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BCC Minutes 06/11/2013 R BCC REGULAR MEETING MINUTES JUNE 11 , 2013 June 11, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 11, 2013 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Georgia Hiller Tom Henning Tim Nance Donna Fiala Fred Coyle ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk's Finance Director Mike Sheffield, Business Operations Manager - CMO Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority L. r i.tosto. - rit_ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 11, 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 June 11,2013 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church 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. May 14, 2013 - BCC/Regular Meeting Page 2 June 11,2013 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating June 17-21, 2013, National Small Business Week in Collier County and recognizing the 25th Anniversary of SCORE Naples. To be accepted by George Ahearn, SCORE Chairman; Karl Williams, SCORE Vice-Chairman; Richard Federman, SCORE Director of Education; Nef Espinosa, SCORE Director of Marketing; Vin Izzi, SCORE Community Outreach; and Andre Lehmann, SCORE Client and Counselor Services. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for June, 2013 to Naples Network Services LLC d/b/a MyEnviro.com. To be accepted by Kevin and Michelle Borders, Owners. B. Presentation by David Crawford, Planner IV and Sean McCabe, Planning Consultant of the Southwest Florida Regional Planning Council - Draft Report entitled "Legal and Regulatory Reform to Increase Government Efficiency on Rural Areas of Critical Economic Concern in Southwest Florida". (Commissioner Nance) C. Recommendation to recognize Christopher Wiggins, Maintenance Specialist, Airport Authority, Immokalee Airport, as Employee of the Month for May, 2013. 6. PUBLIC PETITIONS A. Public Petition from Randall J. Cohen regarding "E-Mail from Mr. Mike Sheffield to Katie Albers, Naples Daily News, dated April 26, 2013 at 3:11 p.m., Mr. Casalanguida's entire personnel file as back-up material and the recommendation from HR Generalist Glama missing from the file is a focal point of the presentation and missing documents." B. Public Petition from Randall J. Cohen "pertaining to Human Resource specific application for Employment and Recommendations to the BCC by Page 3 June 11,2013 the County Manager." (Petition deemed non-repetitive by Board majority on May 14, 2013.) C. Public Petition request from Randall J. Cohen regarding "Appointment of Stan Chryzanowski to DSAC. Items not presented to BCC as background material which would affect his ethics, credibility, and decision making." 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 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 03-51, as amended, Wentworth Estates Mixed Planned Unit Development (MPUD), by increasing permissible number of dwelling units from 1,200 to 1,450; by amending Ordinance 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.3± acres of land zoned Rural Agricultural (A) to the Wentworth Estates MPUD; by revising the Development Standards to make changes including an elimination of the medium height density residential use which allowed 90.0 feet in zoned building heights and an increase in building height for medium density residential from 45 feet zoned height to 50 feet zoned height; defining zoned height and actual height; providing for deletion of exhibits including Exhibit "A" Location Map, Exhibit "B" Boundary Sketch and Legal Description, Exhibit "C" Existing Conditions Map, Exhibit "D" Topographic Map, Exhibit "E" Area Wide Community Services Map, Exhibit "F" Aerial Photograph, Exhibit "G" Preliminary Drainage Plans and Details, Exhibit "H" Preliminary Sewer Plans, Exhibit "I" Preliminary Water Plans, and Exhibit "K" Bald Eagle Management Plan; by amending the Master Plan; and adding Exhibit "A" Development Standards, Exhibit "B" Page 4 June 11, 2013 MPUD Master Plan, Exhibit "C" Deviations, and Exhibit "D" Water Management Basins, and revising Developer Commitments. The property is located on the southwest side of Tamiami Trail East (US 41) approximately 1-1/4 miles southeast of the intersection of Tamiami Trail East (US 41) and Rattlesnake Hammock Road (CR 864) in Sections 29, 30, 31, 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East, Collier County, Florida consisting of 1563.84± acres; and by providing an effective date. (PUDA-PL20120001126) 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Public Transit Ad Hoc Advisory Committee. B. Appointment of two Commissioners to serve on the Value Adjustment Board (VAB). C. Appointment of member to the Immokalee Enterprise Zone Development Agency. D. Reconsideration by Commissioner Henning of Item #14B1 from the May 28, 2013 BCC Meeting titled: Recommendation the Board of County Commissioners (BCC), acting in its capacity as Community Redevelopment Agency (CRA), approve relocation of the Immokalee CRA Office, authorize giving notice to the CRA's current landlord of its intent not to renew the existing lease agreement, approve entering into a lease agreement for office space with the Southwest Florida Workforce Development Board, Inc., and authorize the CRA Chair to sign the lease agreement with an annual CRA rent expenditure not-to-exceed $21,766.32. (750 S. Fifth Street, Immokalee) E. Recommendation for the Board of County Commissioners to participate in fire consolidation negotiations with East Naples and Golden Gate Fire Control and Rescue Districts to develop appropriate and effective lines of communication and cooperation with EMS and determine the level of EMS involvement after consolidation and board designate a BCC representative to participate on its behalf with the County Manager and appropriate staff and to direct the County Manager to negotiate with East Naples and Golden Gate Fire Districts to release fire plan review and inspection responsibilities to the Growth Management Division. (Commissioner Henning) Page 5 June 11,2013 11. COUNTY MANAGER'S REPORT A. Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, the City of Marco Island and Collier County for FY-2013/2014 in the amount of$16,798,593 and authorize the Chairwoman to sign grant agreements following County Attorney's approval, and make a finding that these expenditures will promote tourism. (Bill Lorenz, Natural Resources Director) B. Recommendation to 1) adopt a Bond Resolution authorizing Collier County Water-Sewer District to incur a fixed interest rate, non-bank qualified term loan through issuance of its Water and Sewer Refunding Revenue Bond, Series 2013 in an amount not to exceed $19,000,000 to provide for the refunding of outstanding Water and Sewer Refunding Revenue Bonds, Series 2003B; 2) approve PNC Bank, National Association, as the qualified financial institution to provide a fixed interest rate bank-qualified tax exempt term loan to provide refunding of the Collier County Water-Sewer District's Refunding Revenue Bond, Series 2003B at a lower interest rate; and 3) authorize the County Manager or his designee to sign the rate lock letter. (Joe Bellone, Utility Finance Operations Director) C. Recommendation to award Invitation to Bid (ITB) #12-5974R, Concrete, Road, Sidewalk Curb and Floor Installation & Repair to BQ Concrete, LLC as primary vendor and Bonness, Inc. as secondary vendor, and authorize the Chairwoman to sign the agreements. (Travis Gossard, Road Maintenance Superintendent) D. Recommendation to award Bid #13-6065 "South County Water Reclamation Facility Grit Systems/EQ Pumps Modifications," to D.N. Higgins in the amount of$1,548,000 Project No. 70089, South County Water Reclamation Facility Compliance Assurance Project. (Tom Chmelik, Public Utilities Engineering Director) E. Recommendation to adopt a resolution authorizing condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project No. 51101. Estimated fiscal impact: $850,000. Page 6 June 11,2013 (Margaret Bishop, Transportation Engineering Sr. Project Manager) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) This item to be heard at 10:30 a.m., immediately followed by Items #14A2, #14A3, #14A4 and#14A5. Recommendation that the Collier County Airport Authority adopts a Resolution and amends Section 4 (Fire and Safety) of the Airport's Rules and Regulations. This item is a companion to Item #14A2. (Commissioner Henning) 2) Recommendation that the Board of County Commissioners, in its capacity as Collier County Airport Authority, approves the request of Fletcher Flying Service, Inc. to Hot Fuel in accordance with the plan and insurance. This item is a companion to Item #14A1. (Commissioner Henning) 3) Recommendation the Board of County Commissioners acting as the Collier County Airport Authority approves the following three agreements with Fletcher Flying Services, Inc.: (1) First Amendment to a Corporate Hangar License Agreement dated December 18, 2007; (2) First Amendment to a Commercial Aeronautical Operations License Agreement dated May 16, 2006 and (3) Tie Down Agreement. (Commissioner Henning) 4) Recommendation Collier County Airport Authority adopts a Resolution and amends its Airport Rules and Regulations by adding a Fair Treatment Policy. (Commissioner Henning) 5) Recommendation to direct the Airport Authority Executive Director to modify Immokalee and Everglades Airport operations by September 1, 2013 to enable the airports to become self-sustained and the Executive Director to bring back to the Board of County Page 7 June 11,2013 Commissioners at the July 9, 2013 Meeting an operations plan and financial report for review to achieve the following: (1) staff reduction plan to reduce staff at Immokalee Regional Airport from 5 FTE to 1.5 FTE and provide a written feasibility analysis to reduce Everglades Airport staff level to a .5 FTE; (2) Adopt an Immokalee Regional Airport ramp fee of$25 in lieu of meeting a new fuel purchase minimum of 5 gallons for landing aircraft; (3) Adopt a single flowage fee for fuel regardless of volume or fuel source; (4) Develop a pre- paid fuel card program to increase funds collected in advance and establish an entirely self-service fuel program without need for staff. Develop a pre-paid fuel card discount system based on purchase volumes; and (5) Partner with Immokalee Community Redevelopment Agency (CRA) by moving CRA offices to Immokalee Regional Airport's management office and utilize CRA staff as airport customer service support in lieu of rent to offset staff reductions. (Commissioner Henning) 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 approve a subordination agreement and conveyance of utility easements to Florida Power & Light Company, required for the relocation of its facilities in conflict with proposed intersection improvements at US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $45,100. 2) Recommendation to award Invitation to Bid (ITB) #12-5857R "Nuisance Abatement Services," to FA Remodeling & Repairs, Inc., Oliva Enterprises and Neal's Lawn and Landscaping Maintenance, Page 8 June 11,2013 Inc. and authorize the Chairwoman to sign the resultant contracts. 3) Recommendation to approve the release of lien in the amount of $66,382.47 for payment of$1,332.47, in Code Enforcement Action entitled Board of County Commissioners vs. Erasmo Armando Aragon, Code Enforcement Board Case Number CEPM20110016069, relating to property at 5235 32nd Ave SW, Collier County, Florida. 4) 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 recording the final plat of Bella Firenze, Application Number PL20120002425, approve the standard form Construction and Maintenance Agreement and approve the amount of the performance security. 5) Recommendation to terminate Agreement No. MOA100, as amended, between Florida Department of Environmental Protection (FDEP) and Collier County and assign a License Agreement to FDEP for ozone monitoring at Laurel Oak Elementary. 6) Recommendation to accept a donation including but not limited to water quality test reports, aquatic plants and floating interlocking mats from the Water Symposium of Florida to investigate water quality in Collier County stormwater detention ponds at an estimated value of $2,000. 7) Recommendation to provide a refund in the amount of$14,830 to Welsh Companies Florida, Inc. for a withdrawn Growth Management Plan Amendment petition. 8) Recommendation to approve offsite removal of excess fill from the Naples Reserve RPUD pursuant to Ordinance Number 12-29, Exhibit F, Transportation paragraph "D" and consistent with Commercial Excavation permit PL 20120002540. 9) Recommendation to approve development and execution of Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the FY13/14 Vanderbilt, Park Shore and Naples Page 9 June 11, 2013 beach renourishment program and reaffirm existing Board of County Commissioners' policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed Temporary Beach Restoration Easement (TBRE), authorize the Chairwoman to execute the Resolution for TBRE, and make a finding that this project and expenditure promotes tourism. 10) Recommendation to revise membership of the RESTORE Evaluation Committee (Committee) to include only non-county staff members, establish the Committee by Resolution as an Ad-hoc committee, and formally appoint Committee members. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Board of County Commissioners (BCC) as the Community Redevelopment Agency provide after-the-fact approval of submittal of a Community Development Block Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Fire Suppression Infrastructure System Upgrade Project in the amount of$344,300, authorize the CRA Board Chairman to execute the Subrecipient Agreement if the grant is awarded, and approve all necessary budget amendments. 2) Recommendation the Collier County Board of County Commissioners (BCC), acting as Community Redevelopment Agency (CRA) Board approve after-the-fact submittal of a Community Development Block Grant (CDBG) application to Collier County Housing & Human Services to augment business support, resources, services and technical assistance provided through the Immokalee Business Development Center (IBDC) in the amount of$140,000, authorize the CRA Board Chairman to execute the subrecipient agreement, if grant is awarded, and approve all necessary budget amendments. 3) Recommendation the Board of County Commissioners, acting as the Community Redevelopment Agency, approves a lease agreement with Hodges University, Inc. to house Immokalee's Business Development Center at a not-to-exceed rent expenditure of$600 through its term. Page 10 June 11,2013 C. PUBLIC UTILITIES DIVISION 1) Recommendation to waive competition and standardize procurement of the proprietary odor control chemical Aktivox, provided by Siemens Corporation. 2) Recommendation to authorize a budget amendment in the amount of $535,994 for design and construction services for Aquifer Storage and Recovery Well No.2 of Irrigation Quality Water Aquifer Storage and Recovery Project No. 74030. 3) Recommendation to approve a work order in the amount of $708,934.50 to Quality Enterprises under RFQ#08-5011-89 to complete interconnect of Livingston Road Supplemental Wells to the Collier County Irrigation Quality Water System; IQ Water Source Integration Project#74405 and authorize the necessary budget amendment. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve four (4) signature authority forms for submittal to the Florida Department of Economic Opportunity for Disaster Recovery grants. 2) Recommendation to approve a State Housing Initiative Partnership (SHIP) release of lien for an owner occupied affordable housing dwelling unit that has been repaid in full. 3) Recommendation to approve the FY13 Program of Projects and the submittal of a grant application through the Federal Transit Administration (FTA) Transportation Electronic Award Management (TEAM) System for FTA, 49 U.S.C. § 5307 FY13 grant funds estimated at $2,857,524. 4) Recommendation to approve the FY13 Program of Projects and the submittal of a grant application through the FTA Transportation Electronic Award Management (TEAM) System for FTA, 49 U.S.C. § 5339 FY13 grant funds estimated at $353,562. Page 11 June 11, 2013 5) Recommendation to approve submittal of a grant application through the Federal Transit Administration (FTA) Transportation Electronic Award Management (TEAM) System for 2012/2013 Federal Highway Administration (FHWA) Flexible Funds in the amount of$1,186,055. 6) Recommendation to award Invitation to Bid (ITB) #12-5976 "Golden Gate MSTU/MSTD Grounds Maintenance" to Hannula Landscape & Irrigation, Inc. 7) Recommendation to award Invitation to Bid (ITB) #13-6090 "Radio Road East MSTU Roadway Landscape Maintenance" to Affordable Landscaping Service & Design, LLC. 8) Recommendation to award Invitation to Bid (ITB) #13-6072 "Vanderbilt Beach MSTU Roadway Grounds Maintenance" to Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. 9) Recommendation to award Invitation to Bid (ITB) #13-6092, Parks and Recreation Department Softball Officials. 10) Recommendation to authorize payment of a $10,902.38 Invoice for public use of Sovereignty Submerged Lands at Goodland Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to Florida Department of Environmental Protection. 11) Recommendation to approve a budget amendment in the amount of$91,188 for continuation of services and accept grant funds for Year 2 for the Retired Senior Volunteer Program (RVSP) from the Corporation for National and Community Service. 12) Recommendation to approve an amendment to the FY 12-13 agreement between Collier County and Youth Haven for a Community Development Block Grant (CDBG) project to remove completion of the shelter expansion. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve the purchase of Group Life insurance, Accidental Death insurance, Long Term Disability insurance and Page 12 June 11,2013 Short Term Disability Claims Administration Services in an estimated annual amount of$721,811, a reduction of$212,642. 2) Recommendation to accept grant proceeds from a Wal-Mart Community Grants Program in the amount of$500 for the Hug-A-Tree Program and approve a budget amendment. 3) Recommendation to approve Amendment No. 08 to the Agreement with Collier County District School Board for the Driver Education Program and authorize the necessary budget amendment. 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. 2) Recommendation to approve an amendment to the December 3, 2002 Contribution Agreement, relating to Sierra Meadows development, by providing that impact fee credits will run with the land in perpetuity, interest free, until used or assigned and providing for allocation of the credits as required by the agreement. 3) Recommendation to authorize the Chairwoman, as a member of the Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY13/14 budget provided for in the Workforce Investment Act Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. 4) Recommendation to direct the County Manager, or his designee and County Attorney to prepare required program agreements with Haynes Corporation and JL South Properties, LLC for the Fee Payment Assistance Program, Job Creation Investment Program and Job Retention Investment Program, consistent with the company's approved incentive application, for consideration by the Board of Page 13 June 11, 2013 County Commissioners at a future meeting. G. AIRPORT AUTHORITY 1) Recommendation to approve the Standard Form Lease Agreement between Southern Illinois Custom Aerial, LLC and the Collier County Airport Authority for improved property at the Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on May 23, 2013. The sum of$23 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Hiller requests Board Approval for Reimbursements Regarding Attendance at Functions serving a Valid Public Purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. Document(s) are available for review in the BCC Office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 16, 2013 through May 22, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of May 23, 2013 through May 29, 2013 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement in the lawsuit entitled Lowe's Home Page 14 June 11,2013 Centers, Inc., v. Kohl's Department Stores, Inc., et al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 08-6373-CA). 2) Request authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2007-44, as amended, the "Collier County Consolidated Code Enforcement Ordinance." 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution amending Resolution No. 90-292 (Development Order 90-3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, Amendments to Development Order by (A) extending the Phase III completion date, the build-out date and the expiration date; and (B) revising references regarding the monitoring report requirement; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Golden Gate Parkway and Airport- Pulling Road in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Petition DOA-PL20130000492) Page 15 June 11, 2013 B. Recommendation to approve an amendment to Collier County Ordinance No. 96-84, as amended (the Radio Road Beautification Municipal Service Taxing Unit), to incorporate provisions to facilitate improvements to the Rich King Memorial Greenway within the MSTU boundaries. C. Recommendation to adopt an ordinance amending Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to provide clarifications, administrative changes, and codification of existing county ordinances. D. Recommendation to approve (1) an Ordinance repealing and replacing Ordinance No. 98-37, as amended; (2) a revised Irrigation Quality Water Policy; (3) standardized Agreements for Delivery and Reuse of Irrigation Quality Water for Major Users and for Basic Users; and, (4) a Resolution authorizing the Chair of the Board of County Commissioners to execute Board-approved Irrigation Quality Water Major User Agreements. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 16 June 11,2013 June 11, 2013 CHAIRWOMAN HILLER: I'm calling this meeting to order. Good morning. Let's begin with the invocation to be led by Pastor Michael Bannon of Crossroads Community Church, followed by the Pledge of Allegiance to be presented by County Attorney Klatzkow. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR BANNON: Let's pray. Oh, Lord, it is good to give thanks to you, to sing your praises, to declare your steadfast love in the morning and your faithfulness by night. Lord god, thank you for blessing us with this beautiful county in which to live. Thank you for the beauty of it. Thank you for the communities that are being built that are fine places to live. And, Lord God, I pray that you would be pleased to glorify yourself this morning in our midst by blessing our commissioners with great wisdom and insight into the task at hand, help them, Lord God, to make decisions that are for our welfare, for the betterment of our community. Help us as well, Lord God, as residents of this community, to be partners with them, to not just shirk our duty as well, to take up the task and to be faithful citizens. Lord God, we commit this meeting to you. Praying, Lord God, that you would, again, glorify yourself, and that the decisions made here would last into the years as good decisions. We give you thanks for what you'll do. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRWOMAN HILLER: County Manager? MR. OCHS: Good morning, Madam Chairwoman, Page 2 June 11, 2013 Commissioners. Item #2A APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES These are the proposed agenda changes for the Board of County Commissioners' meeting of June 11, 2013. The first proposed change is to add Item 10F under Board of County Commissioners. It's a discussion of correspondence between the North Naples, East Naples, and Golden Gate Fire Control and Rescue District regarding potential merger opportunities, and that was added at Commissioner Hiller's request. The next proposed change is to withdraw Item 16A9 having to do with the acquisition of temporary beach restoration easements related to the upcoming beach renourishment project. That's withdrawn at staffs request while we work through some details with the County Attorney's Office. The next proposed change is to continue Item 16G1 to the June 25, 2013, Board of County Commissioners' meeting. It's a standard form lease agreement at the Immokalee Regional Airport, and that request is made at the -- your airport authority's staff request. And one item that I do not have on here, Madam Chair, but it may be worth mentioning, I know the commissioners received an email from Mr. Chrzanowski, who is the subject of one of your public petitions this morning; Item 6C, to be specific. It's a bit unusual, he is not the petitioner, but was named as, essentially, the subject of a petition. Page 3 June 11, 2013 He is unable to be here. I'd ask that that item be rescheduled for a subsequent meeting, I believe the June 25th meeting. So I'll leave that either to the board or in consultation with your county attorney to discuss. CHAIRWOMAN HILLER: If I may. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: My thoughts on that are that we ought to hear the petitioner's request on this this morning, and the reason being, that we're not going to have a discussion or a debate on the merits of what the petitioner is proposing but, rather, we as a board are merely considering whether we even want to address this issue. And if the board decides that, you know, this question has already been asked and answered to the board's satisfaction, then we might not want to hear it, at which point, you know, continuing this would be moot. MR. OCHS: Yes, ma'am, I understand. Thank you. CHAIRWOMAN HILLER: So I would like to recommend to the board that we just proceed with that discussion. Commissioner Henning, would you like to comment on that? COMMISSIONER HENNING: Yeah, I agree with that. It's a resident's petition. It should be heard; however, his petition -- Mr. Cohen's petition on 6A and 6B has nothing to do with the Board of Commissioners and has to do with the county manager and his agent. And the board should not be interfering; therefore, I see no reason why that can't be -- these all can't be addressed in one petition. And he can address that and use his eight minutes. So I'm going to make a motion to approve today's regular agenda with the add-on, and Mr. Cohen's petition to the Board of Commissioners receive 10 minutes. And that is going by our ordinance. Is that right, Jeff? MR. KLATZKOW: Your ordinance is silent. You have a Page 4 June 11, 2013 resolution that allows him up to 10 minutes. COMMISSIONER HENNING: Allows a public petitioner 10 minutes? MR. KLATZKOW: Up to. COMMISSIONER HENNING: Up to 10 minutes? MR. KLATZKOW: Up to 10 minutes, yes. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: So let me -- before we continue, Commissioner Fiala, would you like to comment? I wanted to ask a few questions of the county attorney, but would you like to comment first? COMMISSIONER FIALA: I will, and then your questions will probably coincide with what I'm going to be saying anyway -- CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: -- and that is if we allow him up to 10 minutes but it has nothing to do with the County Commission anyway, why would we want to hear 10 minutes of something that has nothing to do with us? Number one. Number two, if it's defaming somebody's character, I would think that that person would want to be here to defend himself. So I didn't agree with what Commissioner Henning said as far as go ahead with it anymore, but there might be something Commissioner Henning would have to say about that that would then, you know, negate my concerns. But right now, I mean, if it were me, I would want to be here. CHAIRWOMAN HILLER: Commissioner Henning, would you like to respond? COMMISSIONER HENNING: Yeah, the public has a right to petition its government. And like Commissioner Hiller said, we're not going to take any action. I mean, we're going to hear it. And if we do take any action, it's going to have to come back anyways. Page 5 June 11, 2013 Mr. Chrzanowski cannot address -- or anybody cannot address somebody else's public petition. They can only do it under 10 minutes. And, quite frankly, if Mr. Cohen would want to say something about me, I would like for him to, you know, say it so I can review it and maybe come back at the next meeting and respond. CHAIRWOMAN HILLER: County Attorney, I think the community and the board should have clarification on the record as to the difference between a public petition and public comment and what the role is with respect to the board as it relates to public petition versus public comment. MR. KLATZKOW: Okay. And these are your -- first of all, these are your rules. CHAIRWOMAN HILLER: Okay. MR. KLATZKOW: Okay. So whatever the majority of the board wants to do is appropriate here, because they are your boards, your rules; this is your policy. You have two general items where the public has the right to talk to you. One is a public petition and the other is public comments. And Commissioner Henning is absolutely right, your public petition process comes right out of both the federal and the Florida Constitutions where people have the right to petition their government for a grievance, okay. And your best example of that lately was the woman who felt that a sewage backup was the county's fault, and she wanted the county to look into this and pay it. And you heard her. She had a petition before you. She brought forward some documentation. It went back to staff. You brought it back and you heard it. In my mind, that is the perfect example for why we have the public petition process, all right. Personally, I'm not entirely sure what the petition is here, because the backup was not the best, okay. And I'm not entirely sure what the grievance is. Slandering somebody is not a grievance, and slandering Page 6 June 11, 2013 somebody is not a protected speech, all right. But it's up to you. You've gotten the documentation from the petitioner. It's up to you to determine whether or not you think this is appropriate for public petition or if it's more appropriate for public comment, and that's up to the board. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I think that is an important point here. And the problem is that Mr. Cohen has been here repeatedly, meeting after meeting after meeting, and his only purpose is to slander people with whom he has a personal vendetta. There is no motion, no cause of action that would require us to make a decision on any of these things, as Commissioner Henning has pointed out. I think it is an extreme application of the public's right to be heard to allow the public to slander people and use this forum to do so. If Mr. Cohen has a personal grievance against people, then he should handle it through the courts. He should not be coming here repeatedly and slandering people, because it diminishes their reputations and Mr. Cohen's reputation. And, Randy, I hope you get over this, but you're not helping yourself at all. So I don't -- you know, I would be very happy to vote in favor of not letting him do these things here. CHAIRWOMAN HILLER: Having heard this discussion, it seems to me, County Attorney, that it would behoove us to have you review our petition -- public petition ordinance to include the proper manner in which petitions are to be heard so we are ensured that it's clear that the board does not have to hear everything that's presented but only what the board deems necessary to make a decision as to whether it wants to carry an item forward or not and to better clarify the non-repetitive provision to include a recommendation that what we don't want to see is one issue bifurcated into five, six, seven, eight, Page 7 June 11, 2013 nine, 10 tranches to basically create 10 petitions out of one when we're really dealing with one issue. So if you could -- if the board would be agreeable, if we could direct the county attorney to look at our process and maybe look at what other counties do to handle these issues and make sure that we have the best process available that protects the public's interest to petition us but also protects from abuses of the privilege. MR. KLATZKOW: With the board direction, I'd be happy to do that with the provision that I'd be able to work with the county manager -- CHAIRWOMAN HILLER: Of course. MR. KLATZKOW: -- since they're the intake people for all this. CHAIRWOMAN HILLER: Yeah, absolutely, no question. Would that be acceptable to the board? COMMISSIONER COYLE: And postpone these -- reschedule these public petitions until that report is submitted to us? CHAIRWOMAN HILLER: Well, it would be up to -- I would actually bifurcate those two questions. I think we should stick to the issue first of whether or not we want to direct the county attorney and then secondly address your question, Commissioner Coyle, as to whether we want to postpone this. My suggestion would be maybe that we would want to hear it. But, again, we don't have to listen to 10 minutes. And I think -- when I'm listening to what the board has to say up to this point, it would seem to me, I believe there would be a majority of the board that feels that these questions have already been asked and answered and that the board does not care to carry this forward on a future agenda, and then we would dispose of these issues this morning and they would not be coming back and this matter would be settled, if that would be acceptable. But if we could first address the question as to whether or not the Page 8 June 11, 2013 board would like to direct the county attorney to review and refine the ordinance with respect to the public petition process in conjunction with the county manager. COMMISSIONER COYLE: I would support that guidance. CHAIRWOMAN HILLER: In that case, I'll consider that a motion. Commissioner Coyle, would that be a second on your part? COMMISSIONER COYLE: Yes, it would be. CHAIRWOMAN HILLER: Would you like to discuss that motion, or would you like to discuss another issue? COMMISSIONER NANCE: I just wanted to make a general comment. I support the motion. CHAIRWOMAN HILLER: Okay. Thank you. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. The next issue is whether or not we would like to hear the public petition items that have come forward. Commissioner Henning recommended that we consolidate them and hear them as one. You may want to consolidate A and B and consider C a separate item but, again, remembering that you're limited to hearing from the petitioner for a total of 10 minutes and you, as a board, can limit that further to the extent necessary for you to make the decision as to whether or not you want to carry it forward. So would we like to hear these today, or would we like to continue them till we get the county attorney and county manager's report? Page 9 June 11, 2013 COMMISSIONER COYLE: I have heard all I need to hear about the employment of Mr. Casalanguida. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: We've been through that over and over and over, and every question has been answered to my satisfaction. Furthermore, it is the purview of the county manager to select his employees. And unless there has been some violation of law, we shouldn't be interfering in it at all. I have found Mr. Casalanguida to be an exceptional employee. He's done wonderful things for the county and for the people of Collier County, and this continual harping on some misrepresentation, perhaps, of whether -- what his educational level was is, at this point in time, to me, irrelevant. I am not going to take any action against Mr. Casalanguida. He has proved himself to be an excellent employee, and I'd like to retain him and get over all this stuff. CHAIRWOMAN HILLER: Got it. Commissioner Fiala? COMMISSIONER FIALA: I totally agree with that, and I think that Mr. Casalanguida has stood up to this and never defamed the accuser's character. He stood tall and never reduced himself to that level, and I don't see why this person could continuously come in and, you know, pick and pick and pick and slander repeatedly and we put up with it. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I think some of this can be solved when Mr. Klatzkow kindly reviews the public petition process. It's my understanding that the public petition is a mechanism that's in place to request that the Board of County Commissioners take specific action. MR. KLATZKOW: Correct, sir. Page 10 June 11, 2013 COMMISSIONER NANCE: And I believe that all public petitions from this point forward on the application, and as the speaker begins, should state upfront what specific action the person is requesting from the board and present the evidence or the reason why they would like that action to be addressed. I believe anything else that has to do with a complaint or an editorial comment should be handled strictly under public comment. And I think defining that as such, I mean -- and that's not the way these public petitions are presented. They're not presented as to what action he's requesting. They're kind of rambling in nature. And I think we should just frame public petition in that manner. And I would be in favor of continuing those until we have it, unless the board feels like they just want to put this behind us, in which case I could go either way on that. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: No, I haven't changed my mind. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: I mean, you know -- CHAIRWOMAN HILLER: And the only reason I ask again is, given the discussion we've had, what should be done. County Attorney, do we have the ability, from the dais, to decide -- I mean, before hearing the actual public petitions that have been requested to be heard, to make the decision based on what we've reviewed with respect to what's been presented to not go forward; in other words, not to bring it forward on a future agenda, or do we have to give the petitioner the right to speak today in light of the fact that he's presented and it's on the agenda? MR. KLATZKOW: You have a public petition before you. It is in your backup materials. Your resolution provides the requirement to provide you with a petition setting forth the particularities of the grievances as well as any backup. Page 11 June 11, 2013 You can make your determination based on what you've already been presented. For example, you may say, this has been already heard and decided and let it go at that. You can, instead, move it to public comment if that's what your pleasure is, or you can hear the petition. Item #6A PUBLIC PETITION FROM RANDALL J. COHEN REGARDING "E-MAIL FROM MR. MIKE SHEFFIELD TO KATIE ALBERS, NAPLES DAILY NEWS, DATED APRIL 26, 2013 AT 3:11 P.M., MR. CASALANGUIDA'S ENTIRE PERSONNEL FILE AS BACK- UP MATERIAL AND THE RECOMMENDATION FROM HR GENERALIST GLAMA MISSING FROM THE FILE IS A FOCAL POINT OF THE PRESENTATION AND MISSING DOCUMENTS." - MOTION NOT TO HEAR ITEMS #6A AND #6B — APPROVED Item #6B PUBLIC PETITION FROM RANDALL J. COHEN "PERTAINING TO HUMAN RESOURCE SPECIFIC APPLICATION FOR EMPLOYMENT AND RECOMMENDATIONS TO THE BCC BY THE COUNTY MANAGER." (PETITION DEEMED NON- REPETITIVE BY BOARD MAJORITY ON MAY 14, 2013) - MOTION NOT TO HEAR ITEMS #6A AND #6B — APPROVED CHAIRWOMAN HILLER: We have heard 6A and 6B. We have a Florida Statute 125 which provides that the county manager solely has jurisdiction over matters involving his employees. I think we as a board are barred from involving ourselves with the county manager's Page 12 June 11, 2013 decisions with respect to his employees. So as far as 6A and 6B, are you saying that we have the ability to make the decision now whether or not we want to go forward on this given that we have backup and we know what the law is without hearing Mr. Cohen and in doing so we are not violating any, you know, First Amendment right to be heard? MR. KLATZKOW: What I am saying is that you are setting your agenda at this point in time. After seeing -- reading all the backup, if it's your decision not to hear these items, that is fine. There is no freedom-of-speech issue with it -- CHAIRWOMAN HILLER: Okay. MR. KLATZKOW: -- as far as I'm concerned here. CHAIRWOMAN HILLER: And I wasn't sure if there was, but I just wanted to address that to make sure that there's, you know, no compromise on that. So can I ask the board to consider 6A and 6B first? And I think based on what we have heard in the discussion up to this point, the question is whether or not -- or actually I'm going to suggest that one of the board members make a motion that with respect to 6A and 6B, that it be decided based on the backup presented and the evidence already heard today as presented by the petitioner, that the board does not have jurisdiction over this matter since it is within the -- only within the purview of the county manager pursuant to Chapter 125, and that as such the decision by the board would be not to bring these matters forward on a future agenda. COMMISSIONER HENNING: So moved. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Any further discussion on 6A and 6B? (No response.) CHAIRWOMAN HILLER: There being no further discussion, Page 13 June 11, 2013 all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #6C MOTION TO HEAR ITEM #6C — FAILED; MOTION NOT TO HEAR ITEM #6C — APPROVED CHAIRWOMAN HILLER: With respect to 6C, as far as the appointment of Stan Chrzanowski to the DSAC, that matter has not been heard by the board via the public petition as presented but, again, we have backup on that, and the board, obviously, knowingly made the decision to appoint Stan Chrzanowski to DSAC with a full understanding of Mr. Chrzanowski's history with the county and the settlement that came about as a result of the litigation against the county and Mr. Chrzanowski involving, I believe it was -- I wasn't here at that time. MR. KLATZKOW: It was Barbara Burgeson. CHAIRWOMAN HILLER: Okay, Barbara Burgeson. So having reviewed the backup material presented by Mr. Cohen, having previously, by majority vote, approved Stan Chrzanowski to DSAC, and having a full understanding of Stan's history and the settlement, does the board want to entertain this public petition given that all the information is there to make a decision as to whether or not you want Page 14 June 11, 2013 to carry it forward to a future board meeting? Would anyone like to comment on that? COMMISSIONER COYLE: I will say that I see no value in proceeding with this. This is something that has been dealt with, and it is something that is well known by us and, in fact, the public in the past. Okay. CHAIRWOMAN HILLER: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. When I voted that, first of all, I knew Stan's work, I'd read all the backup material on all of the candidates, I know all of the background, and I felt he was the most capable and qualified person to serve on DSAC, so I voted for that. In fact, I might have even recommended that he be appointed. COMMISSIONER COYLE: Voted twice. You voted twice. CHAIRWOMAN HILLER: I think we need a revote. Just kidding. Yeah, okay. Commissioner Nance? COMMISSIONER NANCE: Once again, you know, if somebody wants to come in under public comment and make an editorial comment or state an opinion or state an objection, I have absolutely no problem with that, but I strongly believe that these public petitions must clearly outline which specific action the petitioner wishes to have the Board of County Commissioners take and present the information why, and none of these three public petitions do that. The documents that are filled out and filed with the county attorney do not do that, and I -- you know, if those applications need to be cleaned so that it makes it clear that that's what the petitioner has to do in order for the county attorney to make a reasonable judgment that, you know, there's some reason to bring it forward -- you know, I don't want to continue with this because it's not -- we have a blur between what's a public comment and what's a petition. So I have no Page 15 June 11, 2013 interest in it until it's clearly defined. CHAIRWOMAN HILLER: Commissioner Henning, would you like to comment? COMMISSIONER HENNING: I'd just like to hear the petition and get it over with. CHAIRWOMAN HILLER: Do you want to hear 6C? COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: Okay. Are you making a motion to hear 6C? COMMISSIONER HENNING: I'll do. CHAIRWOMAN HILLER: All right. COMMISSIONER HENNING: And approve the rest of the regular agenda as amended. CHAIRWOMAN HILLER: Okay. Is there a second? MR. KLATZKOW: We can't do that yet. COMMISSIONER HENNING: What's that? MR. KLATZKOW: We cannot approve the regular agenda yet. CHAIRWOMAN HILLER: Because we have to go through consent and summary. COMMISSIONER HENNING: Oh, we do it that way, okay. I apologize. CHAIRWOMAN HILLER: That's okay. So Commissioner Henning has made a motion to hear 6C. Do I have a second? (No response.) CHAIRWOMAN HILLER: There being no second, motion fails. Do I have another motion? COMMISSIONER FIALA: Motion to approve the agenda as amended. CHAIRWOMAN HILLER: No, no. MR. KLATZKOW: We can't approve the agenda yet. COMMISSIONER FIALA: I thought we were done with that Page 16 June 11, 2013 now. Okay. CHAIRWOMAN HILLER: No, no. Commissioner Henning's motion failed. So the other motion would be not to have any comment on the public petition, Item 6C, but rather to rely on the written petition as presented and, you know, the evidence as we know it. MR. KLATZKOW: It's a motion to deny the -- CHAIRWOMAN HILLER: Correct. MR. KLATZKOW: To deny. CHAIRWOMAN HILLER: Right, for the reasons stated. MR. OCHS: Take no action. COMMISSIONER COYLE: I will make that motion. COMMISSIONER FIALA: And I'll second it. CHAIRWOMAN HILLER: All right. So we have a motion and a second to deny 6C. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Henning opposing. MR. OCHS: Madam Chair, my only other note on your change sheet is to note for the viewing audience that the items under your airport authority regular agenda, Items 14A through 14-5 (sic) will be heard in sequence beginning at 10:30 a.m. Page 17 June 11, 2013 And that's all the changes I have, Madam Chair. CHAIRWOMAN HILLER: Okay, thank you. With that, let's move to the consent agenda. MR. MILLER: Madam Chairwoman, I have a registered speaker on this item. CHAIRWOMAN HILLER: Oh, on the -- MR. MILLER: On the consent agenda. I believe he wants an item pulled. CHAIRWOMAN HILLER: Okay. MR. OCHS: And that's Item 2A, Commissioner. It's approval of today's consent agenda as amended. CHAIRWOMAN HILLER: Any comment by any of the commissioners? Would any of the commissioners like to vote against any of the items as presented or would like to continue any of the items or move any items forward to the general agenda? COMMISSIONER NANCE: Madam Chair, I would like to continue Item 16D6, which is a recommendation to award a bid on an MSTU landscape maintenance project until the June 25th meeting to allow me to address some questions that I have regarding the bidding process with staff that I haven't had an opportunity to do. I think it's important. CHAIRWOMAN HILLER: Any comment? COMMISSIONER FIALA: Well, I just want to know, if it's delayed for two weeks, do we still have the landscaping contract, maintenance contract in place so that we, you know -- in this season, we need to make sure that things are maintained. MR. OCHS: Yes, ma'am. We'll make sure the landscaping is maintained. CHAIRWOMAN HILLER: Given no further discussion -- before we take a vote, could we have any ex parte. Commissioner Henning? Page 18 June 11, 2013 MR. KLATZKOW: Commissioner, you have a public speaker who is requesting a specific item be removed. CHAIRWOMAN HILLER: Oh, okay. Can you bring him forward. MR. MILLER: Bob Krasowski, please. CHAIRWOMAN HILLER: Sorry. Sorry, Bob. Go ahead. MR. KRASOWSKI: No problem. Go morning, Commissioners. So nice to see you all here to enjoy this gift of a day. Pretty good setup. CHAIRWOMAN HILLER: It would be really nice if we opened the blinds so we could see what a gift it was. MR. KRASOWSKI: It would be a little, but it hurts the cameras. The ones in the back, that works. CHAIRWOMAN HILLER: Yeah, I know. I'm with you. I'm with you. MR. KRASOWSKI: I'm here to request that you remove from the consent agenda and put on the regular agenda Item No. 16A10. Of course, I have a specific interest in this because it has something to do with beach renourishment and the Restore project. CHAIRWOMAN HILLER: And I did respond to that, I did get your request, and I did send you an email with respect to that. The only purpose of 16A10 is to remove staff as representatives on that advisory board and to limit it just to the commissioners. It is not to have a discussion on where we are with respect to the Restore Act and what's going on. So what your interests would be with respect to Restore would not be part of this agenda item, and we don't address anything that isn't specifically in the backup. So for that reason, it doesn't really make any sense, because it's really a ministerial act, and it should remain on the consent. MR. KRASOWSKI: I appreciate your clairvoyance and Page 19 June 11, 2013 understanding what's in my mind, but there is another aspect to this. CHAIRWOMAN HILLER: Okay. MR. KRASOWSKI: Okay. Because you are 100 percent correct in what you've said. But it also says here that you want to establish the committee by resolution as an ad hoc committee and formerly appoint committee members. So I think in the interest of all -- this overall project and transparency and all that, that the public should have the opportunity to know who's on the committee. CHAIRWOMAN HILLER: Oh, of course. MR. KRASOWSKI: Same old people. I'll save that for later. But, you know -- CHAIRWOMAN HILLER: Same young people. MR. KRASOWSKI: Well -- yeah, there's a couple. CHAIRWOMAN HILLER: Hey. MR. KRASOWSKI: Yeah. So if that could just move through the process in the public, I'd appreciate it. CHAIRWOMAN HILLER: Let me ask first the county manager and then Commissioner Henning, since they are both directly involved with this issue; Commissioner Henning, as the lead representative. Commissioner Fiala is also, but we might just let Commissioner Henning -- COMMISSIONER FIALA: He's the lead. Yeah, he's the lead. CHAIRWOMAN HILLER: -- comment. Yeah, just comment on this issue, and the county manager as to whether or not it needs to be on the general. COMMISSIONER HENNING: This is a very public process we're doing here. Actually we're going above and beyond. And the appointments will be on our agenda in the future; is that right? MR. OCHS: They're part of this item today. COMMISSIONER HENNING: Right. MR. OCHS: And if you want to move this to the regular agenda, Page 20 June 11, 2013 I have absolutely no problem with it. COMMISSIONER HENNING: Yeah, I don't have a problem with it. I don't see a need in it. MR. OCHS: Right. I mean, the board specifically asked me to reach out to certain stakeholder organizations, which we did, and ask them for -- if they would please name a representative for the committee, which they've done, and we are simply formalizing those recommendations with this item along with moving county staff members off of the committee as voting members. But it's the prerogative of the board. I don't have any preference either way. CHAIRWOMAN HILLER: Board, how would you like to proceed on this? COMMISSIONER NANCE: Does Bob have an objection to any of the elements of this item? Do you have an objection to making it non-county staff, do you have an objection to establishing the committee, and do you have an objection to formally appointing members? MR. KRASOWSKI: The objection -- I don't know if I'd put it in that terms. But the situation with the county staff I understand; it makes a whole lot of sense. My concern is that this group has already met once. They've established a criteria for reviewing a lot of these Restore projects that Collier County wants to move forward to the bigger organization, and it's millions of millions of dollars, potentially. I mean, maybe tens of millions of dollars. So I think it should be a little more transparent. You've got the same little cabal of people and issues, so it doesn't hurt, you know. CHAIRWOMAN HILLER: County Manager, could you read off the names of the cabal? MR. OCHS: Yes, I will, Madam Chair. Let me first start by saying that the board had directed that the following stakeholder Page 21 June 11, 2013 groups be contacted to name a representative to the committee: City of Naples, City of Marco Island, Everglades City, Conservancy of Southwest Florida, Rookery Bay, the Big Cypress Basin, the Tourism Development Council, and the Collier County Marine Industries Association. So the representative named by the City of Naples was John Sorey, with an alternate being Mike Bauer; the representative from the City of Marco Island was Dr. James Rivera, with Mr. Bryan Milk named as alternate; Everglades City appointed Mayor Sammy Hamilton; the Conservancy of Southwest Florida appointed Andrew McElwaine; Rookery Bay National Estuarine Preserve appointed Alberto Chavez; Big Cypress Basin Board appointed Lisa Koehler; the Tourism Development Council appointed Clark Hill; and the Collier County Marine Industries Association appointed Frank Perrucci. Those are the appointments that are being recommended for approval by the board with this item. CHAIRWOMAN HILLER: And these organizations are appointing their own representatives? MR. OCHS: Yes, ma'am. MR. KRASOWSKI: Did [hear the Conservancy's representative? CHAIRWOMAN HILLER: Yeah, and it was Andrew McElwaine. COMMISSIONER COYLE: But he's leaving, so you'll need to get a replacement for that. MR. OCHS: Yes, sir. We will ask Mr. McElwaine or the board to name a replacement. CHAIRWOMAN HILLER: And one other comment I want to make. And, again, it goes to an understanding of the agenda and, you know, public comment versus petition and so forth, and that is consent is transparent. All the backup is there. The only thing that we're not Page 22 June 11, 2013 doing on consent is having a discussion. We -- it's not viewed as an item that we necessarily want to either discuss or debate, but it is fully transparent, and the backup is included, and it's, you know, intended that everybody knows what is behind the approval of an item on consent. And usually they're more ministerial items. They're not -- or of lower dollar value. MR. KRASOWSKI: Sure. I understand that and appreciate it and appreciate the consideration of the board. The main thing -- point I wanted to make with this was that the people on this board are already on so many other boards. And I see -- I like to argue for diversity and try to get -- you know, there's got to be more people in the city that can handle this than the same person that's on the Coastal Advisory Committee, the Tourist Development Council. CHAIRWOMAN HILLER: And that's understandable. MR. KRASOWSKI: That's my only -- CHAIRWOMAN HILLER: The only thing is is that these organizations are choosing their own representatives, and they're choosing to, you know, select the same people over and over again. So -- MR. KRASOWSKI: By order of your -- under your direction -- CHAIRWOMAN HILLER: We don't -- MR. KRASOWSKI: -- you could say, well, we want people that represent that aren't already on other boards like that. CHAIRWOMAN HILLER: There's truth to that. You're absolutely right. Commissioner Fiala would like to comment. But you make a good point. COMMISSIONER FIALA: Just so that the audience can catch up with what we're talking about, the Restore Act is the act that has to do with the Gulf oil spill and the BP payments to the states that were affected by this most. And then it comes to Florida. We have 23 Page 23 June 11, 2013 counties that are recipients of this -- of these dollars. Five counties are -- I'm sorry. Eight counties are more affected than others. But all of this money is to go toward restoring environmental concerns, things that could be affected by this. And so the reason these companies or these organizations were chosen was for their expertise with the environment. That is extremely important. We didn't want, you know, a citizen who would think it would be a good idea to appear on there and then not have anything to do with the environment or not have any expertise backing them up. So these selections were chosen very carefully. And Bob is absolutely right. He's very concerned to make sure that all of the environmental groups are involved. As he could see now, they are. Thank you. CHAIRWOMAN HILLER: Thank you. Thanks. MR. KRASOWSKI: So sharp. Thank you very much. CHAIRWOMAN HILLER: Thank you very much, Bob. MR. OCHS: Madam Chair, not to -- CHAIRWOMAN HILLER: I'm sorry. Commissioner Coyle, did you -- COMMISSIONER COYLE: No, that's okay. MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Yes. MR. OCHS: Again, not to belabor this item, but just so, again, the public understands, this is a committee working to make recommendations to the Board of County Commissioners who will make the final selection of projects in a public meeting in September, and there will be ample opportunity for additional public comment at that time. CHAIRWOMAN HILLER: I really appreciate you clarifying that. The other thing is is that you do have the information posted on our county website. Page 24 June 11, 2013 MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: And, you know, if you would - continue to continuously update that so if people can attend the meeting, that they have that information available electronically. Thank you. MR. OCHS: Will do. CHAIRWOMAN HILLER: If we could move to ex parte disclosure on consent. Commissioner Henning? COMMISSIONER HENNING: None. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I have no disclosure on the consent agenda. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: No disclosure. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Oh, I do, and that's 9A. That has to do with the Wentworth Estates or Treviso Bay. CHAIRWOMAN HILLER: Just consent. COMMISSIONER FIALA: Oh, I'm sorry. Just consent. Excuse me. Boy oh boy. Consent? I have no disclosures. CHAIRWOMAN HILLER: All right. Thank you. And I also have no disclosure. The consent agenda is -- can I have a motion to -- COMMISSIONER FIALA: Motion to approve the consent agenda. CHAIRWOMAN HILLER: Thank you. I'll second that. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) Page 25 June 11, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2B APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR SUMMARY AGENDA) — ADOPTED CHAIRWOMAN HILLER: The next item on the agenda is 2B, County Manager. MR. OCHS: Yes, ma'am. It's approval of today's summary agenda as amended. CHAIRWOMAN HILLER: Okay. We have no public speakers. Any discussion on the summary? COMMISSIONER NANCE: Yes, I have a comment. I would request that the staff agree to continue Item 17D, which is an ordinance change regulating irrigation-quality reuse water. And my main concern is that in the original proposal of the ordinance, which was Item 16C8 -- so it was on the consent agenda on May 28th -- the fiscal impact that was stated there was solely the $500, which was the cost of advertising the item. In the backup material on this, it seems that there will be a reduction in revenue as a result of the changes recommended that amount to over $300,000 annually. And I believe that additional staff comment and understanding of this board might be of interest. COMMISSIONER HENNING: I move to approve today's summary agenda, as amended, requested amendment, and I have an ex parte communication on 17A. CHAIRWOMAN HILLER: Go ahead and make that ex parte. Page 26 June 11, 2013 COMMISSIONER HENNING: I received staffs report. CHAIRWOMAN HILLER: Thank you. MR. KLATZKOW: And, Commissioners, can we -- if we're going to continue Item 17D, could we have a date certain so we don't have to readvertise it? MR. OCHS: Commissioners, may we bring that back at the next meeting? CHAIRWOMAN HILLER: Sure. COMMISSIONER HENNING: That's okay? COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: Any ex parte, Commissioner Nance? COMMISSIONER NANCE: Yes. I have read the staff report on Item 17A. CHAIRWOMAN HILLER: Commissioner Coyle, ex parte. COMMISSIONER COYLE: I have also read the staff report on 17A. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Staff report on 17A. CHAIRWOMAN HILLER: And I have also read the staff report on 17A. There being no further discussion, all in favor of the -- approving the consent agenda as -- the summary agenda as amended? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2C Page 27 June 11, 2013 APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Item 2C is approval of today's regular agenda as amended. CHAIRWOMAN HILLER: Is there any discussion? COMMISSIONER NANCE: Move to approve. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any ex parte? No. We'll come to that when we actually address 9A. So, County Manager? Page 28 Proposed Agenda Changes Board of County Commissioners Meeting June 11,2013 Add-On Item 10F: Discussion of correspondence between North Naples Fire Control and Rescue District,East Naples Fire Control and Rescue District and Golden Gate Fire Control and Rescue District regarding potential merger opportunities. (Commissioner Hiller) Withdraw Item 16A9: Recommendation to approve the development and execution of Temporary Beach Restoration Easements(TBRE)with beachfront property owners for the FY13/14 Vanderbilt,Park Shore and Naples beach renourishment program and reaffirm the existing Board of County Commissioners' policy that no renourishment will occur landward of the Erosion Control Line(ECL) on private property without an executed Temporary Beach Restoration Easement(TBRE),authorize the Chairwoman to execute Resolution for TBRE,and make a finding that this Project and expenditure promotes tourism. (Staff's request) Continue Item 16G1 to the June 25,2013 BCC Meeting: Recommendation to approve the attached Standard Form Lease Agreement between Southern Illinois Custom Aerial,LLC and the Collier County Airport Authority for improved property at the Immokalee Regional Airport. (Airport Authority Staff Request) Time Certain Items: Item 14A1 to be heard at 10:30 a.m.,followed by Items 14A2, 14A3, 14A4 and 14A5 6/11/2013 8:47 AM June 11, 2013 Item #2D MAY 14, 2013 BCC/REGULAR MEETING MINUTES — APPROVED AS PRESENTED MR. OCHS: Commissioners, Item 2D is approval of the regular meeting minutes of the Board of County Commissioners' meeting of May 14, 2013. COMMISSIONER FIALA: Motion to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #4A PROCLAMATION DESIGNATING JUNE 17-21, 2013, NATIONAL SMALL BUSINESS WEEK IN COLLIER COUNTY AND RECOGNIZING THE 25TH ANNIVERSARY OF SCORE NAPLES. ACCEPTED BY GEORGE AHEARN, SCORE CHAIRMAN; KARL WILLIAMS, SCORE VICE-CHAIRMAN; RICHARD FEDERMAN, SCORE DIRECTOR OF EDUCATION; NEF ESPINOSA, SCORE DIRECTOR OF MARKETING; VIN IZZI, SCORE COMMUNITY OUTREACH; AND ANDRE LEHMANN, SCORE CLIENT AND COUNSELOR SERVICES — ADOPTED Page 29 June 11, 2013 MR. OCHS: That takes us to Item 4 on this morning's agenda; it's proclamations. Item 4A is a proclamation designating June 17 through 21, 2013, as National Small Business Week in Collier County, and recognizing the 25th Anniversary of SCORE Naples. To be accepted George Ahearn, SCORE chairman; Karl Williams, SCORE vice chairman; Richard Federman, SCORE director of education, Nef Espinosa; SCORE director of marketing; Vin Izzy, SCORE community outreach; Andre Lehmann, SCORE client and counselor services. And this item is sponsored by Commissioner Fiala. If you would all please step forward and receive your proclamation. (Applause.) COMMISSIONER FIALA: You do such a good job in the community; I'm so proud of you. Picture time. CHAIRWOMAN HILLER: Thank you. MR. AHEARN: Could I make a couple remarks? CHAIRWOMAN HILLER: If you'd like to; go ahead. MR. AHEARN: Good morning. My name is George Ahearn. I'm the chairman of the SCORE chapter here. I certainly -- this being my last time before the commissioners, as my tenure is out at the -- in October of this year, so I won't be here again. Karl Williams over there will be taking my place. I wanted to not only thank you for all the kindness and support that this chapter gets but also for the fact that you've recognized our 25 years in town. The only reason we've been around so long is we have a community that really appreciates what we do, supports us, and motivates us to continue to do the things we do. I want to thank you for all of the 60-plus members we have in this chapter here in town, these men and women who devote -- well, Page 30 June 11, 2013 last year -- 12,000 hours of time to this chapter. We did -- and you may not know this, and it's a surprise to maybe everybody, but we actually counsel anywhere from 100 to 200 people a month here in Naples. And this is amazing when you think about the town -- the size town we have. And one-third of those people who come to us are coming to us for the first time. The rest are people who continue to be mentored by us. We also, as you may know, have about 45 different workshops a year -- Rich Federman is the one responsible for putting that program together -- attended by over 500 people this past year. So this is another way we get out in the community. And, Donna, I want to particularly thank you especially, since Donna knows a lot about what we do, not only in counseling and education, but in the other things we did for the county, and she's at many of our events. And thank you particularly for supporting this proclamation and being with us -- COMMISSIONER FIALA: I'm proud to be. MR. AHEARN: -- for as long as you have. Okay. I just handed some data to the County Commission -- county manager, I should say, about some data I did not know when we put the proclamation together, and that's data related to a survey that was conducted by PricewaterhouseCoopers for SCORE. And we got about 13,000 recipients nationwide from people who are clients of SCORE. And in that data it indicated -- we were able to glean the data to tell about clients that came to SCORE in Collier County. So we got also input from our clients. And in that data, our clients said they were able to -- last year. This is 2012 we're talking about -- start different businesses in Collier County last year alone as a result of, you know, coming to SCORE and us working with them. And in addition to that, 127 of our clients said that they not only started a business, but they're in a business and that business improved Page 31 June 11, 2013 its revenue last year. And, again, in a bad year, that was not bad. And that revenue -- we were able to ascertain what that revenue was, and it was about $20 million, which means this is $20 million additional revenue to the county without any cost to the county, which is a, you know, tremendous thing. I'm also happy to say that next month Senator Richter is going to be recognizing SCORE nation -- for the State of Florida for all the things they've done in the State of Florida, and as a result of that, there have been about 3,300 new businesses and 5,500 new jobs created by clients of SCORE in the State of Florida. And we're going to receive a proclamation from the state right here in Naples, by the way. Of course, it was instigated by us in Naples for Senator Richter to do this if he could, and he graciously agreed to do that. And if you look at the additional revenue from the growth of businesses in the State of Florida from SCORE clients, or for clients of SCORE's businesses, $380 million of additional revenue has been put into the coffers of the State of Florida as a result of those businesses. So, therefore, as I end my tenure, I say I'm ending on a very good note here. I just want to thank you all for supporting us for as long as you have been doing that, and that we're going to be working -- I know the chapter under Karl will be working closely with Leo and Bruce on what they're trying to do in the economic development. CHAIRWOMAN HILLER: Thank you. MR. AHEARN: And we're going to be proceeding ahead, and hopefully we'll do more of the same as we go forward. CHAIRWOMAN HILLER: Thank you very much. We appreciate your words. (Applause.) CHAIRWOMAN HILLER: Commissioner Fiala, may I have a motion to approve? Page 32 June 11, 2013 COMMISSIONER FIALA: I'd like to make a motion to approve. CHAIRWOMAN HILLER: And I'll second that. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager? Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JUNE, 2013, TO NAPLES NETWORK SERVICES, LLC D/B/A MYENVIRO.COM. ACCEPTED BY KEVIN AND MICHELLE BORDERS, OWNERS — PRESENTED MR. OCHS: That brings us to Item 5 on your agenda this morning, Commissioners. Item 5A is a presentation of the Collier County Business of the Month for June 2013 to Naples Network Services, LLC, doing business as MyEnviro.com. The award to be accepted by Kevin and Michelle Borders, the owners. Please step forward. (Applause.) CHAIRWOMAN HILLER: Congratulations. Would you like to say a few words after? MS. BORDERS: I do have something for after. CHAIRWOMAN HILLER: Okay, that's great. Then let's take some photographs, and then you can step up to the podium. Page 33 June 11, 2013 Would you like to step up to the podium and say just a few words? MS. BORDERS: I just wanted to take a minute to thank the Naples chamber for being willing to give this type of an award to such a small business like ourselves. I wanted to tell you a little bit about our company and our project and then offer some words of advice to anyone looking to start a business in Collier County. First, Kevin and I did not work together for the first five years that we were in business in Florida. I had finished working a seasonal management position, and Kevin said, if we would just work together, we could do some great things. So I decided to take him up on it, and I couldn't be happier that I did. He didn't have time to focus on marketing and accounting while he was servicing his IT customers. So the year was 2009, and we were trying to come up with a solution to a problem our family was facing. My in-laws were seasonal, and their house up north had flooded twice when they were here in Naples, and our air conditioning had gone out while we were on vacation. So Kevin's background is in computers, and he thought, why don't I take the technology used to monitor server rooms and make that home friendly for the average person that they could use and afford to monitor from a distance. So the first year that we worked together, all my time was spent on marketing our product. I took advice from other members in the business community of how to -- what class to take and what kind of marketing to try. We really have SCORE, the Naples chamber, the Small Business Development Center, the EDC, and Grow Florida to thank for all of the business -- for all of the success on that end. I took a class called Fast Track, which is now offered through the Page 34 June 11, 2013 Naples Chamber, and that led us to our next business milestone, which was in 2011. We won the Excellence in Industry Award from Collier County for innovation, and it drew the attention of a major long-term company in Collier County, Conditioned Air. They're now distributing our product under their own brand name, My Comfort Monitor, and they hired a full-time employee to sell it which, in turn, enabled us to focus more on our IT business, and we hired our first full-time employee this year. The networking groups that we joined to promote our product also brought us IT business. Naples Area Professional League of Executive Services connected us with 80 business owners, many who have become our highest volume customers. Building Managers International and Condominium Owners Management Association originally intended to promote the product, also brought IT business. So if you take anything from what I've said today, please remember these things: Believe that your hopes and dreams can come true; have total faith in yourself and your product. It can make all the difference; team up with someone whose strengths complement yours, because together you can achieve more than alone; take all of the free business help available in your community. SCORE, the Naples chamber, they all want you to succeed, and they'll do anything they can to help you; and, finally, success may not come in the time frame you want it or in the way that you want it, but if you give 100 percent, you'll get back everything that you put in. CHAIRWOMAN HILLER: That's really great. Very nicely said. COMMISSIONER FIALA: Very nice. MS. BORDERS: Thank you. (Applause.) CHAIRWOMAN HILLER: You know, I just want to make a Page 35 June 11, 2013 comment about how quickly success comes. In business, they say an overnight success is 10 years, so you've got time. You're on the right track. Congratulations. County Manager? Item #5B PRESENTATION BY DAVID CRAWFORD, PLANNER IV AND SEAN MCCABE, PLANNING CONSULTANT OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL - DRAFT REPORT ENTITLED "LEGAL AND REGULATORY REFORM TO INCREASE GOVERNMENT EFFICIENCY ON RURAL AREAS OF CRITICAL ECONOMIC CONCERN IN SOUTHWEST FLORIDA" — PRESENTED MR. OCHS: Item 5B is a presentation by David Crawford and Sean McCabe from the Southwest Florida Regional Planning Council on the draft report entitled "Legal and Regulatory Reform" to increase government efficiency on rural areas of critical economic concern in Southwest Florida. And this item was brought forward by Commissioner Nance. CHAIRWOMAN HILLER: How long will this presentation be? MR. OCHS: I don't know, ma'am. CHAIRWOMAN HILLER: We need to put a time limit on it because -- MR. McCABE: I'll be no more than 10 minutes. CHAIRWOMAN HILLER: Okay, yeah. We will limit it to 10. We don't allow for presentations even by staff for longer than that, so thank you. Is there any backup material that the board should receive or -- MR. McCABE: It's already in the agenda package. Page 36 June 11, 2013 CHAIRWOMAN HILLER: Oh, great. I didn't know if there was anything else. All right. MR. McCABE: Nothing else other than what's the report itself, which is a draft report that's in the agenda package. CHAIRWOMAN HILLER: Thanks. MR. McCABE: I'm Sean McCabe. I'm here to represent the Southwest Florida Regional Planning Council. Thank you, Chairwoman Hiller and Commissioners, for allowing me to speak here today on behalf of the council. The report was a project that furthers goals of the council and specifically the council's economic development plan. And we've received funding through the form of a grant from the Department of Economic Opportunity to further study this issue. The issue is what is happening in rural parts of the states and the need for economic development there. In the Southwest Florida Regional Planning Council's region, there is one area that's designated as a critical area of economic concern that's one of three designated in the state. And that area includes some areas outside of our region, but the areas within the region are the unincorporated area of Immokalee and the entire counties of Glades and Hendry. So in those areas, it's -- they looked at the economic factors which are -- allow you to be designated as a critical area of economic concern. And once you're designated as that, you're eligible for special treatment and special incentives and waiver of things to try to promote economic development in those areas. So the reason why we did the study was, despite all of these services for these rural areas, the economic development wasn't happening as quickly as had been hoped, and so they decided to look and see whether or not there were any barriers to economic development in the forms of specific laws or regulations that were Page 37 June 11, 2013 there at the state or local level which were keeping the economic development from happening. • So we formed a committee; we studied this issue. And I won't bore you with all the details that are in the report, because the report is in your package to read for -- if you want the details. But, basically, in the rural areas, they -- it became clear through the work of the committee that the major barriers to economic development, in their minds, were the lack of infrastructure in those areas. So the lack of infrastructure, meaning roads and water and sewer surfaces, they'd be in the corridors where you'd like to promote development. And despite the lack of infrastructure there, there's still some development happening. But we wanted to look and see what could further stimulate development. So in -- for each county, and for -- in the case of Collier County, the area of Immokalee, we came up with specific recommendations. And I'll just limit my presentation here to what the -- what we're seeking from the council to look at in the Immokalee area. So the -- in the area of Immokalee, specifically, there was a need to make a change to the Land Development Code so that the regulations would be more in keeping with the character of the community out there. At one point in time, I think back in 1959, Collier County adopted separate codes for inland and coastal areas. And somewhere in more recent years, I believe in the 1990s, there was -- all the inland and coastal areas, we had a combined unified code here in Collier County. And I know that you're looking at revising that now. There was the overlay district that you considered for the Immokalee area, and there were some issues with that, and I won't go into that at this point in time either. I just want you to approve -- or consider approving changes to Page 38 June 11, 2013 the Collier County Land Development Codes in the rural parts of the county that would adopt standards that are consistent with the values and economic climate of the community of Immokalee and possibly other rural parts of the county. And I appreciate the assistance we received in developing this report from your staff. We met with Jamie French, who is the director of operations and regulatory management; and Bruce Register, who is the director of your Office of Business and Economic Development; Commissioner Nance, and his assistant. And we would -- we appreciate the assistance we had in getting their feedback on the draft report. So at this point in time, I will state that I think that in the rural parts of Collier County you're already doing all the things that would be recommended in the report. You're very proactive. You have the DSAC, many -- you're at the forefront in many areas of streamlining government, trying to get government out of the way of development here in the county, and -- so I don't think we're going to have any recommendations that you aren't aware of and already kind of leading the pack on. But in the area of the rural areas of Immokalee, we would ask that you consider revising the landscaping, architectural codes, and other things that are going to maybe be a little bit excessive for that particular community. So I would ask here today that you consider the information presented and during any future consideration of legal and regulatory reform in Immokalee and the rural parts of Collier County and ask that you accept the report prepared by council's staff that's in the agenda package. Do you have any questions or -- CHAIRWOMAN HILLER: I would actually like to ask a question. I find what you said very interesting. Page 39 June 11, 2013 For the benefit of our audience, I think people have a misunderstanding that Immokalee is actually a city, and it isn't. It's a neighborhood within unincorporated Collier County, and I believe that the area you're describing is about a 30-square-mile area, if I'm not mistaken. MR. McCABE: I don't know what the exact boundaries are. It's the unincorporated community of Immokalee. CHAIRWOMAN HILLER: Well, we actually have had a series of maps presented to us that address the issues that you're raising here today, and we can actually get you a copy that shows you what those boundaries are. And it's my recollection it's about 30 square miles. My concern is, you know, on the one hand, you talk about economic development, which I think has to be defined for a rural area so that it's not confused with economic development that is targeted for urban areas. And when you're talking about, you know, changing an area like Immokalee, are you suggesting shifting it from rural to urban, or are you suggesting preserving rural but developing rural-type businesses that suit that type of community? Because there's a very serious difference between the two. And when you talk about infrastructure, obviously, the infrastructure to support economic development that is rural for a rural community versus urban in a rural community are materially different. MR. McCABE: Correct. CHAIRWOMAN HILLER: Can you talk to that? And, actually, I'm going to make one more comment and that is how that ties into the changes in our growth management statute which provides, essentially, that we don't want to get rid of rural lands, that we don't want to accelerate urbanization of rural lands and, you know, leave our state without agriculture. So, you know, how you reconcile all of that is something I'd be interesting in you commenting on. And I don't know how much time we have to do that here today, Page 40 June 11, 2013 so I'd like you to just say a few words and then suggest that this item be brought forward as a workshop discussion at a future time because this -- actually this, as an item in and of itself, really would be more appropriate on a workshop agenda. So could you just mention a few comments, and then we'll table it and bring it forward at a future date. MR. McCABE: Surely, thank you. In regards to your first comments, I think more the latter -- we're going back -- CHAIRWOMAN HILLER: The latter -- I don't know which my latter is anymore. MR. McCABE: I think that we should keep the character of the community as it is, not try to change -- CHAIRWOMAN HILLER: Surely. MR. McCABE: -- the community of Immokalee from a -- from what it is now to something that resembles an urban area that would be more appropriate for coastal areas. We also strongly believe that the agricultural lands that are -- especially the -- given the history of this area, for this -- in the State of Florida and also for the country, that the State of Florida has provided food for the country for a long time. And we want to preserve prime agricultural lands in all of the country. So the question is how we do that without impacting the farmers, because if we put too many restrictions on their land, then they can't function. But it's interesting that the infrastructure issues are sometimes the same in urban and rural areas because, like, for the roads, you need adequate roads to get the materials to the fields and the crops and the fields to their places where you want to sell them, just as we need adequate roads in rural areas for people to get around. And I would support -- CHAIRWOMAN HILLER: Well, the only reason I talk about Page 41 June 11, 2013 infrastructure is because population projections change. I mean, if you're urbanizing an area and you're going into high-density development versus if you're preserving, you know, the rural character of the community, then while I agree with you, infrastructure is clearly needed for both. Like roads, it's a question of how much. As far as the Land Development Code, I think you're right. You know, obviously, a rural area doesn't need the same standard that an urban area does. But what I would suggest to the board, when we bring this back for discussion, it shouldn't just be for Immokalee. I mean, rural is rural, and the standard that is the rural standard should be for all rural areas in the county, because it would be unfair to give an advantage to one segment of our community when another segment, which is similarly situated, wouldn't have the same benefit, and it would be much more costly to, you know, build a building, say, in a rural area that might be in Commissioner Fiala's district. You don't have any? Just kidding. MR. McCABE: I agree with you in concept. CHAIRWOMAN HILLER: All right. Commissioner Fiala wants to ask a question. COMMISSIONER FIALA: Yeah, just -- I wanted you to repeat what you said about the beautification process. You made a statement in there that you didn't feel that it needed to be -- would you make that statement? MR. McCABE: Correct. I believe I know what you were referring to, which is basically I think that -- the way it's phrased in the agenda package is fairly well -- it's fairly well written, that to approve changes to the Collier County LDC and rural parts of the county, adopting standards that are consistent with the values and economic climate of the individual communities, at a minimum these changes should relax the landscaping, buffering, and open-space requirements in the Immokalee area. Page 42 June 11, 2013 COMMISSIONER FIALA: Okay. That's what I -- one of the things that the Immokaleeans worked with us on years ago was they wanted to create a Community Redevelopment Agency to upgrade yet preserve the character and culture of their community but bring them up a step rather than remain the same, and that's why it was voted in. And not only was it voted in, it was then expanded and expanded to include all the area. And one of the things they wanted was the beautification, landscaping, and so forth. It changed -- it changed the character yet it didn't change what it was there for. I mean, it preserved those things. One of the things the CRA had wanted to do was build a couple -- I think they call them piazzas where people could gather. There weren't any buildings there. There were just shelters where they could become focal points in the community. Yes, it took money. It's never been done, but it takes money to do that. But what they were trying to do was upgrade their appearance. And so what I hear you saying is not to do that so much. Just leave it as it is? MR. McCABE: No, I don't mean to imply that. I think that the specifications of what's going to happen out there are best left to the local area to decide. I think for the community of Immokalee, and with their Community Redevelopment Agency, to work with the staff or the county to decide what is appropriate for that area, you-all are in the best position to decide what's going to work best out there. All I'm saying is what we heard back as feedback was that what's there now, the changes that have been made are excessive, and that -- COMMISSIONER FIALA: Did they tell you what was -- MR. McCABE: -- they're adding too much to the costs, specifically landscaping. Some of the landscape ordinance ends up then resulting in a higher cost than they think there should be for -- so they still want to have -- I agree, I think their intention was -- or their Page 43 June 11, 2013 comment was more or less paraphrased -- is that, yes, they want to have some landscaping standards out there and -- so that the area is -- reaps the benefits of the landscaping ordinance, but the current one that's in place is too expensive to conform with for some of the smaller businesses. COMMISSIONER FIALA: Maybe you could tell me who you interviewed that gave you this, because you keep mentioning "they," and I don't know who "they" is. MR. McCABE: Well, all I know is -- I don't have the specifics with me right now, and I think it was always kind of secondhand. These were stories that were reported to us during a commission meeting. CHAIRWOMAN HILLER: Let me suggest the following. I think this is really great conversation, but it's not really appropriate at this time, because this was a limited presentation. I'm going to suggest, if the board is interested, that maybe sometime in the fall, you know, our agenda permitting during a workshop session, that we not limit the discussion to Immokalee. We need to talk about economic development for all the rural areas of our county, of which there are many, and have this very nice gentleman and his staff come back, and we have a more detailed discussion. And maybe what we could do is pull questions from the board with respect to these areas and direct them to our speaker so he can come back to us and present on those questions, and -- COMMISSIONER FIALA: And maybe expand his scope of -- CHAIRWOMAN HILLER: And expand, right. COMMISSIONER FIALA: -- of information. CHAIRWOMAN HILLER: Right, and -- exactly. So come back with all the questions you have, board, and we'll direct it, then, to our speaker. Maybe we can do that through the county manager so it's in an organized fashion, and then at some later Page 44 June 11, 2013 date put it on the agenda, and you can come back to us with a proposal. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Thank you so much. MR. McCABE: Well, thank you very much. CHAIRWOMAN HILLER: Next item? Item #5C RECOMMENDATION TO RECOGNIZE CHRISTOPHER WIGGINS, MAINTENANCE SPECIALIST, AIRPORT AUTHORITY, IMMOKALEE AIRPORT, AS EMPLOYEE OF THE MONTH FOR MAY, 2013 — PRESENTED MR. OCHS: Yes, ma'am. That takes you to Item 5C on your agenda. It's a recommendation to recognize Christopher Wiggins, maintenance specialist, the airport authority at Immokalee airport, as the Employee of the Month for May 2013. Chris, if you'd please step forward. (Applause.) CHAIRWOMAN HILLER: We've got a lot of stuff here. You have a plaque and then you have an envelope and something you can frame. Congratulations. COMMISSIONER FIALA: Hey, congratulations. MR. WIGGINS: Thank you. COMMISSIONER COYLE: Congratulations. Good job. MR. OCHS: Chris, if you want to stand there and get a photo while I read a few things about you. Commissioners, Chris has been an employee of the county since 2008 working for our airport authority at the Immokalee airport. He's primarily responsible for performing specialized maintenance and Page 45 June 11, 2013 operations assistance, including the fueling and towing of aircraft, maintenance of the facilities, and routine repairs to the runways, taxiways, and landscaping. He interacts closely with flight crews and customers and works diligently to promote the Immokalee airport as a destination to visit the surrounding attractions, such as Lake Trafford, Seminole Casino, and Ave Maria. Chris goes above and beyond in ensuring airport clientele a safe, efficient, and friendly environment, even offering to work flexible shifts to provide that all customers receive first-class service. He is the face of Collier County to many fly-in customers, and his welcoming smile and genuine enthusiasm for the Immokalee airport is evidenced by many positive customer comments on aviation information sites. Chris' positive attitude and exceptional customer service make him truly deserving of this award. Commissioners, it's my pleasure to present Chris Wiggins, your Employee of the Month for May 2013. Congratulations, Chris. (Applause.) Item #7 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Madam Chair, that takes us to Item 7 on this morning's agenda, public comments on general topics. MR. MILLER: Madam Chair, you have two registered speakers. Your first speaker is Bob Krasowski. He'll be followed by Randy Cohen. MR. KRASOWSKI: Glad it worked out that way. Page 46 June 11, 2013 Hello, my name's Bob Krasowski. I wanted to request something from you that you create the direction for an addendum to be placed on what now exists as your beach renourishment bid proposal, which is out now in the public and due back with proposals, I believe, on June 17th, next Monday or something like that. As I had mentioned before at the last meeting with two of you absent, the -- but I forgot to request the addendum, that I believe you can understand how a dredge company might appreciate knowing and possibly planning for the bidding on a project where a preference has been stated. And at your -- not your last meeting, the meeting before, you had mentioned -- you had approved the presentation from staff, which one of the things you approved was that Collier County had a preference for operating outside of turtle nesting season, okay. So it's not identified in the bid that this preference exists, and I know that the way the dredges operate that they -- they'll identify a time slot and they'll focus on that, doing the project in a time slot. So being that you have a preferred time slot which would be -- would not include the last -- the two weeks in September and all of October, which is part of what's out there now inviting people to bid on, that your preference is to start November 1st and not encroach on the end of turtle nesting season, that that should be identified in your bid. I think -- two other quick things, because I might lose my train of thought. CHAIRWOMAN HILLER: Of course. MR. KRASOWSKI: After the meeting of -- two meetings ago, your county staff was interviewed, and it was on Collier Focus, that you're -- that you were planning on renourishing after -- November 1st, after November 1st, outside of turtle nesting season, numerous articles in the Naples Daily News that referenced interviews with Page 47 June 11, 2013 different people also state -- county people make statements that your intention is to operate out of turtle nesting season. So the public's being told this, but it's still sort of like not written in stone. CHAIRWOMAN HILLER: It was supposed to be, because the presentation made by staff -- and I actually reviewed it before the meeting and heard it stated again on the record -- I believe Mr. Casalanguida made the presentation. And that was actually one of the criteria that was supposed to be included in the bid. So staff does need to confirm that what was presented to the board, that the board approved, was, in fact, put in the bid package. That was supposed to be included. MR. KRASOWSKI: I might have missed it, but I don't think so. I reviewed it. So let's hear it from -- MR. CASALANGUIDA: For the record, Nick Casalanguida. As Mr. Krasowski pointed out in numerous public comments, we've said it would be outside of turtle nesting season. It was discussed at the prebid conference but not put in the bid package, so the bidder -- CHAIRWOMAN HILLER: It should have been, because it was included in the presentation to the board, and those items enumerated in that presentation was what the board approved should be in the bid package. So that -- an amendment is appropriate. MR. CASALANGUIDA: And we can certainly send that out, but they're aware. What we've told them is, give us your best price window, and then give us your best -- your price outside of turtle nesting season. So they're going to give us the best price that they can give us for the lowest, and then we'll have to work -- CHAIRWOMAN HILLER: But the issue is the scheduling. MR. CASALANGUIDA: Sure. CHAIRWOMAN HILLER: And we want to make sure, not that we have two prices, but that we're assured that it can be done. And Page 48 June 11, 2013 given that the scope of the project has been reduced so significantly, and in the past we were always able to do it out of turtle nesting season, there's no reason that we can't do it now. MR. CASALANGUIDA: It will be up to their schedule. I think what we're finding with the dredgers, they're going to look for their best window with other projects they have. I think for us, we're competing with other communities. CHAIRWOMAN HILLER: Well, yeah. MR. CASALANGUIDA: Certainly we can put on an addendum. It was told at the prebid conference. That's an easy message to get out from the purchasing department, so we will do so. But they are well aware that we don't want to be in turtle nesting season. CHAIRWOMAN HILLER: Well, we approved specifically that that should be included in the bid, and it should have been included in the bid. MR. CASALANGUIDA: I'll make sure that they have that message. CHAIRWOMAN HILLER: Any further discussion? Commissioner Henning. COMMISSIONER HENNING: Yes. I don't recall that specific CHAIRWOMAN HILLER: It was. COMMISSIONER HENNING: -- discussion on the dais, but I don't want to give new direction to this item unless there has been a mistake, and you need to own up to it. And if we are going to get two bids outside of -- one outside of turtle nesting and the other one best value, best price, right? MR. CASALANGUIDA: We're going to get one bid, sir, and the direction we gave them was outside of turtle nesting season at the prebid conference, so -- COMMISSIONER HENNING: So we're going to get that, right? Page 49 June 11, 2013 MR. CASALANGUIDA: We're going to get that. We're going to get the best priced. And then based on what they tell us where that window is, we will have to bring negotiations back to the board and say, if it's out of turtle nesting season, it's just the best price out of turtle nesting season. If the lowest price is within turtle nesting season, we will negotiate with them to say, okay, what will it be out of turtle nesting season. And the direction was, is to give both options to the board so that you could evaluate price versus impact to turtle nesting season. COMMISSIONER HENNING: Okay. MR. KRASOWSKI: Madam Chair, if I may, because I was at the prebid conference. Number one, the prebid conference is not mandatory, so you have a number of companies that will be interested in bidding here that are going on only what they know from the packet. CHAIRWOMAN HILLER: It's not binding. MR. KRASOWSKI: Nonbinding. This preference is just that, a preference. You're indicating a preference. It's not binding, but it is a preference that will be considered by you when you're considering this. And the reason it was brought up at the prebid conference is because I brought it up, and I put it in questions to the purchasing department, why isn't the -- you know, so -- CHAIRWOMAN HILLER: This is not a -- we're going to have to stop the discussion on this. It's not on the agenda, and your time is up, but I will -- MR. KRASOWSKI: Thank you. CHAIRWOMAN HILLER: -- clarify for the benefit of Commissioner Henning. I know specifically that it was presented to the board as part of the criteria for inclusion in the bid because it is something that I had addressed and was concerned about because there was so much public comment about it. And so it was included Page 50 June 11, 2013 and should have been properly included in the bid because Mr. -- or I'm just going to say Bob -- Bob is right. There is no mandatory attendance at the prebid, and so you've got other potential bidders that are not aware of what our preference is, and it should be noted. MR. CASALANGUIDA: Ma'am, we'll send the addendum out. But because it was a board direction as a preference, not a directive to stay out, it was -- CHAIRWOMAN HILLER: But we said it should be included in the bid criteria. MR. CASALANGUIDA: Not a problem to do it. CHAIRWOMAN HILLER: Thanks. MR. CASALANGUIDA: We still want to give you the lowest and best price and then have you evaluate what period of time it is. CHAIRWOMAN HILLER: Right. But we have to balance it with the environmental interests as well so we don't have issues on that front. MR. CASALANGUIDA: We'll take care of that. CHAIRWOMAN HILLER: You're very kind. Thank you. MR. MILLER: Your final public speaker for public comment is Randall Cohen. CHAIRWOMAN HILLER: County Manager? MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: We have a time-certain at 10:30. MR. OCHS: Yes. CHAIRWOMAN HILLER: So any discussion on this matter, after the speaker is done with his three minutes, has to conclude at 10:30. MR. OCHS: Yes, ma'am. And I think it would also be appropriate to give our court reporter a short break before we launch into all those time-certains. CHAIRWOMAN HILLER: Yes. So what I would like to do, if Page 51 June 11, 2013 you don't mind, to those who are here for the 10:30, we'll stop at 10:30, take -- or should -- what would you like -- what's your preference? MR. OCHS: There's three minutes for the speaker, depending upon how much discussion the board does or doesn't want to engage in, you'll have time to take a break, and then start on or around 10:30, as scheduled, with the time-certain. CHAIRWOMAN HILLER: Okay. Thank you. MR. COHEN: Good morning. Randall J. Cohen, 6064 Shallows Way. First of all, the public petitions that I had on the agenda today, both items were approved by the Board of County Commissioners. The representations that they're county-manager related items is incorrect. You approved both by ordinance. You've never seen these items. They have explicit backup material. They've never been discussed in the past. Every item is fully described with an exhibit backing up every representation in the public petitions. My questions is, why wouldn't this BCC want the taxpayers, voters, and residents to know the truth about appointees, employees that you guys as a BCC confirm as administrators, volunteer board members when this BCC has emphasized truth and transparency in county government over and over and over again? You keep doing it, but then you say, Mr. Cohen, you can't speak, even if it's new items and items pertaining to what you have approved as a board. Not county-manager related items, but items that you have approved. What I'm asking you to do is to please read in full every item that you've got there, see if there isn't deliberate, exact backup material that documents everything that's written in there, and then I'm asking you to reschedule it at your next BCC meeting so I can go forward Page 52 June 11, 2013 with a full public petition so the taxpayers, the voters, the residents have complete and full information related to all these items. Nothing more, nothing less. I've heard comments today that this is a personal vendetta by me. What personal vendetta? Where's it at? I'm a taxpayer, I'm a resident, I'm a voter in your district, Commissioner Hiller. That's the bottom line. We've spoken about this. I've met with four of these commissioners before I ever moved forward with any one of these items. And you asked me, if you can go forward with these items and you have the documentation, move forward with these items, and I have. I met with the four commissioners, except for you, Commissioner Coyle, between December and February. So when you sit up there and you act like you don't know what I'm going to be talking about and what's moving forward, I want the public to know that's incorrect. When you talk about a vendetta, I applied for disability on December 11th. I was no longer an employee. I was out the door, regardless, when Mr. Casalanguida was appointed as the growth management administrator. So there's no personal vendetta. I collected my disability, I'm in a disability related item right now, and that item should come up fairly soon. The other thing that I would like to comment on is I really don't appreciate the comments pertaining to slander. The response is, when someone accuses someone of slander, that's a major offense. And the defense to slander is truth, and I welcome the truth and transparency that you as a board have espoused and have asked for over and over and over again. And those documents that you just got right there, every one of them's backed up with documentation in its full and unadulterated truth. Page 53 June 11, 2013 So I'm asking that the items be scheduled for public petitions, I ask that you read every item carefully, and I ask that this board reconsider the actions that you took earlier today, because they're new petitions. They have nothing to do with anything that you've seen before. Thank you very much. CHAIRWOMAN HILLER: Any comments by the board? COMMISSIONER HENNING: I would caution members of the board to look up some of the material back there in the backup, because it is very graphic. MR. COHEN: Can I comment on that? MR. OCHS: Commissioners? MR. COHEN: Let me comment on that, because the graphic material that you were presented comes straight from the disciplinary action against one of your employees. It comes from an investigation folder. And that graphic material was not going to be shown on the visualizer, okay, but it's part of an investigation and part of a behavior action plan against one of those individuals that's cited in this. That's -- so it's part of the public record. I got it from the county. CHAIRWOMAN HILLER: And your package will be made part of the public record, Mr. Cohen. MR. OCHS: Madam Chair, the -- would you like to give your court reporter a short break before your time-certain hearing? CHAIRWOMAN HILLER: Would you like a break, or do you just want to keep working and never stop? MR. OCHS: Ten minutes, Madam Chair? CHAIRWOMAN HILLER: We'll take a 10-minute break. MR. OCHS: Thank you. (A brief recess was had.) CHAIRWOMAN HILLER: This meeting is called back to order. MR. OCHS: Madam Chairman, that takes us to your Page 54 June 11, 2013 time-certain items. They are 14A1 through 14A5 this morning under your regular agenda, airport authority. Item #14A1 AA RESOLUTION 2013-123: COLLIER COUNTY AIRPORT AUTHORITY RESOLUTION AMENDING SECTION 4 (FIRE AND SAFETY) OF THE AIRPORT'S RULES AND REGULATIONS. THIS ITEM IS A COMPANION TO ITEM #14A2 - MOTION ADOPTING THE RESOLUTION ALLOWING HOT-FUELING AND RISK MANAGEMENT TO REVIEW AND BRING BACK INSURANCE REQUIREMENTS AT A FUTURE BCC MEETING — ADOPTED MR. OCHS: The first one is 14A1. It's a recommendation that the Collier County Airport Authority adopt the attached resolution and amend Section 4 of the airport rules and regulations. And this item was brought forward by Commissioner Henning. CHAIRWOMAN HILLER: Let me begin by saying 14A1 through 5 have all been brought forward by Commissioner Henning, so I'm going to go, in each case, back to Commissioner Henning to let him address the issue and lead the discussion. But before we begin, we have a number of public speakers. And some of you have signed up for multiple items, some of you have only signed up for a single item. What I would like to ask is if you have comments that relate to all of these items, if you could speak one time, and we'll recognize that you're speaking to 14A1 through 5 rather than repeat the same thing over and over and over again. So if you could keep that in mind, we'll start with 14A1, and if you're one of those speakers who wants to make a general comment to apply to all, we'll start with that agenda item and make sure that your Page 55 June 11, 2013 comments are considered ahead of the discussion on the future items, if that's acceptable to all the public speakers, because I know we have a lot in the audience. So no need to repeat. We'll recognize you for all items. Commissioner Henning. COMMISSIONER HENNING: Thank you, Madam Chair. You asked me to work with the County Attorney's Office to bring back a lease for Fletcher's Flying. We have accomplished that. There are some requests by Mr. Fletcher and his company. I do want to recognize my aide, Camden Smith, on the great work that she has done through this whole process, several phone calls to other airports, working with Mr. Curry, and so on and so forth. I do want to say that Mr. Curry, on some of these items, does not agree. He is our airport director, and I think it's fair that -- after my presentation that you listen to your airport director so we can make a sound decision. This first one is changing our policies through a resolution. One of the issues with Fletcher Flying is hot fueling. And, by the way, we do have pictures of his planes that have been modified for hot fueling. Mr. Fletcher's -- Fletcher Flying is recognized by the FAA to hot fuel his planes, and he has certain procedures. And I can tell you that we went through risk management to make sure that he has the proper insurance in case of an accident. So that's what I'm presenting today is a -- is the resolution to change the policy on hot fueling. Any questions? COMMISSIONER FIALA: Do we want to hear from the speakers before or after we speak? Because I do have a question. CHAIRWOMAN HILLER: Commissioner Fiala, why don't you ask your question now. COMMISSIONER FIALA: Okay. I read through everything in Page 56 June 11, 2013 the agenda packet, and one of the things the Federal Aviation Administration recommends is that hot fueling be conducted only by aircraft utilizing Jet A or Jet Al fuel types. And then it says, if strict operating procedures are not followed, hot fueling of aircraft utilizing AvGas can be extremely hazardous due to its low flash point. Can you tell me what type of fuel Fletcher Flying Service utilizes? Of course, this is not for Fletcher. It's for everybody. I understand that. COMMISSIONER HENNING: Well, it's for everybody under criteria. COMMISSIONER FIALA: Right, right. COMMISSIONER HENNING: Certain criteria. COMMISSIONER FIALA: But I just wanted to bring out that point, and I'm asking -- or maybe I can just -- on the item that is directly related to Fletcher and their hot fueling, maybe I should ask it under that item instead, right? Is that what you would prefer? COMMISSIONER HENNING: It doesn't matter. I think -- Camden, do you want to show how a plane -- COMMISSIONER FIALA: No, I just want to know the type of fuel. COMMISSIONER COYLE: Okay. They use jet fuel. MS. SMITH: Yeah. This is Camden Smith, for the record. COMMISSIONER COYLE: It is less volatile than gasoline. MS. SMITH: He uses Jet A fuel. COMMISSIONER FIALA: That's what I wanted to know. Thank you. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I don't know. I guess I was expecting a presentation of some kind concerning this process. But the thing that bothers me, troubles me, is that the insurance underwriter has very clearly specified that he is concerned or troubled Page 57 June 11, 2013 about the amount of insurance, and he has asked that the airport manager be aware that one million dollars in liability coverage may not go a long way. And if we get sucked in on a big enough loss, it would affect the accident-loss history through no fault of their own, that means through no fault of the airport manager's fault. The FAA says that this is a dangerous process and should be only conducted under specific circumstances. And if we're going to ignore that warning and allow it for routine processes of refueling at Collier County, or the airport in Immokalee, I think we need to take into consideration the need for higher liability insurance limits in order to protect the interests of the taxpayers of Collier County. COMMISSIONER HENNING: Commissioner Coyle, I think you ought to hear from your -- the county manager's risk management personnel on this issue. I thought that was resolved, but I may be -- stand corrected. MS. SMITH: Yeah, Camden Smith. Risk management was working on this with us, and they can go through the procedures on what would be directly affecting 14A1. This is not related directly to 14A2, but a related item. MR. WALKER: Good morning, Commissioners. Jeff Walker, risk management director. The underwriters with our carrier, Global Aviation, did express some concerns about the liability limits of Fletcher Flying Service. They were satisfied that they had the proper coverage in place, that they had waiver subrogation in place, that they had the additional insured provisions in place. They did express some concern about the million limit. But, again, that's a policy decision for the board. You know, I might recommend that you look at a limit of 2 to 5 million as an alternative. COMMISSIONER COYLE: The million-dollar limit is almost Page 58 June 11, 2013 the minimum that any aviation organization airplane owner will be able to get by with, and this is for at least three aircraft. MR. WALKER: The coverage itself is okay. The limit was the only issue. COMMISSIONER HENNING: That's per incident. MR. WALKER: That's correct. COMMISSIONER HENNING: Okay. And are you recommending more per incident? MR. WALKER: Well, I know in the case of EMS MedFlight, we actually carry a 30 million limit, and that is at the request of, typically, hospitals in other areas that we fly into. I'm just saying that it is not unusual in the aviation business to carry limits of 5 million or higher. That is not unusual at all. COMMISSIONER HENNING: Okay. Thank you. Now, can you tell us what the airport coverage for liability is? MR. WALKER: We carry -- we carry a million limit on liability on the airport; however, the airport's a little bit different of an operation. An airport liability policy is like a general liability policy. It covers things like trips and falls on premises, things of that nature. Now, when you're getting into the operation of an aircraft, that is a little bit of a different beast in terms of the exposure. COMMISSIONER HENNING: Okay. Madam Chair, I think it's appropriate to hear from Mr. Curry. COMMISSIONER COYLE: Don't go away. I have another question about insurance for you. It says here that under the "who's covered" section of the policy, shall include Collier County Board of County Commissioners acting as the Collier County Airport Authority but only for claims of bodily injury, mental anguish, or property damage and, specifically, excluding claims for personal injury while the insured aircraft is being operated by the policy holder. Page 59 June 11, 2013 I have no idea what that means. Can you tell us in English? MR. WALKER: Yeah. I raised that issue with the carrier as well, because these are manuscript policies. Aircraft policies are nonstandard. Personal injury in the insurance business typically refers to defamation of character, those type, slander and libel defamation of character. That's the reason I wanted it to specifically address the issue of bodily injury separate from personal injury. Because if you listen to attorney commercials, they equate personal injury with bodily injury, and it's a different animal in the insurance business. So when they rewrote that, I wanted them to specifically address the bodily injury issue. COMMISSIONER COYLE: Okay. Can you tell me what that means? Give me an example of how it would apply in the case of an accident. MR. WALKER: You know, if they were hot refueling and there was an explosion of some kind and there was shrapnel that hit a bystander, a third party who happened to just be there, that's an example of a bodily injury claim arising out of that particular type of activity. COMMISSIONER COYLE: And it would be covered? MR. WALKER: Yes, sir. COMMISSIONER COYLE: To our benefit? MR. WALKER: Yes, sir. And this was reviewed by our aviation carrier as well as our aviation broker. COMMISSIONER COYLE: Okay. Thank you. CHAIRWOMAN HILLER: May I ask a question before Commissioner Fiala does? With respect to our liability limits under sovereign immunity, how does that interface with the policy that you're describing? And is your concern a bill of attainder, or what is the issue? Because I thought that our liability limit statutorily was, Page 60 June 11, 2013 like, 200 per incident, and for cumulative incidents it was 300,000. MR. WALKER: Well, it is for a public entity under Florida Statute 768.2(A). In the case of Fletcher Flying, they would not fall within that. CHAIRWOMAN HILLER: But that's their problem. MR. WALKER: It is, however -- CHAIRWOMAN HILLER: So how does that become our problem? Because, you know, given that there's subrogation, given that, you know, we're actually -- for our 200-, 300- limit will be covered, I mean, why do we care about how he covers himself with respect to his corporate or personal liability? MR. WALKER: Well, I think that good risk management practice is that you want the entity who is creating the exposure to be financially responsible for any acts that occur under their supervision. CHAIRWOMAN HILLER: But they are. I mean, they're indemnifying us. There's subrogation. I mean, you've got that all covered. I mean, as a matter of law, they can't have recourse against us. MR. WALKER: I think the issue is you want them to have the type of limit that they could -- that is sufficient to address the occurrence. CHAIRWOMAN HILLER: And are we requiring -- are we looking into the insurance requirements of other -- not with respect to hot fueling, but with respect to the other planes that are landing at our airport that potentially could cause some sort of harm to a passerby or an employee? Are we looking at that issue with respect to people who land at our airports with respect to other planes that are tenants at our airports, or are we singling him out? MR. WALKER: Well, again, our office is not aware of planes that land at airports. I mean, we tend to just review tenants and leases and contracts that occur at our airports. We wouldn't know about -- Page 61 June 11, 2013 Mr. Curry may know something that I don't know, but we don't have any knowledge -- CHAIRWOMAN HILLER: And the only reason I'm raising this is, you know, the issue of bodily injury in the example you gave -- I mean, while we're talking about hot fueling -- could come about for any number of other reasons. So, you know, you're raising a broader insurance coverage question as to whether or not people who use our airports with their private planes or commercial planes, as the case may be, or, you know, companies that are using our hangars to store their planes, have the type of coverage to protect, for example, invitees, passer-bys, whoever, at the airports. I mean, you're opening a can of worms that goes beyond this hot fueling issue. MR. WALKER: And, again, I'm expressing what the opinion of the aviation underwriter was at the time. We asked for the opinion of Global Aviation with regard to the limits. CHAIRWOMAN HILLER: And is Global Aviation our underwriter? MR. WALKER: Global Aviation is our carrier for the airport. COMMISSIONER HENNING: Madam Chair, I don't want to get too far off. CHAIRWOMAN HILLER: I agree, but I think we have an issue here, not just with respect to this hot fueling. I think there's a global insurance issue -- COMMISSIONER HENNING: For the airports? CHAIRWOMAN HILLER: -- with respect -- for the airports. COMMISSIONER HENNING: Maybe they'll be raising; however, this item is particularly changing the policy at the airport. And working with the County Attorney's Office -- if you can allow him to elaborate on what we're doing with this particular item. And as far as the insurance of the airports, that's something that Mr. Curry maybe should look at and make recommendations to the Page 62 June 11, 2013 airport authority. CHAIRWOMAN HILLER: And maybe what we could do is accept what you're proposing, Commissioner Henning, as presented with, you know, the million-dollar policy, subject to change depending on, you know, what the research shows with respect to, you know, insurance of our airport users generally. COMMISSIONER HENNING: Correct. CHAIRWOMAN HILLER: You want Commissioner Klatzkow to -- COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: Commissioner? I am so sorry. It's the chocolate. I'm sorry. COMMISSIONER FIALA: May I ask a question? CHAIRWOMAN HILLER: Yes, Commissioner Fiala. COMMISSIONER FIALA: Okay. This also includes all three airports, this request, or this amendment, or resolution, excuse me, all three airports? I wanted to know maybe -- I don't know if you know this, Jeff, but you can stay there. How many other airports in this vicinity allow hot fueling? Could you give me that answer? I mean, you know, just like small, little airports, LaBelle or -- COMMISSIONER HENNING: Well, I could tell you LaBelle does. COMMISSIONER FIALA: They do? And the reason I ask is -- not because I wanted to say that so much -- is that if they -- if there aren't many and if crop dusting companies or whatever find that this is the place to go so that they can hot fuel their planes, we have to take that into consideration when we're talking about insurance. We're not only talking about Fletcher Flying. We're talking about anybody now who wants to use this airport or Everglades City airport, because we have to make sure that this is a blanket protection for us and for the airports, because now we're opening up an opportunity that many Page 63 June 11, 2013 people might be looking for and do not have at this time. COMMISSIONER HENNING: Well, here's the issue, Commissioner Fiala. It takes a special apparatus to hot fuel -- COMMISSIONER FIALA: I read all of that, yes. COMMISSIONER HENNING: -- that is not on the tanks. So if somebody would come in and hot fuel, they would have to have -- actually have that apparatus, and it's -- usually it's a mobile tank that you apply to it, and you've seen that in the backup on how that's done. COMMISSIONER FIALA: Yes, but I'm talking about insurance. I'm talking -- if we have other people wanting to use this, is $1 million a fair amount of insurance to cover other people that also want this, or is it just molded just for Fletcher? COMMISSIONER HENNING: Just one. That is the requirement. I know we're off base here on 14A1, but that is the discussion that we had with risk of insurance, just one million. COMMISSIONER FIALA: And this is for all airports and for all hot fueling, right? COMMISSIONER HENNING: No. It's just for -- CHAIRWOMAN HILLER: Just Mr. Fletcher. COMMISSIONER HENNING: The insurance -- COMMISSIONER FIALA: This isn't -- this doesn't say just Fletcher. COMMISSIONER HENNING: Well, you're asking two questions. COMMISSIONER FIALA: No, I don't think so. I'm talking about all three airports that are included in this topic, and it doesn't mention Fletcher at all. It talks about hot fueling. COMMISSIONER HENNING: Okay. Well, we would require -- I hope we would require anybody that wants to hot fuel make sure that they have the proper insurance. COMMISSIONER FIALA: And is $1 million appropriate for Page 64 June 11, 2013 all? CHAIRWOMAN HILLER: They're going to research. COMMISSIONER FIALA: Yeah, I'm just -- I just want to clarify. COMMISSIONER HENNING: For each. COMMISSIONER FIALA: Is it appropriate for all companies who want to come in and hot fuel because they feel this is a -- you know, something that they would like to participate in as well? Is that insurance a fair number for anybody else also who wants to come in? MR. WALKER: Well, I don't know that I can give you that answer as I stand here right at this moment. That's something we would have to research and find out. CHAIRWOMAN HILLER: That's what I think we were talking about earlier. This isn't part of the agenda, but it's a tangential question that has to be asked. Everybody that's similarly situated has to have the same standard apply to them. So, you know, if someone wants to hot fuel, they have to provide proof of insurance of X dollars at whichever Collier airport they're hot fueling at. And so you'll bring that back to us? MR. WALKER: Yes, ma'am, we would be happy to do that. CHAIRWOMAN HILLER: And if you could tell us, you know, what the requirements are with respect to insurance from other airports. And that way we won't discuss the question of insurance as it relates to hot fueling or, you know, general coverage as to airport users till another agenda item at a future meeting. Is that acceptable, Commissioner Henning? COMMISSIONER HENNING: (Nods head.) CHAIRWOMAN HILLER: Did you want to refer to the county attorney to say anything? COMMISSIONER HENNING: I would. MR. KLATZKOW: What we're talking about here, really, and Page 65 June 11, 2013 it's -- Jeff s title is risk management, okay. If you want to completely eliminate the risk, you don't allow hot fueling. But these items in total here are an attempt to continue a relationship with a valued member of the community here, because we don't have a lot of crop dusters, and we don't have a lot of people who fight fires who are aircraft, all right. So this is, really, how do we keep Mr. Fletcher in business in Collier County? Now, you have minimum insurance, and then you can go up from there. For example, we all drive cars. The state requires a minimum insurance to get a license. I have the maximum allowed by law. I don't know why I get this back feed. COMMISSIONER FIALA: I don't know what that noise is. MR. KLATZKOW: But somewhere in between, you know, there's something that we're comfortable with. So I guess the real question -- and Mr. Walker will come back -- is what are we comfortable with as far as a minimum insurance for something like this goes. Your point that we have a $200,000 statutory cap is well taken. I don't know if we really need to require somebody to indemnify us for $30 million if we have a $200,000 cap. But Jeff is outstanding at what he does, and I would -- CHAIRWOMAN HILLER: We trust you, and you just bring it back to us. MR. KLATZKOW: I would recommend, you know, whatever he recommends. CHAIRWOMAN HILLER: All right. So we'll just wait till you come back and tell us what other airports do and how these issues are addressed. Thank you. Commissioner Fiala, are you done? Your light is back on. COMMISSIONER FIALA: No, I'm finished. CHAIRWOMAN HILLER: Okay. Commissioner Coyle? Page 66 June 11, 2013 COMMISSIONER COYLE: Yeah. I just want to emphasize that for this item, for 14A1, the safety alert for operators from the U.S. Department of Transportation, FAA, that is attached as a backup for this particular item. And it clearly says that hot fueling loading can be extremely hazardous and is not recommended except when absolutely necessary due to the nature of the operation. Now, that's a very clear warning that one should be somewhat selective in how you go about allowing these operations. Now, what we're contemplating doing is ignoring that warning and saying, well, you know, it doesn't make any difference about the nature of their operations and whether it's absolutely necessary. We're just going to do it for all of our airports and make a general change. That's dangerous. That's very, very dangerous. It might be perfectly safe with Fletcher doing it, but how do you do that without carving out a special exemption for anyone at one of our airports? And that is a very important consideration. So whatever we do with this, if the decision is to allow Fletcher to hot fuel, we need the right -- a change in airport operations in a way that doesn't open the door for just anyone who wants to begin doing it. And certainly having an open port fueling connection is going to cost somebody money, both for their adaptation of their airplane as well as the refueling stuff. But it is not out of the question that somebody might want to exercise that right and begin hot fueling in other places and other airports. So it's just something we need to try to anticipate so that we don't increase our risk, because we are ignoring a very pointed warning from the FAA about the danger of doing this. CHAIRWOMAN HILLER: County Manager? I'm sorry. County Attorney? MR. KLATZKOW: Yeah, I concur with Commissioner Coyle, which is why it's structured that nobody can hot fuel without the prior Page 67 June 11, 2013 written approval of this airport authority. And so any application has to come forward to this board. And these questions will be asked, do you really need to do this for your business? Do you have the sufficient insurance? Do you have the sufficient procedures in place so that -- COMMISSIONER COYLE: But it's -- those questions are not going to be asked unless you put that in the regulation. MR. KLATZKOW: They are in the regulation. COMMISSIONER COYLE: Okay. MR. KLATZKOW: They have to come forward with an application to you. COMMISSIONER COYLE: What kinds of justifications are necessary in order to get approval for hot fueling? MR. KLATZKOW: I think every business is going to be different, sir. COMMISSIONER HENNING: We're going to hear that on 14A2. COMMISSIONER COYLE: Okay. All right. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I concur with what Commissioner Coyle is saying and our county attorney. Crop dusting and firefighting by air are inherently dangerous. Application of pesticides is inherently dangerous. Hot fueling that supports those activities is inherently dangerous. I think that's agreed. I think we should put it in the hands of our risk managers to indicate how much insurance we have. But if we're going to support ager business, which in Collier County alone has a $2 billion compound economic impact -- if we're going to support the county areas in Southwest Florida that have similar interests, if we're going to support our citrus industry which is in crisis, and we're going to avail ourselves of the specialized services which Mr. Fletcher provides in Page 68 June 11, 2013 the event we should have a catastrophic wildfire circumstance, I think it is clear that it's in the best interest of Collier County and the airport authority to do whatever it takes to set this up so that we can do this activity. We say repeatedly we want economic development. We want to encourage industry and manufacturing. Allowing those activities are going to have risks that are different from the urban coastal zone in this county. So I think we just need to move on, and I completely support Commissioner Henning's effort in this direction. And I want to go ahead and, if we can, hear from the public speakers and move forward with doing this. CHAIRWOMAN HILLER: Commissioner Nance, in light of what you just said, would you like to make a motion to support 14A1? COMMISSIONER NANCE: I certainly would. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: And with that, we'll turn to the public speakers. Would you like to speak first? COMMISSIONER HENNING: Well, at a certain time I think you ought to hear from our director. CHAIRWOMAN HILLER: Absolutely. Would you like to do that before or after the public speakers? COMMISSIONER HENNING: It's up to you. CHAIRWOMAN HILLER: Then let's go ahead and listen to our public speakers and then allow Mr. Curry to respond, and that way he can address whatever concerns are raised by the public speakers, and you can address the board as well. MR. MILLER: Your first speaker for 14A1 is Ron Hamel. He'll be followed by Gene McAvoy. CHAIRWOMAN HILLER: And in each case -- Page 69 June 11, 2013 MR. HAMEL: Can I just circulate this? CHAIRWOMAN HILLER: Yeah. And please give a copy to the court reporter. In each case, if you have general comments, state what your general comments are first, and then if you have a comment on the specific agenda item, which is 14A1, then follow that by stating your comment with respect to 14A1 is, and then continue. MR. MILLER: Madam Chair, Mr. Hamel here has registered to speak on Items 1 through 5. CHAIRWOMAN HILLER: On 1 through 5. So if you could just be Gone Juan (sic). You're wonderful. Thank you. And thank you for being here. We really appreciate you taking the time. MR. HAMEL: Commissioner, how are you? COMMISSIONER COYLE: Good. How about you? MR. HAMEL: Madam Chair, members of the commission, I guess, seated as the airport authority as well. Is that procedurally what we have here? For the record, my name is Ron Hamel, and I'm executive vice president of the Gulf Citrus Growers Association, and we represent the citrus industry in the five counties, including Collier, Charlotte, Glades, Hendry, and Lee Counties. I'm pleased to recognize several members of our industry in support of agriculture that are here today to discuss this issue. And I will say that it's somewhat unique for me to step up and do what we're doing, and that is to support an individual member in an issue like this. But we feel that the Fletcher Flying Service and the operations at Immokalee airport are critical to the long-term survivability of our industry. I would like to say that we certainly support the recommendations that are being proposed today, all of the recommendations that will allow the Immokalee airport to more Page 70 June 11, 2013 effectively and efficiently operate while, at the same time, keeping the airport safe and operating in accordance with federal, state, and local rules and regulations; at least that's what we understand the proposals do. We would like to extend our sincere thanks to Commissioners Henning, Hiller, and Nance specifically for their efforts in addressing the key issues that have come to -- come into focus there at Immokalee Airport. As we are all aware, the Immokalee airport's strategic rural location and operations are critical to the very survival of our citrus and agricultural industries here in the region. The Immokalee airport, from which Fletcher Flying Services provides its aerial spraying operations, has actually grown in its economic importance to our industry as the citrus growers of Collier, Hendry, and surrounding counties have been facing the battle against the deadly greening disease. And many of you have already heard that this disease is not only here in Florida, but it has spread to Texas and California. So this has grown from a local issue to a national and international issue. And greening definitely has the potential to wipe out our citrus industry here in Florida, Texas, and California. I provided a handout of our last newsletter which kind of tells a little bit more in detail about some of the efforts that are going on. We've been in this battle with greening for -- since 2005. But working with UF/IFAS Southwest Florida Research and Education Center scientists, Florida Department of Agriculture, and the U.S. Department of Agriculture regulators and aerial applicators, such as Fletcher Flying Service, our association has put together one of the best programs in Florida to reduce the population of the Asian citrus psyllid, the insect that spreads the greening disease. At the center of this effort is an intensive, cooperative aerial Page 71 June 11, 2013 spraying initiative, most of which is coordinated through Mr. Fletcher's good services. Our region, Southwest Florida, was the first geographical area in the state to organize such an effort, as was recommended by the National Academy of Sciences, to create what they call citrus health management areas, or CHMAs, that paid close attention to all the pests and diseases that are impacting the industry but more specifically, in this case, the greening disease. We're in the process of reorganizing our efforts and redoubling our efforts to deal with this disease here in the area. The decisions that you make today regarding the Immokalee airport are very timely and provide positive economic and operational solutions to the issues that have evolved at the facility over the past several months. Although GCGA is supportive of all the proposed recommendations that are being presented today, we are particularly supportive of the recommendations to amend Section 4, fire and safety, of the airport rules and regulations to allow for what is called hot fueling provided -- and I think this was speaking to Commissioner Coyle and Commissioner Fiala's, that proper safeguards are in place from all perspectives, including the insurance, and I believe that you-all are prepared to move forward with that. We also recommend that if that technology is adopted, that it certainly be applicable to the Fletcher Flying Services. I'll just end by -- CHAIRWOMAN HILLER: Can I interrupt you for one moment? Members of the board, given the fact that Mr. Hamel does represent the Gulf Citrus Growers Association, would you mind if we indulge him with a few more minutes to let him finish? COMMISSIONER FIALA: No. And he was registered for all Page 72 June 11, 2013 five, so he's doing the whole thing at one time. CHAIRWOMAN HILLER: Would that be okay? MR. HAMEL: I'm trying to rush through this. CHAIRWOMAN HILLER: No, no. This is very important -- COMMISSIONER FIALA: Take your time. CHAIRWOMAN HILLER: -- because you're representing a whole industry, and we're concerned about the industry, so continue. MR. HAMEL: Thank you very much. I certainly do appreciate that. Anyway, going back. Let me see where I ended here. Okay. The hot fueling also be extended to Fletcher Flying Services provided that the company provides a required SOP, which is indicated in your backup information and insurance as proposed. Our support is based on our understanding that hot fueling is an authorized and common practice in rurally located airports throughout the United States which are providing agricultural spraying services. Also, and most importantly, this procedure allows for the most economically efficient and timely spraying operations for citrus groves. And I'm not a technologist. I'm not an airport -- or an aviator, which I'm sure that any of these people that are actually representing them can get into the details there. But as I understand it, it's a time-and-money issue as well as one that allows a plane to fly more efficiently and operate more efficiently and on a timely basis which, as these little bugs move from grove to grove, it is a critical factor. Again, we thank you for your leadership in working to resolve the issues at the Immokalee airport and its growing importance to the agricultural communities that it serves. This facility and its operations is economically critical to our industry, particularly at this time, as its strategic base for our battle against citrus greening. Page 73 June 11, 2013 We respectfully request your support for the recommendations that are before you as members of the Collier County Airport Authority. And, you know, just to kind of reiterate a little bit of what I've said, here's a recent editorial by our Florida agriculture commissioner, Adam Putnam, on save our citrus. And one of the things we're doing here in this region is doing far and above what other regions of the state are doing, and that is to try to save our industry. And we certainly appreciate your time and the courtesy that you've extended to our industry and also your time that you've taken to really look into this issue, because it's really critical for the future of our -- of citrus and whatever other pests and diseases that could come to this region. CHAIRWOMAN HILLER: Thank you, Mr. Hamel. MR. HAMEL: Thank you. CHAIRWOMAN HILLER: I want to just add one comment, and that is that the cocktail, if you will, that Mr. Fletcher is spraying over the orchards to protect against the greening was developed scientifically by a part-time resident and actually full-time orange grove owner here in Collier County, Mr. Maury Boyd. So we owe him a lot as well, and that is what Mr. Fletcher is actually spraying is Mr. Boyd's solution to the citrus greening problem. COMMISSIONER FIALA: And, of course, I think everybody wants to protect our citrus industry. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER FIALA: I mean, without exception. Nobody's ever said, no, we don't want to spray. That's a lifeline for our county and actually for this whole region. And we certainly would want that to be done. We're just talking about specifics, but certainly not to degrade in any way the spraying or the encouragement of assisting and working with the citrus industry. Page 74 June 11, 2013 CHAIRWOMAN HILLER: Thank you very much. MR. MILLER: Your next public speaker -- COMMISSIONER NANCE: I'd like to make one statement. One, Mr. Hamel, I'd like to especially thank you, sir, for your initiative at coming here today and also your leadership not only with your -- within your association, but within the industry as a whole. I think we should be very proud that our citrus industry in Southwest Florida, which includes five counties and over 125,000 acres of citrus, has been a leader in attacking this dreaded disease. It's been an international problem for decades. It goes back into the '70s in our discussions in Florida. But thank you, sir, everything you've done to coordinate the effort between -- not only with the industry professionals, but the University of Florida and the growers. Thank you so very much. CHAIRWOMAN HILLER: And I'd like to say, one other thing is -- if you don't mind, if you would take the time to attend -- when we have our economic workshop on, you know, what's going on with respect to the rural communities of Collier County, that you attend because, obviously, citrus is a very large part of that segment of Collier County. And, Mr. Ochs, if you could let Mr. Hamel know when that workshop is held and invite him to that. If you have any comments or would merely like to listen, we would appreciate you being there. MR. HAMEL: Sure. If you were to go back and search the record, we have been pretty heavily involved over the years with the rural stewardship program and many initiatives here in the county, although we're a regional association and we try to cover the waterfront, so to speak, in the five-county region as well as around the state. But we have very progressive growers in this part of the state; Page 75 June 11, 2013 we're blessed with that. These guys are doing everything they can to be competitive and stay in business and, you know, every little bit helps. But this issue has come up, and it just so happens that, strategically located, that airport is critical to dealing with this battle, and who knows what else is coming down the front. But I appreciate the kind comments and appreciate you-all's leadership in looking into this and trying to make something work for everybody, including the county. CHAIRWOMAN HILLER: Thank you, thank you. COMMISSIONER NANCE: Thank you. MR. HAMEL: Thank you. MR. MILLER: Your next pubic speaker is Gene McAvoy, to be followed by Phil Stansly. MR. McAVOY: Good morning, Madam Chairman, Commissioners. Thank you for letting me speak today. I just wanted to, again, support Mr. Fletcher's Flying Service and the service that it provides. As was mentioned, agriculture and citrus is a multi-billion-dollar industry in this area. We have approximately 125,000 acres of citrus which is located around Immokalee airport. It's strategically located in that it's central not only to the citrus here in Collier County, but in Lee and Hendry Counties as well. And in this industry time is money. If we have to move that service to another location, for example, LaBelle, you're going to add 50 miles flying time round trip on many of our operations in the Collier County area. Timeliness is also of an essence in the battle against the citrus psyllid in that we're trying to cover, over a very short period of time, 125,000 acres, which requires that those planes come and go as fast as they can to cover that area uniformly in a short period of time. Because if you don't do that, you spray one area, psyllids are going to Page 76 June 11, 2013 move and build up in another area. So, basically, you have to contain that pest and hit it simultaneously across that big area. Hot fueling, as has been mentioned, is a common practice. This is done in LaBelle. It's done in Belle Glade. It's done in rural agricultural airports all over the country. It's, you know, nothing new, and it's been done successfully in many, many areas. So, again, this is essential to our industry, and we hope that you will support this. I forgot to mention who I am. I'm the extension directer in Hendry County. We're in charge of the multi-county agents that support agriculture, University of Florida agents across the area, so -- CHAIRWOMAN HILLER: So please come to our workshop as well. MR. McAVOY: Okay. CHAIRWOMAN HILLER: In fact, just get the word out as soon as the county manager sets the date. I encourage everyone that represents the various facets of the agricultural industry, that they all come. And we know that you're coming ahead of time so we can consider your issues. MR. McAVOY: Okay. COMMISSIONER NANCE: Thank you so much, Gene. Just as a way of background for everybody, how long have you worked for -- in your capacity as a professional? MR. McAVOY: I've been in my capacity 18 years in this area with the University of Florida, and I've worked in agriculture for my entire career of over 40 years now. CHAIRWOMAN HILLER: That's great. COMMISSIONER NANCE: In your professional experience now with our ager business professionals, are there any producers out there now that are not using integrated pest management and relying upon timeliness for their pesticide applications? Page 77 June 11, 2013 MR. McAVOY: None, none, Tim. It's essential that we, you know, do these kind of things to control the pests and diseases that are constantly threatening the industry. COMMISSIONER NANCE: Gene, thank you, once again, for your service, and thanks for coming today. COMMISSIONER FIALA: And we're happy you're doing that, by the way. Thank you. MR. MILLER: Your next speaker is Phil -- pardon me, Phil -- Stansly. MR. STANSLY: Correct. MR. MILLER: He'll be followed by Bill Garrett. MR. STANSLY: Thank you. I appreciate this first opportunity I've had to address the Collier County Commission. My name is Phil Stansly. I'm professor of entomology at the University of Florida Research Center in Immokalee. I've been there since 1989. I'll probably die there. They say some of us are on drop, but I'm on a drop-dead program. I love my work, and I enjoy being there. But I haven't really had a sense of mission that I've had -- like I've had here since 2005 when we first detected greening in the state. I was wondering whether any of you read the Scientific American article, might have seen that, where the headline was, "The End of Orange Juice." Well, you know, we've heard that prediction from a number of people when greening first came here, knowing what kind of disease it is. Of course, we've heard that in the past, so many other new pests and diseases are the end of citrus, but this one could really be the end of citrus. As a matter of fact, some of the professionals, anthropologists, my colleagues, gave us five years of survivability and, yet, we're still there and we're still fighting. But we wouldn't be here and we wouldn't be still fighting if it Page 78 June 11, 2013 wasn't, to some extent -- well, for the ability to deal with the vector of the disease, which is this psyllid that you've heard about, the jumping plant louse that's only been in Florida since 1998, and our ability, as Gene McAvoy just mentioned, to control it in a timely manner is critical. We're blessed here in Collier County, particularly, with large extensions of citrus where aerial application is not only feasible but, in many cases, the most efficient and effective way to deal with this vector. We came up with a system some years ago, what we call the dormant spray. This insect spends the wintertime basically waiting for spring, waiting for the spring flush of citrus foliage to put its eggs and get the next generation going, and by attacking it in this winter time frame, what's becoming a very narrow window because of the weather changes that we're seeing, we're able to reduce those populations to such an extent that in many cases it's not necessary to spray again for some time into the following year. And so, again, it's a timing issue, and the aerial spraying is critical. Fletcher really provides, I would say, more than 70 or 80 percent of the spraying in our area. The other companies are quite distant and more or less on the periphery, and I really would -- I wish he was here, because I'd like to commend him for his efforts. He's done everything he can to maintain his costs low and make this an effective and economical process for everyone, and I think we can attribute our success in controlling this pest and, consequently, the disease, to a great extent on Mr. Fletcher's efforts. So I certainly would urge you all to support him. I understand that there's some technical issues, and I think that we see the resolution to those, and help us deal with this disease and keep citrus growing in Florida. CHAIRWOMAN HILLER: Thank you very much for your comments and for being here today. We very much appreciate it. Page 79 June 11, 2013 MR. STANSLY: It's a pleasure, and it's always good to talk to an audience who's actually listening. CHAIRWOMAN HILLER: And we care. MR. STANSLY: And who cares. CHAIRWOMAN HILLER: Thank you very much. MR. STANSLY: Thank you. MR. MILLER: Your next speaker is Bill Garrett. Mr. Garrett is signed up for all five of these items. I don't know if you want to -- CHAIRWOMAN HILLER: Again, if you could comment at one time, we would appreciate it. COMMISSIONER HENNING: Madam Chair, may -- I think we need an exception to the rule. Bill, you are representing Fletcher Flying since Steve is not here? CHAIRWOMAN HILLER: Oh. Oh, yeah. I apologize. That's correct. COMMISSIONER HENNING: So we need some interaction on some of this stuff, especially the lease. So if you would indulge. CHAIRWOMAN HILLER: Absolutely. And why don't we not treat him as a speaker for those agenda items but rather as the representative for Fletcher so that you can deal with him on finalizing the negotiations publicly. COMMISSIONER HENNING: We can. CHAIRWOMAN HILLER: Thank you. Go ahead. MR. GARRETT: I think it's evident -- CHAIRWOMAN HILLER: This is -- is this your general commentary? MR. GARRETT: Yes, ma'am, I'll try to be. CHAIRWOMAN HILLER: Then limit it to three minutes, and then with respect to the other items, it will be as directed by Commissioner Henning. MR. GARRETT: I think it's evident that these guys have shown Page 80 June 11, 2013 the crisis that the citrus industry is under. I'll just get -- you know, cut to the chase. The reason for our wanting to hot refuel is efficiency on our part. It's -- as a pilot, Steve and I have 65 years experience, well over 50,000 hours, the majority of it in these airplanes, and safety is our main issue. If you look up chicken in the Webster's dictionary, this is what you'll see. We -- the -- our being able to refuel with the engine running lets us haul -- in my case I haul 300 gallons of gas in that airplane, jet fuel. And if I can fly with half the fuel on there, which is the practice in crop dusting, it lets me take off quicker, turn quicker, plane's easier to handle. And you do a few loads, and you take on a little more fuel. I mean, that's what we're all about. And I'm sorry that all this has come about, but we're just trying to do our job in the most efficient, safest manner we can. And I think we are certainly equipped with all the proper stuff, our training, and we've demonstrated that we can safely do this process. And it's essential. I mean, it certainly helps our operation to a great extent our being able to fly with less fuel and refuel with the engine running as we need it. CHAIRWOMAN HILLER: Can I ask a quick question? MR. GARRETT: Sure. CHAIRWOMAN HILLER: You've -- have you ever done hot fueling at LaBelle? MR. GARRETT: Oh, yes, ma'am. CHAIRWOMAN HILLER: And what is the insurance requirement at LaBelle? MR. GARRETT: I can't tell you that. CHAIRWOMAN HILLER: So they've never asked you to produce insurance? MR. GARRETT: No, ma'am. CHAIRWOMAN HILLER: What is your current insurance? Page 81 June 11, 2013 MR. GARRETT: Our insurance is, I guess, a million dollars. CHAIRWOMAN HILLER: A million dollars. So LaBelle accepts a million dollars? MR. GARRETT: I'm sure they do. CHAIRWOMAN HILLER: I think it's important that we explore what the other airports are requiring when we do the insurance analysis because, you know, obviously, I'm sure they've carefully considered this as well. Thank you. MR. MILLER: Madam Chair, you have three additional speakers; however, they've all registered for Items 14A2 and A3. I didn't know if you wanted me to call them now or not. CHAIRWOMAN HILLER: Are you inclined to make general comments, or are you going to speak specifically to those two items? Can you name the other speakers? MR. MILLER: Yeah. We have Krista Kulpa. MS. KULPA: I think we'll speak at the end. We'll hold off. CHAIRWOMAN HILLER: Well, you're going to speak at the end in regards to what? MS. KULPA: Fletcher Flying Service, the two issues of the hot fueling. CHAIRWOMAN HILLER: So you want to speak specifically to 14A2 and then again to 14A3, not make general comments? You're going to speak specific to those? MS. KULPA: No. I think we're just probably going to have general comments. CHAIRWOMAN HILLER: Well, then we're going to do all general comments now. MR. MILLER: Krista Kulpa would be next, followed by Spencer Fletcher. CHAIRWOMAN HILLER: Did you want them to go, Page 82 June 11, 2013 Commissioner Henning? COMMISSIONER HENNING: This is Steve Fletcher's wife. CHAIRWOMAN HILLER: Okay. So would you like to give her the -- COMMISSIONER HENNING: Yeah. I know she wants to speak on specific items within the agendas. I'm not sure if it's 14A1. MS. KULPA: I'm just going to have a general comment. I just want to say thank you again, Commissioners, for bringing this forward and working with us. We so want to resolve this issue and get on with business. And it's been very hard -- been very hard on us, you know, as a corporation and trying to get that business done and the stress on Steve. And right now he's out fighting fires, and if you can imagine what that's like -- because he's in the middle of, you know, very dangerous territory. CHAIRWOMAN HILLER: Can you, again, describe what he does with respect to firefighting and how he's the only one who does it east of the Mississippi. MS. KULPA: Well, I mean, he's out there right now in Nevada. He's in mountainous territory. These are raging wildfires that are threatening homes and lives and animals, and he's in there in the middle of this, in the heat, in the flame. And Bill can describe it to you, because he does it himself. CHAIRWOMAN HILLER: Thank you very much. MS. KULPA: I'm just very concerned about him and just want all this resolved, and I really appreciate all the commissioners considering him and his business. Thank you. CHAIRWOMAN HILLER: Thank you very much. And if you want to speak on individual items, come forward on that. Thank you. MS. KULPA: Thank you very much. Page 83 June 11, 2013 MR. MILLER: The next speaker was Spencer Fletcher, followed by Walter Fletcher. SPENCER FLETCHER: I just wanted to say thank you for your consideration as well. That's all I have. Thank you, though. CHAIRWOMAN HILLER: Thank you for being here. MR. MILLER: And Walter Fletcher. WALTER FLETCHER: I just wanted to also say thank you, and I appreciate all the support. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: Do you fly also? Are all of his kids pilots? WALTER FLETCHER: I'm working on mine. My brother actually was accepted to Navy Flight, so he's not going to be -- CHAIRWOMAN HILLER: Oh, that's great. Congratulations. That's awesome. (Applause.) MR. MILLER: That is all your registered speakers. CHAIRWOMAN HILLER: Go Navy. My daughter is going to Annapolis in two weeks, Crew. I had to throw that in. I like the Navy. What can I say? I like the Army, too. I like the Marines. I like them all. All right, next? MR. MILLER: That is all your registered public speakers for Item 14A. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, I think you ought to hear from your airport director, if you don't mind. CHAIRWOMAN HILLER: Mr. Curry? MR. CURRY: Chris Curry, executive director of Collier County Airport Authority. I tried to jot down a few notes but, you know, if you didn't know Page 84 June 11, 2013 any better, you would think I'm trying to shut down the citrus industry, and that's certainly not the case. I mean, we're supportive of that. Mr. Fletcher's been in service for many years at the airport prior to my arrival. If hot fueling has occurred before that, it was certainly not consistent with the airport rules and regulations. My concern is addressing a policy that does not allow that type of activity to take place. As you know, more than a year ago, I put forth a directive that actually amended the policy slightly to allow hot fueling for fighting wildfires, medical emergency transport, and law enforcement. Before that directive -- you could not even hot fuel, according to the airport rules and regulations, prior to that. My job is to bring before you safety issues expressed by airports in the industry. I do agree that hot fueling should be used for those situations I mentioned just now. And in addition, a certificate that's approved for hot fueling by the state or by the federal government does not allow an individual to hot fuel on any given airport to supersede that airport's rules and regulations. So my concern, and as mentioned for 14A1, is that the recommendation is very broad, and it does not allow the authority -- if a similar tenant brought to you an SOP and proof of insurance that met the limits of the county, there's no way that you could disapprove of that tenant and be consistent with what the FAA considers to be fair treatment. So my disagreement was more with the general width of that recommendation that I could see a situation where it would be totally out of control. So those are my comments in regards to 14A1. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Madam Chair, if I would have Page 85 June 11, 2013 understood that -- we can address that. That was -- it was only communicated to me is we allow hot fueling for emergency situations such as EMS, fire, and so on and so forth. I did not know he was objecting to any of the recommendations. I think that -- the recommendations is, A, they have insurance; B, they are allowed by FAA, and there's a certain procedure. That's my understanding. Jeff, am I wrong? MR. KLATZKOW: I don't think so, sir. COMMISSIONER HENNING: Okay. Well, the -- your second speaker from Hendry County extension really hit the nail on the head with this particular issue and why it's on the agenda. The issue is timely eradicating disease pests and so on and so forth for the industry. That's why it was brought forward. Now, Camden has done research. The City of Arcadia, Belle Glade, Delaney Municipal Airport, Tri-County Airport does it; Clewiston Airport allows it, and so does Suwannee County. So -- and, quite frankly, if I recall, there's no restrictions at the City of Naples airport; however, what we're providing, I think, is above and beyond by having requirements. Camden, do we have that video? MS. SMITH: Yes. Let me -- Camden Smith, for the record. Let me just unlock it real quick. COMMISSIONER HENNING: I want to show you a video of hot fueling. MS. SMITH: The one at the airport from June 5th, right? COMMISSIONER HENNING: Correct. That there isn't any procedure. MS. SMITH: This is video actually taken by a tenant claiming that there's hot fueling going on with, I think it's Turbo Services -- Chris, is that the right name of the tenant? Saying that there's fueling Page 86 June 11, 2013 from the airports own -- CHAIRWOMAN HILLER: Can you play that again? MS. SMITH: Yeah, I will. CHAIRWOMAN HILLER: So are they -- is Turbo Services hot fueling -- MS. SMITH: Supposedly a machine -- there's a closer one. Hang on. Let me get out of this one and go to -- it's hard to tell on here which is what. That's our airport authority truck, I believe. Now, this is as -- what I've been told -- and the line running into their building. The sound is the equipment of what they are fueling, according to the videotaper. So -- CHAIRWOMAN HILLER: So they're actually hot fueling right there? MS. SMITH: A piece of equipment, and that line goes into the building. And it's also important to note that some of the airports that allow hot fueling that I called, they may not have anybody hot fueling now, two of them don't, but they don't have a policy against, so they do allow it specifically for ag., a couple of them. I just wanted to make sure that was on the record. CHAIRWOMAN HILLER: Let me ask a question, Commissioner Henning. Are we allowing hot fueling generally, provided it's approved by the board as the county attorney described? So would this tenant have to come to us for approval? I mean, it appears that they're hot fueling without our knowledge. Well, actually, it seems with our knowledge because if that's a -- why is a port authority truck hot fueling a private business? MS. SMITH: That's fuel service fueling. But I would have to let Chris answer that, because I'm certainly not an expert on that. Do you want me to close this out? Page 87 June 11, 2013 CHAIRWOMAN HILLER: Okay. If we're -- as long as we're getting -- are we getting compensated for that? COMMISSIONER HENNING: Well, I think the issue is, there's hot fueling happening at the Immokalee Airport today. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Okay. And what I'm bringing forward is a policy that goes above and beyond what's happening out at the airport today. CHAIRWOMAN HILLER: Right. COMMISSIONER HENNING: Okay. And requiring insurance, requiring a certain procedure, and requiring that you're approved by the FAA. CHAIRWOMAN HILLER: I think what you're requesting is all extremely reasonable and would apply, for example, to this tenant as well. COMMISSIONER HENNING: Yes. Well, I think it applies to the employees. So, you know, we can beat this a little bit more, but -- CHAIRWOMAN HILLER: Well, we have a motion on the table and a second. I'm going to allow Commissioner Fiala the last word, and then I'd like to call for the vote. Commissioner Fiala? COMMISSIONER FIALA: Yes. I just wanted to assure the citrus industry that we certainly support spraying. I mean, we want to make sure that all of those pesticides are sprayed and sprayed in a timely fashion and, not only that, that they work, and anything new that needs to be discovered. I got the impression that the people from the citrus industry didn't want us to -- or felt that we didn't want to spray or preserve their crops. That certainly is not the case. MR. HAMEL: That isn't -- if I implied that, I'm sorry. Page 88 June 11, 2013 CHAIRWOMAN HILLER: No, I'm sorry. COMMISSIONER FIALA: That's all right. I got that impression. And it was all about safety, and not only that, but the rules have said no hot fueling, and for safety reasons. And so that's what brought this all forward. That's why Commissioner Henning is bringing it forward because he wants to change the rules so now they allow the hot fueling that you're all talking about. But it certainly isn't anything against the citrus industry. That's one of the backbones of our community. So I just wanted to clear that up. Thank you. CHAIRWOMAN HILLER: Thank you, Commissioner Fiala. Commissioner Nance, Commissioner Coyle, I indicated prior when Commissioner Fiala's light was on that she would be the last to speak, and I'm calling the vote. You can reserve your comment for 14A2. COMMISSIONER COYLE: Could I just ask for a restatement of the motion, please. CHAIRWOMAN HILLER: Commissioner -- I'm sorry. Commissioner Henning, could you restate the motion? COMMISSIONER HENNING: I believe it was Commissioner Nance. CHAIRWOMAN HILLER: Oh, then Commissioner Nance. Forgive me. COMMISSIONER NANCE: My motion is to adopt the recommendation, the Collier County Airport Authority to adopt the resolution and amend the fire and safety provisions of the airport rules and regulations to allow hot fueling with any consider -- general considerations that the board mentioned during its discussion. COMMISSIONER COYLE: Would that include the insurance Page 89 June 11, 2013 provisions? COMMISSIONER NANCE: I believe that we indicated we were going to allow our risk management to review that and to indicate what sort of coverage was appropriate, yes. COMMISSIONER COYLE: And that's part of the motion? COMMISSIONER NANCE: Yes, sir. COMMISSIONER COYLE: Okay. Thank you. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: That's it. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #14A2 REQUEST BY FLETCHER FLYING SERVICE, INC. TO HOT FUEL IN ACCORDANCE WITH THE PLAN AND INSURANCE. THIS ITEM IS A COMPANION TO ITEM #14A1 - APPROVED W/INSURANCE STIPULATION CHAIRWOMAN HILLER: The next item is 14A2, which is a companion to 14A1. Since there has been substantial discussion on hot fueling with respect to Fletcher Flying Services, I would ask, Commissioner Henning, rather than have additional conversation, Page 90 June 11, 2013 could you make a motion with respect to this item, and if I could have a second. I don't know if there are any public speakers that want to address this since a lot of the comments with respect to hot fueling has already been addressed under 14A1. COMMISSIONER HENNING: Madam Chair, I'll make a motion to approve Item 14A2. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: Second. COMMISSIONER COYLE: I have a question, if you don't mind. CHAIRWOMAN HILLER: Okay. Did you second it, Commissioner Nance? COMMISSIONER NANCE: Yes. COMMISSIONER COYLE: How can we approve this? If we're asking our staff to recommend to us what insurance requirement is necessary, how can you go ahead and, before we get that information CHAIRWOMAN HILLER: We can accept -- COMMISSIONER COYLE: -- approve it? CHAIRWOMAN HILLER: -- it subject to the million dollars, as we have evidence that that's been accepted at other local airports, subject to revision based on review by risk management when that information is brought back to us, and we'll reserve the right to amend the insurance requirement if it's deemed that, you know, hot fueling requires a different level of insurance than what's been proposed. Because our insurance carrier did not object to the million dollars. They merely said, you know, you might want to consider more. So if we decide as a matter of policy as a board to up that limit, we'll reserve our right to do so with respect to Fletcher Flying. But there is no reason to not allow this to go forward at this time with a Page 91 June 11, 2013 policy that, you know, has been in effect and has never been objected to through now. Commissioner Fiala? COMMISSIONER FIALA: Yes. On the letter from Robert Cox regarding the insurance, in here he said, please let us know if you decide to allow the tenant to perform hot fueling at Immokalee airport so that we may confirm back to Global. Now, that would really mean not only Immokalee airport but all three airports if -- I just wanted to make sure that we're not just identifying one airport, that it really would pertain to all of the airports; is that correct? MR. WALKER: Yes, ma'am. They're the carrier for all the airports. COMMISSIONER FIALA: Okay. I just wanted to put that on the record. Thank you. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: I think Commissioner Coyle raised a good point. It would be subject to the insurance limits -- CHAIRWOMAN HILLER: Correct. COMMISSIONER HENNING: -- per risk management and their recommendations and study. Now, we need to hear from Fletcher Flying to make sure that it is okay -- CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: -- to accept the -- would be agreed to -- for the -- to look at the insurance limits. CHAIRWOMAN HILLER: Thank you. Would a representative of Fletcher Flier (sic) come forward and please address? Camden, I think one needs to be for the record. COMMISSIONER HENNING: What Camden is handing out is Page 92 June 11, 2013 just the procedures of hot fueling and exactly what Fletcher Flying does in the process. CHAIRWOMAN HILLER: Would you like to address on behalf of Fletcher Services (sic), if that's acceptable, that you'll adjust the insurance limits if risk comes back and says more coverage is necessary? MS. KULPA: Absolutely. We'll work with you -- CHAIRWOMAN HILLER: Thank you. MS. KULPA: -- every way we can. COMMISSIONER FIALA: Quick question that nobody's asked. Do they have to put chocks under the wheels when they're hot fueling? COMMISSIONER HENNING: Steve? MS. KULPA: Bill might -- COMMISSIONER HENNING: Bill. MR. GARRETT: No, ma'am. We don't chock it, but the propeller's in feather, which is like having it in neutral. There's no forward thrust. Brakes are set, and we're there in the airplane when it's happening. So, I mean, in effect, the same purpose is served there. But no, ma'am, we do not physically put chocks under the wheels. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: That's it. CHAIRWOMAN HILLER: There being no further discussion and no public speakers to add to what has already been said, all in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? Page 93 June 11, 2013 COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Coyle dissenting. Item #14A3 RECOMMENDATION THAT BOARD OF COUNTY COMMISSIONERS ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY APPROVING THE FOLLOWING THREE AGREEMENTS WITH FLETCHER FLYING SERVICES, INC.: (1) FIRST AMENDMENT TO A CORPORATE HANGAR LICENSE AGREEMENT DATED DECEMBER 18, 2007; (2) FIRST AMENDMENT TO A COMMERCIAL AERONAUTICAL OPERATIONS LICENSE AGREEMENT DATED MAY 16, 2006 AND (3) TIE DOWN AGREEMENT - MOTION TO APPROVE THE RECOMMENDATION INCLUDING THE AMENDMENT TO LEASE AGREEMENT DATED MAY 16, 2006 WHICH REMOVES THE LAST SENTENCE OF PARAGRAPH - APPROVED CHAIRWOMAN HILLER: The next item is 14A3. Commissioner Henning? COMMISSIONER HENNING: Camden is going to go through this PowerPoint presentation. CHAIRWOMAN HILLER: And just for the record, what we are addressing now are three agreements with Fletcher Flying Services. The first is a first amendment to the corporate hangar lease agreement dated December 18, 2007. I like that because December 18th is my birthday; Number 2, a first amendment to a commercial aeronautical operations license agreement dated May 16, 2006; and No. 3, a tie-down agreement. Page 94 June 11, 2013 Camden? COMMISSIONER HENNING: Madam Chair, Board of County Commissioners, Steve Fletcher has been a pilot for 30 years and operating Fletcher Flying since 1992 spraying for emergency fires -- they spray for emergency fires but also spray agricultural, as you've heard. Fletcher Flying is the only federal contractor, air tanker, east of the Mississippi. And presently they purchase 50 to 54 percent of the fuel in Immokalee. The lease -- who's controlling the lease (sic) -- oh, that's a -- MS. SMITH: He is, because I'm passing out. COMMISSIONER HENNING: So what the lease provides is -- we think the lease versus the expired lease -- adding three tie-downs as shown and, historically, without payment. Since 2006 those planes was directed by the airport personnel to be moved to a grassy area. Part of this lease is to put the planes back to their historical tie-downs. We are increasing revenues of a staging pad that Fletcher's Flying has been -- used historically since they were out there. And in the lease it had an area of 50 by 50, however, he has been using 100 percent of the pad, which is 100 by 100. MS. SMITH: I'll go back to the summary slide. I'm showing the historic tie-downs. Hang on one second. There we go. COMMISSIONER HENNING: Okay. Now, one of the things that wasn't in the lease, we're -- there was no pollution control plan of the chemicals that Fletcher Flying uses. In the new one, what we're proposing is a pollution control plan that would be required to identify the chemicals responsible -- in response of any potential disaster. And, again, Fletcher Flying has been paying 68.95 for the 100. Because he's using 100 percent of the pad, we are changing that. We are recommending, since he is using 100 by 100, that it be actually increased, and we're collecting an additional $1,572. Page 95 June 11, 2013 The tie-downs, again -- go back to the historical. MS. SMITH: These are photos and slides of the historic usage. Although it wasn't included -- specifically, tie-downs weren't included in Mr. Fletcher's previous lease, although he is on month to month now. We pulled property appraiser photos of usage of the tie-downs all the way back to -- and if I'm going through these too quickly, you can refer to the sheets we handed out -- back to 2006. And then we can go into the Fletcher lease, details of Mr. Fletcher's request, if you'd like. COMMISSIONER HENNING: Right, and that's what -- that's exactly what we did. He wants to remain in the corporate hangar that he has been historically. The rent will be the same except for -- I mean, it will include CPI. The staging area where he has his equipment and chemicals will remain the same. The lease will change to 100 by 100 with the increase, the tie-downs that he has historically used. Now, one of the issues was turf landing, turf runway. Through our investigation, and with the help of Mr. Curry, that turf runway needs to be permitted by the FAA. So we are allowing Fletcher Flying -- if they want a turf runway, they can go ahead and permit and construct the turf runway if they want. COMMISSIONER FIALA: With the approval of FAA? COMMISSIONER HENNING: With the approval of FAA, yes. COMMISSIONER COYLE: And the airport authority? COMMISSIONER HENNING: Well, yes, yeah. MS. SMITH: One of the slides, Commissioners, will have the exact language of that provision in the lease. This is just a summary of the responses. And then we go into, I believe, the turf runway thereafter. COMMISSIONER HENNING: We've already addressed hot Page 96 June 11, 2013 fueling our two previous items. Next slide. And, again, we addressed -- what we -- Fletcher Flying has agreed is to stage their airplanes a little differently. You'll see on your right-hand side an X. The aircraft would be moving over to that right-hand side. MS. SMITH: And, Commissioners, in your backup materials you do see letters from the Collier County Sheriffs Office as well as Mr. Hester, who are in that, what I classified as a double hangar. And I realized later in language that's the bulk hangar, as Mr. Curry may refer to it. So he may be referring to it as bulk hangar, but that's that double hangar different building. And then here's the turf runway information with the regulations and the lease allowances. And, Commissioner Henning, you may want to go over the FAA regulations of the turf runway just briefly. We're giving you a summary of what one of the circulars is. Because as you know, the FAA has regulations, circulars, and directives, which Mr. Curry can address. But this is a basic -- vetting information. COMMISSIONER HENNING: It has to be located within a certain area within the airports so it doesn't interfere with the paved runway. I'm not sure how much we want to get into this, because that would have to actually come back to the airport authority in the future. MS. SMITH: This is the actual language. COMMISSIONER HENNING: Correct. COMMISSIONER COYLE: Question concerning this? CHAIRWOMAN HILLER: Commissioner Coyle? Commissioner Fiala, did you have a question on this matter? COMMISSIONER FIALA: Yes, but I'll wait till the end of the presentation. COMMISSIONER COYLE: Yeah. My concern with this Page 97 June 11, 2013 particular language is that Mr. Fletcher or his company is being allowed to pursue a permitted turf runway; however, once he has pursued and gotten the permission for a turf runway, the airport authority becomes responsible for maintaining it. Now, that is -- that incurs an additional cost for the airport authority. And I'm wondering, how do we expect to get reimbursed for doing that? We're trying to get the debt repaid at the airport authority and to reduce the costs of operation, yet we're letting a tenant obligate us to a maintenance cost that is going to be fairly substantial over a long period of time. So I think this wording is faulty. And if Mr. Fletcher or others have the need for a turf runway, then we should find a way to permit that provided they provide all the funding necessary for its development and maintenance. So I do not like the idea that the Collier County Airport Authority is going to have to assume the cost of a runway that we don't really need. COMMISSIONER HENNING: Well, Commissioner, I had similar thoughts; however, we cannot -- once that is constructed, we cannot restrict other users from using that turf runway. So we're asking a tenant to pay for a turf runway, and then we're asking for him to maintain it for the benefit of all. Now, let me tell you, a grass runway, the maintenance on it would be you fill up any ruts. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: And you keep it mowed. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Do you understand that we do -- the airport staff does that today to all of the turf areas around the runway? COMMISSIONER COYLE: I do not believe that all the turf Page 98 June 11, 2013 areas around the runway are maintained to the standards of a sod runway. But, nevertheless, the point is that you're allowing a tenant to obligate Collier County Airport Authority to spend costs for maintaining something that the airport authority might not see the need for. COMMISSIONER HENNING: Well, it's being maintained today presently. COMMISSIONER COYLE: Okay. Then if it's being maintained today, then the problem is solved. We just designate that as a turf runway, and it's done. COMMISSIONER HENNING: But it's not constructed as a turf runway. COMMISSIONER COYLE: And then you accept the liability thereof. So it is not a wise policy. But, nevertheless, I suspect there'll be three votes to do it. COMMISSIONER HENNING: Well, if you would not try to confuse the issue, I think it would be a lot easier. The -- you know, the construction of it, we're -- Mr. Curry came up with a figure around -- no, actually we did, because the Naples Airport provided the cost estimate of $50,000 at the Naples Airport. And you know who maintains that? The Naples Airport Authority. So we can see that this is going to be another no-vote by one commissioner. And that's what the real issue is. It's not the issue about three commissioners voting for it. It's about an issue of one commissioner voting against it. MR. CURRY: If I can chime in just quickly. The standard for maintaining a sod runway is significantly different than regular mowing at the airport. There's a different criteria for the way that it's cut, mowed, drainage, you name it. So it's a little bit different than regular mowing at the airport. Page 99 June 11, 2013 COMMISSIONER HENNING: Would you recommend that one tenant pays for the maintenance of it if it's benefited by all? MR. CURRY: Well, I would recommend that if the tenant so desires to have a turf runway, that they would assume all the costs associated with it. COMMISSIONER HENNING: Including the maintenance? MR. CURRY: Absolutely. COMMISSIONER HENNING: And let everybody else use it? MR. CURRY: Well, that's the requirement of the FAA is that you can't have an exclusive turf runway on the airport without opening it up to all users. So, yeah, I think they should. COMMISSIONER HENNING: And you think the FAA would understand that that's fair and equal treatment to all? MR. CURRY: Well, we can certainly ask them. COMMISSIONER FIALA: Excuse me for chiming in here. CHAIRWOMAN HILLER: Commissioner Fiala would like to speak. COMMISSIONER FIALA: But if we're reducing the airport employees down to 1.5 yet we're increasing this, how are we supposed to maintain it if we only have one-and-a-half employees there? That's going to be a problem, I think. I think we have to consider that. I have many other questions, but I wanted to wait. But that I had to say right now. You have to have people to maintain it that work at the airport. Are you finished, Camden, or do you have more? Okay. Then I'll wait till -- but I can be first up then. CHAIRWOMAN HILLER: Commissioner Henning, did you want to answer the question about staff? COMMISSIONER HENNING: Yeah. There is no turf runway, Commissioner. It has to come back to the airport authority. And the 1.5 FTEs is another item. Page 100 June 11, 2013 COMMISSIONER FIALA: Right, but they do coincide. COMMISSIONER HENNING: But there is no turf runway. COMMISSIONER FIALA: No, but if there is. COMMISSIONER HENNING: Oh, "if' there is. COMMISSIONER FIALA: What we're talking about is maintenance. If they want to build their turf runway, because that's what they want, then we're talking about maintaining, and I'm saying, if you -- another agenda item is reduce the employees, but then how are we supposed to maintain the turf-way if somebody wants to build it? So, you know, they all go together. MS. KULPA: Can I speak? COMMISSIONER HENNING: Yes. MS. KULPA: I'm sure that Fletcher Flying Service would have no problem maintaining the runway. It would just require mowing and whatever -- you know, filling in the ruts, whatever. He would do it without a problem. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Thank you. CHAIRWOMAN HILLER: Well, that's a tremendous community donation. MS. SMITH: This is the last slide. COMMISSIONER FIALA: We've been very kind to him. It's not just -- you know, we're giving him privileges that we've never given anybody before, so, you know, I want to say that it's working hand in hand here. CHAIRWOMAN HILLER: We're actually giving him privileges that he would get at any of the other rural airports. So what we're doing is we're being economically correct in availing him of what benefits, you know, other airports would automatically give him. COMMISSIONER FIALA: Would you like to continue, please? COMMISSIONER HENNING: Well, let me just say that the Page 101 June 11, 2013 LaBelle airport would be happy to have Fletcher Flying over there, sell them fuel cheaper. COMMISSIONER FIALA: All this is for maintenance? COMMISSIONER HENNING: And I believe they allow turf-runway landing, and work out some kind of arrangement for a hangar. COMMISSIONER FIALA: And he lives in LaBelle, so that's where he pays his taxes. So I understand that. But it's closer for him to get to the citrus fields. We're getting a little bit picky now. Let's not do that and let's not start, you know, poking at each other. I was asking a question about reduction in employees and still -- I have no problem with maintaining it as long as we have the problem -- the employees to do it. That's where I was going with that. We don't have to get into anything else. Okay. Would you continue? COMMISSIONER HENNING: No. I'm going to -- COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: This is my item, Commissioner. COMMISSIONER FIALA: Oh, okay. COMMISSIONER HENNING: And I was addressing Commissioner Hiller's comments that any other airport would do the same. And all I'm saying is, we have an airport similar in nature, adjacent county, that would give a better deal. That's my comment. So now I will continue. To summarize, on the lease the corporate hangar will be the same. Of course, it will be including CPI. The pad staging is increasing, and -- well, I guess all of the fees would be included in the CPI. Three tie-towns will be included as requested. Turf runway will be provided by Fletcher Flying if they so desire, and hot fueling was addressed in previous items. CHAIRWOMAN HILLER: The term, Commissioner Henning? Page 102 June 11, 2013 The term? COMMISSIONER HENNING: Jeff? MR. KLATZKOW: Ten years. CHAIRWOMAN HILLER: Okay. MR. KLATZKOW: But the board retains the right to terminate if they have to relocate the hangar. CHAIRWOMAN HILLER: Okay. MR. KLATZKOW: Okay. So if your operations require that you relocate the hangar, we can terminate and then move him. CHAIRWOMAN HILLER: So we -- if for whatever reason the airport were redesigned, we would find him another location at the airport and initiate a new lease based on the new location? MR. KLATZKOW: Yeah. CHAIRWOMAN HILLER: Okay. That's fine. Thank you. Commissioner Fiala, did you want to comment on this? COMMISSIONER FIALA: Yes, I have many questions, many questions. First of all, embedded in this thing -- not trying to be hidden or anything, just embedded in here, it talks about firefighting and the chemicals on the staging pad, also where Fletcher Flying Services would hot fuel its aircraft. Is that -- is there a -- are the chemicals flammable, or do we not have to worry about that? COMMISSIONER HENNING: The chemicals on the pad? COMMISSIONER FIALA: Yeah, on the staging pad where they're going to hot fuel. COMMISSIONER HENNING: Yeah. They're going to provide Material Safety Data Sheets. That provides, in those Material Safety Data Sheets, all kinds of information such as health information in case you swallow it, you know, flammability, pollution. COMMISSIONER FIALA: Yeah, that's what I was concerned with. You hear fertilizers all the time being flammable and things that happen, and I just wanted to make sure that if it is in the same area, Page 103 June 11, 2013 that there's somewhat of a safe distance between the two so that, you know, a spark can't catch into something else. I'm just thinking mainly of safety here. When I saw that, I wanted to ask that question. Now, Commissioner Henning, you had talked about wanting to get the airports more self-sustaining, but then you're talking about not charging for tie-downs. Have we -- do we charge anybody else for tie-downs at that airport? Anybody? Do we charge anybody else for tie-downs? COMMISSIONER HENNING: No. Let me answer your question. We do charge for tie-downs; however, on a corporate lease building, it's fairly flexible, and Mr. Curry has one of the arguments or differences of opinion. He was going to provide free -- along with the corporate tie-downs, free tie-downs for the airplanes. COMMISSIONER FIALA: For all of the airplanes -- COMMISSIONER HENNING: Yes. COMMISSIONER FIALA: -- at the airport? How are we going to make any money if we're giving that away when you're supposed to be becoming more self-sustaining? MR. CURRY: I'm so confused with the way this is proceeding. I'll just -- COMMISSIONER HENNING: What's your confusion, Mr. Curry? MR. CURRY: -- make some comments here. One of the discussions we had was could we give Fletcher Flying Service free tie-down parking spaces? And my solution, rather than the improved surfaces that we've seen in the picture, which has a value to us of $150 a month, was that if the board was going to allow Mr. Fletcher to hot fuel, then give him three tie-down spaces in the vicinity of the staging area, because the airport is not going to responsibly put any other tenants in that area anyway. So I'm not sure how that blends in with what's being discussed, Page 104 June 11, 2013 but those are just my broad comments as far as the compromise that we tried to make. COMMISSIONER FIALA: Okay. So then if you want to give those three spots away, maybe there's some kind of credit that you could get, because you're trying to be self-sustaining. You're not going to be self-staining by giving them away. You have a purpose for giving them away. At least you could get some credit for it to the balance sheet so that they can't say you're not trying to be self-sustained. I just -- MR. CURRY: Well, I'm not into free stuff. COMMISSIONER HENNING: Let's stay on the issue, Mr. Curry, with the tie-downs. MR. CURRY: Okay. COMMISSIONER HENNING: Part of the lease, you agreed to give free tie-downs; is that correct? MR. CURRY: Based on your request to give him something that was free, I did. COMMISSIONER HENNING: Do you have that in writing that I asked you? MR. CURRY: No, I don't, but neither do I have a lot of our discussions. What you asked me, you said is there anything that we can give him for free? COMMISSIONER HENNING: I'm sorry. I don't remember that conversation. MR. CURRY: Okay. COMMISSIONER HENNING: Now, do we disagree on the location of the tie-downs? MR. CURRY: Yes, we do. COMMISSIONER HENNING: Okay. Do you agree that you provided in a correspondence that those tie-downs, the reason that you didn't want them there is because the tenants in the adjacent building, Page 105 June 11, 2013 it would be in their way? MR. CURRY: There are several reasons, but the one that I responded by comment by correspondence initially was that. And what I don't understand with that conversation that you had with those tenants is that, first of all, those tenants are month-to-month tenants, whereas, you're talking about Fletcher Flying Service with a 10-year lease. So those tenants may not be here next month that you spoke with, okay. So that was my first issue with it was the fact that he would be parked in an area that could affect the maneuverability of tenants in that bulk hangar. Okay. The second part that was my concern, which I did not relay in correspondence except in my memo for record, was the fact that once you agree to include free parking spaces within a corporate bulk hangar agreement, if those same tenants came to you and said, we want free parking spaces as well, you would be obligated to do that or you would have an issue if a complaint was filed with the FAA. COMMISSIONER FIALA: That's where I was going. COMMISSIONER HENNING: Okay. I'm not done. Hang on, hang on, please, please. CHAIRWOMAN HILLER: Go ahead. COMMISSIONER HENNING: Do you agree that Mr. Fletcher is in a corporate hangar? MR. CURRY: Yes, corporate, bulk hangar, however you want to describe it. COMMISSIONER HENNING: Is there -- in the rates, is there any charge, specific charge in there, or does it say it will be negotiated? MR. CURRY: For the hangar only, for the hangar only. And the reason that is not in there per square footage is because bulk hangars, corporate hangars, have much more flexibility than your T hangars and, therefore, every year we're doing a comparison of fair market Page 106 June 11, 2013 value to the outside market. So that's why they're in there "as negotiated," but "as negotiated" does not mean that you get all the free amenities that you want negotiated. COMMISSIONER HENNING: All the free amenities? MR. CURRY: Well, I mean, if you're using "as negotiated" in a broad sense, you could throw tie-down spaces and anything else on the airport in "as negotiated." COMMISSIONER HENNING: Okay. Thank you very much. I won't argue that -- COMMISSIONER FIALA: Can I -- COMMISSIONER HENNING: No, I'm not done yet. COMMISSIONER FIALA: Well, it was my turn. COMMISSIONER HENNING: The other thing is -- the other hangar is the Sheriffs Department; is that correct? MR. CURRY: That's correct. COMMISSIONER HENNING: And you think it's proper to have the Sheriffs Department on a month-to-month lease and somebody else come in? Where would the Sheriffs Department go if you want to move somebody else in? MR. CURRY: Well, month-to-month is typical. Month-to-month leases of hangars are typical. COMMISSIONER HENNING: Mr. Klatzkow, the lease on the tie-downs, what does it specifically say? MR. CURRY: And while Jeff is looking, I'll tell you Mr. Fletcher has been at the airport since 2006, 2007 on a month-to-month lease that has not expired. It just continued month to month to month. COMMISSIONER HENNING: And I can tell you Fletcher Flying has been using those same hangars since 2006 until recently when your staff asked them to move. MR. KLATZKOW: The tie-down agreement provides that "all fees included in the party's corporate hangar license agreement." Page 107 June 11, 2013 COMMISSIONER FIALA: Say that again. I couldn't hear you. MR. KLATZKOW: The tie-down agreement states "All fees included in the party's corporate hangar license agreement." Consider it an ancillary use. COMMISSIONER HENNING: Right. CHAIRWOMAN HILLER: I find it -- if I may comment, Commissioner Fiala, just on this point so we can close the discussion and then go to your next point on your list. I find it interesting that you don't agree with giving anything for free because -- Mr. Curry, because, you know, one of the things that is a typical economic incentive are lease abatements or some sort of even free lease to stimulate economic development. The county attorney just clarified that the tie-downs are included in the overall lease as an ancillary use. But I do have some concern, because I think one way of incentivizing is to give lease abatements. And in terms of fair treatment, what you can say is, very simply, you bring in X dollars of business, and this is the lease abatement you get. Any business bringing in the same amount of business to Collier County, you know, gets a similar type of abatement. So -- COMMISSIONER FIALA: That's where I was going with this. And what I was going to say -- CHAIRWOMAN HILLER: But that doesn't apply in this case, because we're actually not giving an incentive, because the lease actually does incorporate the cost of those parking spots within his overall cost. COMMISSIONER FIALA: Isn't this in front of somebody else's hangar? Is this in front of somebody else's hangar? MR. CURRY: It is. The pad is actually adjoined to the bulk hangar. COMMISSIONER FIALA: Okay. Page 108 June 11, 2013 MR. CURRY: And, you know, Commissioner Hiller, you do have a point there, but for, you know, the past years we've been beating the drums of self-sufficiency. And so I don't think it's consistent with an airport like Immokalee to follow a path of -- CHAIRWOMAN HILLER: Incentivization? MR. CURRY: -- giving away free things, and I think that's what we're doing. COMMISSIONER FIALA: Let me just continue with what I was going to say -- CHAIRWOMAN HILLER: You can talk about that another time. COMMISSIONER FIALA: -- because, as Commissioner Hiller talked about, economic development or impacts -- and you're talking about self-sufficiency, as Commissioner Henning has. I'm just saying, if you want to give these things away, if you -- if we all decide that that's something to do, you should at least get some kind of economic impact credit -- CHAIRWOMAN HILLER: We are. COMMISSIONER FIALA: -- so that you're -- CHAIRWOMAN HILLER: We're saving the entire citrus industry. COMMISSIONER FIALA: Let me just finish. Let me just finish. Because right now his job is on the line because he's not self-sustaining. And so if we give that bottom line some kind of credit for the things we're giving away -- it's fine with me to give it away -- but at least give him credit so that then he doesn't look like he's continuing -- CHAIRWOMAN HILLER: Of course. COMMISSIONER FIALA: -- to go under. CHAIRWOMAN HILLER: Except for the fact that what was determined is that he is paying a fair market rent including the Page 109 June 11, 2013 ancillary use of these tie-downs, and I think that's important to consider, so -- COMMISSIONER HENNING: I think I have a compromise. CHAIRWOMAN HILLER: Go ahead. COMMISSIONER HENNING: And I'll have to defer to Bill on this. Mind you that he buys over 50 percent of the fuel in Immokalee, and if he goes to Arcadia, that 50 percent goes away. So let me just throw out a compromise, that the tie-downs will be provided, as historically done, until the airport authority notifies the tenant that it wants to utilize those airport hangars. Mr. Curry? MR. CURRY: If that's what the board desires, I'm fine with that. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: You've then reduced the self-sufficiency so that it looks like they're not going into the hole by giving them -- you know, just like a credit or something. MR. CURRY: This is my issue. My issue is the fact that when you put that type of verbiage into leases, it requires much more for the airport authority than to write a basic standard lease and let it run its own self. It requires interactive involvement from the airport in managing that lease that is slightly different from other leases. Again, we've tried to standardize them to the best that we can. And you'll find that even with some of the upcoming audits, we've been victims of nonstandard leases, and that will come at a later point in time. But if the board wants to do that, so be it. COMMISSIONER FIALA: Okay. I'm still -- I still have all these questions, and we haven't gotten too, too far on them. Do other people have to pay for tie-downs? And if they do, what would happen if they say, well, we want the same treatment as somebody else is getting, or will that not apply to other people? Is it Page 110 June 11, 2013 because of the corporate hangar? CHAIRWOMAN HILLER: Commissioner Henning? MR. CURRY: From what I recall, there's no one else that has tie-downs incorporated that they're not paying for. And so I think if we follow that method of thinking, we follow that logic, then I think others that fall within that same type of hangar agreement should be given the same thing. COMMISSIONER FIALA: Then you're going to continue to lose more and more money with this. But I just wanted to get that on the record, too. Also, the staging area, you mention in here, someplace or another, that it's $200. Is that a week, a month, a year? I didn't know -- it was on one of these slides. MS. SMITH: A month. COMMISSIONER FIALA: What is that, $200, what? MS. SMITH: Camden Smith. It's $200 a month, and that's for the staging area. That's not for the tie-downs. COMMISSIONER FIALA: No, I just -- I said staging area. MS. SMITH: Oh, okay. I'm sorry. COMMISSIONER FIALA: Yeah, I just said -- I don't know about tie-downs. MS. SMITH: Yeah, $200 per month. COMMISSIONER FIALA: Per month, okay, fine. I just wanted to know what that was. Now -- let's see. I had a note here, how do we move out of debt by giving things away? Will others get the same break? I don't know. Will others get the same break? Are we -- is this -- are we just streamlining this for Fletcher but nobody else has the same opportunity? We don't want to do that because then you get preferential treatment, and that doesn't look very good for us. MR. CURRY: Well, the main issues with the airports is the Page 111 June 11, 2013 policies, the rules and regulations that we must follow. And, you know, my job is to follow the direction of the board, the policies that you put out, the rules and regulations as they're written. A lot of the things that we've been discussing over the past month, months is not necessarily consistent with any of those. COMMISSIONER FIALA: Okay. And so I don't have any assurance that you're not going to be charged with going more and more into debt while giving these things away so that then it will look bad for you. CHAIRWOMAN HILLER: He's not -- COMMISSIONER FIALA: I have no assurance that you're going to be getting credit. CHAIRWOMAN HILLER: Can I just clarify, again, for the record what the county attorney said. They're not being given away. The overall rent considers the tie-downs as being paid for as an ancillary use within that overall general lease payment. And I just want to answer one other thing about the sheriff. By law, by statute, actually, by Florida Statute, we are obligated to provide the sheriff with whatever he needs in the way of land, building, in order to operate his business. So, technically, it is completely incorrect for the sheriff to have a lease with us at that facility because he does not lease property from us. We are obligated to make it available to him, so it's not comparable in the analysis. And I just wanted to clarify that for the record, whoever brought that up. MR. CURRY: Well, I'll clarify it as well, because that's not correct. The Sheriffs Department or any other county agency that uses the airport that are not there directly to support airport operations must pay their fair market value rent; otherwise, it's considered revenue diversion by the FAA. COMMISSIONER FIALA: Okay. I just want -- my last thing is, Page 112 June 11, 2013 we were talking about the staging area. Although Fletcher has been using a 100-foot pad and been paying for 50 by 50, we're going to reduce that rate but then we're going to get paid for 100 by 100. And so I just want to say that he's been treated very fairly. He's been given things. Again, that doesn't go to your bottom line. You're continuing to go into more debt and being, you know, accused of not being self-sufficient. But I just wanted to point out that it isn't like we haven't tried to work with him. MR. CURRY: No. I think that particular issue was a compromise between Commissioner Henning and I, because his current rate is 33 cents per square foot based on the 50-by-50 pad. So, ideally, we compromised on 24 cents, which is 9 cents lower for the 100-by-100 pad. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I am somewhat confused about the issue of lumping in the tie-down costs with the lease rates for the hangar. Chris, you have standard rates for square footage for leasing hangars, right? MR. CURRY: For the corporate hangars there's not a square footage rate. It's as negotiated. But for the regular T hangars, there is. COMMISSIONER COYLE: Okay. So if you included a few free tie-downs in the lease rate for a corporate hangar, how does that affect the standard that is used for allowing other leases? MR. CURRY: Well, I think, you know -- and this is the issue. Mr. Fletcher has paid -- or his current rate is $1,641, okay. We've incorporated those three tie-down spaces at no additional charge. My concern going forward is that other tenants that are in corporate or bunk hangars on the airport can then come to the airport and demand to have as many tie-downs as they want. And I think it puts us in an unfair position, if we denied them, to petition our case Page 113 June 11, 2013 with the FAA. COMMISSIONER COYLE: Okay. Thank you. CHAIRWOMAN HILLER: Commissioner -- COMMISSIONER COYLE: And just one other very brief observation. Ms. Fletcher has indicated that Fletcher Flying Service would be happy to construct and maintain the turf runway. That, of course, is not included in the documents that we have here. So will the recommendation to approve this item include the commitment from Fletcher Flying Service to develop and maintain the turf runway? COMMISSIONER HENNING: May I answer that? CHAIRWOMAN HILLER: Yes. MR. CURRY: Yes. COMMISSIONER HENNING: That should be a separate item that comes back to the airport authority. CHAIRWOMAN HILLER: It most certainly should; agreed. COMMISSIONER HENNING: It shouldn't really be in a lease. MR. CURRY: And I've never had an issue with the turf runway. I've always said that it must comply with some type of standard if we're going to have it. So I don't have an issue. COMMISSIONER COYLE: But the turf runway is in the recitals of the license agreement. CHAIRWOMAN HILLER: To give him the right to -- COMMISSIONER COYLE: In 14A3. CHAIRWOMAN HILLER: To give him the right to come back to obtain a permit on the condition that he pays for it. COMMISSIONER COYLE: That's right, but it is in direct disagreement with what Mrs. Fletcher (sic) said they were willing to do. So why would you want to pass or approve an agreement that says that the airport authority will maintain the turf runway when we already have an agreement, at least a verbal agreement on the record, that says that Fletcher Flying Service will maintain the turf runway? Page 114 June 11, 2013 That's inconsistent. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: There's a lot of issues. And I don't know why we want to be -- I mean, why this issue is so difficult. I think it's a carryover from the past board, I'm getting the feeling. Now, this agreement provides more revenue, not less revenue -- how are you going to pay your debt? It provides more revenue. And, quite frankly, if you look at the rate that the board approved, the land rate, it's 10 cents, not 33 cents. MR. CURRY: For land only, not an improved surface. COMMISSIONER HENNING: So you're saying three times the amount for cement concrete that is not within the rate structure that has not been approved by the board? MR. CURRY: No, not at all. COMMISSIONER HENNING: Okay. It is -- it's not in the rate agreement fee. MR. CURRY: The rate -- when they started -- when the previous airport authority started this six years ago, was a rate, I think, that graduated with a 3 percent increase per year, which has gotten us to 33 cents per -- COMMISSIONER HENNING: For foot. MR. CURRY: -- per square foot. That's not based on any type of appraisal that I have personally done. The appraisals that I have done has been strictly for land, not improved surface. Strictly for land. Ten cents for aeronautical; 14 cents for non-aeronautical. So the only thing that I said is that is what he is currently paying, and it's escalated because of 3 percent over the years. COMMISSIONER HENNING: But we just approved this with CPI, and all I'm saying is it doesn't make sense that we would charge 300 percent more than what you are for grass, pavement, or gravel. That's the only point that I'm getting. So as far as anybody getting any Page 115 June 11, 2013 special treatment, I don't see that. The issue with the turf runway, I think you need to ask the county attorney what should be done. CHAIRWOMAN HILLER: County Attorney? MR. KLATZKOW: You can't obligate a future board to maintain. Every year you pass a budget, all right. And if there is a turf runway built, every year you're going to have to allocate funds towards that maintenance, but you don't have to, okay. And at that point in time, eventually the turf runway will get into a condition where it loses the permit. And at that point in time, the people primarily using that will have to make the decision, do I want to take that expense on or not. But that's going to be a decision for a future board. You do not have a turf runway to maintain at this point in time. You may never have a turf runway. COMMISSIONER HENNING: Well, the issue is, what Commissioner Coyle's brought up, should the turf runway be a part of the lease? And since the fact is they would -- Fletcher Flying has agreed to maintain that turf runway, should it be -- should those elements be within the lease? MR. KLATZKOW: They can be within the lease if that's what is agreed to. This is, first and foremost, a negotiation between the airport authority and its number one tenant at the Immokalee airport. CHAIRWOMAN HILLER: Well, I would like to simplify it. I think the purpose of the discussion of the runway is to give Fletcher the opportunity to come before the board and to know that if he agrees to build it and if he agrees to maintain it during the tenancy of his lease, that the board will not object to him building that runway at the airport. MR. KLATZKOW: You'd have to modify the agreement to reflect that. Right now the agreement does not require them to maintain it. Page 116 June 11, 2013 CHAIRWOMAN HILLER: Understood. MR. KLATZKOW: What I'm saying is that you're not required to maintain it either. CHAIRWOMAN HILLER: No, I understood. But we're not required to do anything. I mean, year by year -- MR. KLATZKOW: That's correct. CHAIRWOMAN HILLER: -- we appropriate, and it doesn't matter whether it's a road. I mean, we could stop maintaining a road anywhere in the county if we chose to. I mean, it would be dumb, but I'm just saying. COMMISSIONER NANCE: I'm going to make a suggestion that we allow Commissioner Henning to bifurcate it and allow us to go forward to finalize this agreement. CHAIRWOMAN HILLER: Or what you could do is you -- COMMISSIONER NANCE: Make a separate motion. CHAIRWOMAN HILLER: -- continue -- you could keep that in there but you could say, you know, subject to -- you know, that the approval of that runway is subject to the board's decision to either accept maintenance or not. And that way, you know, when it comes to that point in time, we can either accept what Fletcher offers or we can choose to maintain it ourselves and leave that open, but something that allows us to, you know, negotiate on that runway if we chose to. COMMISSIONER COYLE: Could I continue my comment concerning that? CHAIRWOMAN HILLER: Sure. COMMISSIONER COYLE: It never really got answered. We were diverted. But that -- the issue is in just getting this item correctly stated. I'm not opposed to the principle. It's not correctly stated in accordance with -- CHAIRWOMAN HILLER: The discussion. COMMISSIONER COYLE: -- what we've talked about today. Page 117 June 11, 2013 CHAIRWOMAN HILLER: I understand. COMMISSIONER COYLE: And it's fairly simple to solve. Under the first amendment to commercial aeronautical operations license agreement, which is Packet Page 725, under Paragraph 3, the last sentence, if you just remove the last sentence of that, it removes any ambiguity about that and allows the board to make -- CHAIRWOMAN HILLER: To negotiate, right. COMMISSIONER COYLE: -- a decision to let the Fletcher Flying Service proceed with a permitted surf (sic) runway, and provided they agree to maintain it in accordance with the board's desire. COMMISSIONER HENNING: Yeah. I'll make that a part of my motion. CHAIRWOMAN HILLER: Yep, that's great. Thank you, Commissioner Coyle. Commissioner Nance? COMMISSIONER NANCE: I'm done. CHAIRWOMAN HILLER: Commissioner Henning, you've made your motion? COMMISSIONER HENNING: I made part of my motion. I want -- Bill, I want to hear -- I'm trying to compromise with the airport director. I'm really trying. MR. CURRY: I'm trying as well. COMMISSIONER HENNING: Okay. MS. KULPA: I'll make comments. COMMISSIONER HENNING: Thank you. The issue about the tie-towns, if the airport authority needs those tie-downs, since the director has agreed to provide tie-downs in a different location, can we come to Fletcher Flying and say we need those and we're going to relocate you? MS. KULPA: Absolutely, absolutely. Page 118 June 11, 2013 MR. KLATZKOW: Your agreement gives you that right right now. COMMISSIONER HENNING: Yeah. MS. KULPA: Absolutely. COMMISSIONER NANCE: How many corporate hangars -- how many large corporate hangars do we presently lease? MR. CURRY: There's three that are ours at the airport. COMMISSIONER NANCE: How many are leased out? MR. CURRY: Three. COMMISSIONER NANCE: All three? CHAIRWOMAN HILLER: Who are -- COMMISSIONER NANCE: Who are the other tenants? MR. CURRY: The Sheriffs Department and Mr. Ralph Hester. COMMISSIONER NANCE: And they all have tie-downs? MR. CURRY: No, they do not. COMMISSIONER NANCE: Are they asking for any? MR. CURRY: Not at this time. COMMISSIONER COYLE: They will now. MS. KULPA: And another issue is we did have those tie-downs originally. When we were in that hangar, they were part of the lease. And then when Mr. Curry came, they relinquished those, didn't allow us to have those. COMMISSIONER HENNING: Correct. MS. KULPA: And also, again -- MR. CURRY: I never relinquished anything. I really had no clue that that was part of an original lease. MS. KULPA: Well, that was our understanding, that's why he used them. So we were able to use them within the lease. And another issue is with the pad, an improved pad, that I know that Steve put that concrete down there for that pad. COMMISSIONER HENNING: That's his concrete? Page 119 June 11, 2013 MS. KULPA: Yes, yes. He installed that concrete pad, or resurfaced it and, you know, improved it. So there might have been -- I guess Bill's saying there might have been something there, but we resurfaced and improved it, you know, especially for chemicals. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: The 50-by-50 or the 100-by-100 or MS. KULPA: I'm not sure the size, but we made it, you know, where it's very efficient, you know, working with the chemicals. So we have spillage, you know, it goes into a special area. So we did improve it considerably. CHAIRWOMAN HILLER: Commissioner Henning, would you like to make your motion? COMMISSIONER HENNING: Yeah. To further my motion is that we provide those historical tie-downs as presented with the understanding, if the airport authority needs them in the future, they will, in writing, write to Fletcher Flying and provide three other hangars (sic). COMMISSIONER COYLE: Tie-downs. CHAIRWOMAN HILLER: Tie-downs. COMMISSIONER NANCE: Tie-downs. COMMISSIONER HENNING: Tie-downs, thank you. CHAIRWOMAN HILLER: Okay. So you've made a motion to accept the recommendation as presented with respect to the first amendment to the corporate hangar license agreement dated December 18, 2007, the first amendment to the commercial aeronautical operations license agreement dated May 16, 2006, and with respect to the tie-down agreement as amended; is that correct? COMMISSIONER HENNING: Correct. COMMISSIONER NANCE: With Commissioner Coyle's amendment on No. 2? Page 120 June 11, 2013 COMMISSIONER HENNING: Correct. CHAIRWOMAN HILLER: Thank you for that clarification. Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: There being no further discussion and no public speakers, all in favor? COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 4-1 with Commissioner Fiala dissenting. COMMISSIONER FIALA: That's just because of the self-sufficiency concern, and we're not getting paid for it, and we're not giving any credit to the airport, so I can't vote for that. COMMISSIONER HENNING: I voted for it because we're actually collecting more than we have historically, and now we understand that Fletcher Flying has made improvements to the pad, and we're charging 300 percent of what regular land is. COMMISSIONER NANCE: And I'm voting for it because we have a 10-year lease with our largest customer and a critical element to our ager business community. CHAIRWOMAN HILLER: You all know why I'm voting for it. I mean, I don't have to repeat myself on the record. Item #14A4 AA RESOLUTION 2013-124: COLLIER COUNTY AIRPORT AUTHORITY RESOLUTION AMENDING ITS AIRPORT RULES Page 121 June 11, 2013 AND REGULATIONS BY ADDING A FAIR TREATMENT POLICY — ADOPTED CHAIRWOMAN HILLER: The next item on the agenda is 14A4. Commissioner Henning. COMMISSIONER NANCE: Are we going to break for lunch? CHAIRWOMAN HILLER: No. We're not going to break for lunch, and the reason we're not breaking for lunch is because we have all these people in this audience that are speaking to these agenda items. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: And to ask them to wait another hour, I think, would be inappropriate. So we're going to conclude this item and to allow Mr. Curry to get back to the airports as well, as well as Camden to return to her station. COMMISSIONER HENNING: The next item -- CHAIRWOMAN HILLER: Are you okay? THE COURT REPORTER: I can make it until after the item. CHAIRWOMAN HILLER: Okay. Because we don't have that much more to go. Thank you. COMMISSIONER HENNING: This wouldn't -- I don't think the airport director's opposed to this item. It just provides, you know, fair treatment. Before reporting to the FAA, that the airport staff come to CHAIRWOMAN HILLER: The board. COMMISSIONER HENNING: -- the airport authority and get that approval. CHAIRWOMAN HILLER: Which makes perfect sense. So basically -- COMMISSIONER FIALA: Shouldn't we hear from the airport director? Page 122 June 11, 2013 CHAIRWOMAN HILLER: Yeah. I just want to make a statement for the record. The recommendation is that the Collier County Airport Authority adopt the resolution as proposed by Commissioner Henning that is incorporated in the backup material and amend its airport rules and regulations by adding a fair treatment policy as Commissioner Henning described. MR. CURRY: Well, my recommendation was simply that it would seem to me like a fair treatment policy would be countywide and applied to everybody in the county. I'm not sure why it would be airport specific. COMMISSIONER HENNING: Well, because the airport staff hasn't done that and, quite frankly, the board has adopted our goals on how we treat residents, and that was through County Manager Mudd. I'm not sure if you -- yeah, you did have the opportunity to meet him. MR. CURRY: No, no. I wasn't here then. COMMISSIONER HENNING: Yes. And, quite frankly, the -- any action that our employees does to what we call our customers -- MR. CURRY: Right. COMMISSIONER HENNING: -- is our residents and our constituents, they have no problem emailing us, and those are directed over to the county manager to take care of. He has also other adopted policies within the CC -- MR. OCHS: CMAs. COMMISSIONER HENNING: CMAs. MR. OCHS: Yes, sir. MR. CURRY: So we're already bound by that? COMMISSIONER HENNING: Pardon me? MR. CURRY: I said, so we are already bound by a policy that requires us to treat everybody fairly. CHAIRWOMAN HILLER: You're not under the CMA, Chris. Page 123 June 11, 2013 The county manager -- no, the county manager's staff -- you're the executive director of the airport. The county manager is not involved with the airport, and you're not involved with the county manager's organization. You have separate rules and regulations, and you answer directly to the board. COMMISSIONER HENNING: This was a part of what Fletcher Flying requested. CHAIRWOMAN HILLER: Right. And it's -- you know, these are airport rules and regulations. Commissioner Coyle? COMMISSIONER COYLE: I have a couple of questions of clarification. What does this mean, the activities outside of the airport secure areas? I don't know what you consider to be the airport secure areas. COMMISSIONER HENNING: The boundaries of the airport. COMMISSIONER COYLE: Okay. So anything within the airport boundary means that -- that no videotaping or other surveillance will be done outside of the airport's boundaries; is that right? COMMISSIONER HENNING: Jeff? MR. KLATZKOW: This language was just sent to me by Chris. MR. CURRY: Well, we have the secured areas, and we have unsecured. We have airside, and we have landside. So we generally consider inside the fence secure area and outside the fence of the airport what you would consider the unsecure area; however, we do surveillance continuously on the airport in its entirety. So it may be a matter of just amending the language slightly to say the entire airport. Again, I think the premise was that we're not going in anybody's building and videotaping anything, but anything on the property of the airport, we will have under surveillance. COMMISSIONER COYLE: Yeah. But you should have the Page 124 June 11, 2013 right to go into anybody's building and videotape something if you want to, because many of those buildings are airport authority assets. You presented information to us showing damage to one of the buildings that had to be corrected recently. So I don't understand why there's any attempt to limit videotaping and surveillance within the airport boundaries on all the airport property. Why is there a concern about doing that? If you're not doing anything wrong, what is it that's objectionable? COMMISSIONER HENNING: Well, the issue, Commissioner Coyle, is reporting, videotaping, you know, somebody you're doing business with, and then the second issue is the constant reports to the FAA. And what Mr. Fletcher, Steve Fletcher has told me, he said, that's my livelihood. I make my living and feed my family with that. If I don't have my license, I have no way, not only to pay your lease, but I have no way to have a living. So what Mr. Fletcher wanted is a way to stop these automatic reportings to the FAA and these constant surveillances. COMMISSIONER COYLE: Well, if I could. These -- the ones I'm familiar with were not automatic. They were triggered by an actual event that was caused by Mr. Fletcher. And whether or not it was a violation is something that has to be determined by the FAA. And I've been unable to find that they have resolved those items yet, but I don't think there is a direct connection between having valid security video and surveillance within the airport properties. Almost all, at least all general aviation airports that I've been around, have some kind of airport surveillance. And I would be reluctant to try to prohibit that. Now, you already have provisions that say, unless it is an immediate threat to public health or safety, no formal action of complaint shall be filed without prior approval of the airport authority. Page 125 June 11, 2013 You've already resolved that issue in another part of this paragraph, so I don't understand why we want to limit the ability to have secured surveillance within the confines of the airport. CHAIRWOMAN HILLER: Well, if I may comment on that. I think that the level of video scrutiny should be equal for everyone on the airport and that there should be no increased scrutiny of Mr. Fletcher because he's being perceived, you know -- or he's being targeted unfairly, if you will, and I think that's the point. It goes to the whole issue of fairness. So -- COMMISSIONER COYLE: But you can sort -- CHAIRWOMAN HILLER: Then there's -- COMMISSIONER COYLE: You can solve that under the next sentence. CHAIRWOMAN HILLER: All right. But can I continue. There's a balance between the degree of surveillance that's required to provide the necessary level of security, and that really is a discussion for another time as to, you know, how much security is actually needed at that airport. I still haven't seen the security plan, you know, that we, by the way, as a board have never adopted even though the FAA has adopted it and also, you know, a reasonable expectation of privacy that, you know, I'm sure he has if, you know, he's within his building and, you know, doing his business. I think we have to be very careful about where we're going with this, and I think -- at least it was my intent when I made the recommendation with respect to video surveillance, is that it be no more than anybody else at the airport was subject to, including our employees. Our employees are subject to the same level of surveillance. MR. KLATZKOW: The intent of this is that when you lease something, you're entitled to peaceful and quiet enjoyment. CHAIRWOMAN HILLER: Correct. Page 126 June 11, 2013 MR. KLATZKOW: Okay. And the intent of the video surveillance is that -- he's got the cameras going anyway, okay, within the secure area, and they're staying there, but the intent is that you don't have an employee surreptitiously taping one of their -- CHAIRWOMAN HILLER: Correct. MR. KLATZKOW: -- tenants or have an employee go in with a video camera and opening the door and taking video. I don't think that's the way we want to run our airport. If that's the way you want to run your airport, that's fine. CHAIRWOMAN HILLER: I don't think we can. COMMISSIONER COYLE: Does that include employees who go out and photograph hot fueling by the airport staff? CHAIRWOMAN HILLER: I don't know. You have to ask Commissioner Henning. COMMISSIONER COYLE: Okay. But -- if I see a violation on an airport and I take a picture of it -- and I think it's a safety issue, and I take a picture of it, and I send that picture to the FAA, do you think that's an inappropriate thing for me to do? COMMISSIONER HENNING: Can I answer that? CHAIRWOMAN HILLER: Yes, of course. COMMISSIONER COYLE: Sure, sure. COMMISSIONER HENNING: It could be. It's your opinion. COMMISSIONER COYLE: No. There's a picture of it. COMMISSIONER HENNING: Yeah. But that's your opinion. You're not -- COMMISSIONER COYLE: That's right. COMMISSIONER HENNING: You're not the judge and jury. Let me -- COMMISSIONER COYLE: That's why it goes to the FAA, though, you see. CHAIRWOMAN HILLER: Unless it comes to the board. Page 127 June 11, 2013 COMMISSIONER HENNING: But it should come to the board, Commissioner. COMMISSIONER COYLE: Okay. I'm talking about if I'm out on the Naples Airport Authority somewhere and I see what I think is an unsafe incident and I take a picture with my cell phone -- CHAIRWOMAN HILLER: As a citizen? COMMISSIONER COYLE: -- that should not be -- that should not be restricted. Nobody should restrict that, nor should anybody try to restrict a report by someone, any observer, whether it's an airport employee or not, restrict them from reporting to the FAA something they believe is a safety -- public safety problem. It's just like trying to write a law against whistleblowers and say, you can't go to the FBI if you suspect we're doing something illegal. You have to bring it to us first, and we have to approve it. It is a crazy process, and I see no need for even doing this. CHAIRWOMAN HILLER: I think -- Jeff, you know, this is a very important issue. And when we've got employees acting in their official capacity representing the county taking photographs, I think -- or videos or collecting evidence in some regard that would give rise to an issue that potentially could be some, you know, federal or state violation, since they're acting in their official capacity, there should be a protocol that that goes to their supervisor, and that supervisor comes to the board, and the board sends the complaint to the agency. COMMISSIONER FIALA: You know what? CHAIRWOMAN HILLER: I really -- I see it as a big problem if you've got employees acting in their official capacity independently going to -- I mean, there is nothing to disallow someone from being a whistleblower about what the agency is doing incorrectly, but that is very different than if we're talking about a tenant on county property who is doing something, because then it's about the board making a complaint. Page 128 June 11, 2013 COMMISSIONER FIALA: You're just talking about Fletcher, though. Let's take a look -- CHAIRWOMAN HILLER: No, we're talking about a general principle here. COMMISSIONER FIALA: That's what I want to do. I want to talk about generally. If we have a flying school come in -- we just saw this happen a number of years ago -- and they were training people, and if an airport employee saw that these people were maybe participating in subversive stuff or even he suspected it and he wanted to take a video of that and send it, he doesn't need to send it to us. He needs to send it to the FBI or whomever is going to be able to squelch that, because they didn't do that at Charlotte County. And, you know, if you recognize that there's something going on that you feel that could be of harm to others, whether it be in your community or whether it be in the country, man oh man, you better be able to take that video and send it to the proper authorities. CHAIRWOMAN HILLER: Jeff, can you share with us what should be the proper protocol? Could you sit down until -- could you have a seat until this discussion is over. MR. KLATZKOW: I am okay with what the airport authority has always done. CHAIRWOMAN HILLER: Which is? MR. KLATZKOW: Which is reporting violations to the FAA as they see it. CHAIRWOMAN HILLER: Directly? MR. KLATZKOW: Directly. The issue here is that you have a tenant who is your prime tenant who feels, rightly or wrongly, that they're being harassed. This is simply part of an entire package here establishing a relationship that you're going to have with your prime tenant. CHAIRWOMAN HILLER: Okay. Page 129 June 11, 2013 MR. KLATZKOW: All right. If your prime tenant believes he's being harassed -- what we're saying is we're not going to let our employees take video cameras into your hangar, all right. If you have a prime tenant that believes that he's unfairly getting complaints to the FAA, we're telling your prime tenant, okay, unless there's an immediate threat to health and safety here, we're not going to do anything without going to the airport authority. And, in fact, we're going to try to resolve it with the Airport Authority Advisory Board beforehand. That is why we're having this discussion. We're having this discussion because this is a problem at this airport with your prime tenant, and if this problem's not resolved, you're going to lose your prime tenant. That's what we're talking about here. It's a -- this is -- CHAIRWOMAN HILLER: Which is the targeting. MR. KLATZKOW: This is a business negotiation first and foremost. CHAIRWOMAN HILLER: Exactly, which is -- COMMISSIONER FIALA: So should we just say Fletcher then, rather than the airport in general? CHAIRWOMAN HILLER: No, because, I mean, we want -- we don't want this to happen to anybody. So, again, it goes back to what I was saying in the beginning, that the whole objective is not to have treatment that's dispirit and that all these, you know, tenants or invitees to the airport are viewed the same way and that, you know, you don't have an employee following around one tenant with a camera to try to catch them doing something wrong to or -- you know, try to catch them in what they can try to allege is some sort of wrongdoing to harass them. MR. KLATZKOW: We have tenants all over the county, and I've never heard of any county employee going to their facilities with cameras, all right. This is a problem that you have at this one airport Page 130 June 11, 2013 with this tenant that has resulted in this proposed change in policy. CHAIRWOMAN HILLER: So the proposed change, then, is fair, because it's a general proposed -- it's a general proposition to do only what's necessary and treat everyone equally. MR. KLATZKOW: It is an attempt to keep Mr. Fletcher at the airport. That's the primary purpose of bringing this forward now. CHAIRWOMAN HILLER: But it benefits any other tenant at the airport or any other invitee equally. MR. KLATZKOW: Yes. COMMISSIONER FIALA: Commissioner, you want to be concerned with your safety. MR. CURRY: Let me just say this: There are conversations and direct requests we have from several governmental agencies that never come through the board. Whether it's the FBI, whether it's the CIA, whether it's TSA. CHAIRWOMAN HILLER: What has the FBI and CIA -- MR. CURRY: Direct requests that are made to me because of their concern about certain activities that happen on the county airport that never come to the board, so -- CHAIRWOMAN HILLER: Well, we're not talking about what the FBI is asking you. We're talking about whether one of your employees is following Mr. Fletcher with a video camera to try to find a situation that he can capture in a picture and then say -- report to the FBI and say I believe this is wrong. MR. CURRY: Nobody -- nobody is doing that. But what I'm telling you is if -- is if I receive directions from the FBI or CIA, for example, that Mr. Fletcher was an issue or item of concern, the airport would act appropriately to respond to that agency, whether it was taking pictures or whatever the case is. CHAIRWOMAN HILLER: And you wouldn't advise the county attorney that the FBI has notified you to act as an informant and to Page 131 June 11, 2013 take -- wow, I can't believe -- MR. CURRY: No, don't take this -- what I'm saying is that -- CHAIRWOMAN HILLER: Wow. MR. CURRY: I would not come to the board -- CHAIRWOMAN HILLER: God help us. If the FBI is coming to you and asking you to take videos of Mr. Fletcher -- MR. CURRY: You are trying to make a mountain of a molehill. And again, just for the record, I'm not saying Mr. Fletcher -- CHAIRWOMAN HILLER: Or anybody. MR. CURRY: -- has ever been targeted in that way by anybody. But what I'm saying is that you're trying to make a requirement to come through the board. The board process for me can be three weeks, okay. That may not allow me to act effectively to deal with those type of organizations. That's all I'm saying, plain and simple. COMMISSIONER HENNING: May I -- I think there's a misunderstanding. May I? We're not talking about that. We're talking about reporting to the FAA. We're not talking about requests from FBI or any other agency to monitor somebody. And by the way, quite frankly, I would be very surprised if the FBI asked the airport personnel to spy on a tenant, but that's -- you know, anyways. Sir, I am speaking. UNIDENTIFIED SPEAKER: I'm standing here. COMMISSIONER HENNING: I'm speaking. UNIDENTIFIED SPEAKER: I'm standing here. COMMISSIONER HENNING: Let me tell you something that was told to me by Mr. Curry after I came out to visit Mr. Fletcher. He said after I left that all the tenants gathered in one place. So why is that so important? Why is it so important that the employees out there have to report that tenants are talking to each other? In my -- and you know what I said to him? I says, well, maybe they were having a birthday party, you know. Who cares? Page 132 June 11, 2013 And, by the way, that was mentioned to Camden, too. So that's what's happening out there. And the only reason this is on here, like Mr. Klatzkow said, is to keep a tenant, Mr. Fletcher, the one that's buying most of the fuel, most of the activities out in Immokalee. And, furthermore, it provides a way for how the employees conduct themselves. It's not saying not to report to the FAA. It's saying come to the airport authority first. That's all it is. I hope that we can get back to the real issue instead of scenarios of spying agencies and -- CHAIRWOMAN HILLER: I couldn't help it. I just -- I shouldn't have. COMMISSIONER HENNING: You know, I'm going to make a motion to approve this item. COMMISSIONER FIALA: This can be very serious. CHAIRWOMAN HILLER: It's just terrible. COMMISSIONER FIALA: It's not funny. CHAIRWOMAN HILLER: It's not. It's, like, painful. COMMISSIONER FIALA: So then why don't you just -- why don't you just target this only for Fletcher. Nobody can take any pictures of him -- CHAIRWOMAN HILLER: No. COMMISSIONER FIALA: -- or if they do, it has to come to the board. But all of the other airports, you still have to have security measures in place. You just don't want to do that for Fletcher? CHAIRWOMAN HILLER: No. COMMISSIONER FIALA: Well, what are you saying? That's the only one you're talking about. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER FIALA: So why don't you just do it? You can take me off now. CHAIRWOMAN HILLER: Commissioner Nance? Page 133 June 11, 2013 COMMISSIONER NANCE: You know, there is absolutely -- there is absolutely no way you can regulate the working and business environment of a company or an organization or a facility. The responsibility to maintain a good working environment is the responsibility of the executive director of the airport. He's the final -- he's the final guy that's going to do that. He's the guy that's directing the operations to fulfill the policies that the airport authority directs. So there's no way you can go in and regulate it. This provision is strictly in an effort to try to -- to try to regulate the abuse of regulation, and I don't think there's any way to do that. CHAIRWOMAN HILLER: No, there is. You certainly can regulate the abuse of regulation. COMMISSIONER NANCE: It's very difficult when safety is constantly invoked as a stopping point for every argument that's ever brought up to solve a problem. You know, everything is always wrapped in safety, and it's a circular argument that takes us back over and over and over again. CHAIRWOMAN HILLER: Well, let me -- COMMISSIONER NANCE: And it's our first concern -- but let me finish. It's our first concern. Safety is always our first concern, but we can't have analysis paralysis that stops us from using this facility, and that's what we've gotten into. We've gotten to where people can't function because we're just paralyzed by all this circular argument that always take us back to some reason why we can't do something because, you know, the FBI or the CIA might show up. It think it's bizarre and ridiculous, and I'm going to second Commissioner Henning's motion to approve Item 14A4. CHAIRWOMAN HILLER: Okay. There being no further discussion, all in favor? (No verbal response.) COMMISSIONER NANCE: Aye. Page 134 June 11, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 3-2 with Commissioner Fiala and Coyle dissenting. And just to -- you know, I just want to comment on, you know, controlling how far you can go with regulation and protecting individual rights against abuse. I mean, our constitution addresses that over and over again. You know, we have search and seizure, due process, all that good stuff. COMMISSIONER NANCE: I agree 100 percent. CHAIRWOMAN HILLER: We certainly do want to -- especially when it comes to police power, we want to make sure that there are no abuses and that everything is done fairly and correctly. COMMISSIONER NANCE: I agree. And having good managers is critical to that. CHAIRWOMAN HILLER: In addition, absolutely. COMMISSIONER HENNING: Madam Chair, I'm not sure how many speakers want to address the next item. Being the heat in the room, it might be wise to take a break and let it cool down. CHAIRWOMAN HILLER: Sure. The next item relates to staff reductions at the airport, developing a prepaid -- well, basically a fee structure for ramp fees, flowage fee for fuel, and a prepaid fuel card program, and then, finally, a partnership with the Immokalee CRA. Are any of the speakers that are here interested in addressing that issue? All right. In that case, I'm going to follow Commissioner Henning's recommendation that we break now for lunch. We'll be back at 2 o'clock, and we'll continue with Item 14A5 at that time. (A luncheon recess was had.) Page 135 June 11, 2013 MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. Before we begin the next item on the agenda, which is 14A5, I just wanted to do a quick follow-up on the last discussion we had. Chris, would you mind coming to the podium. Chris, during your last discussion -- and the reason I'm bringing this up now is because we've concluded the last agenda item, before we start the next one, I just want to quickly ask while you're still here -- you blurted out that the FBI and the CIAs were coming to you for information. Are you acting as an agent for the federal government without our knowledge? MR. CURRY: No, I'm not. CHAIRWOMAN HILLER: Well, are they coming to you and asking you for information? MR. CURRY: I'm not going to get into that level of discussion here today with the board. I think that's something, if you want to talk about the type of involvement we have, it should not be in this forum. CHAIRWOMAN HILLER: Well -- but you brought it up in this forum, so -- MR. CURRY: I did, but I'm not going to answer anything related to that. CHAIRWOMAN HILLER: Well, I'm concerned because, you know, I would hope that they're not using you to circumvent, you know, the constitutional rights of individuals, and I'd also think that the board, if there is criminal activity going on -- and now we're not talking about the FAA. Because Commissioner Henning was correct, what we were talking about, you know, was the FAA, and we weren't talking about criminal activity, but you brought that up. I'm very concerned. I mean, do we have potential criminal activity going on at the airport that the board needs to know about? I mean, we're ultimately the -- you know, the responsible entity. Page 136 June 11, 2013 MR. CURRY: If the board needed to know about it, I would let you know. CHAIRWOMAN HILLER: Well, I'm very concerned. MR. CURRY: Okay. CHAIRWOMAN HILLER: I'm seriously very concerned. And how do you propose giving us the information that you said you would give us but outside of this public forum? MR. CURRY: I would probably brief you individually or work through the County Attorney's Office to do it in a closed session. CHAIRWOMAN HILLER: Okay. And does this go to you, like, video -- you know, following people around with videotapes? Because this conversation all came about when we were talking about, you know, videoing Mr. Fletcher. Like, to give you an example, videotaping Mr. Fletcher within his hangar would be a violation of his Fourth Amendment rights. I mean, is something like that going on? I mean, we need to know. MR. CURRY: We're on an airport, okay. We're not on the street. Everything on an airport is subject to surveillance. If anybody told you that I'm running around following somebody videotaping, that is totally false. Did somebody tell you that? CHAIRWOMAN HILLER: I believe that there was an allegation made in Mr. Fletcher's suit that your staff was following him with video -- a video camera or something like that. I'm not sure. I don't recall. MR. CURRY: Okay. Well, I mean, if you're not exact, then I -- I'm not going to answer -- CHAIRWOMAN HILLER: You can refer to the complaint. MR. CURRY: Well, we've already dealt with that. We've dealt with that in the court. CHAIRWOMAN HILLER: So you're not acting as an agent of the federal government? Page 137 June 11, 2013 MR. CURRY: I think I answered that before. CHAIRWOMAN HILLER: Okay. I just want to clarify. Your answer was no? MR. CURRY: (No verbal response.) COMMISSIONER FIALA: Why are we -- CHAIRWOMAN HILLER: Because this is a very important issue. MR. CURRY: Is that part -- I don't see where that's relative (sic) to the agenda. I used it as a mere example, but I don't see how it's relative to the agenda that relates to videotaping. As it was -- as it was clearly explained, it was dealing with the FAA only, so that's all we're dealing with. CHAIRWOMAN HILLER: Okay. I just want to confirm that. And you're not engaging in any activity that would violate anyone's constitutional rights on behalf of any federal agency like the FBI or the CIA notwithstanding that they have said -- you have just said -- I mean, you stated it on the record that they came to you for information. MR. CURRY: Not as far as I know. CHAIRWOMAN HILLER: Okay. But you are providing them with information? MR. CURRY: If I'm asked, I will. CHAIRWOMAN HILLER: Well, you indicated that you were, that's why I'm raising this issue. MR. CURRY: If I'm asked, I will, okay. CHAIRWOMAN HILLER: Okay. Thank you. Item #14A5 RECOMMENDATION DIRECTING THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR TO MODIFY Page 138 June 11, 2013 IMMOKALEE AND EVERGLADES AIRPORT OPERATIONS BY SEPTEMBER 1, 2013 TO ENABLE THE AIRPORTS TO BECOME SELF-SUSTAINED AND THE EXECUTIVE DIRECTOR TO BRING BACK TO THE BOARD OF COUNTY COMMISSIONERS AT THE JULY 9, 2013 MEETING AN OPERATIONS PLAN AND FINANCIAL REPORT FOR REVIEW TO ACHIEVE THE FOLLOWING: (1) STAFF REDUCTION PLAN TO REDUCE STAFF AT IMMOKALEE REGIONAL AIRPORT FROM 5 FTE TO 1.5 FTE AND PROVIDE A WRITTEN FEASIBILITY ANALYSIS TO REDUCE EVERGLADES AIRPORT STAFF LEVEL TO A .5 FTE; (2) ADOPT AN IMMOKALEE REGIONAL AIRPORT RAMP FEE OF $25 IN LIEU OF MEETING A NEW FUEL PURCHASE MINIMUM OF 5 GALLONS FOR LANDING AIRCRAFT; (3) ADOPT A SINGLE FLOWAGE FEE FOR FUEL REGARDLESS OF VOLUME OR FUEL SOURCE; (4) DEVELOP A PRE-PAID FUEL CARD PROGRAM TO INCREASE FUNDS COLLECTED IN ADVANCE AND ESTABLISH AN ENTIRELY SELF-SERVICE FUEL PROGRAM WITHOUT NEED FOR STAFF. DEVELOP A PRE- PAID FUEL CARD DISCOUNT SYSTEM BASED ON PURCHASE VOLUMES; AND (5) PARTNER WITH IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) BY MOVING CRA OFFICES TO IMMOKALEE REGIONAL AIRPORT'S MANAGEMENT OFFICE AND UTILIZE CRA STAFF AS AIRPORT CUSTOMER SERVICE SUPPORT IN LIEU OF RENT TO OFFSET STAFF REDUCTIONS - MOTION TO CONTINUE TO THE JULY 9, 2013 BCC MEETING AND AIRPORT DIRECTOR TO BRING BACK ALTERNATIVES — APPROVED CHAIRWOMAN HILLER: Commissioner Henning, 14A5. Page 139 June 11, 2013 COMMISSIONER HENNING: Madam Chair, I really want to make a motion to continue this item. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: That's a good idea. I'll second that. COMMISSIONER HENNING: No. And there's a lot of emotion in these items that should not be. I brought these forward for a business decision. We looked at other airports, including Hendry County that has two airports. They have one employee. LaBelle sells twice the fuel as Immokalee. CHAIRWOMAN HILLER: Uh-huh. COMMISSIONER HENNING: They have one employee. But I think the direction would be -- since Mr. Curry has seen my item -- is request that he comes back with an alternative, and it also gives me a chance to work with Brad. I don't -- Brad Muckel, our CRA director. CHAIRWOMAN HILLER: Sure. COMMISSIONER HENNING: I don't want him to take the heat for this. CHAIRWOMAN HILLER: Of course. That's understandable. COMMISSIONER HENNING: I need to go out to Immokalee to the CRA board and explain why I brought this up and get their feedback and cooperations. CHAIRWOMAN HILLER: Well, then I'll make a motion that we continue Item 14A5. Would you like to bring it back at the next board meeting? COMMISSIONER FIALA: I already seconded Commissioner Henning's. COMMISSIONER HENNING: Well, my motion would be to continue it until, actually, the July meeting. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: And with that motion is direct Page 140 June 11, 2013 the airport director to come back with an alternative to my agenda item. CHAIRWOMAN HILLER: So you want to go ahead and make the motion? COMMISSIONER HENNING: I did. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: And I seconded it. CHAIRWOMAN HILLER: All right. Sounds good. COMMISSIONER FIALA: Commissioner Henning, may I just suggest, while you're doing your searching and delving into this a little bit deeper -- and I'm happy that you've suggested to do that. One of the questions I was going to ask today -- so you might want to investigate, because I didn't see it here -- was can a CRA staff who has been paying -- who is being paid by TIF funds be allowed to then operate as airport personnel when they can't do CRA work? That would be one suggestion. And secondly -- COMMISSIONER HENNING: I could answer that now if you'd like. COMMISSIONER FIALA: Oh, okay. But you might add that into your things as well. And the second thing I wanted -- and I don't know that this works or not. I can only say with Bayshore CRA, they needed to be involved there right in the CRA so people can drop in and see them and talk with them and participate in it, and it would be maybe a little more difficult for them to get over to the airport. And I was just wondering if that's a location. But you don't have to answer these things now, just -- I think it would be good if you could bring it back. COMMISSIONER HENNING: Sure. COMMISSIONER FIALA: Thank you. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Page 141 June 11, 2013 Commissioner Henning, I actually support your effort to try to make the airport more economical. I believe my comments in that regard are -- have been clear. I really support that. I hope that we can have a motion to have Mr. Curry bring back a plan to do something similar; however, I would -- I would say -- and I understand what you're doing with your No. 5, which is suggesting that the community -- the Immokalee CRA partner with them for efficiency, but my only concern is that the -- under Brad's leadership, the CRA, I think, is getting retooled. It's much smaller. It's much leaner. It's only got three people. And I want to make sure that in our effort to improve what happens at the airport that we don't damage the reformation of the CRA. I'm really concerned that the CRA's community based, that it gets back to its core mission. I actually thought that his move -- his suggested move to Southwest Florida Works in the one stop was actually very, very good, because I think it's going to have a lot of synergy in the location of that. So I would really like to bifurcate those two things. I think there's a lot of reasons, not -- in our effort to not improve the airport, but I want to make sure that the CRA doesn't get tied down trying to provide customer service for the airport, which is all day every day, and they lose their core mission. So I support -- I understand exactly what you're doing, and I do support your effort to downsize the airport. COMMISSIONER HENNING: Well, let me just say this. In lieu of rents, $25,000 in rent that he -- the CRA was going to pay, they were going to do minor operations at the airport and -- however, I need to talk to the CRA board and see if they're on board. Now, if you feel that they should go to the workforce development, I'll just remove that right off the table. COMMISSIONER NANCE: No. I don't want to make that Page 142 June 11, 2013 decision unilaterally. COMMISSIONER HENNING: Okay. COMMISSIONER NANCE: That's not what I'm saying. I would not -- you know, I don't want to cut off the discussion. I'm just saying that I really think that that location may have a lot of utility for them as they go back to their core mission. It's handy. They don't have to pay electric. They have a meeting room. They don't have to do cleaning. It's really great for a small three-person staff to do that, you know. And I would welcome talking to Brad. But I want to make sure that the -- in our effort to help the airport, that we don't take away from the CRA. That's all I'm saying. COMMISSIONER HENNING: Right. And I -- COMMISSIONER NANCE: And like I say, I won't push anything in particular. COMMISSIONER HENNING: Okay. And I don't want to -- you know, it's a cooperative effort, I hope. COMMISSIONER NANCE: Absolutely. COMMISSIONER HENNING: And I was thinking about, you know, we have vacancies within the airport. CHAIRWOMAN HILLER: We do. COMMISSIONER HENNING: And, you know, I can see possibly, potentially, the CRA helping us fill that. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER HENNING: So -- but, again, talking to Brad, who I'm glad is, you know, leading up the CRA there -- COMMISSIONER NANCE: Absolutely. COMMISSIONER HENNING: -- and I want to talk to him, his board, or our board, and work out something. COMMISSIONER NANCE: I agree. I welcome your motion to continue the item, and I will second that unless there's -- Page 143 June 11, 2013 COMMISSIONER FIALA: I did. COMMISSIONER NANCE: Okay. Commissioner Fiala, okay. COMMISSIONER COYLE: Could I make an observation? CHAIRWOMAN HILLER: Yep. Commissioner Coyle. COMMISSIONER COYLE: Just an attempt to save you some time and, perhaps, eliminate any difficulties. I would suggest we ask the airport director to get a clarification from the FAA concerning their diversion of funds policy. It is very strict, and it could be sometimes complex, and if it appears to them that money is somehow being diverted from the airport operations into the coffers of Collier County, they can take issue with those things. And it depends on how you represent this proposal. If you have CRA staff doing certain things, and they're not paying any rent, you have to make sure that the value of their contribution equals the amount of rent that you're paying to make sure that there is no illegal diversion of funds. So it would be a smart thing to do, I believe, to try to get an advanced reading from FAA on that issue before we bring this up for a final vote. CHAIRWOMAN HILLER: I think that's a very fair question, Commissioner Coyle, and I think -- if I may. COMMISSIONER HENNING: Yeah, I'm sorry. CHAIRWOMAN HILLER: I think that that should be put in writing by the FAA with a law attached. We should try to request that it be placed in writing. And I'd like the county attorney to review it so there isn't any misrepresentation based on merely oral communications so we know exactly what we're relying on. I just would like to comment on your proposal, Commissioner Henning. I think it's excellent. I really applaud you for looking at cost-cutting measures as a means to get us where we need to go for looking at, you know, effective ways to collect revenues and to raise Page 144 June 11, 2013 revenues. And with respect to your recommendation to move the offices to the airport, the CRA would really benefit the airport and the Immokalee area jointly by working on leasing out and developing the non-aviation portion of the airport facility. So to have them located there actually directly benefits the community as a whole and the airport concurrently, so it's a really good idea, because there's a tremendous revenue potential in those undeveloped commercial pieces that are non-aviation, and we need the CRA involved in that phase of development. So I think your recommendation to put them there -- and, concurrently, as a byproduct, to save the rent revenue, since we do have vacant space -- does make a whole lot of sense. So I certainly support it. COMMISSIONER FIALA: At the same time, we have to make sure that they meet the CRA criteria to receive TIF. For instance, it's supposed to be eliminating blight, slum, crime. I don't think they have that on the airport. It's also supposed to be a beautification process to enhance area -- to enhance the area, also to give incentives to businesses to not only remodel but to change their facade to upgrade their business and so forth. You can only do so much on an airport, but you really need to get into the downtown area where it makes a difference and where you can see that it can uplift that community and then draw in more businesses. CHAIRWOMAN HILLER: County Attorney, can you verify whether or not the CRA can assist in the development of the non-aviation portion of the airport? MR. KLATZKOW: Yes. CHAIRWOMAN HILLER: Thank you. With that -- Page 145 June 11, 2013 MR. OCHS: Call the question, Madam Chairman. CHAIRWOMAN HILLER: I'm sorry. Thanks. MR. OCHS: You're welcome. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #9A ORDINANCE 2013-45: RECOMMENDATION TO CONSIDER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 03-51, AS AMENDED, WENTWORTH ESTATES MIXED PLANNED UNIT DEVELOPMENT (MPUD), BY INCREASING PERMISSIBLE NUMBER OF DWELLING UNITS FROM 1,200 TO 1,450; BY AMENDING ORDINANCE 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 5.3± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE WENTWORTH ESTATES MPUD; BY REVISING THE DEVELOPMENT STANDARDS TO MAKE CHANGES INCLUDING AN ELIMINATION OF THE MEDIUM HEIGHT DENSITY RESIDENTIAL USE WHICH ALLOWED 90.0 Page 146 June 11, 2013 FEET IN ZONED BUILDING HEIGHTS AND AN INCREASE IN BUILDING HEIGHT FOR MEDIUM DENSITY RESIDENTIAL FROM 45 FEET ZONED HEIGHT TO 50 FEET ZONED HEIGHT; DEFINING ZONED HEIGHT AND ACTUAL HEIGHT; PROVIDING FOR DELETION OF EXHIBITS INCLUDING EXHIBIT "A" LOCATION MAP, EXHIBIT "B" BOUNDARY SKETCH AND LEGAL DESCRIPTION, EXHIBIT "C" EXISTING CONDITIONS MAP, EXHIBIT "D" TOPOGRAPHIC MAP, EXHIBIT "E" AREA WIDE COMMUNITY SERVICES MAP, EXHIBIT "F" AERIAL PHOTOGRAPH, EXHIBIT "G" PRELIMINARY DRAINAGE PLANS AND DETAILS, EXHIBIT "H" PRELIMINARY SEWER PLANS, EXHIBIT "I" PRELIMINARY WATER PLANS, AND EXHIBIT "K" BALD EAGLE MANAGEMENT PLAN; BY AMENDING THE MASTER PLAN; AND ADDING EXHIBIT "A" DEVELOPMENT STANDARDS, EXHIBIT "B" MPUD MASTER PLAN, EXHIBIT "C" DEVIATIONS, AND EXHIBIT "D" WATER MANAGEMENT BASINS, AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST (US 41) APPROXIMATELY 1-1/4 MILES SOUTHEAST OF THE INTERSECTION OF TAMIAMI TRAIL EAST (US 41) AND RATTLESNAKE HAMMOCK ROAD (CR 864) IN SECTIONS 29, 30, 31, 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1563.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE — ADOPTED MR. OCHS: Madam, that would take you to Item 9A, your advertised public hearings. This item requires that ex parte disclosure be provided by commission members, and all participants are required Page 147 June 11, 2013 to be sworn in. This is a recommendation to consider an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 03-51, as amended, the Wentworth Estates mixed planned unit development by increasing the permissible number of dwelling units from 1,200 to 1,450; by amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.3 plus-or-minus acres of land zoned rural agricultural to the Wentworth Estates, MPUD; by revising the development standards to make changes including an elimination of the medium height density residential use which allowed 90 feet in zoned building heights and an increase in building height for medium density residential from 45 feet zoned height to 50 feet zoned height; defining zoned height and actual height; providing for deletion of exhibits, including Exhibit A, location map; Exhibit B, boundary sketch and legal description; Exhibit C, existing conditions map; Exhibit D, topographic map; Exhibit E, area-wide community services map; Exhibit F, aerial photography; Exhibit G, preliminary drainage plans and details; Exhibit H, preliminary sewer plans; Exhibit I, preliminary water plans; and Exhibit K, Bald Eagle Management Plan; by amending the master plan; and adding Exhibit A, development standards; Exhibit B, MPUD master plan; Exhibit C, deviations; and Exhibit D, master plan basins, and revising developer commitments. The property is located on the southwest side of Tamiami Trail East approximately one-and-a-quarter miles southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road in Sections 29, 30, 31, 32, Township 50 South, Range 26 east, and Section 5, Township 51 south, Range 26 east, Collier County, Florida, consisting of 1,563.84 plus-or-minus acres, and providing an effective date. Page 148 June 11, 2013 CHAIRWOMAN HILLER: Thank you. Could we have all the individuals who are going to speak sworn in, please. (The speakers were duly sworn and indicated in the affirmative.) CHAIRWOMAN HILLER: Ex parte communication, Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I did a site visit with the applicant and the applicant's agents. I received email -- emails and staff report. CHAIRWOMAN HILLER: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. I reviewed the staff report and had meetings with the applicant. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I read the staff report. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had a number of site visits. I also took a whole tour group out, and we had an extensive tour of the property which, by the way, everybody was impressed with, if I might add. I've talked with staff members, I've talked with the petitioner, I've talked to the agents for the petitioner, I've talked to residents in the area, and I even had a couple meetings in my office with some of the residents, and I read everything -- all of the backup material that we've received as well. CHAIRWOMAN HILLER: And I read the backup material, and I spoke to Mr. Anderson and to the chair of the Planning Commission. With that -- COMMISSIONER FIALA: Oh, I spoke to the Planning Commission, too. Thank you for saying that. CHAIRWOMAN HILLER: With that, if we can proceed with the hearing. Go ahead, Mr. Anderson. Page 149 June 11, 2013 MR. ANDERSON: Thank you, Madam Chairman. My name is Bruce Anderson from the Roetzel & Andress law firm. I'd like to introduce my clients today, Darin McMurray, the division president of Lennar Homes; Russell Smith, the senior vice president; and from the Stantec planning and engineering firm, we have Margaret Perry, David Wilkison, and Jeff Perry. This is a PUD amendment for Wentworth Estates. It has been developed under the name Treviso Bay. This amendment was originally filed requesting an increase in density from 1,200 to 1,600 dwelling units, and as a result of meetings with the residents of Treviso, the density request has been reduced by 250 dwelling units. The total would now be 1,450 dwelling units. COMMISSIONER FIALA: I think that's 150, right? COMMISSIONER COYLE: Reduction. Reduction is 150, not 250. MR. ANDERSON: Okay, yeah. COMMISSIONER FIALA: Fourteen five and 150 makes 16. MR. ANDERSON: That's why I'm not a tax lawyer. COMMISSIONER FIALA: Good answer. MR. ANDERSON: That's on -- 1,450 dwelling units on a little over 1,500 acres. That's less than one dwelling unit per acre. The Comprehensive Plan allows three. This is a comparable density to Sabal Bay, which has a density of .85 units per acre. This PUD amendment also incorporates a, approximately, five-acre parcel that was owned by Florida Power & Light that sits inside the PUD boundary. Lennar has worked very closely with their residents and met with them often individually and in groups. I have here displayed a colored map of the PUD master plan, and it contains a lot of details about the most intensive land uses that can occur on the partially developed east side of the property. Page 150 June 11, 2013 This map here is attached to and made a part of the PUD ordinance, so they will have to live with those details. They've also agreed to buffers between existing single-family tracks that are next to the FP&L power lines and also limited to height of buildings to two stories where they abut single-family on the other side. We also agreed at the Planning Commission to include a bike lane and sidewalk as part of the new arterial road on the west side of the property lines. At the request of some of the residents, this is more of a customer service item. Six additional speed limit signs have been installed along the main thoroughfare. And also, again, as a customer service item, there was concern about pedestrian entry into Treviso by nonresidents to fish. And so they are beefing up the fencing around there to try to prevent that. They also completed the installation of the traffic signal at U.S. 41 and Southwest Boulevard making for a safe place for people to cross the road down there. The other big change that this makes is it gets rid of the potential to have 12 90-foot-tall condominium buildings there. Those are completely removed from the PUD, and much lower building heights are imposed. We believe these height changes, together with the specific development restrictions, makes for a more internally compatible project. The Planning Commission agreed and unanimously recommended approval, and we respectfully request that you follow their recommendations. CHAIRWOMAN HILLER: Thank you. Any questions from the board? MR. ANDERSON: Thank you. Page 151 June 11, 2013 CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, thank you so much for putting the speed signs in. I know that that was a concern, and I'm really happy to see that you followed up on that. Also, they were -- the fishing area where people could come in from other areas, that was great that you -- you're closing that off. And I know that the residents will all appreciate that. These are some things that we talked about in our meetings. Another thing that we talked about was bike paths and sidewalks. And I understand that they're all going to be put in the new section. You can't put it in the old. They've got what they -- they have what they have. And so -- but that will go in the new section, and I just wanted to put that on the record. Another thing that was mentioned, when I was reading through in the backup here, you had a neighborhood information meeting. And one of the last questions at the neighborhood information meeting was they had understood that there would be a representative on the CDD from the residents. And then the answer that they received was that's -- that we're following the PUD or something like that. So when I talked to Bruce yesterday, Bruce said, yes, it isn't in the PUD that they have to, but it is in the CDD agreement, and they do have a resident that will be sitting on that. I don't know if you have one. MR. ANDERSON: He is, a Mr. Newcomb. He on the CDD board now. Yes, ma'am. COMMISSIONER FIALA: Okay, great. We just wanted to make sure all of those things are in place. Now, one of the big things that the residents wanted was a better balance with single-family and multifamily. And I think that at the time you were asking for the 250 additional units; at that time condominiums were very, very popular. We are finding now that Page 152 June 11, 2013 we're going back to single-family is king, and so we want to allow you, if you ever want to do less and put in single-families, they would really love to have a better balance between single-family and condominium. And I'm putting that on the record because you just might find that that is to your benefit to do that, especially with what's going in next door to you. So I'm suggesting that nobody would have a problem with you putting some single-families in instead. MR. ANDERSON: They have retained that flexibility. COMMISSIONER FIALA: Yes. But we're hoping that you keep the single-families separate from the multifamily. And, also, the last thing that I wanted to talk to you about was the buffer zone along the west side of the FP&L corridor there. MR. ANDERSON: Yes, ma'am. COMMISSIONER FIALA: You have in the plans for Type A, and I realize that that's -- you know, it's 100 feet wide, the FP&L. But I would think for the multi -- or single-families looking over at the multi-families on the other side, a heavier -- a heavier vegetation would be nice, like a Type C, so at least we have some larger things and thicker. MR. ANDERSON: Yes. If I could, I'd like to show you a picture of -- a Type A is all that has ever been required in this area from the original PUD, but when Lennar came in, they installed -- I guess you would characterize that as a very enhanced Type A buffer. COMMISSIONER FIALA: How old is that? MR. McMURRAY: This morning. COMMISSIONER FIALA: No, but I mean, when was that planted to become this heavy? MR. McMURRAY: Beginning of the year. COMMISSIONER FIALA: Pardon me? Page 153 June 11, 2013 MR. McMURRAY: Beginning of the year. COMMISSIONER FIALA: Beginning of the year. And this is a Type A at the beginning of the year, or is this a Type C? MR. SMITH: By the way, Russell Smith for Lennar, sorry. The permitted development plans required a Type A. The point Bruce is making is that -- and that's a tree every 30 feet, I believe. COMMISSIONER FIALA: Right. MR. SMITH: But we took it upon ourselves to enhance that with the hedge and everything just because it looked better, just because it was a better product. So -- and that was done earlier this year. I took that photograph this morning. COMMISSIONER FIALA: Is that what you're doing along the FP&L easement? MR. SMITH: This is along the FP&L easement, this photograph. It is -- COMMISSIONER FIALA: Is that all along the whole FP&L easement? MR. SMITH: Not the entire tire FP&L easement. It's -- this particular photograph was in this area behind homes on Piacere. There's a similar buffer -- not exactly the same plantings, but there's a similar buffer behind -- that was put in by the previous developer along the homes on Italia, which is the southern part of it, and that required a Type A as well, I believe, along that area. Once again, it's a little bit more enhanced than that. And then there's the 110-foot FP&L easement, and we've committed to put at least a Type A on the other side as well, so there would be buffers on both sides. COMMISSIONER FIALA: But attaching this so that it would all correspond and you wouldn't -- and it would all look uniform? MR. SMITH: Well, you know, once again, Darin, what do you want to do? I mean, the -- we're required to have a Type A. We Page 154 June 11, 2013 installed this, is kind of what I'm getting at. MR. McMURRAY: And I'm Darin McMurray. You know, no different than this buffer, we were required to put in a Type A. We're going to look at the lay of the land and do what's required, you know, not only to provide a quality product for our homeowners, but also a quality product for the community. And, you know, I don't really understand what's to the west, because it's a lot of trees. Hopefully we can use a lot of that natural vegetation. Hopefully we can bring in some berming. But I can commit to you we're going to do better than a Type A. COMMISSIONER FIALA: Just so that you can commit to me that the rest of it will look just like this so that it's kind of a uniform planting, and I don't think that's too much to ask. I know that you want a quality look to your project anyway. So I just wanted to put it on the record. MR. McMURRAY: Be more than happy, if the county didn't like what we put there, to enhance it better. And the reason I say that, you know, we've been here since the '60s. We love Collier County. We love building here in your backyard, and we're not going to upset our customers. And just like this buffer here, we enhanced it for unit protection, we enhanced it for our homeowners, and I think that's what we've done there. And as far as a B or a C, it really depends on the lay of the land. COMMISSIONER FIALA: No, I didn't even say B or C in this case. MR. McMURRAY: With the berming and everything else, because it is a large area. COMMISSIONER FIALA: You're just going to continue on with what it is right now so that it all is uniform, right? MR. McMURRAY: I can't promise you that I'll put that same Page 155 June 11, 2013 buffer in. I can promise you that it will look better or just as good. COMMISSIONER FIALA: Okay. If you promise me it looks as good or better, okay, just so -- you know, I've seen some buffers, and I would be embarrassed to call them a buffer. And, you know, they promise us one thing, and they come up with -- MR. McMURRAY: Truly understand. COMMISSIONER FIALA: -- stinkin' tiny little plants. And I just wanted to make sure that these people have the benefit of good plantings and what they expect in their beautiful community. MR. McMURRAY: See this is a -- this buffer is just a straight line. And because we have a little bit of land mass over there, I envision to do some mounding a lot of beautification over there. COMMISSIONER FIALA: Great, great. That's what I needed to know; the same or better. Okay. That's what I wanted to put on the record. MR. McMURRAY: Thank you. COMMISSIONER FIALA: And so -- let's see. Right now I think -- I have more questions, but wait till I get to them. I'll be done for the time being. I've got a lot of people on their computers up north that are watching us today. They've sent me emails to let me know that they're -- they will be watching us on TV. CHAIRWOMAN HILLER: Commissioner Fiala, why don't you continue with your questions. We have no public speakers, and none of the other commissioners have their lights on. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: So it's -- COMMISSIONER FIALA: Another thing, I just wanted to make sure that as you build the next section -- and it's already in your PUD, and I'm sure you're going to do this -- you're going to be putting the 5-foot sidewalks in along with the 4-foot-wide bike lanes. One of the problems they were having, as you well know, is the biking in the Page 156 June 11, 2013 community. And it's become kind of dangerous for them because of the speeding cars. Thank you for putting in the speed signs. That will help a lot, I'm sure. I just -- just clarify that just so that everybody knows. Let's see. Now -- and I mentioned before, but let me go into it a little bit further. We're hoping that you can put the single-family in with single-family and not have, you know, multifamily almost right next door to single-family. MR. ANDERSON: We've been very specific on here, you know, to address those kinds of concerns. COMMISSIONER FIALA: And I just wanted to put that on the record again, Bruce, just -- I could see what you have here, and I see that the multifamily starts on the other side of the FP&L easement, and you have the single-family on one side, but I just wanted that on the record anyway. You won't be interspersing them. MR. ANDERSON: No. COMMISSIONER FIALA: Okay. Let's see now. I already asked you that. I'm sorry I'm taking -- let's see. Oh, what are the size -- what are the floor -- square footage of the multifamily? MR. ANDERSON: We are maintaining the same square footage as is in the existing PUD. The minimum square footage is 750. COMMISSIONER FIALA: Will it be going up from there anyway? MR. ANDERSON: It will depend on the market. COMMISSIONER FIALA: So that's the minimum, and who knows, you might even go to 1,200 or something? MR. ANDERSON: Oh, sure, sure. That's a possibility. Lennar is very attentive to the market. COMMISSIONER FIALA: And they also have some criteria in place for rentals, don't they, so that -- you know, they don't rent by the week or the month or something, right? Page 157 June 11, 2013 MR. ANDERSON: Let me read that so I am completely accurate. They are restricted to rentals no more than four times per year, and this is the same restriction that is currently in existence or was in existence by the prior developer. They are limited to no more than four times per year and a 30-day minimum rental period. And one of the ways that they enforce that through the master association is any time a guest comes in for a, you know, 30-day rental or more, they have to pay a transfer fee in order to be able to use the recreational facilities, so that's how they police that internal rental restriction. That's in the homeowner association documents. COMMISSIONER FIALA: Okay. And they will be aware that if they're renting them for less than six months, they also have to pay a TDC rate, right? MR. ANDERSON: I'm sure they will. COMMISSIONER FIALA: I'm just throwing that in. MR. ANDERSON: Yeah. They have constructive notice under the law. CHAIRWOMAN HILLER: Oh, boy. COMMISSIONER FIALA: With amenities, one -- a couple of the residents were concerned that with all of the extra housing going in that the amenities would be stretched to their limit. But from what I understand you're expanding some of them; is that true? MR. ANDERSON: Yes. Let me show you one of the crown jewels of this development called the Players Club. That is what it will look like, and here it is under construction. COMMISSIONER FIALA: Is that Dave that designed that? MR. McMURRAY: Yes, ma'am. MR. ANDERSON: Architect Dave Humphrey, yes, ma'am. COMMISSIONER FIALA: Oh, gosh. That's looking good already. When do you expect it to be completed, by the way? Page 158 June 11, 2013 MR. ANDERSON: They anticipate and hope the fourth quarter of this year for the end of the year. COMMISSIONER FIALA: Okay. I believe that I've asked you all the questions I need to. Thank you, Commissioner Hiller. CHAIRWOMAN HILLER: Anytime. Any further discussion from the board? COMMISSIONER NANCE: I make a motion to approve. CHAIRWOMAN HILLER: I'll second it. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER FIALA: I heard him back there. CHAIRWOMAN HILLER: Where is Commissioner Coyle? COMMISSIONER NANCE: He's out of sight but still voting. CHAIRWOMAN HILLER: Motion carries 5-0. MR. ANDERSON: Thank you very much. CHAIRWOMAN HILLER: Thank you. MR. SMITH: Thank you very much. MR. McMURRAY: Thank you. CHAIRWOMAN HILLER: The next item on the agenda is 10A. Item #10A RESOLUTION 2013-125: APPOINTMENT OF MEMBER TO THE PUBLIC TRANSIT AD HOC ADVISORY COMMITTEE - APPOINTING RICHARD DUGGAN (DISTRICT SCHOOL Page 159 June 11, 2013 BOARD'S RECOMMENDATION) FOR A TERM EXPIRING 1- YEAR FROM THE COMMITTEE'S INITIAL MEETING DATE — ADOPTED MR. OCHS: Yes, ma'am. It's appointment of a member to the Public Transit Advisory Ad Hoc Committee from -- the school district recommends appointment of Richard Duggan. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10B RESOLUTION 2013-126: APPOINTMENT OF TWO COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD (VAB) - APPOINTING COMMISSIONER HENNING AND COMMISSIONER NANCE WITH REMAINING COMMISSIONERS TO SERVE AS ALTERNATES — ADOPTED CHAIRWOMAN HILLER: The next is 10B, which is appointment of two commissioners to serve on the Value Adjustment Board. Leo, I believe we spoke about this. MR. OCHS: Yes, ma'am. And I spoke with Ms. Bartlett about it, and maybe she could advise the board on what she needs out of this Page 160 June 11, 2013 particular committee and the recommendations. MS. BARTLETT: You guys are catching me off guard. Kristi Bartlett, for the record. This is something that's done every single year -- we did it last June -- just appoint two commissioners to serve on the VAB, and the remaining three will be alternates. There's a meeting in July. It will be about 15, 20 minutes. They can do with just one commissioner attending. But that's coordinated through Trish Morgan in the Clerk of Court's office. COMMISSIONER NANCE: Do you know the date, ma'am? MS. BARTLETT: I believe it's July -- it's maybe the third week of July, but I'm not sure of the exact date. CHAIRWOMAN HILLER: It's hard to believe that a year has already passed. It's been so much fun serving with Commissioner Coyle. MS. BARTLETT: I'm sure it has been. CHAIRWOMAN HILLER: The meetings were so -- COMMISSIONER NANCE: Are there going to be additional meetings in August, October, and March? MS. BARTLETT: Yes. COMMISSIONER NANCE: So there's one July, August, October -- MS. BARTLETT: The one in July. The one in August, I think, is the one that's actually in July. And there's one in October and one in March. And each of the meetings are very short. CHAIRWOMAN HILLER: They are. COMMISSIONER FIALA: I can do the October and March, but I can't do the July. COMMISSIONER NANCE: That's the way I am. COMMISSIONER COYLE: Nor can I. COMMISSIONER HENNING: I can do the July as long as it's Page 161 June 11, 2013 not mini season. COMMISSIONER COYLE: It's not that I can't. I will not do the July. CHAIRWOMAN HILLER: As long as it's what? COMMISSIONER COYLE: Nor will I do it in August. CHAIRWOMAN HILLER: What is the date in July, Kristi? MS. BARTLETT: I'm not sure. I'd have to ask Trish Morgan. CHAIRWOMAN HILLER: We need to find that out. COMMISSIONER HENNING: Why don't we continue it until we find out? CHAIRWOMAN HILLER: I think it needs to be continued. And we need to find out if the date that they're proposing has to be specific to that date statutorily, or if they have flexibility. Because since our last meeting is July 9th, if they can accommodate it so that it's, like, the day before or the day after. MS. BARTLETT: Trish Morgan said that probably wasn't going to be possible because you have to coordinate with the school board and various other things that have to go out to the residents. So I don't think -- CHAIRWOMAN HILLER: Well, we need to find out. That notice hasn't been sent to any of us. So given -- I mean, if they have to coordinate with the school board, I mean, they also have to coordinate with us. So there's no difference. We're all in the same boat. So if they can accommodate it so, you know, we're there as well. COMMISSIONER FIALA: The Value Adjust Board -- I mean, the property appraiser. CHAIRWOMAN HILLER: There's no difference. I mean, the accommodation is across the board. So let's continue the item, as Commissioner Henning recommends. So I make a motion to continue this -- Page 162 June 11, 2013 COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: -- to the next meeting. And if you could research it, Kristi, and bring back the information, talk to them. MS. BARTLETT: It's July 29th. CHAIRWOMAN HILLER: It's July 29th. MR. MILLER: Trish said they could reschedule -- excuse me. Trish said that they could reschedule early into August, but it would have to be fairly close. CHAIRWOMAN HILLER: No. We're looking early into July. MR. MILLER: I understand. The meeting is scheduled July 29th, as it is. And she said they could delay that or reschedule the July 29th meeting. MS. BARTLETT: But it can't be earlier. CHAIRWOMAN HILLER: Did she say it couldn't be earlier? MR. MILLER: She did not inquire (sic). CHAIRWOMAN HILLER: Okay. So that's what we need to determine. Commissioner Henning, would you look into that? COMMISSIONER HENNING: Well, no. I can do July 29th. CHAIRWOMAN HILLER: Okay. COMMISSIONER NANCE: I cannot do July 29th, but I'd be more than happy to attend the October, March meetings after that. CHAIRWOMAN HILLER: All right. Then I make a motion to recommend that Commissioner Henning be the new chair of the Value Adjustment Board with Commissioner Nance being the vice chair for the next year. COMMISSIONER FIALA: Second. MR. KLATZKOW: No. You're not appointing chairs to the Value Adjustment Board. COMMISSIONER NANCE: Member. MR. KLATZKOW: Members. CHAIRWOMAN HILLER: Oh, just members. I thought it was Page 163 June 11, 2013 chair and vice chair, because last time we appointed the positions as chair and vice chair. MR. KLATZKOW: The Value Adjustment Board appoints its own members. CHAIRWOMAN HILLER: We -- COMMISSIONER COYLE: We elected you. CHAIRWOMAN HILLER: Did you? COMMISSIONER COYLE: Yes. CHAIRWOMAN HILLER: Was it? Okay. COMMISSIONER NANCE: As long as it's understood that I can't be there on July 29th, I will second it. CHAIRWOMAN HILLER: So in that case, we will just -- then I'll restate my motion to appoint Commissioner Henning and Commissioner Nance to the Value Adjustment Board for the next year. COMMISSIONER FIALA: And I would adjust my second to say that. CHAIRWOMAN HILLER: Thank you. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. KLATZKOW: With the remaining commissioners as alternates, correct? CHAIRWOMAN HILLER: Yeah. If needed. All in favor? Page 164 June 11, 2013 COMMISSIONER HENNING: It's not mini season. CHAIRWOMAN HILLER: All in favor? (No response.) CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER HENNING: I got my Hawaiian sling sharpened. Item #10C RESOLUTION 2013-127: APPOINTMENT OF MEMBER TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - APPOINTING LOCAL RESIDENT ESTIL NULL (TERM EXPIRING APRIL 4, 2014) — ADOPTED CHAIRWOMAN HILLER: The next is Item IOC, which is appointment of member to the Immokalee Enterprise Zone Development Agency. Mr. Sheffield, could you read the name of the -- COMMISSIONER NANCE: I make a motion to appoint Mr. Estil Null. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. Page 165 June 11, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10D RECONSIDERATION BY COMMISSIONER HENNING OF ITEM #14B1 FROM THE MAY 28, 2013 BCC MEETING TITLED: RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING IN ITS CAPACITY AS COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE RELOCATION OF THE IMMOKALEE CRA OFFICE, AUTHORIZE GIVING NOTICE TO THE CRA'S CURRENT LANDLORD OF ITS INTENT NOT TO RENEW THE EXISTING LEASE AGREEMENT, APPROVE ENTERING INTO A LEASE AGREEMENT FOR OFFICE SPACE WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., AND AUTHORIZE THE CRA CHAIR TO SIGN THE LEASE AGREEMENT WITH AN ANNUAL CRA RENT EXPENDITURE NOT-TO-EXCEED $21,766.32. (750 S. FIFTH STREET, IMMOKALEE) - MOTION TO APPROVE RECONSIDERATION AND BRING BACK AT NEXT BCC MEETING — APPROVED MR. OCHS: The next item on the agenda is 10D, which is a request for reconsideration by Commissioner Henning of Item 14B 1 from the May 28, 2013, BCC meeting titled "Recommendation that the Board of County Commissioners, acting in its capacity as the Community Redevelopment Agency, approve the relocation of the Immokalee CRA office, authorize giving notice to the CRA's current landlord of its intent not to renew the existing lease agreement, approve entering into a lease agreement for office space with Southwest Florida Workforce Development Board, and authorize the Page 166 June 11, 2013 CRA chair to sign the attached lease agreement with an annual CRA rent expenditure not to exceed $21,766.32," and that address is 750 South Fifth Street, Immokalee. I'd like to make a motion to approve the reconsideration and suggest that this be brought back at the same meeting, Commissioner Henning, where you're bringing back Item 14-5 (sic), I believe it was. COMMISSIONER HENNING: Madam Chair, I think we can dispose of this at our next meeting -- CHAIRWOMAN HILLER: Correct. COMMISSIONER HENNING: -- quite frankly. CHAIRWOMAN HILLER: Well, is that when you're bringing -- COMMISSIONER HENNING: No, I'm not bringing that back. It can be reconsidered. I want to be respectful of the commissioner of the district and his comments. CHAIRWOMAN HILLER: Sure. COMMISSIONER HENNING: And I want to be respectful of the interim CRA director and the advisory board. So I'm going to reach out to the advisory board and see if I can get some consensus. CHAIRWOMAN HILLER: Okay. So then we will bring it back at the next board meeting as an agenda, if the motion for -- COMMISSIONER HENNING: That's per -- yes, that's per our ordinance also, that -- CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: -- reconsiderations must be put on the following agenda. So I support -- I second your motion. CHAIRWOMAN HILLER: Thank you. There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. Page 167 June 11, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10E THE BOARD OF COUNTY COMMISSIONERS TO PARTICIPATE IN FIRE CONSOLIDATION NEGOTIATIONS WITH EAST NAPLES AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICTS TO DEVELOP APPROPRIATE AND EFFECTIVE LINES OF COMMUNICATION AND COOPERATION WITH EMS AND DETERMINE THE LEVEL OF EMS INVOLVEMENT AFTER CONSOLIDATION AND BOARD DESIGNATE A BCC REPRESENTATIVE TO PARTICIPATE ON ITS BEHALF WITH THE COUNTY MANAGER AND APPROPRIATE STAFF AND TO DIRECT THE COUNTY MANAGER TO NEGOTIATE WITH EAST NAPLES AND GOLDEN GATE FIRE DISTRICTS TO RELEASE FIRE PLAN REVIEW AND INSPECTION RESPONSIBILITIES TO THE GROWTH MANAGEMENT DIVISION - MOTION FOR COMMISSIONER HENNING TO BE REPRESENTATIVE — APPROVED; MOTION FOR COUNTY MANAGER TO WORK WITH STAFF AND ALL FIRE DISTRICTS TO DEVELOP INTERLOCAL AGREEMENTS — APPROVED MR. OCHS: Item 10E is a recommendation for the Board of County Commissioners to participate in fire consolidation negotiations with East Naples and Golden Gate Fire Control and Rescue Districts to develop appropriate and effective lines of communication in cooperation with EMS and to determine the level of EMS involvement after consolidation and for the board to designate a BCC representative to participate on its behalf with the county manager and Page 168 June 11, 2013 appropriate staff and to direct the county manager to negotiate with East Naples and Golden Gate Fire Districts to release fire-plan review and inspection responsibilities to the growth management division. This item was brought forward by Commissioner Henning. CHAIRWOMAN HILLER: Commissioner Henning, before you begin, can I ask if you would not mind bifurcating 10E into two items so that they can be voted on separately, because they're really two separate issues. One is, the -- you know, a representative to participate in the fire consolidation negotiations, and the second being a BCC representative and county manager to negotiate the release of fire-plan review and inspection responsibilities to growth management. COMMISSIONER HENNING: Yes, that's not a problem. Let me start out with the first one. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: That's East Naples and Golden Gate Fire and Rescue. The -- I've been in numerous communications with fire commissioners from North Naples, East Naples, and Golden Gate, and I believe that East Naples and Golden Gate is doing a very noble job of trying to consolidate and provide a great service to the constituents. And I would like for the Board of Commissioners, by participating, to give it some recognition, because that's going to be on the 2014 ballot. This has really -- I don't want to get anybody confused. I don't want you to think that the county is negotiating for that consolidated district to take over EMS, okay. The fire service, they provide the same and similar services the county does under EMS. The leadership in East Naples and Golden Gate, on this particular issue, through the leadership of the chief, is doing a great job. Furthermore, North Naples is participating in discussions, and the Page 169 June 11, 2013 two other boards have agreed to allow them to participate. I think that's -- at the end of the day, by us getting involved, again, it's going to give it some credibility, and I think maybe we can come up with some response times and -- for medical calls and so on and so forth. And I know that Golden Gate wants to, in the future, enhance their service that they provide. CHAIRWOMAN HILLER: Well, I've got two lights on; Commissioner Nance and Commissioner Fiala would like to speak, and we have public speakers. But I would like to recommend for the board's participation that we have a representative for that as well, and I personally would like to recommend you. Because of having been a fire commissioner, you understand how these districts operate. So I'd like to make a motion that we do participate through a representative, that being you, but obviously you bring everything back to us so, you know, we can, you know, participate in the decision-making process to the extent we have any involvement, which I'm not sure how much direct involvement we can have because it's outside of our jurisdiction. But to be -- to have a seat at the table does make a lot of sense. So I make a motion to recommend that you be the person. COMMISSIONER FIALA: I'll second it. CHAIRWOMAN HILLER: Okay. Do we have speakers on that portion, just on that portion of the discussion? MR. MILLER: I'm not sure. You have one registered speaker. That's Orly Stolts. CHAIRWOMAN HILLER: Orly, would you like to speak now on this issue? And then you can speak on the second half as well. MR. STOLTS: Thank you, Commissioners. For the record, Orly Stolts, fire chief of North Naples Fire District. One of the things I wanted to do is just bring you up to speed on where we are today. Page 170 June 11, 2013 Approximately six weeks ago, maybe two weeks ago, I believe it was Commissioner Henning that made the motion to approach -- send a letter to the North Naples Fire Commission for us to see if we couldn't get into the consolidation talks with East Naples and Golden Gate. That letter did come to us from the chair. We talked it -- discussed it at a fire commission meeting, and they voted unanimously to move forward with that particular letter to the two fire districts that were talking about consolidation. Just recently -- and I'm not sure whether you've had an opportunity to see the letter -- we -- CHAIRWOMAN HILLER: I forwarded it. It is on the agenda today as Item 10F. And so, in effect, we're dealing with 10E and 10F jointly. But I did forward the letter that you sent to the county with respect to that, and it is in the agenda packet. MR. STOLTS: And I believe it was either Friday or Monday I forwarded you the -- yes, I forwarded all of you the response letter from both districts back to our letter of our willingness to not interfere with what they've got going on now but the ability to sit at the table for the consolidation discussions. The letters that we received back -- hopefully you've had an opportunity to see those. But in one particular case Golden Gate said that they felt that that would be something that they could entertain with us having a liaison, I believe was the term that they used, sitting in on the discussion. The other letter from the East Naples Fire District basically said, thanks, but no thanks. So I'm not sure -- Commissioner Henning, you had stated that they both said that they'd be willing. That's not the case, according to the letters that we have received, unless you got a different letter from them stating something different than that. So -- COMMISSIONER HENNING: It was just oral correspondence. Page 171 June 11, 2013 MR. STOLTS: Okay. Well, I have forwarded you the written correspondence from both districts letters. CHAIRWOMAN HILLER: We have Kingman here. Would you mind? We'll stop your clock, but can we just get some clarification? MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Chief? MR. OCHS: Forgive me. But it seems like we're mixing the next item with -- CHAIRWOMAN HILLER: We are. MR. OCHS: -- this item. CHAIRWOMAN HILLER: But it's okay, because what I'm going to do is dispose of that item by saying it's done. MR. OCHS: Thank you. CHAIRWOMAN HILLER: So no worries there. MR. PAGE: Commissioner, for the record, Jeff Page. I'm the chairman, and I sent the letter, so I'd probably be better to speak to it. CHAIRWOMAN HILLER: Sorry. Thank you very much for saying that. MR. PAGE: We didn't really say thanks, but no thanks. We've had North Naples' participation from the very beginning. What we did say is that we did not want to jeopardize what we're moving forward through. So, Orly, I'm really surprised that you would say that. Commissioner Burke's been involved from the very beginning. MR. STOLTS: Well -- COMMISSIONER HENNING: Well, there we go. We heard it from the chairman that we want you to participate, and it was a misunderstanding. Thank you very much. MR. PAGE: You're welcome to attend. They have been attended. Commissioner McMahon has met with that group. But what we did say is they were not interested in the tri-merger Page 172 June 11, 2013 at this point. There's some legal issues that require us to put a plan together. That plan's done. And so to try and bring them in right now, we think it would not meet the deadline, and my board voted not to pursue the tri-district. It's not to say we don't want to merge. We do. CHAIRWOMAN HILLER: My understanding is, if I may, that the issue, from what I've heard, is that there's a concern that if three districts try to merge and if one district objects to the merger as proposed, that it basically causes the referendum to fail, and then we have to wait another two years. So I think -- my understanding is is that the intent is to go incrementally and not, under any circumstances, to transfer EMS prior to a full consolidation. You know, I know that North had been interested in that. My understanding, from hearing from the board over the course of the past few years, is that the board is only interested in transferring to a fully consolidated fire district that's countywide as opposed to transferring it to East or transferring it to North. Like, one district is not going to be chosen over another for an EMS transfer, is my understanding. Is that yours? MR. PAGE: That's exactly correct. The attorney said not to do three. CHAIRWOMAN HILLER: But not only not to do three, but also not to transfer EMS to either East Naples or to North Naples outside of the county or to bifurcate EMS with respect to any particular jurisdiction, by jurisdiction. MR. PAGE: We're not asking for EMS, Commissioner. CHAIRWOMAN HILLER: Right. No, and I'm just clarifying that for the record, because that was an issue that I heard discussed, and I want to make sure that that's clear that that isn't what the intent is. But here's the bottom line. I mean, the point is, you're at the start Page 173 June 11, 2013 of negotiations, at the start of discussions, so who knows where this will lead. But you've stated your opening position. You understand it. They want you at the table; Commissioner Henning is right. So, you know, with Commissioner Henning as the liaison for the board, you should go talk and run the numbers. And the most important thing is, you know, to improve the level of service and save costs concurrently. And if you can do both those things, that's out of this world. If you can maintain level of service and cut costs substantially, then it makes sense again. But what you don't want to see is merely a shifting of costs and no improvement in service, because then you haven't achieved anything. MR. STOLTS: And I just want to clarify. Perhaps I used the wrong term in "thanks, but no thanks," but our question in our letter to them is, did you want a representative from North Naples being involved in. Now, it's one thing to come to the meetings and sit there and listen, but I think our opinion was to be involved and have a representative in the consolidation talks representing the North Naples Fire District. MR. PAGE: Commissioner McGowan has been there when Commissioner Gary and Commissioner Hemping have had those meetings. Commissioner Burke, Commissioner Garrity, and I have met numerous weeks before we'd even started, so -- MR. STOLTS: I understand that, but I don't think that was the intent of our commission's position. It was more of an official role sitting on that. So, anyway, we have the letter from both departments on our upcoming commission meeting this Thursday. I'm sure the board will discuss that and clarify what they think it says. CHAIRWOMAN HILLER: Commissioner Page, could you clarify your district's position and eliminate the ambiguity that seems Page 174 June 11, 2013 to be coming out of the first letter that was written so that they know that they have a speaking position at the table? MR. PAGE: Well, I actually told Commissioner McGowan in a meeting that I had with him and Chuck McMahon that we want them there. We do want them to observe the process. They clearly seem to understand. I thought -- CHAIRWOMAN HILLER: Well, I don't think they want to observe. I think they want to participate. MR. PAGE: Well, again, they can participate in the discussion of the two districts that we're currently merging, but we're not interested in doing a tri-county merger at this time; just the two, Golden Gate, East Naples at this point. CHAIRWOMAN HILLER: Okay. MR. STOLTS: And I think that clarifies my position. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I have the utmost confidence in the group working on this project. MR. PAGE: Thank you. COMMISSIONER NANCE: I think you have a wonderful group of professionals. I would be delighted to support Commissioner Henning to be the board's representative to do it. I think he's got the ability to be a great consensus builder. I really hope that we don't continue this discussion today, because I don't think this forum -- I think all of you have things that you can work out together. I don't really think you need to be doing it here today. I really entrust you-all to get together. Chief, you're here. You know, you've got great fire chiefs that have been elected with tremendous skills. You have great fire chiefs; you have great boards. I look forward to it, and I certainly support Commissioner Henning in his role. Page 175 June 11, 2013 CHAIRWOMAN HILLER: Commissioner Fiala. COMMISSIONER FIALA: Yes, as I do; that's why I seconded it. CHAIRWOMAN HILLER: Great. COMMISSIONER FIALA: I feel he'll do a good job. I also was impressed that you had reached out to Commissioner Henning, that everybody had. But I'm a little bit sad because I'm your representative in East Naples, and you never reached out to me. I didn't even know this was going on. So it's kind of a shock to me that I'm learning that you've reached out to others but not to me, your own person, and yet North Naples, I have to say, they come in what, every month, come and see me, just bring me up to date about what's going on. Kingman will come in if I call him but, otherwise, I don't know what's going on. CHAIRWOMAN HILLER: Let me make a recommendation on that, because I think it's really important that the fire districts communicate with the commissioners in each of their districts without fail. I think all the commissioners for each district should get a full briefing from their fire district chief and chair jointly, both the board and staff, not just staff, but the board and staff, and sit down with the commissioners of that district and say, okay, this is your district, this is what we're doing with fire, this is our position in consolidation so what happened to Commissioner Fiala doesn't happen again. COMMISSIONER FIALA: Thank you. CHAIRWOMAN HILLER: And there is no sense that there's anything going on, you know -- COMMISSIONER FIALA: I did have a call from the union. They said, do you have any questions? Well, I didn't know there were any questions to ask. I didn't realize something was going on. So I said, no, no, everything's fine. Page 176 June 11, 2013 CHAIRWOMAN HILLER: So if we could modify the motion. I mean -- and this is really hard to put into a motion, because this is really us requesting the chiefs and the chairs to communicate with us, and -- MR. PAGE: Commissioner, can I please respond to that? CHAIRWOMAN HILLER: Sure. MR. PAGE: I did not reach out to Commissioner Henning. He contacted me. COMMISSIONER HENNING: Correct. MR. PAGE: Now, I am on your agenda -- or I'm on your schedule for Monday the 24th, and that's the soonest I could meet with you. But I was coming to see you. I'm not trying to keep you in the dark. COMMISSIONER FIALA: Thank you. MR. PAGE: And I know that Kingman met with you, and I thought he had a pretty regular schedule with you. But I certainly wanted to go over it with you. I didn't want you to be blindsided. COMMISSIONER FIALA: Well, thank you. I appreciate that, yeah. I would just like to know about things before I go into a meeting. MR. PAGE: Very rapidly did this -- it just happened, so -- COMMISSIONER FIALA: Thank you. MR. STOLTS: And, Madam Chair, I'll be more than happen to meet with the three county commissioners that represent the North Naples Fire Control and Rescue District. CHAIRWOMAN HILLER: Please. I think it's important, and please ask your chair if they would do the same. And with Commissioner Coyle, I'm hoping, you know, the city will reach out to him. I know their relationship is close. And Commissioner Nance, you know -- MR. STOLTS: Commissioner Coyle also represents -- Page 177 June 11, 2013 COMMISSIONER NANCE: Yes, I just wanted to say one more thing before we leave this discussion. Simply because the other independent fire districts that are not involved in this greater discussion -- I mean, you're to the point now where you're having a discussion, you're mentioning three, but we also have Big Corkscrew Island, and we also have Immokalee. So without pushing anything forward, I just wanted to say one thing that, ultimately, my concern is our goal is to have a unified first-response effort. And the easternmost part of the county and the greater part of my district is the part that's the most difficult simply because of distance and the vast area that it covers. So having response times out there and getting the service that needs to be provided to the people there is the most challenging; likewise, because of the tremendous difference in demographics out there, the financing of service in those areas is, likewise, the most challenging. So I just wanted to let everybody know that that's going to be on my mind, and I hope in the larger scope -- not to jump over anything, but in the larger scope, that people give serious consideration as to how, when we reach our ultimate goal, we're going to try to deal with those greatest challenges, which is the size of our county and the distance we have to traverse. So thank you very much. I fully support what you're working on. COMMISSIONER FIALA: And we can include Ochopee in that. COMMISSIONER NANCE: Absolutely. CHAIRWOMAN HILLER: Right, exactly. And nothing would be worse than to see, for example, a merger between, you know, North Naples, East Naples, and Golden Gate, and your districts left out in the cold. COMMISSIONER NANCE: It would be Chapter 11 and Page 178 June 11, 2013 disaster, you know. CHAIRWOMAN HILLER: It would be absolutely terrible. So just, as these discussions begin, please keep that in mind and, you know, consider incorporating the other fire districts appropriately so, you know, the service isn't compromised at the end of the day. Thank you. So with that, we have a motion and a second on the table to appoint Commissioner Henning as the representative to negotiate -- or to work with the negotiating fire districts which include Golden Gate Estates, East Naples, and North Naples. Does that include the annexation discussion as well, Commissioner Henning? COMMISSIONER HENNING: No, we already directed staff to CHAIRWOMAN HILLER: To work on that. COMMISSIONER HENNING: -- work on that. CHAIRWOMAN HILLER: So staff is working on that annexation discussion independently, and that won't be part of this merger discussion? MR. OCHS: Correct. COMMISSIONER HENNING: Correct. CHAIRWOMAN HILLER: Thank you. So we have a motion and a second. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. The next part of 10E, Commissioner Henning, involves the Page 179 June 11, 2013 potential transfer of fire-plan review and inspection responsibilities to growth management by East Naples and the Golden Gate Fire Districts. COMMISSIONER HENNING: Yeah. I'd like to hear from Chief Schuldt on that -- Orly Stolts. And by the way, have you met Kingman Schuldt? CHAIRWOMAN HILLER: I have. COMMISSIONER HENNING: Isn't he great? CHAIRWOMAN HILLER: He is. I had the pleasure of meeting him a number of times in my office, and it was a pleasure working with him. In fact, he came to me on many different subjects, but the one that really got us involved was the discussion of the annexation. So yeah, absolutely. COMMISSIONER FIALA: Annexation? CHAIRWOMAN HILLER: The annexation of Fiddler's Creek into East Naples, the one that Leo is working on with the advisory board and with their staffs. Yes, sir? MR. STOLTS: Okay. Commissioners, for the second half of 10E -- again, Fire Chief Orly Stolts, not to be confused with Kingman Schuldt from the East Naples Fire District. The second part of it -- of this particular line item was talking about plan review. We just want to make sure that the North Naples Fire District is taken into consideration if there's going to be coming to the table, if you will, talking about plans review. For the last 10, 15 years in this county the North Naples Fire Control and District (sic) has experienced over 50 percent of the total plans review and -- plans reviews and inspections that were done in all of Collier County, so we have a vested interest in this. We are, if you will, the majority of the county -- the construction has been going on in our county (sic). So if we're going to sit down at Page 180 June 11, 2013 the table and discuss this or negotiate this in any way, we would ask that you would keep North Naples Fire District in mind to be able to sit in on those discussions. And then somewhere along here, we've left out the -- a portion of EMS involvement after consolidation. That's something that is very near and dear to our heart. You know that we are -- there's only two ALS providers in Collier County. Collier County EMS is the ALS transport provider, and we are the ALS nontransport provider. As a matter of fact, as North Naples Fire District ALS provider, we are the largest ALS nontransport provider in the State of Florida. So we feel also that we have a place at the table if you want to talk about the future of EMS here in Collier County. I thank you very much for your time. CHAIRWOMAN HILLER: Commissioner Fiala, would you like to comment? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: Could you stay up there. COMMISSIONER FIALA: Yes, both of them. First of all, I like everything you've said. The second thing is, with the ALS, I'm hoping that that ALS privilege is expanded to others as well. It's kind of hard for you to shoulder all of them yourself, but you do a great job. I feel that some of the others would probably like to participate in that, and I hope it's moving forward. But my third thing is, I would love to check, but I haven't been able to now, as to how things have gone for you with your -- with your inspection reviews for businesses there. I must say that our -- the stuff in East Naples has been rather cumbersome, and if there's a way to show that yours has been a smoother process, well, I would like to know that, because if we can do better for the businesses -- we're trying to encourage businesses to grow; we're trying to attract them to this area. And if you have a better process and can -- and it can be an Page 181 June 11, 2013 advantage to new businesses wanting to come our way, then I'm all for it, but I would just need to know that that's the case. Thank you. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I will tell you in my opinion, after talking to constituents, my limited service on your behalf, I believe that consolidation of fire-plan review and inspection and permitting in Collier County is probably, second only to first response consolidation, an important thing for our community. I will tell you, I don't think it's any secret, if you talk to the business community, having it remain the way it is is not efficient. It's a nightmare. It's resulted in literally millions of dollars of duplicate -- duplication of effort, and time delays in getting businesses open, of buildings built, improvements made. So I fully -- I fully endorse a consideration. I'm very, very happy that it's bifurcated. I think it's a separate but very important issue, and I look forward to everybody working together on getting these two things under one roof and working smoothly in a coordinated fashion for everybody's benefit. COMMISSIONER FIALA: I meant to say Growth Management Division handling that. I'm so sorry. I'm giving it all to North Naples. I didn't really mean that. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: County Attorney? Can I just ask a quick question, County Attorney? COMMISSIONER HENNING: Sure, I'd just like to talk on my item when you get a chance. CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER HENNING: The reason I brought this forward, North Naples Fire Department, the fire commissioners directed staff to look at bringing their permitting reviews in-house. Page 182 June 11, 2013 That's my understanding that's still going forward. CHAIRWOMAN HILLER: Oh, I don't know. COMMISSIONER HENNING: Now, to -- I would -- I would like to have something in writing with the North Naples Fire Department if that has changed, because I just talked to commissioners from North Naples as of Friday; that hasn't changed. CHAIRWOMAN HILLER: Which commissioners? COMMISSIONER HENNING: Commissioner McGowan, Commissioner Burke, Commissioner Feder. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: So -- and I think that's important. If that happens, that leaves the other fire districts not with anybody to do the review. COMMISSIONER FIALA: But you had a great idea to put them under growth management. I think that should definitely happen. COMMISSIONER HENNING: Well, we can't do that. All we can do is, you know, talk, negotiate, and hopefully there's cooperation. The direction would be, to the county managers, to have his staff communicate with the independent fire districts to offer fire-plan review and inspections. And that's -- now, there's a lot of issues with that. They're fire inspectors, some of them are firefighters. They make a different salary than our inspectors. So that's something that is going to have to be discussed with staff at, you know, both levels. CHAIRWOMAN HILLER: If I may. County Attorney, can we legally bring fire inspection and review in-house in light of the fact that the liability rests with the fire chiefs, or at least that's my understanding is that, ultimately -- MR. KLATZKOW: Well, you can. For an interlocal agreement with the fire districts, you know, set up an in-house review of it. CHAIRWOMAN HILLER: But can they -- can they -- Page 183 June 11, 2013 MR. KLATZKOW: Which is what I think Commissioner Henning was getting at. CHAIRWOMAN HILLER: Can the chiefs -- and, again, this is a legal question, I think, more for the chiefs to answer, but I think we need to answer it as well. Do they have the ability to delegate that authority to someone outside of them to do that review? MR. KLATZKOW: Again, I believe by interlocal agreement we can work this out if this is what everybody wants to do. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: Yeah. COMMISSIONER HENNING: It does need oversight of the fire district. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: And I'm fully aware of that, and so is our staff, and I think it could happen. CHAIRWOMAN HILLER: Okay. I mean, I -- I think it's definitely worthy of exploration, and it's certainly a very good question to bring up. So I'd like to make a motion to direct the county manager to have staff work with the various fire districts, both the commissioners and staff, to see if it would be possible to establish interlocal agreements to allow for consolidation of fire-plan review and inspection responsibilities to be under growth -- under the growth management division, and maybe the county attorney would like to participate in assisting staff to make sure that, you know, we're looking at everything from a correct legal perspective. COMMISSIONER NANCE: If that's any and all districts, I will certainly second that. CHAIRWOMAN HILLER: It is all districts. COMMISSIONER NANCE: I second it. Page 184 June 11, 2013 CHAIRWOMAN HILLER: There -- Commissioner Henning, any discussion on that? COMMISSIONER HENNING: No, ma'am. CHAIRWOMAN HILLER: Thank you for bringing that forward. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10F DISCUSSION OF CORRESPONDENCE BETWEEN NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT REGARDING POTENTIAL MERGER OPPORTUNITIES - DISCUSSED DURING ITEM #10E AND NO ACTION NEEDED MR. OCHS: Madam Chair, that takes us to the add-on item, 10F. You were going to dispose of that, perhaps. CHAIRWOMAN HILLER: Yes. It has been disposed of. The letter that is in 10F was addressed in 10E and was discussed in 10E both by North Naples and by the board, so I think that the matter is settled. No action required. Item #13A1 — (Consent Agenda Item #16E4) RECONSIDERATION OF ITEM #16E4 ON YOUR AGENDA Page 185 June 11, 2013 PREVIOUSLY APPROVED IN THE CONSENT AGENDA FOR DISCUSSION — APPROVED; MOTION TO CONTINUE ITEM TO THE JUNE 25, 2013 — APPROVED MR. OCHS: Madam Chair and Commissioners, before I move on to Item 11 under county manager's report, as you can see the clerk has joined us and has just advised me of an issue we have with our external auditing contract. He can fill you in on a few of the details. But in brief discussion with the clerk, after you hear from him, I will be asking the board for a reconsideration of Item 16E4 on your agenda. There was an item approved as part of your routine ratification of staff-approved change orders that related to a previous board-approved and directed change order for the external auditor. The clerk would like, and I would agree with him, to have that item brought back up for reconsideration, if possible, by a vote of the board after you hear from the clerk. CHAIRWOMAN HILLER: Okay. Go ahead. COMMISSIONER HENNING: Madam Chair, I'm going to make a motion to reconsider 16E4 for discussion. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Go ahead. MR. BROCK: Commissioners, the external auditing contract with Ernst & Young expires June 30th of this month. Today we were advised that they would not be able to renew the contract which Page 186 June 11, 2013 presently exists under the terms and conditions of the renewal provision which is at the CPI, consumer price index, increase. As I suspect most of you are aware, there is an entire statutory scheme that one must go through for hiring an external contract which involves all the constitutional officers becoming a committee and making a recommendation to the board. We have found this out at the last minute. In two weeks they're supposed to be here for interim. We have been, shall I say politely, blind-sided. We have no idea what's going on. They -- the contract currently is somewhere around mid 600,000. They're telling us that they won't be able to do it for less than mid 8- to 900,000. We just found this out this morning. My concern at this point is the item on the agenda, which was nothing more than a change order on the current contract; I don't know when that ends. While we agree that's a good thing and works toward trying to solve some of our problems in the county, it creates all sorts of problems, and we simply would ask that item be reconsidered and continued to the 25th for us to try to address the issues with E&Y as to what is going on and how can we resolve it and bring it back to the committee. If, in fact, under the terms of the existing contract what they're asking for is not provided for in its current contract, then we've got to go back through the entire advertisement process, the committee meeting process, and the recommendation process. And we didn't find this out until today. I might add that my staff tells me that they have been involved in meeting with E&Y's staff in conferences and all sorts of other stuff. No one said anything until we're sitting here at the last minute pushing them to try to get the information necessary to bring the extension provisions to the board. CHAIRWOMAN HILLER: Okay. MR. BROCK: You have already approved that process. Page 187 June 11, 2013 CHAIRWOMAN HILLER: I will go ahead and make a motion that we deny the proposed amendment to the contract and continue the agenda item to the next board meeting. MR. BROCK: I would not ask you to deny. CHAIRWOMAN HILLER: Okay. MR. BROCK: I would simply ask you to continue that provision and have it heard on the 25th at the same time. CHAIRWOMAN HILLER: The only problem is is that we approved it, so we have to basically deny it and bring it back. MR. BROCK: I'll defer to your counsel. COMMISSIONER COYLE: We reconsider it. CHAIRWOMAN HILLER: No. We are reconsidering it now. We just had a motion for reconsideration so we could discuss the item. We have to reverse our vote because right now we have a vote of approval that stands. MR. KLATZKOW: No, you've -- well -- CHAIRWOMAN HILLER: We voted on consent to approve it. MR. KLATZKOW: Right. Now you've brought it back, you're reconsidering it, and now rather than approve it, you're saying we're going to bring it back at the next meeting. CHAIRWOMAN HILLER: But we have to reverse our vote. MR. KLATZKOW: You may not have to. CHAIRWOMAN HILLER: You voted in favor of it. COMMISSIONER NANCE: We just reconsidered it. MR. KLATZKOW: You're just reconsidering, and now you're continuing it. COMMISSIONER NANCE: Now we're back to zero. MR. KLATZKOW: You're back at zero. You're good. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: Madam Chair, I make a motion that we continue this to the June 25th -- Page 188 June 11, 2013 CHAIRWOMAN HILLER: Thank you. MR. OCHS: Madam Chair? I'm sorry, Commissioner. COMMISSIONER HENNING: -- and that is Packet Page 1588, and that is the change order for Ernst & Young, LLP. MR. OCHS: Thank you, sir. COMMISSIONER FIALA: I seconded it. CHAIRWOMAN HILLER: Thank you. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Madam Chair? MR. BROCK: Thank you very much. MR. OCHS: Again, just as a point of clarification, this work order was unrelated to the external audit. CHAIRWOMAN HILLER: Right, right. MR. OCHS: But we certainly don't want to reward bad behavior CHAIRWOMAN HILLER: Right. MR. OCHS: -- with additional contract work until we can try to get this item worked out. CHAIRWOMAN HILLER: And jacking up the price 30 percent is bad behavior. MR. OCHS: For sure. CHAIRWOMAN HILLER: It's totally socially unacceptable. MR. BROCK: Thank you. Thanks, Leo. CHAIRWOMAN HILLER: No, I understand. Page 189 June 11, 2013 Item #11A CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY-2013/2014 IN THE AMOUNT OF $16,798,593 AND AUTHORIZE THE CHAIRWOMAN TO SIGN GRANT AGREEMENTS FOLLOWING COUNTY ATTORNEY'S APPROVAL, AND MAKE A FINDING THAT THESE EXPENDITURES WILL PROMOTE TOURISM - MOTION TO APPROVE W/AMENDMENT REGARDING CLAM BAY AND CLAM PASS AND THE PROJECTS PROMOTE TOURISM — APPROVED MR. OCHS: Madam Chair, now that brings us to Item 11 on your agenda, county manager's report, 11A is a recommendation to approve Category A Tourist Development Council grant applications from the City of Naples, the City of Marco Island, and Collier County for FY2013/2014 in the amount of $16,798,533 -- excuse me -- $593 and authorize the chairwoman to sign grant agreements following county attorney's approval, and make a finding that these expenditures will promote tourism. And Mr. Bill Lorenz, your national resources director, will present. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: Wait one second. Mr. Lorenz, there was only one question that I had that I transmitted through the county attorney, and that is, I'd like the breakdown since, obviously, we're approving grant agreements for specific amounts. Page 190 June 11, 2013 I'd like the breakdown of the amounts for the beach renourishment as between Marco, Naples -- one second -- no, no, between Marco, Naples, and unincorporated Collier County, that breakdown. MR. LORENZ: Marco, Naples? CHAIRWOMAN HILLER: Yeah, the city of -- how much the City of Marco beaches is getting, how much the City of Naples is getting, and how much unincorporated Collier is getting of the beach renourishment monies. MR. LORENZ: Well, of course, this project just deals with the Collier County beaches, not Marco Island. MR. OCHS: Yes, ma'am. We don't renourish Marco Island beaches. CHAIRWOMAN HILLER: I'm sorry. Not Marco. I meant the Collier -- MR. OCHS: You're talking about the three segments along the coast. CHAIRWOMAN HILLER: Yeah. Sorry, you're right. I'm thinking -- you know what I mean. MR. OCHS: Yes, sir. The Vanderbilt, Parkshore, and City of Naples sections. CHAIRWOMAN HILLER: Right, yep, got it. Thank you. That's what I meant. My mistake, my bad. MR. LORENZ: Okay. Well, I just -- I did take a look -- Nick had indicated to break that down a little bit. And, of course, this is just very -- CHAIRWOMAN HILLER: Right, I understand. MR. LORENZ: -- very rough and proportional. CHAIRWOMAN HILLER: Right, right. MR. LORENZ: But if we look simply at the total volume of sand that was placed and use that as -- to create a proportionate share Page 191 June 11, 2013 CHAIRWOMAN HILLER: Right. MR. LORENZ: -- and including that into the cost of mobilization as well, the $15 million -- CHAIRWOMAN HILLER: And you're basically doing a proportionate allocation of the mobilization cost also based on the volume. MR. LORENZ: That's correct. CHAIRWOMAN HILLER: That makes sense. MR. LORENZ: Vanderbilt would be 2.4 million, Parkshore would be 5.3 million, and Naples would be 7.3 million. So if we just take, again, the proportionate of those total volumes to the total sand volume. Now, that does not include the Pelican Bay portion, since they would be -- CHAIRWOMAN HILLER: Right, which is small, right, which they're paying their own -- MR. LORENZ: Well, they would be also paying their own as well. CHAIRWOMAN HILLER: Right. And then the only other question. A constituent had raised concerns -- and I don't believe there's a concern speaking to the county manager, but I just want to clarify. There was, I believe -- I think the discussion was either in the pass monitoring and in the turtle monitoring components. Clam Bay -- Clam Bay is not going to be monitored or any way worked on by Coastal Zone Management because that's under the Pelican Bay Services Division. So the issue there is, you know, there should be an allocation of TDC funds with respect to past monitoring and, you know, any turtle monitoring with respect to Clam Bay to the PBSD. MR. OCHS: Yeah. Bill? We're working -- Mr. Isackson and Mr. Dorrill and I are working Page 192 June 11, 2013 out that funding arrangement right now as part of the representation for your FY2014 budget reviews, which you'll have on the 20th and 21st here, so -- and we'll make any adjustments that are required to move the appropriate costs for work related to Clam Pass into the Pelican Bay Services Division. CHAIRWOMAN HILLER: So, just to clarify, the grant as we're approving it right now, the allocation to Coastal Zone Management is incorrect and has to be modified for an allocation of funding over to PBSD for the services they're providing? MR. OCHS: No. The amount is correct. How we allocate it between funds is what I'm talking about. CHAIRWOMAN HILLER: Right. MR. OCHS: And make sure that we make a transfer out of this fund into the Pelican Bay Services Division fund in an amount that's appropriate to cover that staff cost for that monitoring of the Clam Pass. CHAIRWOMAN HILLER: And to clarify what's incorrectly stated in the backup, Coastal Zone Management does not have any jurisdiction over any of the Clam Bay/Clam Pass monitoring or turtle monitoring with respect to that, because that's clearly exclusively in the jurisdiction of the Pelican Bay Services Division, as was ruled on by the board. MR. OCHS: Commissioner, the only possible exception is your turtle monitoring program is run by -- CHAIRWOMAN HILLER: The county. MR. OCHS: -- your parks and recreation through Ms. Krause and that staff. I think they have served the entire coastline, including CHAIRWOMAN HILLER: Okay. MR. OCHS: -- Clam Pass area and -- CHAIRWOMAN HILLER: That's fine. If we carve out the Page 193 June 11, 2013 turtle monitoring, I don't have a problem with that, but then just the oversight of the -- you know, the pass monitoring, dredging -- MR. OCHS: Right, we'll work that -- CHAIRWOMAN HILLER: -- you know, any sort of maintenance. So as it's currently proposed, it's incorrect. So my motion would be to approve this subject to the allocation of funding for Clam Bay and Clam Pass management, et cetera, being shifted from Coastal Zone Management to PBSD. And what meeting would that be done in? MR. OCHS: Ma'am, we'll be able to point that out to you in your budget review on the 20th of this month. CHAIRWOMAN HILLER: Okay. MR. OCHS: And we'll point it out where those funds are moved into the appropriate -- CHAIRWOMAN HILLER: And we need a budget. Will we need a grant amendment, or how will that work? Because we're allocating -- I know it's actually coming to the county. MR. OCHS: That's why you don't need an amendment. CHAIRWOMAN HILLER: So it's an internal transfer? MR. OCHS: Yes, ma'am. It's just one division to another. COMMISSIONER FIALA: So my motion to approve is okay as-is then? CHAIRWOMAN HILLER: Well, with the amendment. MR. OCHS: With the amendment that was just stated by the chairwoman. COMMISSIONER FIALA: Okay. So I'll adjust my motion. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Okay. Thank you. And do we have a second? COMMISSIONER HENNING: No. There -- there is a second. Didn't you second it? Page 194 June 11, 2013 CHAIRWOMAN HILLER: I don't remember. COMMISSIONER HENNING: I think you did. MR. MILLER: Commissioner Coyle. COMMISSIONER HENNING: Commissioner Coyle. I have a question, though. CHAIRWOMAN HILLER: Yes, go ahead. COMMISSIONER HENNING: Does that motion include that it promotes tourism? CHAIRWOMAN HILLER: Not yet. COMMISSIONER FIALA: No, I didn't say that. Is that what I need to say there? CHAIRWOMAN HILLER: Yes, yes, you do. COMMISSIONER FIALA: And please add that. Thank you. COMMISSIONER HENNING: May I expound on that? COMMISSIONER FIALA: Sure. COMMISSIONER HENNING: And I don't mean to be difficult. I just find it hard to understand sea turtle monitoring, some of these other things, how that promotes tourism. CHAIRWOMAN HILLER: Would you like to specifically address which items you feel don't promote tourism and allow staff to respond to that? COMMISSIONER HENNING: Well, what I think we -- that's going to be hard to do. What I think that the direction needs to be to the county manager and his staff is to develop criteria of what promotes tourism. And it sure would help me out in the future, because I want to support what staff brings, but I also want to do it the legal way. CHAIRWOMAN HILLER: I think your recommendation is a good one. Could the county attorney, working with the county manager, develop criteria for what defines a promotion of tourism and bring that back at, say, the meeting in July, July 9th? Page 195 June 11, 2013 COMMISSIONER HENNING: Oh, I don't care when it comes back. I mean, we're not going to be doing any of this anytime in the near future, are we? CHAIRWOMAN HILLER: Well, the only reason I like to set the deadline is so we don't forget and it gets lost down the road, just so we have closure on the issue. Because it's something that keeps coming up year after year. COMMISSIONER HENNING: Yeah, I keep on doing that. CHAIRWOMAN HILLER: We forgive you. COMMISSIONER HENNING: I think the Tourist Development Council needs to weigh in on it also. CHAIRWOMAN HILLER: Of course. COMMISSIONER NANCE: I think they do. I think they need to be driving the decision. CHAIRWOMAN HILLER: So would -- is July 9th too soon? I mean, the TDC, I believe, has a meeting between now and then. MR. OCHS: Let me check when the TDC meets again. CHAIRWOMAN HILLER: Otherwise, the first meeting in September. MR. OCHS: Yes. CHAIRWOMAN HILLER: As long as it doesn't interfere with budget, or maybe you can make some recommendation at the next meeting for some bring-back date on that. MR. OCHS: Okay. That would be great. COMMISSIONER FIALA: May I ask a question? When it says with regard to tourism, I've always considered anything that we do to enhance our beaches to promote tourism just because I think the visitors come here for our beaches. Now, say, for instance, we find beach tilling doesn't enhance tourism, then where do we get the dollars to do that? Do we take that out of General Fund, then, if we don't have tourism to do that, and Page 196 June 11, 2013 then who dukes it out to decide how much of it goes -- promotes tourism and how much of it comes out of the taxpayer dollars? I think we have to think about that, too. Because if it doesn't come from one pot, it's going to have to come from another. COMMISSIONER HENNING: Well, I totally agree with that. And the turtle monitoring may have something to do with the permits MR. OCHS: Yes, it is. COMMISSIONER HENNING: -- which are necessary to renourish the beach which, if we didn't have a beach, we wouldn't be promoting it through Jack Wert; all those type of things. But I just -- if we just have some kind of a policy through a resolution, I think it would be more efficient. CHAIRWOMAN HILLER: And there are certainly things we have to do by direction of the state. Like, you know, renourishing our beaches is one of the things we must do. And it is considered one of our most significant assets to promote tourism as recognized by the state. So, you know, that's a driver as well. But there are -- you know, there are other ways to get this done as well. COMMISSIONER FIALA: Call the question? CHAIRWOMAN HILLER: Yep. All in favor? MR. MILLER: Madam Chair, I do have one registered public speaker for this item. Bob Krasowski. MR. KRASOWSKI: Good afternoon, Commissioners. For the record, Bob Krasowski. I have two questions that represent a little operative thinking. First, after reviewing all of the stuff -- let me just say that, Commissioner Henning, you're totally right, without turtle monitoring, it is a requirement of the permits, up and down the line, state, federal, all of that stuff. And that's the only way you can get to do certain Page 197 June 11, 2013 things. But my question would be, why don't we take the $200,000 in this budget item for the pier out of parks and recs' $8 million that's sitting there? I understand there's 8 million bucks in parks and rec. The pier, the refurbishment or the maintenance of the pier, well, maybe that takes out of tax money where you want to use tourist development money. So I don't know, you know. CHAIRWOMAN HILLER: Is there 8 million in parks and rec? I think that's different. I think that's beach-park facilities, and I think the pier is a beach-park facility. MR. OCHS: Madam Chair, you're correct, that reserve in your beach-park facilities category. And your ordinance spells out specific categories that Naples Pier is a separate category -- CHAIRWOMAN HILLER: Right. MR. OCHS: -- so that's a separate funding allocation per your ordinance. So you can't just change it on the fly. CHAIRWOMAN HILLER: Yep. Now -- but let me ask this question about the pier. I thought to be funded -- I thought the pier had to be a non-fishing pier to be funded out of TDC funds out of that category. MR. OCHS: It's been funded out of Category D per your ordinance -- CHAIRWOMAN HILLER: I know, forever. MR. OCHS: -- since the beginning of the ordinance. CHAIRWOMAN HILLER: I totally know that, but I thought it had to be a non-fishing pier in order to be funded. Can we look at the statute and make sure of that, because for some reason I thought -- it had -- I could be mistaken, but in -- MR. KLATZKOW: We will look into that, ma'am. CHAIRWOMAN HILLER: The recesses of my mind somehow draw that up. But it is -- it is appropriately funded as a -- you know, Page 198 June 11, 2013 as -- it could be provided that fishing issue. MR. KLATZKOW: Fishing piers are okay. CHAIRWOMAN HILLER: Fishing is. Okay, good. So we're good on that, awesome. MR. KRASOWSKI: Okay. So -- and your preference -- I would assume it would be your preference to work it the way you want. If you want it to come out of TDC monies, it's visitor money and stuff. CHAIRWOMAN HILLER: I mean, that is a huge tourist attraction. I can't think that there's anything -- MR. KRASOWSKI: And it's a park facility. CHAIRWOMAN HILLER: Absolutely. I can't think of something -- a project more justified of TDC funding. MR. KRASOWSKI: Excellent, okay. And the other item I have, which has been kind of bothering me a little bit, is identification, specifically, of the beach renourishment costing $15 million, when I thought we should have given it a range. You don't know what your bids are going to do. But also there's the aspect of plus or minus 15 percent sand. CHAIRWOMAN HILLER: Can I built on that? And please stop his time. I don't want him to lose time. But I think the point you're making is a really good one. So the grant should be up to 15 million, not 15 million, because if the bids come in lower, that money should be returned back to reserves, you know, to protect against some future event. MR. KRASOWSKI: Exactly. CHAIRWOMAN HILLER: So very good point. MR. KRASOWSKI: Yes. And -- CHAIRWOMAN HILLER: So the grant agreement should be rewritten to state "up to." MR. KRASOWSKI: And the bid document maybe amended as well -- or what's that word? It's not amended. It's something else, but Page 199 June 11, 2013 CHAIRWOMAN HILLER: Whatever it is. MR. KRASOWSKI: Yeah. COMMISSIONER FIALA: Modified. MR. KRASOWSKI: And then, you know, with the 15 plus or minus, if you had a target of 15 million and then it became plus 15 percent, you'd be looking for another two million, seven hundred and -- 2 million -- two-and-a-quarter million dollars, okay. So you'd be going over your budget for a substantial amount. So if you -- if you were to reduce that target expenditure to $12,750,000, that allows you to go up to 15 million if there's excess sand needed. But, of course, you want to maintain whatever wiggle room you can and flexibility. That's the only two points. CHAIRWOMAN HILLER: Okay. Thank you very much. MR. KRASOWSKI: Thank you. CHAIRWOMAN HILLER: We have a motion and a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. The next item is 11B, Leo, under the water and sewer bond. MR. OCHS: Yes, ma'am. I'm just looking at your, the court reporter to see how she's holding up. CHAIRWOMAN HILLER: Do you need a break? THE COURT REPORTER: (Nods head.) Okay. We're going to take a 10-minute break. Page 200 June 11, 2013 MR. OCHS: Thank you, Commissioners. So we'll be back at 3:47. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike and now a quorum, I see. CHAIRWOMAN HILLER: We have a quorum. MR. OCHS: Would you like to proceed? CHAIRWOMAN HILLER: Yes, absolutely. Item #11B RESOLUTION 2013-128/CWS RESOLUTION 2013-01: RECOMMENDATION TO 1) ADOPT A BOND RESOLUTION AUTHORIZING COLLIER COUNTY WATER-SEWER DISTRICT TO INCUR A FIXED INTEREST RATE, NON-BANK QUALIFIED TERM LOAN THROUGH ISSUANCE OF ITS WATER AND SEWER REFUNDING REVENUE BOND, SERIES 2013 IN AN AMOUNT NOT TO EXCEED $19,000,000 TO PROVIDE FOR THE REFUNDING OF OUTSTANDING WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B; 2) APPROVE PNC BANK, NATIONAL ASSOCIATION, AS THE QUALIFIED FINANCIAL INSTITUTION TO PROVIDE A FIXED INTEREST RATE BANK-QUALIFIED TAX EXEMPT TERM LOAN TO PROVIDE REFUNDING OF THE COLLIER COUNTY WATER-SEWER DISTRICT'S REFUNDING REVENUE BOND, SERIES 2003B AT A LOWER INTEREST RATE; AND 3) AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN THE RATE LOCK LETTER — ADOPTED MR. OCHS: The next item is Item 11B. It's a recommendation to, number one, adopt the bond resolution authorizing the Collier Page 201 June 11, 2013 County Water/Sewer District to incur a fixed interest rate non-bank-qualified term loan through the issuance of its water and sewer refunding revenue bond, Series 2013, in an amount not to exceed $19 million, to provide for the refunding of outstanding water and sewer refunding revenue bond, Series 2003B and, number two, to approve PNC Bank National Association as the qualified financial institution to provide a fixed interest rate bank-qualified tax exempt term loan to provide for the refunding of the Collier County Water/Sewer District's refunding revenue bond, Series 2003B, at a lower interest rate, and authorize the county manager or designee to sign the rate lock letter. Mr. Joe Bellone, Commissioners, is chomping at the bit to make a detailed, dazzling presentation, but I can -- COMMISSIONER FIALA: I'll tell you, this is a no-brainer, isn't it? MR. OCHS: Commissioners, I can tell you that Dr. Yilmaz and CHAIRWOMAN HILLER: I think Commissioner Fiala -- MR. OCHS: -- Mr. Bellone did a great job. COMMISSIONER FIALA: Yeah, and we saved $2.19 million. CHAIRWOMAN HILLER: And I just want you to know, Commissioner Fiala and I are in competition as to who's going to make the motion. Can we jointly make it? Has that ever been done before? COMMISSIONER FIALA: You can second my motion. CHAIRWOMAN HILLER: All right. Go ahead. COMMISSIONER FIALA: I make a motion to approve and save us $2.19 million. CHAIRWOMAN HILLER: I second it. All in favor? COMMISSIONER COYLE: Aye. Page 202 June 11, 2013 COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. MR. OCHS: That was a little anti-climactic, by the way. COMMISSIONER NANCE: I was just trying to put some interest into the agenda item. There was no spirit here. CHAIRWOMAN HILLER: Let me repeat again. Okay. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. BELLONE: Thank you, Commissioners. MR. OCHS: Thank you, Commissioners. Thanks, Joe. COMMISSIONER FIALA: I love things like that. Item #11C AWARDING INVITATION TO BID (ITB) #12-5974R, CONCRETE, ROAD, SIDEWALK CURB AND FLOOR INSTALLATION & REPAIR TO BQ CONCRETE, LLC AS PRIMARY VENDOR AND BONNESS, INC. AS SECONDARY VENDOR, AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE AGREEMENTS — APPROVED MR. OCHS: Item 11C is a recommendation to award Invitation to Bid 12-5974R for concrete road, sidewalks curb, and floor Page 203 June 11, 2013 installation and repairs to BQ Concrete, LLC, as the primary vendor, and Bonness, Incorporated, as the secondary vendor, and authorize the chairwoman to sign the attached agreement. CHAIRWOMAN HILLER: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. GOSSARD: Thank you. CHAIRWOMAN HILLER: The next is Item 11D. MR. OCHS: Thank you, Mr. Gossard. MR. GOSSARD: Thank you. Item #11D AWARDING BID #13-6065 "SOUTH COUNTY WATER RECLAMATION FACILITY GRIT SYSTEMS/EQ PUMPS MODIFICATIONS," TO D.N. HIGGINS IN THE AMOUNT OF $1,548,000 PROJECT NO. 70089, SOUTH COUNTY WATER RECLAMATION FACILITY COMPLIANCE ASSURANCE PROJECT — APPROVED MR. OCHS: The next item is 11D. It's a recommendation to award Bid No. 13-6065, South County Water Reclamation Facility grit systems/EQ pump modifications to D.N. Higgins in the amount of $1,548,000 for the South County Water Reclamation Facility Page 204 June 11, 2013 Compliance Assurance Project. CHAIRWOMAN HILLER: Motion to approve. COMMISSIONER NANCE: Second. COMMISSIONER FIALA: Wait a minute. We have to get some motions in here, too. You can't always make them. That's not fair. CHAIRWOMAN HILLER: I'm on a roll. Go ahead. It's your turn. COMMISSIONER FIALA: Well, I'll let Commissioner Nance do it; he seconded. And then I'll second his. CHAIRWOMAN HILLER: Commissioner Nance, you go ahead. COMMISSIONER NANCE: Motion to reconsider. COMMISSIONER FIALA: No, no. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Approve. COMMISSIONER NANCE: Motion to approve with enthusiasm. CHAIRWOMAN HILLER: Yes. COMMISSIONER COYLE: No, I seconded the motion to reconsider. COMMISSIONER FIALA: I'll second -- and I'll second it. I want to tell you, you guys have all given fine presentations. Thank you very much. MR. CHMELIK: Thank you, Commissioner. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. Page 205 June 11, 2013 COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #11E RESOLUTION 2013-129: RESOLUTION AUTHORIZING CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS KNOWN AS "CREWS ROAD, COPE LANE AND SANDY LANE/WING SOUTH INTERCONNECT" SEGMENT OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101 (ESTIMATED FISCAL IMPACT: $850,000) — ADOPTED CHAIRWOMAN HILLER: The next item is 11E. MR. OCHS: Yes, ma'am, and that is a recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the Crews Road, Cope Lane, and Sandy Lane/Wing South interconnect segment of the Lely Area Stormwater Improvement project. And Ms. Margaret Bishop, senior project manager, is going to break the string here and have to get a few things on the record, I'm afraid. CHAIRWOMAN HILLER: I was wondering if you would, go ahead. MS. BISHOP: Yes. I just need to get this on the record. The project includes swale reconstruction along parts of Cope Lane and Crews Road on the west side of Santa Barbara Boulevard and also swale and weir construction along Sandy Lane located on the east side of Santa Barbara Boulevard. Page 206 June 11, 2013 The project consists of three of the remaining six LASIP segments for easement acquisition. And you can see on the monitor here this is Segment 21, 22, 26. Sixteen easements will be acquired in the locations depicted if the board approves the staff recommendation to condemnation. Staffs analysis is provided in the backup documents, and ask that the board approve staff and the consultant's analysis and to adopt the resolution authorizing the condemnation of perpetual and temporary easements associated with the project. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Was this contemplated when Santa Barbara was under construction -- MS. BISHOP: Yes. COMMISSIONER HENNING: -- the Wing South? It would seem to me it would be more appropriate, the easements required and the necessary construction, to connect to that new canal going north/south. Yes. And that is going to connect to the north/south, which is on the other side of the road. MS. BISHOP: You're talking about right here for Cope Lane; right here? COMMISSIONER HENNING: Yes. MS. BISHOP: What we're going to do, instead of entering the project from this end, we're going to -- there's a guardrail right here. We're going to take this down, come in and do some swale reconstruction, and add a culvert, and that's all we're doing up here at Cope Lane. COMMISSIONER HENNING: Okay. Down Santa Barbara on the west side -- MS. BISHOP: Okay. COMMISSIONER HENNING: -- you have a canal that was constructed as part of the road construction. That was the LASIP Page 207 June 11, 2013 project. MS. BISHOP: Yes. That was the LASIP project. COMMISSIONER HENNING: Now we have the Wing South, which is on the east side in the blue. MS. BISHOP: Which is right here. COMMISSIONER HENNING: Correct. MS. BISHOP: Yes. COMMISSIONER HENNING: Are you going to go underneath Santa Barbara, the new Santa Barbara, and connect it? MS. BISHOP: No. COMMISSIONER HENNING: You're not. What are you doing on that side? MS. BISHOP: Okay. The project -- let me get my cursor here. This is Segment 25 right here. We're going to be doing swale construction along this segment here and also some -- we're going to install culverts. COMMISSIONER HENNING: And where's that water ultimately going? MS. BISHOP: This is going to go south into the -- COMMISSIONER HENNING: I see. MS. BISHOP: This is the Wing South portion, and also part of it will go down Santa Barbara. COMMISSIONER HENNING: And you have Sunset, Polly Avenue, Whitaker, all that to the south of that. MS. BISHOP: Yes. Here's Whitaker right here. That leads into Royal Wood south along County Barn. COMMISSIONER HENNING: Correct. Is it going to drain any of that -- those properties? MS. BISHOP: This is all complete here; Whitaker, all of this, to the south. All these segments have been completed. COMMISSIONER HENNING: Correct. But I'm talking about Page 208 June 11, 2013 over by Wing -- MS. BISHOP: Right here? COMMISSIONER HENNING: Yes, ma'am. MS. BISHOP: Okay. This is going to be constructed in 2014, and this Wing South interconnect right here is also going to be constructed at a later date, 2014/'15. COMMISSIONER HENNING: And is it going to resolve some of the issues on Sunset, Whitaker on that side, Polly Avenue, so on and so forth? MS. BISHOP: Yes, that's what this construction is for. The surrounding neighborhood? COMMISSIONER HENNING: Correct. MS. BISHOP: Yes, to the north and to the south. COMMISSIONER HENNING: Okay. Well, that's one of the problems that they have over there on why the roads can't go forward. Those -- they're not limerock roads. They're dirt roads. Part of the issue was stormwater improvements. MS. BISHOP: Right. COMMISSIONER HENNING: And that will help alleviate some of that; is that right, Jay? MR. AHMAD: Yes, sir. COMMISSIONER HENNING: Okay. Thank you. COMMISSIONER FIALA: I'd like to make a motion to approve. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. Page 209 June 11, 2013 CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER FIALA: And let me say that the parts you've already done -- Commissioner Henning was even naming a few as he connected them. It's actually relieved the homes from flooding. It's been amazing how well it's been working. COMMISSIONER HENNING: Oh, on the other side? COMMISSIONER FIALA: Over in Royal Wood, they used to have flooding in their houses, and it's not flooding anymore. COMMISSIONER HENNING: Oh, thank you. COMMISSIONER FIALA: Uh-huh. CHAIRWOMAN HILLER: That's good. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Madam Chair, that takes you to Item 15, staff and commission general communications. COMMISSIONER HENNING: What? CHAIRWOMAN HILLER: Leo Ochs? MR. OCHS: The only thing I have is just a reminder. I'm sure it's on your calendars for the Board of County Commissioner budget workshop presentation on June 20th and, if necessary, Friday, June 21st. CHAIRWOMAN HILLER: Right. MR. OCHS: Thank you. That's all I have. CHAIRWOMAN HILLER: And it's important that both days be blocked off on everyone's calendars in case there is any spillover so there is no conflicts with any meetings. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Any other comments? Page 210 June 11, 2013 MR. OCHS: Not from me. Thank you, Commissioner. CHAIRWOMAN HILLER: I actually want to make a comment to you, County Manager. Wednesday night, Bruins versus the Blackhawks. MR. OCHS: Put all your money on the Blackhawks. CHAIRWOMAN HILLER: No. I actually want to put your raise on Bruins. MR. OCHS: The Bruins? We'll have to negotiate that, ma'am. CHAIRWOMAN HILLER: Let's make plans. I'm ready. Okay. County Attorney? MR. KLATZKOW: Nothing, ma'am. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Nothing. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes, I have a few things. Pretty simple, though. Stop getting so anxious, for goodness sake. We're early. So I've been working a little bit with the state. Actually Kingman Schuldt brought it to my attention that when you get on and off of I-75, there's no signage that says this way to East Naples. It says to Marco or to Golden Gate or to the city. CHAIRWOMAN HILLER: And you brought that up at the MPO. COMMISSIONER FIALA: And so the state has said, well, we can't do that because you're not on the map, and they said to them there is no East Naples. So they said you have to have it added to the map. So I found out how to do that. One of them is the county manager has to add a letter that says there is an East Naples, and then the County Commission needs to write a letter signed by the chairman that says, yes, we approve you adding East Naples to the signage on Page 211 June 11, 2013 I-75, and I'm just asking if you would do that. CHAIRWOMAN HILLER: Sure. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: Do you want to call it East Naples; is that the appropriate -- COMMISSIONER FIALA: Yeah. CHAIRWOMAN HILLER: -- label for the community? COMMISSIONER FIALA: Uh-huh. CHAIRWOMAN HILLER: Is that -- okay. Is that -- COMMISSIONER FIALA: Does anybody have a problem with that? COMMISSIONER HENNING: I have a comment on that. With this whole fire district merger, East Naples and Golden Gate is being called something else. It might be the Greater Naples Fire District, Fire and Rescue, or it might be called something else that may move -- start to move East Naples into another -- CHAIRWOMAN HILLER: Yeah, and that's why I was asking. COMMISSIONER HENNING: -- identification. COMMISSIONER FIALA: Well -- COMMISSIONER HENNING: Just a thought. I'll support whatever you want to do. COMMISSIONER FIALA: That's good. And at some point in time we might want to change signs to say that. Right now what -- and I could be way off base here. What I think is the reason that we've -- some companies that are up in New York and Connecticut who do a lot of the research for companies down here who want to relocate, they don't even know we exist here. They don't -- maybe they don't identify that East Naples is there, so they don't even know to look for demographics in the area to see if they could locate companies there, and I'm hoping that that might open a new area and, by doing that, maybe some companies would come down into that Page 212 June 11, 2013 area. CHAIRWOMAN HILLER: But maybe -- what I was thinking was somewhat along the lines of Commissioner Henning. From a marketing standpoint, if you're looking to market that community, maybe giving it a name that's not as generic as East Naples is something to consider. I mean, if you're going to go to coming up with a sign at an exit, you know, maybe we start thinking of other names. And maybe East Naples is a perfect name. COMMISSIONER COYLE: How about Fialaville? CHAIRWOMAN HILLER: I like Donnaville better. COMMISSIONER FIALA: I think we need to -- we need to get it on a sign now. COMMISSIONER NANCE: I support rebranding, but be careful of the artist Naples effect. I'll say it. Commissioner Coyle was smiling thinking it. He just wouldn't say it. CHAIRWOMAN HILLER: That's a whole other issue. And it may not be a good idea at all. I mean, I'm just throwing it out for you to consider. I mean, it's your district, and it's up to you, you know, but it's just a thought. If you're going to move in that direction of actually, you know, labeling and signing and putting on maps, you know, is that the name that you want to use? COMMISSIONER FIALA: Right now, yes, because that is the name. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: By the time they change everything around -- I don't know when the fire will actually change and what the name will be and so forth, so I would like to go with this. And I agree with you about rebranding. You might as well just be -- I always say, instead of changing the name Bayshore, for instance, when it used to be Kelly Road -- COMMISSIONER NANCE: That was very successful. Page 213 June 11, 2013 CHAIRWOMAN HILLER: That was a very good move. COMMISSIONER FIALA: Kelly Road, they changed it to Bayshore, but it was still a slum. And until you change what it is, the name doesn't help you at all. So I say, make it better than what it could be and keep the name. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: Artist east. That's it. COMMISSIONER FIALA: So thank you. MR. OCHS: Commissioner, that is, in fact, a two-step process. So once the letter -- if you would like us to prepare the letter for the chairwoman's signature, and then once we have that and send it up, we will then bring a resolution back on the consent agenda to memorialize that through a vote of the commission. COMMISSIONER FIALA: Thank you. And the last thing I want to say is if we ever have any offers for land, especially offers that might affect the quality of life and that offer is given to anybody within the county on staff, I would like it to be brought before the County Commissioners for discussion and a vote. COMMISSIONER NANCE: What do you mean, ma'am? Give me an example. COMMISSIONER FIALA: Say, for instance -- like, for instance, if we have the opportunity to buy the DeVoe property -- and there were a couple of us that were in agreement that it should be done, but then possibly if somebody made it their point to say no, we're not going to buy it and it never went any further and instead it's going to change the quality of life in this area, I just would want to make sure that that doesn't happen again. CHAIRWOMAN HILLER: So in other words, if anyone brings -- to rephrase what you're saying. If anyone makes an offer to county government, whether it's through any members of the board or through Page 214 June 11, 2013 staff, that whoever receives that offer needs to bring it to the board so the board can vote for or against? COMMISSIONER FIALA: Right. Say, for instance, they find a place to put the model airplane flights or something, you know, and it's something that would make a lot of sense and be good for the community, I would like to see that brought. CHAIRWOMAN HILLER: Yeah. I mean, it makes sense for everything to be presented to the board for consideration. COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: I mean, the board doesn't have to act on it necessarily, but it's good to be informed to see what options are out there if it's -- now, the only issue with that is that, you know, everyone in the community will say "I want to sell my land to the government," and then we're going to have 10,000 offers every week. So you need to figure out how to reconcile that, you know. Because, I mean, let's face it, that's what's going to happen. So we have to think about how that would work. Maybe staff can give some thought as to what would be the right way to address Commissioner Fiala's concern without, you know, inundating us with offers from everybody for all their property. Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRWOMAN HILLER: Can I make a comment to you? COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: You have done an outstanding job. I mean, what you accomplished on your Fletcher negotiation and how you've moved forward on fire has been outstanding. COMMISSIONER HENNING: Thank you. I do have one thing I just remembered. No, I have two things. Welcome back. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: It's a pleasure to have you back Page 215 June 11, 2013 sitting in that spot. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: The next thing, Jeff, there's concerns from -- I understand during the last break from the CRA in Immokalee about moving to the airport. Would it be appropriate for, once I go out there and talk to them, to communicate with the commissioner of the district? MR. KLATZKOW: You're going to have Sunshine problems if you do that. COMMISSIONER HENNING: Okay. All right. MR. KLATZKOW: So, no, I don't think -- I think it's appropriate for you to talk with the CRA board and then come back in a regular agenda item or during discussions like this and then have your conversation. COMMISSIONER HENNING: Okay. I'll do that. Thank you. Thank you for your comments. CHAIRWOMAN HILLER: You did great. Commissioner Nance? COMMISSIONER NANCE: Yes. I actually wanted to also echo Commissioner Hiller's comments. Thank you for your leadership. CHAIRWOMAN HILLER: It was amazing. COMMISSIONER NANCE: You did journeyman's work on some sticky topics, and I think you did a great job -- CHAIRWOMAN HILLER: Yep. COMMISSIONER NANCE: -- into leading those things forward. I look forward to your continued work to finish what you've begun. COMMISSIONER HENNING: I can't take all the credit for that. CHAIRWOMAN HILLER: And Camden did an outstanding job on her package and presentation. I mean, the research that she pulled Page 216 June 11, 2013 together on, you know, what was going on at other airports and getting the package of the aerials and, you know, really putting it on the record so there's no ambiguity as to the facts was really super. She did great. COMMISSIONER NANCE: I've got a couple things. One, Mr. Ochs, I wanted to -- we have a workshop for September 3rd that includes some discussion of capital assets management, I believe. MR. OCHS: That's correct, Commissioner. COMMISSIONER NANCE: Are we going to be able to get an accounting somewhere in our budgetary process of the deferred maintenance that we currently have, the different, you know, amounts of monies that we're really in arrears as far as our programmed and scheduled maintenance so we can begin to discuss how we're going to work through that? Is that part of your evaluation? MR. OCHS: Yes, sir. That's part of the ongoing asset management initiative. We will have certainly enough of that to speak to next year's budget and probably five years out. COMMISSIONER NANCE: Oh, I have no doubt. I just wanted to try to get my head around, you know, kind of where we stand on that. MR. OCHS: Yes, sir. And we'll be able to go through all of the critical asset maintenance that's required, in our staff view anyhow, and show you how we've attempted to fund those and approach those in your next budget. COMMISSIONER NANCE: In the short term and in the long term, or have you primarily focused on the long term? MR. OCHS: Well, we can show you the five-year CIP. And then beyond that will be kind of the scope of the workshop in September. COMMISSIONER NANCE: Okay. All right. MR. OCHS: Fair enough? Page 217 June 11, 2013 COMMISSIONER NANCE: Yes, sir. Thank you. I want to -- some positive news. It's kind of interesting because it's related to a lot of the things that we talked about today, but I just wanted to let everybody know it doesn't directly affect us but it indirectly affects us, is that the Commissioner of Agriculture, Adam Putnam, announced in May that Coca Cola was committing to a $2 billion investment in citrus in the State of Florida, primarily in Central Florida, and they predict that it's going to result in the planting of an additional 25 acres of oranges, create 4,100 jobs in Florida over a 25-year period, and result in a total compound economic impact of $10 billion in the next 25 years within the citrus industry. That's a huge commitment -- CHAIRWOMAN HILLER: Wow. COMMISSIONER NANCE: -- by Coca Cola in partnership with Cutrale Citrus Juices and Peace River Citrus Product. So that's all positive news and, you know, hopefully we'll continue to work through our problems in that industry, because Collier County's got a lot riding on it as well. And, finally, I just wanted to let everybody know, you've probably seen in the press that there has been quite a bit of discussion about the activities regarding Oil Well exploration and drilling in Collier County, which is nothing new to Collier County, but it's new on the horizon, because it seems it's fairly near dwelling units in eastern Golden Gate Estates on this pass through. Of course, Collier County does not regulate that. Other regulatory agencies, primarily Department of Economic -- of Environmental Protection regulates those through state law and also federal laws that regulate mines and mining in general. But because of citizen concern, I held a neighborhood information meeting, and the focus of that meeting was to provide contacts and sources of accurate information to try to allay citizen Page 218 June 11, 2013 concerns and fears and let them know who they could talk to directly as far as the regulatory agencies and the investors and the vendors and suppliers and technicians to get accurate information on this topic. So I put out a press release. I sent it to all of you under a one-way communication. I'm going to put one of these press releases into the public record here at today's meeting. I want to let you know that the content of that is not only just the contact information that we assembled from the meeting, but also some well worded, frequently asked questions that were put together by Mr. Casalanguida and his staff to aid in informing the citizens. So thank you, Nick, on that. And I'm relying on this, and I'm relying upon communications with the investors which basically is Collier Resources, which is comprised of Barron Collier Company and Collier Enterprises, to do the right thing, work through these issues with citizens so that they allay their fears, and we have something that's functional in the eastern part of the county there. You know, in the past, historically there's been over 300 oil wells drilled. There's less than 50 active right now. It's down from a big point of production, a peak of production in the '80s, to increased production. And now I think the technology allows them to horizontally drill into the Sunnyland formation that underlies a great part of the county, is going to allow them to extract economic quantities of oil from these deposits in an effective and efficient and a safe way. It's actually going to allow them to get this resource with a greatly reduced number of penetrations. In other words, they're going to be able to go down, and then instead of just tapping the oil in that one prime location, they're going to be going out through the strata for thousands of feet. The one that's been under discussion is going to be 13,000 feet below the surface and have horizontal drilling that's going to extend 4,000 feet. So this is new technology. Page 219 June 11, 2013 CHAIRWOMAN HILLER: And I think it's important to emphasize there won't be any fracking. COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: Because there has been concern about fracking. And, you know, because of the limestone, that's not going to happen. COMMISSIONER NANCE: Yeah. Because of -- the formations have been described to me in the public meetings that we've had -- and this can be -- you can get additional information talking directly to the technicians, is the Sunnyland oil deposits are considered to be a rubble zone. It's loosely aggregated rock. It's very well suited to this horizontal drilling. And, you know, unfortunately, there's some people that want to proceed with putting out misinformation to the public and giving them unrealistic fears in order to sensationalize this issue, because what they're concerned with is they're concerned about making a statement about energy policy in the United States and so on and so forth instead of addressing what we have right here in Collier County. So I'm working just -- I'm taking my time just to put out this information so the people can get facts directly from the horse's mouth. COMMISSIONER FIALA: Could I ask a question? With regard to oil drilling, I had read someplace that companies that drill for oil in the United States of America then sell it overseas; is that true? COMMISSIONER NANCE: Well, Commissioner Fiala, I think that the oil we produce goes into the general, you know, energy supply. I don't think anybody knows what its final destination is. I think it -- you know, certainly it doesn't make sense to collect it here and ship it overseas and then buy it in Saudi and ship it back. COMMISSIONER FIALA: That's what I -- COMMISSIONER NANCE: But I hate to tell you that if you Page 220 June 11, 2013 look at it, you'll probably find out that it's going around in a circle; that's why it costs so much. CHAIRWOMAN HILLER: Is that what happens to our tomatoes, too? COMMISSIONER NANCE: Yes, we ride them around. CHAIRWOMAN HILLER: I'm sure we do. COMMISSIONER NANCE: We bring you tomatoes from Mexico and we send our tomatoes to Costa Rica, so -- anyway, other than that, thank you very much. CHAIRWOMAN HILLER: Thank you. I just have a couple of comments. The first is, is I was somewhat concerned when I saw county employees hot fueling Turbo Services engines. So I think we need to look into that from a risk standpoint and also, you know, why are our employees, airport employees doing that for that particular company if, in fact, that is what's going on? So risk management probably ought to address that. Legally I don't know that we should be doing that at all. I mean, there's all sorts of liability. MR. KLATZKOW: But that's their business. They're testing turbine engines, and it's a continuous flow. CHAIRWOMAN HILLER: Right. But why are our employees engaging in the hot fueling? I don't think we're licensed to do that. MR. KLATZKOW: I don't know that our employees are. CHAIRWOMAN HILLER: There was, like, a truck. COMMISSIONER FIALA: Fueling company. CHAIRWOMAN HILLER: I thought that was our truck. Anyway, I don't know. Can someone look into that and find out? Because I think we have a risk issue, a service issue, you know, just -- COMMISSIONER FIALA: I think they named the company, didn't they? CHAIRWOMAN HILLER: I don't know. Page 221 June 11, 2013 COMMISSIONER COYLE: Remember one thing, that's a different situation. With an airplane and you're trying to hot fuel, you've got a pilot in the cockpit, there's a risk to the pilot there, you've got an airplane that might move and an airplane that might explode because you're putting a lot of gasoline in a tank. The situation with Turbo Services, there is no tank, there's no pilot there. It's in an enclosed building, so it's protected. And the fuel is being fed directly into the turbine engine, so it's being burned immediately, so there's no collection of fuel in a tank anywhere. So there's a substantial difference in risk there. So although it is technically hot fueling, it's really a different kind of thing than we're talking about when we're talking about fueling an engine. CHAIRWOMAN HILLER: Okay. Well, just -- if we could get information back on that. Commissioner Henning, did you want to -- COMMISSIONER HENNING: No, I totally agree, and I want to expand upon that. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: It was observed that that tanker was there for at least half a day, if not more. So you have a piece of apparatus by the airport, and I'm hoping to assume that you have an employee there with that mobile explosion tank. So what are we doing by providing that type of service for full service, and we're not making that much money? You're not -- CHAIRWOMAN HILLER: Yeah, that's scary. COMMISSIONER HENNING: You're not going to make -- you can't compensate the employee's time for that type of service. That should be -- that's the bigger question. COMMISSIONER FIALA: Was it one of our employees doing that? Page 222 June 11, 2013 COMMISSIONER HENNING: It was; it was. You know, maybe the most proper thing to do -- and if you want, I'll communicate with Chris Curry to find out more -- CHAIRWOMAN HILLER: I would really appreciate that. COMMISSIONER HENNING: -- about exactly -- he usually is -- he communicated to me that he's usually out there on Wednesday, but he wasn't out there this Wednesday when this was taking place. If it's not -- you talk about making money. If we're not making money and if we're not at least paying for the employee out there, Turbo Service needs to, you know, step up to the plate and probably have their own tank out there instead of using our tank. COMMISSIONER NANCE: I think that's probably fairly easy to engineer. COMMISSIONER FIALA: I thought we sold them fuel, as a matter of fact. COMMISSIONER HENNING: We are -- COMMISSIONER FIALA: That's interesting. COMMISSIONER HENNING: We are selling them fuel. COMMISSIONER FIALA: Oh, okay. CHAIRWOMAN HILLER: Well, if you could look into that, Commissioner Henning, since this seems to be part and parcel of, you know, what you're doing out at the airport and, you know, let us know what's going on and what curative action is required, that would be great. And, you know, we need coordination with risk, coordination with the county attorney to make sure that we can legally even be involved in doing this. And I don't know if you need, like, a certain permit or license to actually engage in that type of activity. I think there are a lot of open questions. COMMISSIONER NANCE: Well, it's another insurance deal, too. Page 223 June 11, 2013 CHAIRWOMAN HILLER: It's definitely another insurance deal. I mean, I'm not presuming anything. I'm really just asking. So if you could find that out, that would be great. The next question I have is, you know, this whole issue of reporting crimes on government property. You know, very clearly, any crime that's committed has to be reported to law enforcement. But where -- you know, at what point does the staff observing crime on county property tell our county security and the board? I mean, ultimately, you know, we have responsibility and liability for what goes on, and we don't want to see anyone hurt in any way or allow crimes to go unreported if they're not reported, which is separate and apart from, you know, administrative claims like, for example, reporting to the FAA about, you know, someone doing something that violates a regulation that may not be criminal. So what I was going to suggest is have the county attorney look into that and come up with, you know, some sort of policy or resolution that he could propose to us to allow us to develop some way of ensuring that employees report to the right agency immediately and to the board, you know, immediately thereafter or concurrently or however. I mean, I don't know. I don't know what the proper protocol for dealing with these type of issues are, and I just want to defer to you and ask you to develop something. MR. KLATZKOW: Are we talking about the county in general? CHAIRWOMAN HILLER: Well, I think whatever we do should be for the county as a whole. I mean, whether it's at the airport or, you know, on any county property. I'm not sure that it should make a difference. I mean, a crime is a crime. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: And an administrative issue is an administrative issue. Page 224 June 11, 2013 COMMISSIONER HENNING: Mr. Curry was not being forthright, the bottom line. He expressed to Camden -- and it has nothing to do with the perception; however, he did not relay that to you, and I think he was just trying to be evasive and not directly answer the question. Periodically, from what I understand, is the airport gets calls and, you know, be on watch for this particular airplane and let us know their activities. And it has to do with drugs. It has nothing to do with any particular airport tenant. CHAIRWOMAN HILLER: And I'm -- COMMISSIONER HENNING: Historically, Collier County, there was a lot of drugs coming in here, being flown in. CHAIRWOMAN HILLER: I'm sure there probably still is a lot of drugs coming in here. But I don't think it's with respect to a particular tenant. I think it's just the question of what is the protocol if an employee identifies criminal activity on our property, on county property. And, you know, what should happen? Does the employee have an affirmative duty to immediately report to -- yeah, I don't know. I mean, do we have a CMA on that already? MR. OCHS: Yes, ma'am, we do, through risk management. I'll get it and send it to you all if you'd like. CHAIRWOMAN HILLER: Right. And so maybe what we need to do is if we've got a CMA that you've already developed that contemplates all of that, then maybe we take that CMA and apply it to the CRAs and to the airport authority and make sure that it's, you know, an umbrella policy. COMMISSIONER HENNING: We should just apply the CMAs to different agencies. CHAIRWOMAN HILLER: That's a great idea, you know, Commissioner Henning. Page 225 June 11, 2013 COMMISSIONER NANCE: Then maybe they'd have a Dog, the Bounty Hunter, employee. COMMISSIONER COYLE: Yeah. That would be good. Hire Dog. CHAIRWOMAN HILLER: Listen, I think the fact that these -- COMMISSIONER COYLE: Of course, we've already got one Dog. Well, before you leave that, you should know that pilots and employees on airports almost everywhere are encouraged to report suspicious activity. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER COYLE: It doesn't have to be a crime. It can just be suspicious activity, somebody you don't know in an area where they shouldn't be in, somebody fiddling around with an airplane somewhere. They're all encouraged to report suspicious activity as quickly as possible. And they report it to -- they're asked to report it to the airport management. So we shouldn't try to discourage that kind of stuff. CHAIRWOMAN HILLER: No, we don't want to. COMMISSIONER COYLE: And the airport management then, operating under our procedures, can make a decision, is this something of critical safety concern where I have to take immediate action like, you know, three people in an unknown car driving around on the airport, or is it something that we can take to the board and get authorization to file a formal complaint, so -- CHAIRWOMAN HILLER: Well, I think what's important is that we take a look at the CMA and see how we can apply it to, you know, the other division under us and see if we need to do anything to either amend it or bolster it, as the case may be. And it's just something that's very prudent, especially with everything that's going on, when you look at what happened in Boston. I mean, we want to make sure that the reporting is done Page 226 June 11, 2013 properly and as quickly as possible. Like, one of the things I would really like to see is that Skip Camp -- I mean, if there is a suspicious plane or suspicious activity, that Skip Camp be immediately notified, that it not be limited strictly to the airport executive director, for example. And if there is a reporting of such information to any agency, that Skip Camp and the Sheriffs Office is put on notice that, hey, you know, we've got a problem that is at the level where this type of reporting is required. We have to look out for the safety of what goes on on county property. So if you guys could work together and bring something forward, that would be great. The other things is, the Coast Guard Auxiliary lease is about to expire, and if we could get that expedited. It does take them a while to get that approved through their channels, and they are very grateful that they have the lease of that property up at Wiggins, so let's keep it going. Another thing, there have been a number of very famous paddle boarders that have been coming to this coast and have particularly fallen in love with Collier County. In fact, one of the best, whose name I won't mention because I'm sure someone else thinks they're the best, but anyway -- really was taken by Collier County and, in fact, it was said that Collier County probably has some of the best paddle boarding conditions of anywhere in the United States. So it would be very cool if we became the paddle boarding capital of the United States. You know, it would be kind of hot. COMMISSIONER FIALA: Let me jump in on that. CHAIRWOMAN HILLER: Do you paddle board? I'll take you paddle boarding. You and I could get on a boat together. COMMISSIONER FIALA: I was just out at the Marriott. I'm cruising a few businesses and getting some input from them, and one of the things -- I was just telling Leo yesterday about this. One of the Page 227 June 11, 2013 things Rick Medwedeff said is something we ought to pursue in Collier County is this sports venue. CHAIRWOMAN HILLER: Yeah, we are. COMMISSIONER FIALA: He said, right now we -- you know, we have the parks, you know, and so forth to do that, but he said we actually ought to go after a sports element and encourage them to build something here and actually be focused here and then to spread out from there. So I thought that was a good idea. (Commissioner Coyle left the boardroom for the remainder of the meeting.) CHAIRWOMAN HILLER: Well, I -- we actually are doing that, and I've actually been involved -- because I love sports, so I'm, like, constantly flitting through all these different -- COMMISSIONER FIALA: Well, he's talking about bringing a team or -- CHAIRWOMAN HILLER: Yeah, we've got that. Well, I've got several things to mention. First, with respect to the paddle boarding, we are having a major competition Saturday and Sunday of this week in front of the Naples Beach Hotel, and there are really some major players in that sport coming from California, for example. So that is something that will be addressed during that weekend about, you know, what we can do to promote paddle boarding. We also -- so I encourage all of you to go. I'll go paddle boarding with you. COMMISSIONER FIALA: I'll be in Albany. CHAIRWOMAN HILLER: We could -- oh, that's too bad. I was going to say, we could do yoga on a paddle board together. Just saying, just saying. Okay. So that's number one. Everybody needs to go. It will be really great. And you can register for it on Friday night. The other thing is, we have our very first soccer -- actually, our Page 228 June 11, 2013 very first professional franchise team in Collier County ever, and it's a soccer team called Adrenaline, and I've gone to the game. Very cool. Really -- you know, I think I went to their third game. And they have done something for us. They have actually -- and I spoke to the manager of the team. The Saturday -- and I'll get you all the details. But it will be the Saturday after our last meeting, our July 9th meeting, so that following Saturday, that immediate Saturday, they're dedicating that game that they're going to play to Collier County. So we are going to invite all our employees. And then what I would like to do at, you know, the halftime is do, like, special employee announcements, recognize great people, end of the year, blah-blah-blah. So put that on your calendars. And, like I said, it is the first professional franchise in Collier County. COMMISSIONER FIALA: So do you get to kick the first ball out onto the field or something? CHAIRWOMAN HILLER: Oh, yeah. We all should, you know, like a collective, like. So it will be at Barron Collier High School. But I'll get you all the details, and it's something really worth looking at. And, again, the last thing I want to say is, Bruins are going to win, okay. Bruins are going to win. Damn Chicago. Blackhawks -- you know, what happens to a Blackhawk? Okay. It goes down, right? And let me tell you why the Bruins are going to win. The Bruins are going to win, because -- have you looked at the Canadians that are on that team? And have you looked at the guy who has made the most goals? He is Czech and he is hot, and he can you know what. COMMISSIONER HENNING: Motion to adjourn. CHAIRWOMAN HILLER: And I am telling you, we are absolutely -- go Bruins. Motion to adjourn. Thank you. Page 229 June 11, 2013 COMMISSIONER NANCE: This is from a chairwoman that sent her only begotten son to Florida State, okay. So you have to consider the source here. CHAIRWOMAN HILLER: Okay. Well, that's because I'm loyal to Florida, too. And in Florida, let me just say, go Seminoles, okay. And you know what the hawk does to the gator? So that's all I can say on that front. So, anyway -- so your comment about sports, hard core. We all totally agree, and this is -- there's no better county in all of the United States for sports than Collier County. COMMISSIONER NANCE: Well, you know, I'm going to throw something out. Now, this is a last-minute comment on a long day, but I'm just going to let you know that we're going to have an opportunity to review the Golden Gate Master Plan, and we're going to have an opportunity to review the rural fringe mixed-use district, which has gone through the Hussey settlement and some pretty rough times here. I mean, looking forward to economic development, we've got six sections of receiving land out there, six square miles of property that's not too far from here that's looking for a mechanism to help, you know, take that development -- CHAIRWOMAN HILLER: I'm here to -- COMMISSIONER NANCE: -- and get that receiving and get that -- COMMISSIONER FIALA: Maybe a baseball team. CHAIRWOMAN HILLER: I'm here -- I am here to serve and deliver. I am. Yeah, I am. COMMISSIONER FIALA: We can get a baseball team on that field. COMMISSIONER NANCE: Well, you've got a lot of -- you know, we've got a lot of possibilities. Page 230 June 11, 2013 CHAIRWOMAN HILLER: Well, actually, we actually -- I have been working on exploring those possibilities, and I have actually been researching this stuff, and I hope to bring that back in the near future. COMMISSIONER NANCE: Well, you know, there's been a lot of, you know, chatter in the community, and people look at Hacienda Lakes and they go, okay, really, Tim, how is the swamp buggy track going to survive in the middle of Hacienda Lakes? And I said, well, you know, maybe we're going to have to move it yet again. It used to be on Radio Road. It had their historic home on Radio Road, and maybe, you know, we need to take a look at some possibilities. So I encourage everybody to talk all that out. CHAIRWOMAN HILLER: Just let me ask a question. Is swamp buggy actually a sport? Sorry, I had to say that. COMMISSIONER NANCE: As much as paddle boarding is. As much as paddle boarding is. CHAIRWOMAN HILLER: Okay. Well, paddle boarding is. It does wonders for your core. COMMISSIONER NANCE: Well, look at what Sarasota did with that Benderson facility they put together with rowing. They're going to have a national magnet facility on that. CHAIRWOMAN HILLER: Let me -- and I want to mention, it is anticipated through the development of the greenway that the Rowing Association will eventually have its own boathouse, and there will be more rowing on the Gordon River, too. So we are looking at so much, and it's really great. COMMISSIONER NANCE: A lot of possibility. CHAIRWOMAN HILLER: Go sports. Thank you. COMMISSIONER NANCE: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: We're adjourned. Page 231 June 11, 2013 ***** **** Commissioner Fiala moved, seconded by Commissioner Hiller and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 A SUBORDINATION AGREEMENT AND THE CONVEYANCE OF UTILITY EASEMENTS TO FLORIDA POWER & LIGHT COMPANY, REQUIRED FOR THE RELOCATION OF ITS FACILITIES IN CONFLICT WITH THE PROPOSED INTERSECTION IMPROVEMENTS AT US 41 AND COLLIER BOULEVARD. (PROJECT NO. 60116.) ESTIMATED FISCAL IMPACT: $45,100 — AT TRIANGLE BLVD AND COLLIER BLVD Item #16A2 INVITATION TO BID (ITB) #12-5857R "NUISANCE ABATEMENT SERVICES," TO FA REMODELING & REPAIRS, INC., OLIVA ENTERPRISES AND NEAL'S LAWN AND LANDSCAPING MAINTENANCE, INC. AND THE CHAIRWOMAN TO SIGN THE RESULTANT CONTRACTS — USED BY CODE ENFORCEMENT TO MAINTAIN PROPERTIES WHEN THE OWNER FAILS TO MAINTAIN LITTER/DEBRIS REMOVAL AND GRASS MOWING Item #16A3 Page 232 June 11, 2013 RELEASE OF LIEN IN THE AMOUNT OF $66,382.47 FOR PAYMENT OF $1,332.47, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ERASMO ARMANDO ARAGON, CODE ENFORCEMENT BOARD CASE NUMBER CEPM20110016069, RELATING TO PROPERTY LOCATED AT 5235 32ND AVE SW, COLLIER COUNTY, FLORIDA — FINES PERTAINING TO A BROKEN WINDOW AND SEVERAL UNSECURED DOORS AND WINDOWS ON A PROPERTY THAT WAS BROUGHT INTO COMPLIANCE ON DECEMBER 3, 2012 Item #16A4 RECORDING THE FINAL PLAT OF BELLA FIRENZE, (APPLICATION NUMBER PL20120002425) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A5 TERMINATE AGREEMENT NO. MOA 100, AS AMENDED, BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND COLLIER COUNTY AND ASSIGN LICENSE AGREEMENT TO FDEP FOR OZONE MONITORING AT LAUREL OAK ELEMENTARY — PROMPTED BY FDEP DUE TO FREQUENT EMPLOYEE TURNOVER Page 233 June 11, 2013 Item #16A6 RESOLUTION 2013-119: A DONATION INCLUDING BUT NOT LIMITED TO WATER QUALITY TEST REPORTS, AQUATIC PLANTS AND FLOATING INTERLOCKING MATS FROM THE WATER SYMPOSIUM OF FLORIDA TO INVESTIGATE WATER QUALITY IN COLLIER COUNTY STORMWATER DETENTION PONDS AT AN ESTIMATED VALUE OF $2,000 Item #16A7 A REFUND IN THE AMOUNT OF $14,830 TO WELSH COMPANIES FLORIDA, INC. FOR A WITHDRAWN GROWTH MANAGEMENT PLAN AMENDMENT PETITION — RELATED TO PETITION PUDZ-A-PL20120000726, TOP HAT AUTO, WHICH WAS APPROVED BY THE BOARD Item #16A8 THE OFFSITE REMOVAL OF EXCESS FILL FROM THE NAPLES RESERVE RPUD PURSUANT TO ORDINANCE 12-29, EXHIBIT F, TRANSPORTATION PARAGRAPH "D" AND CONSISTENT WITH THE COMMERCIAL EXCAVATION PERMIT PL 20120002540 — TO BE UTILIZED IN THE WIDENING OF US 41 BETWEEN COLLIER BLVD. AND CR 92 Item #16A9 — Withdrawn (Per Agenda Change Sheet) DEVELOPMENT AND EXECUTION OF TEMPORARY BEACH RESTORATION EASEMENTS (TBRE) WITH BEACHFRONT PROPERTY OWNERS FOR THE FY13/14 VANDERBILT, PARK Page 234 June 11, 2013 SHORE AND NAPLES BEACH RENOURISHMENT PROGRAM AND REAFFIRM THE EXISTING BOARD OF COUNTY COMMISSIONERS' POLICY THAT NO RENOURISHMENT WILL OCCUR LANDWARD OF THE EROSION CONTROL LINE (ECL) ON PRIVATE PROPERTY WITHOUT AN EXECUTED TEMPORARY BEACH RESTORATION EASEMENT (TBRE), THE CHAIRWOMAN TO EXECUTE RESOLUTION FOR TBRE, AND MAKE A FINDING THAT THIS PROJECT AND EXPENDITURE PROMOTES TOURISM Item #16A10 RESOLUTION 2013-120: REVISING THE MEMBERSHIP OF THE RESTORE EVALUATION COMMITTEE (COMMITTEE) TO INCLUDE ONLY NON-COUNTY STAFF MEMBERS, TO ESTABLISH THE COMMITTEE BY RESOLUTION AS AN AD- HOC COMMITTEE, AND FORMALLY APPOINT COMMITTEE MEMBERS — APPOINTING JOHN SOREY III, DR. JAMES RIVIERE, SAMMY HAMILTON, ANDREW MCELWAINE, ALBERTO CHAVEZ, LISA KOEHLER, CLARK HILL AND FRANK PERRUCCI Item #16B1 AN AFTER THE FACT APPROVAL OF THE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO COLLIER COUNTY TO FUND THE BAYSHORE GATEWAY TRIANGLE CRA FIRE SUPPRESSION INFRASTRUCTURE SYSTEM UPGRADE PROJECT IN THE AMOUNT OF $344,300, THE CRA BOARD CHAIRMAN TO EXECUTE THE SUBRECIPIENT AGREEMENT, IF GRANT IS Page 235 June 11, 2013 AWARDED, AND ALL NECESSARY BUDGET AMENDMENTS — DUE TO THE LACK OF FIRE HYDRANTS ON MANY STREETS AND TO PROTECT THE AREA WITH PROPER COVERAGE AND ADEQUATE PRESSURE AND VOLUME Item #16B2 AFTER-THE-FACT SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO COLLIER COUNTY HOUSING & HUMAN SERVICES TO AUGMENT THE BUSINESS SUPPORT, RESOURCES, SERVICES AND TECHNICAL ASSISTANCE PROVIDED THROUGH THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) IN THE AMOUNT OF $140,000, THE CRA BOARD CHAIRMAN TO EXECUTE THE SUBRECIPIENT AGREEMENT, IF GRANT IS AWARDED, AND ALL NECESSARY BUDGET AMENDMENTS — DUE TO TIME CONSTRATINTS, STAFF WAS UNABLE TO OBTAIN BCC APPROVAL PRIOR TO THE JUNE 5, 2013 SUBMISSION DEADLINE Item #16B3 A LEASE AGREEMENT WITH HODGES UNIVERSITY, INC., TO HOUSE THE IMMOKALEE BUSINESS DEVELOPMENT CENTER AT A NOT-TO-EXCEED RENT EXPENDITURE OF $600 THROUGH ITS TERM — OFFICE SPACE LOCATED AT 1170 HARVEST DRIVE Item #16C1 Page 236 June 11, 2013 WAIVE COMPETITION AND STANDARDIZE THE PROCUREMENT OF THE PROPRIETARY ODOR CONTROL CHEMICAL AKTIVOX, PROVIDED BY SIEMENS CORPORATION — DUE TO AKTIVOX BEING THE ONLY PRODUCT AVAILABLE TO PROPERLY PERFORM THE INTENDED FUNCTIONS Item #16C2 A BUDGET AMENDMENT IN THE AMOUNT OF $535,994 FOR DESIGN AND CONSTRUCTION SERVICES FOR AQUIFER STORAGE AND RECOVERY WELL NO.2 OF THE IRRIGATION QUALITY WATER AQUIFER STORAGE AND RECOVERY PROJECT NO. 74030 — FUNDS TO BE USED FOR CYCLE TESTING OF THE EXISTING ASR WELL NO. 1 AND FOR DESIGN AND CONSTRUCTION SERVICES OF WELL NO. 2 Item #16C3 A WORK ORDER IN THE AMOUNT OF $708,934.50 TO QUALITY ENTERPRISES UNDER REQUEST FOR QUOTATION #08-5011-89 TO COMPLETE THE INTERCONNECT OF THE LIVINGSTON ROAD SUPPLEMENTAL WELLS TO THE COLLIER COUNTY IRRIGATION QUALITY WATER SYSTEM; IQ WATER SOURCE INTEGRATION PROJECT NUMBER 74405 AND THE NECESSARY BUDGET AMENDMENT — COMPLETING THE INTERCONNECTION BETWEEN THE EXISTING 7 WELLS TO THE RAW WATER TRANSMISSION LINE Item #16D1 Page 237 June 11, 2013 FOUR (4) SIGNATURE AUTHORITY FORMS FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR DISASTER RECOVERY GRANTS — FOR THE FOLLOWING GRANTS: #07DB-3V-09-21-01-Z01, #08DB- D3-09-21-01-A03, #10DB-D4-09-21-01-K09 AND #1 2DB-P5-09- 21-01-K39 Item #16D2 STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) RELEASE OF LIEN FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN FULL — PART OF HABITAT FOR HUMANITY, 12180 FULLER LANE, NAPLES Item #16D3 FY13 PROGRAM OF PROJECTS AND THE SUBMITTAL OF A GRANT APPLICATION THROUGH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC AWARD MANAGEMENT (TEAM) SYSTEM FOR THE FTA, 49 U.S.C. § 5307 FY13 GRANT FUNDS ESTIMATED AT $2,857,524 — FOR THE MANAGEMENT OF THE COLLIER AREA TRANSIT (CAT) SYSTEM Item #16D4 FY13 PROGRAM OF PROJECTS AND THE SUBMITTAL OF A GRANT APPLICATION THROUGH THE FTA TRANSPORTATION ELECTRONIC AWARD MANAGEMENT Page 238 June 11, 2013 (TEAM) SYSTEM FOR THE FTA, 49 U.S.C. § 5339 FY13 GRANT FUNDS ESTIMATED AT $353,562 — FOR THE MANAGEMENT OF THE COLLIER AREA TRANSIT (CAT) SYSTEM Item #16D5 SUBMITTAL OF A GRANT APPLICATION THROUGH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC AWARD MANAGEMENT (TEAM) SYSTEM FOR THE 2012/2013 FEDERAL HIGHWAY ADMINISTRATION (FHWA) FLEXIBLE FUNDS IN THE AMOUNT OF $1,186,055 — FOR IMPROVEMENTS TO THE CAT ADMINISTRATION, OPERATIONS & MAINTENANCE FACILITY LOCATED AT 8300 RADIO ROAD Item #16D6 — Continued to the June 25, 2013 BCC Meeting (Per Commissioner Nance during Agenda Changes) INVITATION TO BID (ITB) #12-5976 "GOLDEN GATE MSTU/MSTD GROUNDS MAINTENANCE" TO HANNULA LANDSCAPE & IRRIGATION INC — FOR ON-GOING MAINTENANCE OF LANDSCAPING AND IRRIGATION INSTALLED BY THE GOLDEN GATE MSTU WITHIN ITS BOUNDARY Item #16D7 INVITATION TO BID (ITB) #13-6090 "RADIO ROAD EAST MSTU ROADWAY LANDSCAPE MAINTENANCE" TO AFFORDABLE LANDSCAPING SERVICE & DESIGN, LLC — FOR ON-GOING MAINTENANCE OF LANDSCAPING AND Page 239 June 11, 2013 IRRIGATION INSTALLED BY THE RADIO ROAD EAST MSTU WITHIN ITS BOUNDARY Item #16D8 INVITATION TO BID (ITB) #13-6072 "VANDERBILT BEACH MSTU ROADWAY GROUNDS MAINTENANCE" TO FLORIDA LAND MAINTENANCE, INC. D/B/A COMMERCIAL LAND MAINTENANCE INC. — FOR ON-GOING MAINTENANCE OF LANDSCAPING AND IRRIGATION INSTALLED BY THE VANDERBILT BEACH MSTU WITHIN ITS BOUNDARY Item #16D9 INVITATION TO BID (ITB) #13-6092 PARKS AND RECREATION DEPARTMENT SOFTBALL OFFICIALS — PROVIDING OFFICIALS FOR THE ADULT SOFTBALL PROGRAM Item #16D10 PAYMENT OF A $10,902.38 INVOICE FOR THE PUBLIC'S USE OF SOVEREIGNTY SUBMERGED LANDS AT GOODLAND BOAT PARK AND SUBMITTAL OF THE 2012/2013 FLORIDA ANNUAL GROSS INCOME REPORTING FORM TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION — IN ORDER TO MAINTAIN GOODLAND BOAT PARK OPEN TO THE PUBLIC Item #16D11 Page 240 June 11, 2013 A BUDGET AMENDMENT IN THE AMOUNT OF $91,188 FOR CONTINUATION OF SERVICES AND GRANT FUNDS FOR YEAR 2 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RVSP) FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE — FOR THE SECOND YEAR GRANT PERIOD OF 7/1/2013 TO 6/30/14 Item #16D12 AN AMENDMENT TO THE FY2012-2013 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT TO REMOVE COMPLETION OF THE SHELTER EXPANSION — REMOVAL DUE TO UNFORESEEN CONSTRUCTION ISSUES AT THE REQUEST OF YOUTH HAVEN Item #16E1 THE PURCHASE OF GROUP LIFE INSURANCE, ACCIDENTAL DEATH INSURANCE, LONG TERM DISABILITY INSURANCE AND SHORT TERM DISABILITY CLAIMS ADMINISTRATION SERVICES IN THE ESTIMATED ANNUAL AMOUNT OF $721,811, A REDUCTION OF $212,642 — EFFF'ECTIVE AUGUST 1, 2013 Item #16E2 ACCEPTING GRANT PROCEEDS FROM THE WALMART COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF $500 FOR THE HUG-A-TREE PROGRAM AND A BUDGET Page 241 June 11, 2013 AMENDMENT — FUNDS FOR THE PURCHASE OF WHISTLES, LANYARDS, CRAYONS AMD MATERIALS TO EDUCATE CHILDREN ON HOW TO STAY SAFE IF LOST Item #16E3 — Reconsidered; Item continued to June 25, 2013 AMENDMENT NO. 08 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION PROGRAM AND THE NECESSARY BUDGET AMENDMENT — TO SUPPLEMENT DRIVER EDUCATION FOR PUBLIC AND PRIVATE HIGH SCHOOL STUDENTS Item #16E4 REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF APRIL 18, 2013 THROUGH MAY 22, 2013 Item #16F1 RESOLUTION 2013-121 : AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET Item #16F2 AN AMENDMENT TO THE DECEMBER 3, 2002 CONTRIBUTION AGREEMENT, RELATING TO THE SIERRA MEADOWS DEVELOPMENT, BY PROVIDING THAT IMPACT FEE CREDITS WILL RUN WITH THE LAND IN PERPETUITY, Page 242 June 11, 2013 INTEREST FREE, UNTIL USED OR ASSIGNED AND PROVIDING FOR ALLOCATION OF THE CREDITS AS REQUIRED BY THE AGREEMENT — PROVIDING UPDATED LANGUAGE AND IMPACT FEES IN THE AMOUNT OF THE AVAILABLE RESIDENTIAL CREDITS ($60,841.58) BE REFUNDED Item #16F3 AUTHORIZING THE CHAIRWOMAN, AS A MEMBER OF THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM, TO APPROVE THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., PROPOSED FY 2013/2014 BUDGET AS PROVIDED FOR IN THE WORKFORCE INVESTMENT ACT SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, AND THE COUNTY ATTORNEY TO PREPARE THE REQUIRED PROGRAM AGREEMENTS WITH HAYNES CORPORATION AND JL SOUTH PROPERTIES, LLC FOR THE FEE PAYMENT ASSISTANCE PROGRAM, JOB CREATION INVESTMENT PROGRAM AND THE JOB RETENTION INVESTMENT PROGRAM, CONSISTENT WITH THE COMPANY'S APPROVED INCENTIVE APPLICATION, FOR CONSIDERATION BY THE BOARD OF COUNTY Page 243 June 11, 2013 COMMISSIONERS AT A FUTURE MEETING — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 — Continued to the June 25, 2013 BCC Meeting (Per Agenda Change Sheet) STANDARD FORM LEASE AGREEMENT BETWEEN SOUTHERN ILLINOIS CUSTOM AERIAL, LLC AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR IMPROVED PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT Item #16H1 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE NAPLES PRESS CLUB LUNCHEON ON MAY 23, 2013. THE SUM OF $23 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H2 COMMISSIONER HILLER'S REIMBURSEMENTS REGARDING ATTENDANCE AT FUNCTIONS SERVING A VALID PUBLIC PURPOSE — CHILDREN'S ADVOCACY CENTER LUNCH MEETING, FEBRUARY 27, 2013, AUDUBON COUNTRY CLUB SPEAKER SERIES, MARCH 6, 2013, FGCU TOUR AND LUNCHEON, APRIL 3, 2013, NAPLES EQUESTRIAN CHALLENGE 3RD ANNUAL KENTUCKY DERBY PARTY, MAY 4, 2013, SCRIPPS HOWARD AWARD DINNER, MAY 9, 2013 AND GREATER NAPLES CHAMBER OF COMMERCE ANNUAL DINNER, MAY 17, 2013, TOTALING $319.25 Page 244 June 11, 2013 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF MAY 16, 2013 THROUGH MAY 22, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF MAY 23, 2013 THROUGH MAY 29, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 A SETTLEMENT AGREEMENT IN THE LAWSUIT ENTITLED LOWE'S HOME CENTERS, INC., V. KOHL'S DEPARTMENT STORES, INC., ET AL., FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 08-6373-CA) — RELATING TO THE INSTALLATION OF A MEDIAN BETWEEN THE PARCELS Item #16K2 ADVERTISING AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND ORDINANCE NO. 2007-44, AS AMENDED, THE "COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE." — RELATING TO THE SUPERIORITY OF A LIEN ON PROPERTY IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR THE SPECIAL MAGISTRATE Page 245 June 11, 2013 ****Commissioner Henning moved, and carried unanimously that the following items under the Summary Agenda be adopted w/changes **** Item #17A RESOLUTION 2013-122/DEVELOPMENT ORDER 2013-01: AMENDING RESOLUTION NO. 90-292 (DEVELOPMENT ORDER 90-3, AS AMENDED) FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD-OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE MONITORING REPORT REQUIREMENT; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND AIRPORT-PULLING ROAD IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION DOA- PL20130000492) Item #17B ORDINANCE 2013-43: AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 96-84, AS AMENDED (THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING Page 246 June 11, 2013 UNIT), TO INCORPORATE PROVISIONS TO FACILITATE IMPROVEMENTS TO THE RICH KING MEMORIAL GREENWAY WITHIN THE MSTU BOUNDARIES Item #17C ORDINANCE 2013-44: AMENDING ORDINANCE NO. 2001-73, THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE, TO PROVIDE CLARIFICATIONS, ADMINISTRATIVE CHANGES, AND CODIFICATION OF EXISTING COUNTY ORDINANCES Item #17D — Continued to the June 25, 2013 BCC Meeting (Per Commissioner Nance during Agenda Changes) APPROVE (1) AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 98-37, AS AMENDED; (2) A REVISED IRRIGATION QUALITY WATER POLICY; (3) STANDARDIZED AGREEMENTS FOR DELIVERY AND REUSE OF IRRIGATION QUALITY WATER FOR MAJOR USERS AND FOR BASIC USERS; AND, (4) A RESOLUTION AUTHORIZING THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE BOARD-APPROVED IRRIGATION QUALITY Page 247 June 11, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:35 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFJCIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL GEOR A. HILLER, ESQ, CHAIRWOMAN ATTEST :.- `'' DWIGHT E. BOCK, CLERK 14 r est as �`�'! '' to a. 4 signature only. These minutes approved by the Board on 3 U11 q I?) , as presented / or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 248