVARDS (PROJECT #68056) Item #16A2 AWARD CONTRACT #13-6043 TO STEWART TITLE COMPANY AND AMERICAN GOVERNMENT SERVICES CORPORATION FOR "REAL ESTATE TITLE & CLOSING SERVICES — TO PROVIDE TITLE AND CLOSING SERVICES Page 130 April 9, 2013 FOR PROSPECTIVE RIGHT-OF-WAY AND OTHER PROPERTY ACQUISITION BY THE COUNTY FOR A 1-YEAR PERIOD WITH THREE (3) ADDITIONAL 1-YEAR PERIODS POSSIBLE Item #16A3 RECORDING THE FINAL PLAT OF WATERCOURSE AT TALIS PARK (APPLICATION NUMBER PL20120002768) Item #16A4 RECORDING THE SABAL BAY FINAL PLAT COMMERCIAL PLAT- PHASE FOUR, AR-13453, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A5 STIPULATED FINAL JUDGMENT AS TO PARCEL 124FEE AS PART OF THE US-41/COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT #60116 (FISCAL IMPACT: $39,000) — FOR THE PARTIAL TAKING OF COMMERCIAL PROPERTY AT THE TRIANGLE/COLLIER BOULEVARD INTERSECTION, REQUIRED FOR CONSTRUCTION OF IMPROVEMENTS BEGINNING LATER THIS YEAR AS WELL AS A PROPOSED GRADE-SEPARATED OVERPASS IN THE FUTURE, TO SETTLE A LAWSUIT AGAINST NEW PLAN FLORIDA HOLDINGS, LLC AND ELIMINATE FURTHER COSTS FOR EXTENDED LITIGATION Item #16A6 Page 131 April 9, 2013 EASEMENT AGREEMENT FOR ACQUISITION OF A DRAINAGE EASEMENT (PARCEL 271DE) REQUIRED FOR CONSTRUCTION OF THE HALDEMAN CREEK/CROWN POINTE WEIRS SEGMENT OF LELY AREA STORMWATER IMPROVEMENT PROJECT #51101 (EST. FISCAL IMPACT: $14,130) — COVERING 1003 SQUARE FEET MORE OR LESS Item #16A7 RELEASE OF LIEN IN THE AMOUNT OF $10,869.48 FOR A PAYMENT OF $1,569.48, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ELEANOR D. VANDER MEIDEN, CODE ENFORCEMENT CASE CEPM20120003507, FOR PROPERTY AT 346 EDGEMERE WAY N, COLLIER COUNTY, FLORIDA — FOR HAVING AN UNMAINTAINED POOL AND WITH PROPERTY BROUGHT INTO COMPLIANCE BY THE COUNTY SEPTEMBER, 2012 WITH A CERTIFICATE OF TITLE RECORDED BY METLIFE HOME LOANS IN JANUARY, 2013 Item #16A8 RELEASE OF LIEN IN THE AMOUNT OF $454,970.39 FOR A PAYMENT OF $44,570.39, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ELINORD PIERRE, CODE ENFORCEMENT CASE NUMBER 2006050703, FOR PROPERTY LOCATED AT 186 3RD STREET, COLLIER COUNTY, FLORIDA — FOR ILLEGAL CONVERSION OF A STRUCTURE INTO LIVING SPACE & OVERCROWDING WITH A CERTIFICATE OF TITLE RECORDED BY WELLS FARGO BANK IN APRIL, 2012 ON PROPERTY BROUGHT Page 132 April 9, 2013 INTO COMPLIANCE IN JANUARY, 2013 Item #16A9 RELEASE OF LIEN IN THE AMOUNT OF $60,803.15 FOR PAYMENT OF $6,753.15, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. PRIMITIVO LARA, CODE ENFORCEMENT CASE NUMBER CEPM20090000375, RELATING TO PROPERTY AT 5020 27TH PLACE SW, COLLIER COUNTY, FLORIDA — FOR AN UNSAFE BUILDING THAT HAD BEEN CAUSED BY A FIRE AND WITH PROPERTY BROUGHT INTO COMPLIANCE BY THE COUNTY IN APRIL, 2010 WITH A TAX DEED ISSUED TO SOUTHERN YIELD, LLC IN MAY, 2010 AND THE PROPERTY SOLD TO 5020 27TH PLACE, LLC IN OCTOBER, 2012 Item #16A10 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR NORTH COLLIER REGIONAL PARK CHILDREN'S MUSEUM (PL 20110000902) AND WALMART'S STORE EXPANSION (PL 20110001308) AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITY PERFORMANCE SECURITY BOND (UPS) IN THE AMOUNT OF $4,441.71 AND FINAL OBLIGATION BOND OF $8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT— DEVELOPER HAS CONSTRUCTED WATER FACILITIES WITHIN DEDICATED EASEMENTS TO SERVE THIS DEVELOPMENT Item #16A11 Page 133 April 9, 2013 AWARD BID #13-6034 "NAPLES MANOR SIDEWALK IMPROVEMENTS" TO OWEN-AMES-KIMBALL COMPANY IN THE AMOUNT OF $730,996.08 FOR IMPROVEMENTS ON FLORIDAN AND GEORGIA AVENUES AND HARDEE AND JENNINGS STREET (PROJECT #33205) — INCLUDES 5-FOOT WIDE SIDEWALKS, DRIVEWAY RECONSTRUCTION TO MEET ADA REQUIREMENTS AND PART OF FDOT LAP AGREEMENT #FM 429902-1 THAT REIMBURSES THE COUNTY Item #16Al2 COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2012 PROGRESS REPORT AND 2013 ACTION PLAN — THE 8TH ANNUAL PROGRESS REPORT REQUIRED FOR COUNTY PARTICIPATION IN THE COMMUNITY RATING SYSTEM FOR THE NATIONAL FLOOD INSURANCE PROGRAM Item #16A13 A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE COUNTY AND STRAND MASTER PROPERTY OWNER'S ASSOCIATION FOR A BUFFER ALONG VETERAN'S MEMORIAL BOULEVARD AND TO REDUCE PERMITTING FEES FROM $2,000 TO $200 — TO HELP BLOCK INTERSTATE TRAFFIC AND WILL BE MAINTAINED BY THE OWNER'S ASSOCIATION IN EXCHANGE FOR THE REDUCED FEES Item #16A14 A TRAFFIC SIGNAL STUDY REPORT FOR THE LAKE TRAFFORD ROAD (CR 890) AND NORTH 19TH STREET Page 134 April 9, 2013 INTERSECTION IN IMMOKALEE AND APPROVING THE TRAFFIC SIGNAL INSTALLATION AND PROGRAMMING AT THE INTERSECTION (PROJECTS #60172 AND #60016) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A15 CONTRACT #13-6052, "CORONADO CANAL AND GATOR SLOUGH CANAL BRIDGE REPAIRS" TO CSJ OF SWFL, INC. IN THE AMOUNT OF $460,261 .95 (PROJECT #66066) — TWO OF THE BRIDGES IDENTIFIED IN THE COUNTY'S BRIDGE PRIORITIZATION STUDY BASED ON FDOT INSPECTION REPORTS AND INDEPTH FIELD INVESTIGATIONS Item #16A16 THIS IS CONTINUED FROM THE MARCH 26, 2013 MEETING. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE A PROMOTIONAL FUND PRIVATE GRANT AGREEMENT IN THE AMOUNT OF $500,000 FOR THE COUNTY'S ARTIFICIAL REEF PROGRAM, ACCEPT DONATED PROFESSIONAL SERVICES FROM TURRELL, HALL & ASSOCIATES INC., AND APPROVE ANY NECESSARY BUDGET AMENDMENTS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD Page 135 April 9, 2013 APPROVE A BUDGET AMENDMENT TO COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY - IMMOKALEE CRA FUND (186) BUDGET THAT REESTABLISHES FUNDING FOR THE CRA'S COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM — TO ACCOUNT FOR FY12 CARRY- FORWARD FUNDS Item #16C1 — Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet) ADVERTISE AN ORDINANCE FOR FUTURE BOARD CONSIDERATION TO REPEAL AND REPLACE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE 98-37, AS AMENDED, TO REFLECT CURRENT REGULATIONS AND PRACTICES Item #16C2 — Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet) ADVERTISE AN ORDINANCE FOR FUTURE BOARD CONSIDERATION AMENDING ORDINANCE 2001-73, THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE, TO PROVIDE CLARIFICATION AND ADMINISTRATIVE CHANGES TO THE ORDINANCE Item #16D1 SUBSTANTIAL AMENDMENT TO THE FY 11/12 COLLIER COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ACTION PLAN AMENDING THE Page 136 April 9, 2013 EMPOWERMENT ALLIANCE OF SW FLORIDA HOMEBUYER EDUCATION PROJECT DESCRIPTION TO REMOVE A FUNDING SOURCE REFERENCE NOT INTENDED TO BE INCLUDED — HOME PARTNERSHIP INVESTMENT (HOME) FUNDS WERE INCLUDED IN THE PROJECT'S DESCRIPTION BUT WERE NOT INTENDED TO BE USED Item #16D2 SUBSTANTIAL AMENDMENTS TO FY 11/12 AND FY 12/13 ACTION PLANS FOR REPAYMENT OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) HOME INITIATIVE PARTNERSHIP (HOME) FUNDS FOR ACTIVITY #195, CIRRUS POINTE (FY2005-2006), AND AUTHORIZE NECESSARY BUDGET AMENDMENTS Item #16D3 SEVEN (7) SATISFACTION OF MORTGAGE FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) LOAN IN THE AMOUNT OF $51,610 — THIS PROGRAM PROVIDES ASSISTANCE TO FIRST TIME HOMEBUYERS TO USE TOWARD A PORTION OF REQUIRED DOWN PAYMENTS AND EMERGENCY REPAIRS TO NEW HOMES; HOMEOWNER'S MUST REPAY FUNDS UPON SALE, REFINANCING OR LOSS OF HOMESTEAD EXEMPTION Item #16D4 TWO (2) MORTGAGE SATISFACTIONS FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN Page 137 April 9, 2013 ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY, IN THE AMOUNT OF $2,868.60 — THE POLICY PROVIDES A SETTLEMENT AMOUNT TOWARDS A DOWN PAYMENT OF 6% OF FUNDS LOANED, OR $6,000.00 (WHICHEVER IS LESS) AND RECIPIENTS OF THE ASSISTANCE DO NOT RECEIVE FUNDS FROM THE SHORT SALE Item #16D5 A SUBSTANTIAL AMENDMENT TO THE FY12/13 COLLIER COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ACTION PLAN AMENDING THE YOUTH HAVEN SAFE AND SECURE HOME FOR COLLIER YOUTH PROGRAM — REDUCES FUNDING FROM $956,000 TO $221,000 AND NUMBER OF CHILDREN SREVED FROM 269 TO 96 DUE TO A CHANGE IN THE PROJECT SCOPE Item #16D6 ELECTRONIC SUBMITTAL OF SENIOR CORPS RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) APPLICATION FOR FY13/14 GRANT FUNDS IN THE AMOUNT OF $54,522 WITH A REQUIRED MATCH OF $23,367 TO THE CORPORATION FOR NATIONAL & COMMUNITY SERVICE TO CONTINUE THE PROGRAM AND AUTHORIZE NECESSARY BUDGET AMENDMENTS — FOR THE GRANT PERIOD JULY, 2013 THRU JUNE, 2014, UTILIZING LOCAL RETIRED VOLUNTEERS BY PLACING THEM IN NON-PROFIT ORGANIZATIONS AND COUNTY AGENCIES FOR COMMUNITY SERVICE Item #16D7 Page 138 April 9, 2013 REQUEST FOR PROPOSAL (RFP) #13-6014, VANDERBILT BEACH CONCESSION AND AUTHORIZE THE CHAIRWOMAN TO SIGN A CONTRACT WITH DAY-STAR UNLIMITED, INC. D/B/A CABANA DAN'S — A 5-YEAR TERM RENEWABLE (1) ADDITIONAL 5-YEAR PERIOD AND WITH A 20% FEE ON GROSS RECEIPTS FOR CONCESSIONS THAT INCLUDE SALE AND/OR RENTAL OF UMBRELLAS, TUBES, RAFTS, FLOATS, PADDLEBOARDS, CABANAS, BEACH CHAIRS, BEACH RELATED SUNDRIES, CAPS, SHIRTS, JEWELRY, AND ANY OTHER LIKE SERVICES Item #16D8 ACCEPT THE STAFF REPORT REGARDING ACTIONS TAKEN TO ENHANCE PAYROLL TIME CONTROL WITHIN THE PARKS AND RECREATION DEPARTMENT RELATED TO THE PAYROLL THEFT AT THE IMMOKALEE SPORTS COMPLEX Item #16D9 ADVERTISE PROPOSED CHANGES THAT WOULD REPEAL AND REPLACE ANIMAL CONTROL ORDINANCE NO. 2008-51, AS AMENDED AND TO BE APPROVED BY THE BOARD AT A FUTURE MEETING Item #16E1 RECOMMENDATION TO REJECT INVITATION TO BID (ITB) #13-6027 FOR PEST CONTROL SERVICES — MODIFICATIONS WILL BE MADE AND SERVICES WILL BE REBID Page 139 April 9, 2013 Item #16E2 ACCEPT A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTER'S GRANT AWARD IN THE AMOUNT OF $82,669 WITH A LOCAL MATCH OF $4,351, A TOTAL COST OF $87,020, TO PURCHASE NEW MOBILE AND PORTABLE RADIOS FOR OCHOPEE FIRE CONTROL DISTRICT — CURRENT EQUIPMENT HAS REACHED ITS END OF LIFE AND IS NO LONGER COMPLIANT WITH FCC REGULATIONS OR NEW DIGITAL INFRASTRUCTURE Item #16E3 RESOLUTION 2013-83: AUTHORIZING THE CANCELLATION OF 2013 TAXES UPON A FEE-SIMPLE INTEREST COLLIER COUNTY ACQUIRED BY PERSONAL REPRESENTATIVE'S DEED FOR CONSERVATION COLLIER AND WITHOUT MONETARY COMPENSATION — AN AMOUNT NOT TO EXCEED $302.12 FOR TAXES ON A 10-ACRE DONATED PARCEL (PARCEL NO. 00775560008) Item #16E4 ACCEPT REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF FEBRUARY 20, 2013 THRU MARCH 20, 2013 Item #16F1 RESOLUTION 2013-84: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FY12/13 ADOPTED BUDGET Page 140 April 9, 2013 Item #16G1 A TRAVEL REQUEST IN THE AMOUNT OF $1,358 FOR THE AIRPORT AUTHORITY'S EXECUTIVE TO ATTEND FLORIDA AIRPORTS COUNCIL ANNUAL CONFERENCE & EXPOSITION IN ORLANDO, FLORIDA — BEING HELD JULY 28-31, 2013 Item #16H1 ADVISORY BOARD VACANCIES APRIL 1-12, 2013 — AS DETAILED IN THE EXECUTIVE SUMAMRY Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON MARCH 21, 2013. THE SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HAMILTON HARBOR YACHT CLUB, 7065 HAMILTON AVENUE, NAPLES, FLORIDA Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB LUNCHEON MARCH 28, 2013. THE SUM OF $23 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16I1 Page 141 April 9, 2013 MISCELLANEOUS CORRESPONDENCE TO FILE WITH ACTION AS DIRECTED. DOCUMENT(S) HAVE BEEN ROUTED TO COMMISSIONERS PER THEIR REQUEST AND ARE AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL APPROVAL Item #16I2 ADVISORY BOARD MINUTES TO FILE WITH ACTION AS DIRECTED. DOCUMENT(S) HAVE BEEN ROUTED TO COMMISSIONERS PER THEIR REQUEST AND ARE AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL APPROVAL Page 142 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 9, 2013 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Immokalee Fire Control District: 5-Year Plan/Report; FY12/13 Meeting Schedule/ Bond Update for FY11/12 2) Naples Heritage Community Development District: May 8, 2012 Meeting Minutes 3) Heritage Greens Community Development District: May 21, 2012 Meeting Minutes; FY13 Annual Operating Budget & Resolution adopting that budget; FY12/13 Meeting Schedule 4) Collier County Tax Collector: Annual Report for FY 2011/2012; Schedule of Revenue reflecting allocation of unused fees for FYI 1/12 5) City of Marco Island: Public meeting notice Re: water and sewer rate design structure 12.10.12 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES April 9, 2013 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Animal Services Advisory Board: Minutes of 10.16.12; 10.23.12; 10.30.12; 11.6.12 2) Bayshore Beautification MSTU Advisory Committee: Minutes of 10.3.12 3) Bayshore/Gateway Triangle Local Redevelopment Advisory Board: Minutes of 6.26.12; 10.2.12; 11.6.12; 4) Black Affairs Advisory Board: Minutes of 10.22.12 5) Collier County Coastal Advisory Committee: Minutes of 1.18.12 (Wiggins Pass Subcommittee); 3.19.12 (Wiggins Pass Subcommittee); 5.22.12 (Wiggins Pass Subcommittee); 10.8.12 (Wiggins Pass Subcommittee); 11.8.12; 6) Collier County Code Enforcement Board: Minutes of 11.2.12 (Special Magistrate) 7) Collier County Planning Commission: Agenda of 10.4.12; 10.30.12 (EAR); 11.1.12 Minutes of 10.4.12; 10.30.12 (EAR); 11.1.12 8) Contractors Licensing Board: Minutes of 10.17.12 9) Development Services Advisory Committee: Minutes of 11.7.12 10) Environmental Advisory Council: Minutes of 10.3.12 11) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of 11.6.12 Minutes of 10.2.12 12) Golden Gate Beautification Advisory Committee: Agenda of 11.20.12 Minutes of 9.18.12 13) Immokalee Local Redevelopment Advisory Board: Agenda of 11.14.12 Minutes of 10.17.12 14) Lely Golf Estates Beautification Advisory Committee: Agenda of 11.15.12 Minutes of 10.18.12 15) Library Advisory Board: Minutes of 12.7.11; 2.15.12; 9.19.12 16) Ochopee Fire Control District Advisory Committee: Minutes of 9.10.12; 11.13.12 17) Pelican Bay Services Division Board: Agenda of 9.5.12; 11.7.12; 12.5.12; 12.10.12 (Landscape Water Subcommittee); 12.10.12 (Clam Bay Subcommittee); 12.27.12 (Clam Bay Subcommittee); 1.2.13 Minutes of 9.5.12; 9.24.12 (Ad Hoc Comm Pathways Trees); 10.9.12 (Clam Bay Subcommittee); 10.18.12 (Landscape Water Subcommittee); 11.7.12 18) Radio Road Beautification Advisory Committee: Agenda of 11.19.12 Minutes of 9.10.12; 10.8.12 19) Tourist Development Council: Minutes of 2.17.12 (Special Session); 2.27.12; 3.16.12 (Special Session); 3.26.12; 4.11.12 (Special Session); 4.30.12; 5.29.12; 6.25.12; 7.23.12; 8.21.12; 11.26.12 20) Water and Wastewater Authority: Minutes of 7.30.12 April 9, 2013 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF MARCH 14, 2013 THROUGH MARCH 20, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF MARCH 21, 2013 THROUGH MARCH 27, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 USING $25,000 FROM CONFISCATED TRUST FUNDS TO SUPPORT THE "COLLIER 211" CAMPAIGN — A COMMUNITY INFORMATION AND REFERRAL SERVICE AVAILABLE TO RESIDENTS & VISITORS IN THE COUNTY Item #16K1 MEDIATED SETTLEMENT AGREEMENT WITH BUSINESS OWNERS FOR WEST STORES, INC., AND L & R RAM, LLC, AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING SAME TERMS & CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT AWARDING $110,000 WHICH RESOLVES ALL CLAIMS FOR PARCELS 162DE AND 162TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. MAX CAP, INC., ET AL., CASE NO. 12-CA-1749-CA; PARCELS 166DE AND 166TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. HOLISTIC HEALTH HEALING, INC., ET AL., CASE NO. 12-CA-1756-CA AND PARCELS 157DE AND Page 143 April 9, 2013 157TCE IN COLLIER COUNTY V. L & R RAM LLC, ET AL., CASE NO. 12-CA-1828-CA (US41 DITCH/NAPLES MANOR CANAL/ LASIP PROJECT #51101) (FISCAL IMPACT: $93,970) Item #16K2 STIPULATED FINAL JUDGMENT FOR COMPLETE AND FINAL SETTLEMENT AS TO PARCELS 174DE AND 176DE, IN THE COMBINED AMOUNT OF $67,679.50, IN THE LAWSUIT STYLED COLLIER COUNTY V. RJJ, LLP ET AL., CASE NO. 12-CA-1933 (US 41 DITCH/NAPLES MANOR CANAL/LASIP PROJECT #51101) (FISCAL IMPACT $33,479.50) Item #16K3 — Moved to Item #12A (Per Agenda Change Sheet) ****Commissioner Fiala moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Summary Agenda be adopted **** Item #17A RESOLUTION 2013-85: DESIGNATING THE CLOSE-OUT OF TWELVE (12) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) THAT HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO DEVELOPMENT ORDERS CONSTRUCTING UP TO THE AUTHORIZED DENSITY AND/OR INTENSITY AND HAVE BEEN FOUND BY COUNTY STAFF TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS — FOR THE PUDS: AIRPORT PLAZA, PINE RIDGE MIXED USE CENTER, DAVINCI ESTATES IN OLDE CYPRESS, TARPON COVE, GLEN EDEN ON THE BAY, TIMBERWOOD, LAURELWOOD, WHITTENBERG, MADIERA, Page 144 April 9, 2013 WHITTENBERG ESTATES, PARK CENTRAL NORTH AND WILLOUGHBY GARDENS Item #17B RESOLUTION 2013-86: DESIGNATING THE CLOSE-OUT OF THREE (3) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) THAT HAVE FULLY COMPLETED ALL OR PORTIONS OF THEIR DEVELOPMENT AND HAVE CONSTRUCTED UP TO THE AUTHORIZED DENSITY AND/OR INTENSITY, AND HAVE BEEN FOUND BY COUNTY STAFF TO HAVE ONLY ONE RELEVANT TRANSPORTATION COMMITMENT REMAINING — FOR THE PUDS: STERLING OAKS, WIGGINS BAY AND WILDWOOD ESTATES Item #17C ORDINANCE 2013-26: AMENDING ORDINANCE 03-54, AS AMENDED, THE ROYAL PALM INTERNATIONAL ACADEMY PLANNED UNIT DEVELOPMENT (PUD); BY REDUCING THE SIZE OF THE SCHOOL CAMPUS FROM 50 TO 11 ACRES; BY MOVING THE PERMANENT CAMPUS TO THE EAST SIDE OF LIVINGSTON ROAD; BY REDUCING STUDENT POPULATION FROM 1,250 TO 500 STUDENTS; BY REDUCING THE CAMPUS BUILDING HEIGHT TO 50 FEET; BY AMENDING THE MASTER PLAN; BY DELETING THE SURFACE WATER MANAGEMENT PLAN; BY ADDING DEVIATIONS AND REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 163± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION Page 145 April 9, 2013 PUDA-PL20120001225 Item #17D THIS ITEM CONTINUED FROM THE MARCH 12, 2013 BCC MEETING AND IS FURTHER CONTINUED TO THE APRIL 23, BCC MEETING. PETITION VAC-PL20120002564, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN A PORTION OF AN 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, BEING A PART OF SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A AND APPROVE GRANT OF EASEMENT TO REPLACE THE VACATED U.R.O.S. EASEMENT Item #17E ORDINANCE 2013-27: A CONSOLIDATED ORDINANCE ESTABLISHING THE COLLIER COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM THAT REPEALS STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM ORDINANCE (ORDINANCE NO. 93-19, AS AMENDED) AND AFFORDABLE HOUSING ADVISORY COMMITTEE ORDINANCE 91-65, AS AMENDED Page 146 April 9, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :07 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRI STS UNDER ITS CONTROL at` r / i / J GEO IA A. HILLER, ESQ., CHAIRWOMAN ATTEST: DWIGHT .=7BROCK, CLERK • : & A4AOC , Attest/20g .. qr01110 signature only. These minutes approved by the Board on MI tut-, 2&13 , as presented ✓ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC. BY CHERIE' R. NOTTINGHAM, CSR. Page 147