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BCC Minutes 06/25/2013 R BCC REGULAR MEETING MINUTES JUNE 25, 2013 June 25, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 25, 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 Fred Coyle Donna Fiala ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Derek Johnssen, Clerk's Assistant Finance Director Mike Sheffield, Business Operations Manager - CMO Troy Miller, Television Operations Manager Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 25, 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 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 June 25, 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. Rabbi Adam Miller - Temple Shalom 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. Page 2 June 25, 2013 D. May 28, 2013 - BCC/Regular Meeting E. June 4, 2013 - BCC /Impact Fees/Economic Development Incentive Workshop 3. SERVICE AWARDS - EMPLOYEE A. 20 Year Attendees 1) Barry Erickson, Water 2) Michael Patten, Road Maintenance 3) Susan Peck, Library B. 25 Year Attendees 1) David Becker, EMS 2) Franklin Chain, Road Maintenance 3) Lynn Evans, Fleet Management 4. PROCLAMATIONS A. Proclamation designating July 2013 as Bladder Cancer Awareness Month in Collier County. To be accepted by Carla L. Dean, President and James T. Dean, Jr., Treasurer, Bladder Cancer Foundation of Florida, Inc. Sponsored by Commissioner Coyle. B. Proclamation designating July 1, 2013 as Diane Flagg Day in Collier County in recognition of her retirement from Collier County Government after 32 years of service. To be accepted by Diane Flagg, Director, Code Enforcement Department. Sponsored by Commissioner Fiala and Commissioner Henning. 5. PRESENTATIONS Page 3 June 25, 2013 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS Item #8 and Item #9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Public Transit Ad Hoc Advisory Committee. B. Appointment of members to the Contractors Licensing Board. C. Appointment of member to the Black Affairs Advisory Board. D. Appointment of member to the Educational Facilities Authority. E. Appointment of member to the Industrial Development Authority. F. Appointment of member to the Airport Authority Advisory Board. G. Recommendation to accept the rankings from the Collier County Public Safety Authority for Request for Proposals (RFP) # 13 -6081 Medical Director and Deputy Medical Director and determine final action. H. Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), 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 the Southwest Florida Workforce Development Board, Inc., and authorize the CRA Chair to sign the attached lease agreement with an annual CRA rent expenditure of not -to- exceed $21,766.32. (750 South Fifth Street, Immokalee). (Commissioner Henning) This item was approved for reconsideration at the June 11, 2013 BCC meeting. Page 4 June 25, 2013 I. Recommendation to direct the County Manager to prepare and present a summary Inventory of Collier County capital assets that have had programmed maintenance or replacement that has been delayed or deferred due to lack of sufficient funding, together with an estimate of the expense and fiscal obligation that has been deferred in 2013 dollars. Inventory to list, identify, and break out detail of the delayed maintenance needs and projects, together with expense estimates for each category, including an itemization of any individual asset or system needing replacement or upgrade, or any aggregate maintenance project under a listed category estimated to cost in excess of $250,000. 11. COUNTY MANAGER'S REPORT A. Recommendation to accept report and recommendations regarding potential locations for radio controlled airplanes, boats and cars within the Collier County parks system. (Barry Williams, Parks and Recreation Director) B. This item to be heard at 11:00 a.m. Recommendation to 1) adopt a resolution authorizing additional disbursements under two existing State Revolving Fund loan agreements, as amended, with the State of Florida Department of Environmental Protection in an aggregate principal amount not to exceed $25,000,000 to refund a portion of the Collier County Water - Sewer District Water and Sewer Revenue Bonds, Series 2006; 2) Authorize the execution and delivery of two State Revolving Fund loan agreement amendments; and, 3) authorize the execution and delivery of an escrow deposit agreement with U.S. Bank National Association. (Joe Bellone, Utility Finance Operations Director) C. Recommendation to approve a resolution extending the "Impact Fee Program for Existing Commercial Redevelopment" to July 1, 2014, based on the continuing interest in the Program and the ongoing discussions related to commercial impact fees. (Amy Patterson, Impact Fee Manager) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the Circuit Court's Office regarding Audit Report 2013 -4 Parks and Recreation Page 5 June 25, 2013 Freedom Park Follow -Up Cash Review. 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), 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 the Southwest Florida Workforce Development Board, Inc., and authorize the CRA Chair to sign the attached lease agreement with an annual CRA rent expenditure of not - to- exceed $21,766.32. (750 South Fifth Street, Immokalee). 2) Recommendation for the CRA to approve relocating the Bayshore Gateway Triangle CRA office to 3570 Bayshore Drive, approve a 3- year office lease with 3570 Bayshore LLC, (Exhibit "C ") and authorize the CRA Chairman to sign the lease agreement. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule. ------------------------------------------------------------------------------------------------------------ 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 an Easement Agreement and Temporary Easement Agreement in order to acquire both a drainage easement Page 6 June 25, 2013 (Parcel No. 273DE) and a temporary construction easement (Parcel No. 273TCE) which are needed for construction of the Haldeman Creek and Crown Pointe weirs as part of the Lely Area Stormwater Improvement Project No. 51101 (1913). Estimated fiscal impact: $2,500 plus recording costs of less than $100. 2) Recommendation to approve the short-list of design professionals for RFP 913 -6085 and to enter into negotiations between Collier County and Kisinger Campo & Associates, Corp., for "Design & Related Services for the Vanderbilt Drive Bridge Replacements" ( #030177 & #030178) Project No. 66066. 3) Recommendation to approve a Mediated Settlement Agreement with property owner, Luis Pineros, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement, awarding compensation, inclusive of all fees and costs, in the amount of $54,900 for Parcel 204RDUE in the lawsuit styled Collier County v. Joseph Noel, et al., Case No. 07- 3200-CA (Oil Well Road Project #60044). (Fiscal Impact: $46,670). 4) Recommendation to approve an Agreed Order Awarding Expert Fees and Attorney Fees in connection with Parcels 111 FEE and 111 TCE in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project No. 60092 (Fiscal Impact: $14,000). 5) Recommendation to consider the annual traffic count payments as fulfilled within the Vineyards PUD based upon changes to the Land Development Code. 6) Recommendation to approve the release of lien in the amount of $74,080 for payment of $530, in the Code Enforcement Action entitled Board of County Commissioners vs. Irma Arrendondo, Code Enforcement Board Case Number CEPM20120001359, relating to property located at 1948 45th Terrace S.W., Collier County, Florida. 7) Recommendation to approve final acceptance of the private roadway and drainage improvements for the final plat of Veronawalk Phase 313, (AR -6688) with the roadway and drainage improvements being Page 7 June 25, 2013 privately maintained and authorize the County Manager, or his designee, to execute the attached resolution authorizing final acceptance of the improvements and acceptance of the plat dedications, and release of the maintenance security in the amount of $352,552. 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Regal Acres Phase One (Application PPLA- PL20130000314), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to award a contract for ITB No. 13 -6100, Annual Bid Stop Signs, to Municipal Supply and Sign Company. 10) Recommendation to approve the standard form Construction, Maintenance and Escrow Agreement for road and utility improvements required by the Hacienda Lake Planned Unit Development Ord. No. 11 -41. 11) Recommendation to recognize FY2013 -14 Transportation Disadvantage Planning Grant funding in the amount of $25,896 to the Collier Metropolitan Planning Organization from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. 12) Recommendation to approve and authorize the Chairwoman to sign a Maintenance Agreement between Collier County and Bent Creek Preserve LLC in order for them to maintain a future wet lake for the County and to indemnify the County in regards to the wet lake. 13) Recommendation to appoint Jennifer Hecker and Jeremy Frantz (Alternate) to the RESTORE Evaluation Committee as representatives of The Conservancy of Southwest Florida to replace the current representative Andrew McElwaine. Page 8 June 25, 2013 14) Recommendation to acknowledge and approve the "HITS Triathlon Series ", event to take place in Collier County on January 12 -13, 2014, including evening hours. 15) Recommendation to approve and authorize the Chairwoman to sign a Cost Share Agreement between Collier County and Forest Glen Golf & Country Club Homeowners Association in order to provide an interim access improvement into Forest Glen. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the CRA Board approve a budget amendment to reestablish funds to reimburse a CRA approved Commercial Building Improvement Grant. 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency, approve a Co- Sponsorship Agreement with the U.S. Small Business Administration (SBA), to co- sponsor Small Business Training Sessions with the Immokalee Business Development Center (IBDC) in Immokalee. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a work order under Request For Quotation #08- 5011 -94 in the amount of $355,500 to Haskins, Inc. for Irrigation Quality Water /Reuse Valve Replacement under North County Water Reclamation Facility Technical Support Project Number 73968. 2) Recommendation to approve and ratify staff s extension of Contract No. 11 -5749, "Electrical Upgrades at the South County Water Reclamation Facility," with Gulf States Electric, Inc., in order to process the Contractor's final invoice for work completed at the South County Water Reclamation Facility. 3) Recommendation to 1) adopt a Resolution authorizing the current refunding of the Collier County Water -Sewer District Water and Sewer Refunding Revenue Bonds, Series 200313; 2) authorize the issuance of Collier County Water -Sewer District Water and Sewer Page 9 June 25, 2013 Refunding Revenue Bond, Series 2013 in a principal amount not to exceed $18,000,000; and, 3) authorize the execution and delivery of escrow deposit agreement with The Bank of New York Mellon Trust Company, N.A. This action is taken pursuant to previous Board approval on June 11, 2013 of the refunding proposal from PNC Bank. 4) Recommendation to authorize a budget amendment in the total amount of $650,000 to fund planned water utility projects in the raw water wellfield, at the North County Regional Water Treatment Plant, and at the distribution repump stations, under Project Numbers 71066, 71067, and 70085. D. PUBLIC SERVICES DIVISION 1) Recommendation to recognize FY 2012/2013 Federal Transit Administration Section 5311 additional revenue in the amount of $36,657 requiring a 50% required match in the amount of $36,657 and authorize all necessary budget amendments. 2) Recommendation to approve the FY2013/14 Transportation Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged (CTD) in the amount of $853,953 with a local match of $94,875; to approve a resolution authorizing the Chairwoman of the Board of County Commissioner (BCC) to execute the agreement; and, authorize the required budget amendments. 3) Recommendation to approve the 2013 Annual Progress Report of the Collier County Transit Development Plan and authorize its submission to the Florida Department of Transportation (FDOT). 4) Recommendation to approve a budget amendment recognizing and appropriating $128,900 of unbudgeted carryforward in the Museum operating fund. 5) Recommendation to approve a grant application for a 3 -year Florida Department of Children and Families Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant that is part of the Victims Advocacy Organization (VAO) Grant Program for expansion of Drug Page 10 June 25, 2013 Court Programs (Fiscal Impact $1,707,183 over 3 years). 6) Recommendation to approve the after the fact submittal of the three attached project proposals to the Florida Department of Transportation (FDOT) for the State Discretionary Transit Service Development Program and State Park - and -Ride Lot Program for a total funding request of $1,600,000 ($800,000 of grant funds and $800,000 of local match). 7) Recommendation to award ITB #13 -6032 in the amount of $49,560 to FA Remodeling and Repairs, for cleaning and painting of the Roller Hockey Rink at Veterans Community Park and authorize the Board's Chairwoman to approve the attached County Attorney reviewed contract. 8) Recommendation to approve one (1) mortgage satisfaction for the State Housing Initiative Partnership (SHIP) loan in the amount of $2,500. 9) Recommendation to approve the adoption of the same Subordination Policy, forms and agreement currently used under the State Housing Initiatives Partnership (SHIP) Program for all future State, and Federal requests. 10) Recommendation to approve substantial amendments to the FY2010- 2011 and FY2012 -2013 Action Plans to clarify the project scope for Collier County Community Redevelopment Agency - Immokalee Business Development Center (IBDC), re- allocate unspent project funds for U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Partnership Investment (HOME) funds and approve any necessary budget amendments. 11) Recommendation to approve a Grant Agreement Amendment between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2010 Shelter Plus Care Program, Project Number FL0394C4DO61222 and accept Collier County Housing Authority's termination of a subrecipient contract in order to change the project sponsor from the County to Collier County Housing Page 11 June 25, 2013 Authority. 12) Recommendation to approve an amendment to the Administrative Plan for the Neighborhood Stabilization Program 1 (NSP 1) and the Neighborhood Stabilization Program 3 (NSP3). 13) Recommendation to approve amendments between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b /a Senior Choices of Southwest Florida to amend the contracted service years in the Community Care for the Elderly (CCE), Home Care for the Elderly (HCE) and Alzheimer's Disease Initiative (ADI) programs for FY2012/2013. 14) Recommendation to approve the First Amendment to Agreement with David Lawrence Mental Health Center, Inc. (DLC) for substance abuse and mental health services, which will revise the performance measurable goals contained in the Performance Outcome Report. 15) Recommendation to authorize reimbursement to the grantor agency, Senior Choices of Southwest Florida, in the amount of $318 for overpayment in the Home Care for the Elderly Grant Basic Subsidy stipend to a Collier County Senior's caregiver. 16) Recommendation to approve a budget amendment in the amount of $35,764.50 and recognize revenue generated from case management and case aide from the Medicaid Waiver program. 17) Recommendation to accept the donation of a Phillips Heartstart Automated External Defibrillator from the Collier County Senior Softball group for use by the Parks and Recreation Department. 18) Recommendation to award Invitation to Bid (ITB) #13 -6116 Shade Structure Replacement, to Sunmaster of Naples, Inc. to supply and install complete shade covers for the soccer and softball shade structures at North Collier Regional Park. 19) Recommendation to award Invitation to Bid (ITB) #12-5976 "Golden Gate MSTU/MSTD Grounds Maintenance" to Hannula Landscape & Page 12 June 25, 2013 Irrigation Inc. 20) Recommendation to award Invitation to Bid (ITB) #13 -6079 Veterinary Medicine and Supplies, to Merritt Veterinary Supplies Inc.; authorize staff to purchase any item not immediately available from Merritt Veterinary Supply, Inc. per Purchasing Policy; and authorize staff to participate in manufacturer's animal shelter discount programs. 21) Recommendation to approve and execute the documents necessary to convey two easements to Florida Power & Light Company on County property at the Gordon River Greenway Park; Project No. 80065.1. 22) Recommendation to approve and execute the documents necessary to convey an easement to Lee County Electric Cooperative, Inc. on County property at the Immokalee South Park; Project No. 800851. 23) Recommendation to approve the Memorandum of Agreement (MOA) between the Florida Commission for the Transportation Disadvantaged (CTD) and the Collier County Board of County Commissioners (BCC) for continued funding of the Transportation Disadvantaged (TD) Paratransit Program. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to authorize a budget amendment recognizing unanticipated revenue of $50,000 in Fund 188, the 800 MHz Intergovernmental Radio Communication Program (IRCP) and appropriate the revenue for radio system maintenance expenses. 2) Recommendation to approve agreements for Request for Proposal (RFP) #13 -6099 Commercial and Residential Real Estate and Property Management and authorize the Chairwoman to execute the contracts with Commercial Real Estate Consultants LLC and Premiere Plus Realty Co. 3) Recommendation to approve the purchase of flood insurance effective July 1, 2013 in the estimated amount of $105,183. Page 13 June 25, 2013 4) Recommendation to authorize the purchase of American Power Conversion (APC) power and cooling equipment maintenance agreements from GovConnections, Inc., utilizing the State of Florida Contract #250- 000 -09 -1. 5) Recommendation to accept the Emergency Management Preparedness and Assistance Grant in the amount of $105,806 for program enhancement and approve the associated budget amendment. 6) Recommendation to approve a Federally Funded Subgrant Agreement and other documents required to accept the annual Emergency Management Preparedness and Assistance Grant (EMPG), in the amount of $97,123 for emergency management planning, response, and mitigation efforts and to authorize the necessary budget amendment. 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 refunds of Affordable Housing Contributions to The Mercato, LLP in the amount of $286,867 and to GMRI, Inc. in the amount of $5,094.50, due to the removal of an Affordable Housing Contribution commitment from the Mercato Mixed Use Planned Use Development. 3) Recommendation to approve refunds of Affordable Housing Contributions to Sembler Family Partnership #41, Ltd. in the amount of $40,000, and to Bank of America, NA in the amount of $2,286.50, due to the removal of an Affordable Housing Contribution commitment from the Brooks Village Commercial Planned Use Development. 4) Recommendation to approve a refund of an Affordable Housing Contribution to Scripps Media, Inc. totaling $55,587, due to the removal of an Affordable Housing Contribution commitment from the Page 14 June 25, 2013 Naples Daily News Business Park Planned Unit Development. 5) Recommendation to approve a Release of Lien for Jasmine Cay Associates Ltd. for the Jasmine Cay Apartments, due to the impact fees being paid in full in accordance with the terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. 6) Recommendation to approve a budget amendment in the amount of $5,200 from the Court Administration Fund (68 1) to the Teen Court Fund (171). G. AIRPORT AUTHORITY 1) This item continued from the June 11, 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. 2) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve and authorize the Airport Authority's Executive Director to execute the attached Temporary Commercial Aeronautical Use Agreement with BAE Systems to utilize a portion of the aircraft apron at the Marco Island Executive Airport from July 19 through July 31, 2013. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 30, 2013 through June 5, 2013 and for submission into the official records Page 15 June 25, 2013 of the Board. 2) To obtain Board approval for disbursements for the period of June 6, 2013 through June 13, 2013 and for submission into the official records of the Board. 3) Recommendation to designate the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FYI Local Standard grant, authorize the electronic submission of the application, accept the grant when awarded, approve associated budget amendments and approve the Collier County Sheriff s Office to receive and expend 2013 JAD Standard grant funds. K. COUNTY ATTORNEY 1) Recommendation to direct the County Attorney to advertise two ordinances which would effectively merge the Environmental Advisory Council (EAC) into the Collier County Planning Commission (CCPC). 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 hearinLy be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- Page 16 June 25, 2013 PL20130000515, to disclaim, renounce and vacate the County and the public interest in a portion of a 12.5 -foot wide Drainage Easement, being a part of Lot 39, Block KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida, also being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC - PL20130000583, to disclaim, renounce and vacate the County and the public interest in a 20 -foot wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34 through 39 of the Public Records of Collier County, Florida, also being a part of Section 13, Township 51 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A, and accept the grant of a replacement easement. C. Recommendation to consider a Resolution affirming that a sporting goods store is a comparable and compatible use within the commercial plan designated areas of the Tollgate Commercial Center Planned Unit Development, as authorized in Section 3.3.A.(n) of Ordinance 92 -10 as amended. The subject property is located in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (ZLTR- PL20130000494) D. Recommendation to consider a Resolution affirming that manufacturing of small arms and small arms ammunition are comparable and compatible uses within the industrial development designated areas of the White Lake Industrial Corporate Park Planned Unit Development as authorized in Section 3.2.A.36) of Ordinance 01 -59 as amended. The subject property is located in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (ZLTR- PL20130000495) E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a private school and a childcare center within a Rural Agricultural zoning district pursuant to Subsections Page 17 June 25, 2013 2.03.01 .A. l .c.10 and 2.03.01 .A. l .c.11., respectively, of the Collier County Land Development Code for property located in Section 9, Township 48 South, Range 25 East, Collier County, Florida. (Petition # CU- PL20120001074) F. 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 No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning property from the Planned Unit Development zoning district known as the Veterans of Foreign Wars PUD to the Estates (E) zoning district for property located at 7071 Hunters Road in Section 6, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5 +1- acres; providing for repeal of Ordinance No. 75- 29, the Veterans of Foreign Wars PUD; and by providing an effective date. [Petition RZ- PL20130000049] G. Recommendation to consider an Ordinance amending Ordinance Number 2010 -28, the Meridian Village MPUD, to allow as permitted uses a youth center and other uses comparable to the permitted uses in this PUD. The property is located at the northwest corner of the intersection of Airport- Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida, consisting of 11.68 acres; and by providing an effective date. (PUDA- PL20130000886) H. This item continued from the June 11, 2013 BCC Meeting. 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. I. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget. Page 18 June 25, 2013 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 19 June 25, 2013 June 25, 2013 MR. OCHS: Madam Chair, you have a live mike. Ladies and gentlemen, please take your seats. CHAIRWOMAN HILLER: Good morning. I'd like to call the meeting to order. We'll begin with the invocation led by a rabbi from Temple Shalom, and then I'd like to ask the county manager to lead us in the pledge. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE RABBI MILLER: Thank you, Commissioners, for inviting me back to offer words of inspiration and invocation on this morning. I would share with you this piece by an anonymous author entitled "The Measure of a Man." Not how did he die, but how did he live. Not what did he gain, but what did he give. These are the units to measure the worth of a man as a man regardless of birth. Not what was his shrine nor what was his creed, but had he befriended those really in need. Not what did the sketch in the newspaper say, but rather how many were sorry when he passed away. I know that many here are sorry and have heavy hearts following the recent and sudden passing of Tom Kuck, a long-time county engineer. Native of Ohio, Tom spent 35 years here in Naples. His work and his dedication earned him multiple Civil Engineer of the Year awards, a testament to his desire to excel at his craft. Survived by his devoted wife, Janet, of 54 years, Tom enjoyed spending his time outdoors, hunting and fishing. A gentleman of the highest order, Tom's honesty and genuine nature touched so many. Friends, our goal in life is that we should not say that life was good to us but rather that we were good to life. Tom was good to life in so many ways. He was good to those who were fortunate enough to Page 2 June 25, 2013 know him and those who benefited from his wonderful work here in our community. May Tom Kuck's memory be an inspiration and lesson for each of us as we pray that our County Commissioners, all those who work for Collier County, indeed all of those who live here, find the wisdom and strength of spirit necessary for us to be good to life. May we make the world a better place than the way that we found it, and may it be said of each of us, as it is said of Tom, that the world is better because we were a part of it. Amen. (The Pledge of Allegiance was recited in unison.) MR. OCHS: Madam Chairman, if I may just depart from our agenda for a moment and thank Rabbi Miller for those very thoughtful and kind remarks. On behalf of a member of our county extended family who we lost suddenly, Tom Kuck, on Father's Day, I would simply like to, again, acknowledge on behalf of the county staff our admiration for Tom and the contributions that he made to the Collier County community over his many, many years of service, not only serving county government and its residents, but all of the associations and civic activities that he was engaged in during his career and his life. He was a great friend and a mentor to many of us here over the time that he served this county with distinction, and we are proud and grateful for his service and would like to ask everyone here to just have one moment of silence in Tom's memory while we show some of the photos from his life and work here at Collier County. (Slide show presented.) Thank you, Madam Chair. CHAIRWOMAN HILLER: Thank you, Leo, Rabbi. Thank you both for your very thoughtful and caring words about Tom. We will miss him. And I know, speaking on behalf of the board, how much we appreciate all he has done for the county and for the community as Page 3 June 25, 2013 a whole, and he'll be sorely missed but long remembered. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. MR. OCHS: Madam Chair, if I may proceed with -- CHAIRWOMAN HILLER: Yes. But before you proceed, Leo, it's with great regret that I congratulate you on the win of the Blackhawks over the Bruins. MR. OCHS: Well, thank you, Madam Chair. CHAIRWOMAN HILLER: And for all of us who know that Boston will always be better than Chicago, I will humble you today -- or humble myself with respect to you today and agree to wear this Blackhawks baseball (sic) cap, but -- COMMISSIONER COYLE: Baseball? CHAIRWOMAN HILLER: I'm sorry, baseball. I'm sorry. I'm already into the next sport. I just want you to know, let me tell you, when it comes to -- COMMISSIONER COYLE: There's basketball season. CHAIRWOMAN HILLER: No, I don't like basketball. I love baseball. Baseball, Boston's going to win. Okay. I'm just telling you right now, Boston is going to win. But today I will wear this cap except when it comes to important agenda items when I will take it off. So just so the audience knows, I congratulate you. MR. OCHS: Well, thank you, ma'am. CHAIRWOMAN HILLER: I'm choking, but I'm congratulating you. COMMISSIONER FIALA: She's a good sport, right? I think that's so cool. MR. OCHS: The one correction was you said the Chicago Blackhawks. It's actually 2013 Stanley-Cup-Winning Chicago Blackhawks. Thank you very much. CHAIRWOMAN HILLER: County Manager, you're out of order. You're out of order. Silence. I can't take it anymore. Page 4 June 25, 2013 Nick, are you okay? MR. OCHS: Nick, ma'am, has a hat back there I think he should put on as well, since he's a Boston fan. CHAIRWOMAN HILLER: Can I have the tissues? COMMISSIONER FIALA: You can. MR. OCHS: Come on, Nick. CHAIRWOMAN HILLER: Nick? Nick? Nick? Nick, we'll share. We'll share. MR. OCHS: Very nice. CHAIRWOMAN HILLER: And Flanagan, Flanagan, wherever you are -- COMMISSIONER NANCE: Flanagan's incapacitated in the backroom there somewhere. MR. OCHS: Curled up in the fetal position. COMMISSIONER NANCE: I know. CHAIRWOMAN HILLER: All right. Go ahead. MR. OCHS: All right. Thank you, Madam Chair. Let me move along here and go through the proposed agenda changes for the Board of County Commissioners' meeting of June 25, 2013. The first proposed change is to add an Item 10J under Board of County Commissioners. It's a recommendation for the board to consider the chairwoman sending a letter to the regulatory agencies responsible for the permitting and regulation of oil exploration and oil extraction operations in Collier County. That is added to the agenda at Commissioner Nance's request. The next proposed change is to withdraw Item 16D4. It's a recommendation to approve a budget amendment for the museum operating fund. That is moved at staffs request, and we'll be bringing that back to the board at the next meeting. The next proposed change is to withdraw Item 16G1, and that would be continued -- excuse me. That item was continued from the Page 5 June 25, 2013 June 11th BCC meeting. It is withdrawn at the request of the airport authority staff. The next proposed change is to move Item 16K1 from the county attorney consent agenda to become Item 12A under county attorney regular agenda, and that is an item directing the county attorney to advertise ordinances to merge the Environmental Advisory Council and the Collier County Planning Commission. We have one agenda note this morning Commissioners, Item 16G2. It's a temporary use agreement at the Marco Island airport. There's an add-on phrase to the use agreement itself in Paragraph 5 that should read as follows: Hazardous materials -- and this is add-on -- other than those that are incorporated in the test payloads as identified in BAE Systems letter dated May 1, 2013, are strictly prohibited, and that is added at the request of your airport authority staff. And, finally, you have three time-certain items on today's agenda. The first item is at 11 a.m. having to do with a refunding of water and sewer revenue bonds; at 11:30 a.m. you're scheduled to hear the internal audit report from the Clerk of the Circuit Court regarding the Freedom Park; and at 1:30 this afternoon you're scheduled to hear Item 10G regarding the selection of a medical director and a deputy medical director. Those are all the changes that I have, Madam Chair. CHAIRWOMAN HILLER: Thank you. Any discussion on the changes being proposed? COMMISSIONER HENNING: Just the time-certains. I'm not sure if we're going to really -- necessary for us to be here at 1:30, if -- CHAIRWOMAN HILLER: Are you thinking of scheduling -- what would you like to do, Commissioner Henning? COMMISSIONER HENNING: Let's just -- CHAIRWOMAN HILLER: We have a lot of public speakers on oil and gas, which might take some time, and I'm not sure if we'll be Page 6 June 25, 2013 able to get everything done. COMMISSIONER HENNING: Okay. Well, we can just take an extra lunch if we get done before noon. Come back at 1:30. CHAIRWOMAN HILLER: You know, you're absolutely right, you're absolutely right. We could do that. COMMISSIONER FIALA: And I believe that the people that are involved with the medical director have already been told. I actually told a number of them that it was 1 o'clock; that's what I'd heard yesterday. And now it says 1:30, but I think that they're lining up people to come, so we're going to have to be here to hear them. CHAIRWOMAN HILLER: Yeah. 1:30 is the time for the presentation on the selection of the medical director, for anyone who's listening as we're setting the agenda, not 1 o'clock. COMMISSIONER FIALA: Yeah, I don't know how -- that changed from when Leo was in my office, I guess, so -- which is fine. CHAIRWOMAN HILLER: Leo, let's go ahead, unless Commissioner Nance would like to talk to 10J that he added to the agenda to make sure that everybody understands what your objective is with respect to that. COMMISSIONER NANCE: Yes. I requested this add-on item to make certain that we convey our request to the regulatory agency, specifically the State of Florida Department of Environmental Protection and the South Water Management District, and the language I requested is that they review very carefully and judiciously the comments and concerns of Collier County property owners and affected citizens regarding the permitting of oil exploration and oil well extraction operations in the vicinity of residential properties. And, further, to request that they establish direct communication protocol with Collier County regarding all safety environmental monitoring, emergency response, and all public health and safety issues that may arise should any permits for drilling and extraction be issued in our county. Page 7 June 25, 2013 So that will be under consideration for the board under 10J. CHAIRWOMAN HILLER: Any discussion on that? (No response.) CHAIRWOMAN HILLER: There being no discussion, County Manager, could you move to the approval of the agenda and minutes, please. 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 MR. OCHS: Yes, ma'am. Item 2A is approval of today's consent agenda as amended. COMMISSIONER HENNING: Madam Chair, I have no ex parte communication. I'll make a motion to approve the consent. CHAIRWOMAN HILLER: Thank you. Let me continue with the ex parte. Commissioner Nance? COMMISSIONER NANCE: I have no ex parte, and I will second Commissioner Henning's motion. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I have no ex parte on the consent agenda, and I'm in favor of the motion. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: I have nothing to declare on the consent agenda either. CHAIRWOMAN HILLER: Thank you. I have nothing to declare on consent. There being no discussion, all in favor? Page 8 June 25, 2013 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) 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 MR. OCHS: 2B is approval of today's summary agenda as amended. CHAIRWOMAN HILLER: Let's begin with ex parte. Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I have ex parte communication on 17E and 17F, and those are the staff reports on both those items. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: And I will make a motion to approve the summary agenda as amended. CHAIRWOMAN HILLER: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. Likewise, I have read the staff reports on 17E and 17F, and I will second Commissioner Henning's motion. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: My ex parte disclosure's also on 17E and 17F. I have read the staff reports applicable to two items. CHAIRWOMAN HILLER: Commissioner Fiala? Page 9 June 25, 2013 COMMISSIONER FIALA: Yes, I have the same, 17E and 17F. I received those reports. I have to go back just one minute and say on the consent agenda, 16A8, I'm sorry I didn't see this before. I did receive some emails on that particular item, 16A8. Okay. And as I said, I've received the staff reports on 17E and 17F. CHAIRWOMAN HILLER: And I have received the staff reports on 17E and F. I also had meetings with the property owner with respect to 17K and with Club Pelican Bay as it relates to 17H. There being no further discussion, all in favor of the summary 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 APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: 2C is approval of today's regular agenda as amended. COMMISSIONER HENNING: Move to approve as amended. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? Page 10 June 25, 2013 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Page 11 Proposed Agenda Changes Board of County Commissioners Meeting June 25,2013 Add On Item 10J: Recommendation for the Board of County Commissioners to consider authorizing the Chairwoman to send a letter to regulatory agencies responsible for the permitting and regulation of Oil Exploration and Oilwell Extraction operations in Collier County. (Commissioner Nance's request) Withdraw Item 16D4: Recommendation to approve a budget amendment recognizing and appropriating$128,900 of unbudgeted carryforward in the Museum operating fund. (Staff's request) Withdraw Item 16G1: This item continued from the June 11, 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) Move Item 16K1 to Item 12A: Recommendation to direct the County Attorney to advertise two ordinances which would effectively merge the Environmental Advisory Council(EAC) into the Collier County Planning Commission (CCPC). (Commissioner Nance and Commissioner Fiala's separate requests) Note: Item 16G2 Temporary Commercial Aeronautical Use Agreement,third sentence of paragraph 5 should read: "Hazardous materials,other than those that are incorporated in the test payloads as identified in BAE Systems letter dated Mav 1,2013,are strictly prohibited." (Airport Authority staff request) Time Certain Items: Item 11B to be heard at 11:00 a.m. Item 13A to be heard at 11:30 a.m. Item 10G to be heard at 1:30 p.m. 6/25/2013 8:28 AM June 25, 2013 Item #2D MINUTES FROM MAY 28, 2013, REGULAR BCC MEETING — APPROVED AS PRESENTED MR. OCHS: 2D is approval of the regular meeting of the Board of County Commissioners from May 28, 2013. COMMISSIONER HENNING: So moved. 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 #2E MINUTES FROM JUNE 4, 2013, BCC/IMPACT FEES/ECONOMIC DEVELOPMENT INCENTIVE WORKSHOP — APPROVED AS PRESENTED MR. OCHS: 2E is approval of the workshop minutes of the June 4, 2013, BCC workshop regarding impact fees and economic development incentives. CHAIRWOMAN HILLER: Any discussion? COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 12 June 25, 2013 CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Madam Chair, that takes us to service awards. We have several service-award recipients to recognize this morning. If the board would join us in the front of the dais, please. CHAIRWOMAN HILLER: Leo, with or without the Blackhawks hat, please? MR. OCHS: You better take it off for now. CHAIRWOMAN HILLER: Okay. I just -- I mean -- MR. OCHS: There may be a Bruins fan getting recognized, so we don't want to embarrass them. CHAIRWOMAN HILLER: Yeah, that would be really cruel. Item #3A EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEES MR. OCHS: Commissioners, we're pleased to acknowledge three employees this morning celebrating 20 years of service with county government. Our first 20-year service awardee from your water department is Barry Erickson. Is Barry here? (Applause.) CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Thanks for all your service. COMMISSIONER COYLE: Congratulations. COMMISSIONER HENNING: Thank you for your service. COMMISSIONER NANCE: Thank you, sir. MR. OCHS: Get a photo. Very good. Page 13 June 25, 2013 (Applause.) MR. OCHS: Thanks, Barry. Celebrating 20 years of service with road maintenance, Michael Patten. (Applause.) CHAIRWOMAN HILLER: Congratulations. Thank you for all your service. COMMISSIONER HENNING: Nice to see you. COMMISSIONER FIALA: Thanks for your service. COMMISSIONER COYLE: Thanks for your service, Mike. (Applause.) MR. OCHS: Celebrating 20 years of service with our library department, Susan Peck. (Applause.) CHAIRWOMAN HILLER: Congratulations. Thank you for your service. MS. PECK: Thank you. COMMISSIONER HENNING: Thank you. MS. PECK: Thanks. COMMISSIONER NANCE: Thank you. COMMISSIONER FIALA: Which library? MS. PECK: Central Avenue. COMMISSIONER FIALA: That's great. That's a busy little place. MS. PECK: It is. COMMISSIONER FIALA: They all are. COMMISSIONER COYLE: Congratulations. (Applause.) Item #3B EMPLOYEE SERVICE AWARDS — 25 YEAR ATTENDEES Page 14 June 25, 2013 MR. OCHS: Commissioners, we're proud to recognize three employees this morning celebrating 25 years of service with county government. Your first recipient, from EMS, is Dave Becker. Dave? (Applause.) CHAIRWOMAN HILLER: Thank you for all you've done for the county. COMMISSIONER FIALA: Thanks. COMMISSIONER COYLE: Dave, congratulations. COMMISSIONER NANCE: Thank you, sir. (Applause.) MR. OCHS: Celebrating 25 years with our road maintenance department is Franklin Chain. (Applause.) CHAIRWOMAN HILLER: Congratulations. Do you support the Blackhawks or the Bruins? MR. CHAIN: Neither. CHAIRWOMAN HILLER: That's the most diplomatic answer. Congratulations. Thanks for all you've done for the county. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER COYLE: Congratulations. (Applause.) MR. OCHS: Congratulations. Well done. Our final 25-year service awardee this morning, from our fleet management department, is Lynn Evans. Lynn? (Applause.) CHAIRWOMAN HILLER: Congratulations. MR. OCHS: Congratulations. Thank you. (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. Page 15 June 25, 2013 Item #4 PROCLAMATIONS (ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS) Item #4A PROCLAMATION DESIGNATING JULY 2013 AS BLADDER CANCER AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY CARLA L. DEAN, PRESIDENT AND JAMES T. DEAN, JR., TREASURER, BLADDER CANCER FOUNDATION OF FLORIDA, INC. — ADOPTED MR. OCHS: Madam Chair, that takes us to Item 4 this morning, proclamations. Item 4A is a proclamation designating July 2013 as Bladder Cancer Awareness Month in Collier County. To be accepted by Carla Dean, president, and James Dean, Jr., treasurer, the Bladder Cancer Foundation of Florida, Incorporated. And this proclamation is sponsored by Commissioner Coyle. If you'd please step forward and receive your proclamation. (Applause.) CHAIRWOMAN HILLER: Thank you. Thank you for all you're doing. COMMISSIONER FIALA: It's good you've brought this awareness to our community. Thank you. COMMISSIONER COYLE: Congratulations. Thank you. COMMISSIONER FIALA: Picture first, though. You want Jim here, too. CHAIRWOMAN HILLER: Yeah. Jim, why don't you come on up. No? MS. DEAN: He's shy. Page 16 June 25, 2013 Thank you. Madam Chairman, Mr. Vice Chairman, and Commissioners, you're in very good company this morning with this proclamation because Florida, for the second year in a row, has declared Bladder Cancer Awareness Month for July 2013. We're the only state in the United States to have done so. As the proclamation says, our statistics are quite staggering. Bladder cancer is the fifth most common cancer in the United States and the third most common in the State of Florida, so it's most important for this awareness. I thank you on behalf of Bladder Cancer Foundation of Florida, the over half million United States citizens who are suffering with bladder cancer as of this moment, the over 73,000 people who will be diagnosed in 2013, and the 14,000 Americans who will die from bladder cancer this year. Especially important is the staggering 50 to 80 percent recurrence rate. This makes it one of the most expensive cancers to treat and maintain. My husband's supplies alone quarterly are almost $3,000, but we're glad he needs to use them because he's still alive. At this point in time, our vice president of our nonprofit organization, who was diagnosed approximately two years ago, followed all of the proper protocols, had clean bills of health every three months, within a three-month period of time, from April until recently, he developed a 2.5-centimeter bladder cancer tumor that was muscle invasive. Within the next month, Ed will have a partial removal of his urinary bladder in the hopes -- pardon me. I lost my words. Electronic age is good, but -- he will have a partial cystectomy or removal of his urinary bladder in the hopes of maintaining and keeping the cancer at bay. Believe it or not, he is among only the 5 percent who qualify for this type of surgery. Normally it's the entire bladder is removed. Page 17 June 25, 2013 What causes bladder cancer? We know that smoking does, combined with certain chemicals; firefighters are at a higher risk due to their chemical exposures; hair dressers, due to their exposure to the chemicals they use, mostly hair coloring; and we're finding more and more Vietnam veterans who have been exposed to herbicides, the Asian Orange umbrella that is numerous chemicals, not just Asian Orange. Some patients who get bladder cancer have never had any exposure risk, so there's the rub. Interestingly, even with its economic and emotional tolls, bladder cancer is only 22nd in research dollars allotted. We can do better than this. We have to do better than this. It is only through bladder cancer awareness through proclamations such as this that patients will become aware that they need to be proactive and encourage their doctors if they have nonspecific bladder symptoms. People are often treated for a year, two, and I know of a lady who was treated for three years and, lo and behold, it wasn't a urinary tract infection. It was bladder cancer. She lost her bladder. So if you have urinary tract bleeding, vague symptoms, pain on urination, or trying to urinate without results, encourage your doctor to pursue further testing. It may well not be bladder cancer but, then again, it might just be. So, again, we thank you. On another note, I'd like to recognize my husband, Jim Dean, who is a stage-four bladder cancer survivor here in the audience. So we're very glad. (Applause.) MS. DEAN: Thank you again. CHAIRWOMAN HILLER: Thank you. Item #4B Page 18 June 25, 2013 PROCLAMATION DESIGNATING JULY 1, 2013 AS DIANE FLAGG DAY IN COLLIER COUNTY IN RECOGNITION OF HER RETIREMENT FROM COLLIER COUNTY GOVERNMENT AFTER 32 YEARS OF SERVICE. ACCEPTED BY DIANE FLAGG, DIRECTOR, CODE ENFORCEMENT DEPARTMENT — ADOPTED MR. OCHS: Commissioners, Item 4B is a proclamation designating July 1, 2013, as Diane Flagg Day in Collier County in recognition of her retirement from Collier County Government after 32 years of service. To be accepted by Diane Flagg, director of the code enforcement department. This item is sponsored by both Commissioner Fiala and Commissioner Henning. Diane, please step forward. (Applause.) COMMISSIONER FIALA: Are we able to say a few words about Diane? Because you're not going to say it. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: I would just like to say that Diane has been instrumental in helping us -- she and her whole team. She didn't do it by herself. She did it with all of you working with her to improve the appearances of our neighborhoods, to reduce crime in many of the neighborhoods. She's also established the Foreclosure Task Force, which encouraged banks to come in on houses that have been abandoned and clean them up. Rather than the taxpayers paying for it, the banks did, and that was her idea, which, by the way, then she's been asked to speak about in other counties around the State of Florida and further out. And I just want to say she has been a miraculous, hard-working individual that I truly am proud to know. Thank you. MS. FLAGG: Thank you. Page 19 June 25, 2013 MR. KRASOWSKI: Superwoman. MS. FLAGG: Commissioners, I just wanted to thank you for this proclamation and, actually, I see all the departments that I had the opportunity to work with, with alternative transportation modes, the landscape team, and then also EMS. So thank you very, very much for the many opportunities that you gave me in my career with Collier County. Thank you. (Applause.) COMMISSIONER HENNING: Madam Chair, may I make a friendly amendment to today's proclamations, that the board sponsors -- all the board members sponsor the proclamations today, particularly the second one. Diane Flagg is truly a public servant that has made changes in Collier County that will affect people in a positive way from now on, including Land Development Code amendments protocol and EMS. Outstanding job. CHAIRWOMAN HILLER: Would you like to make a motion to approve as amended? COMMISSIONER HENNING: Motion to approve as amended. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? COMMISSIONER FIALA: Yeah. I just want to say, thank you, Commissioner Henning. That was a great idea, and I certainly support that. MR. OCHS: Yes, sir. Thank you, Commissioner. Diane asked if it wouldn't be a big inconvenience if she could have one more photo. She's got her family here and all of the folks that she's worked with over the years. If they could have one photo with the board in front of the dais. COMMISSIONER HENNING: Absolutely, yeah. CHAIRWOMAN HILLER: Absolutely. MR. OCHS: Come on forward, Diane. Page 20 June 25, 2013 CHAIRWOMAN HILLER: Can we go ahead and vote on this first since we're in the middle of a vote? MR. OCHS: Thank you, ma'am. 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: Motion carries unanimously. MR. OCHS: Thank you. Come on up. COMMISSIONER COYLE: It's going to be the whole audience. (Applause.) CHAIRWOMAN HILLER: We're going to just take a minute to allow the room to clear. Leo, I have a question before we move on to the next agenda item. Did we ever recognize the contribution to the community that Marla Ramsey made and Stan Chrzanowski made? MR. OCHS: Not individually, ma'am. CHAIRWOMAN HILLER: I would like us to do that. You know, we've had a number of long-standing major contributors of our staff. So at the next board meeting, I'd like you to add three proclamations, as we did for Diane, recognizing the contributions of Tom Kuck, Stan Chrzanowski, and Marla Ramsey. And I'd like to ask that all of them be invited to accept. And if they're not able to attend, I think that we should still proceed with the presentation. I think it's very important that employees that have worked for the county for a long time be publicly recognized for their contributions. MR. OCHS: Commissioners, would you -- CHAIRWOMAN HILLER: Thank you. Page 21 June 25, 2013 MR. OCHS: I'd be happy to do that. CHAIRWOMAN HILLER: Thank you. I would appreciate that. And just like we did for Diane, I really think that that ought to come as a proclamation from the entire board. Thank you. MR. OCHS: Okay. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Commissioners, there are no presentations or public petitions this morning, so that takes us to Item 7 on your agenda, public comments on general topics. MR. MILLER: Madam Chairwoman, yeah, we have 21 registered public speakers for public comment. Now, 18 of those seem to be for oil. I have had additional speakers register for oil under Item 10J as well. CHAIRWOMAN HILLER: What we don't want to have is a repetition of the same comments. So if anyone who is commenting would like to limit their comments to one item or the other, like consolidate, we would appreciate that. MR. MILLER: Yeah. No, these are separate names. Oh, they're completely separate? MR. MILLER: They have not registered for both. As 10J was added to the agenda, I think some people that were registering later on registered for 10J rather than public. CHAIRWOMAN HILLER: As opposed to public comment? MR. MILLER: Yes. CHAIRWOMAN HILLER: Okay, that's fine. What I'd like to do is begin with the public speakers who are not addressing oil and gas, and then prior to the public speakers speaking to oil and gas, I would ask the county attorney if he would kindly state Page 22 June 25, 2013 on the record what the law provides, what the county's duties and responsibilities are with respect to this issue before the speakers begin their presentation. And what I would ask the speakers is if you could not repeat the same thing a previous speaker said. You know, once it's on the record, you can say that you endorse what the previous speaker stated as opposed to repeating it, you know, over and over again, because it doesn't really add any more value. Once the statement is made, it's understood and accepted by the board. So we would really appreciate that. And for those of you who don't know, you have three minutes with respect to public comment. Would you like to go ahead and begin with the non-oil and gas speakers? MR. MILLER: Sure. Certainly, Madam Chairwoman. Your first public speaker is Meg Stepanian. She will be followed by Bob Krasowski. MS. STEPANIAN: Good morning, Chairwoman Hiller and fellow commissioners. I sort of missed the moment here a little bit, but I'm grateful for this opportunity, and I would like to extend my thanks to the entire board for its acknowledgment of the career achievements of Ms. Diane Flagg and for giving members of our community the opportunity through this proclamation to thank her for her extraordinary service and commitment that she has imparted to Collier County. Ms. Flagg's tenure has been diverse, and remarkable. For more than three decades, though, the one constant has been her unwavering, professional, personal, perseverance in support of the well-being of our community. Whether it was through her service in EMS, transportation, code enforcement or, thankfully, the continuing chair of the Collier County Economic Recovery Task Force, she has Page 23 June 25, 2013 promoted the interests of and expanded the growth for our county. As a businesswoman and member of this community, I wish to extend my personal thanks to Diane Flagg for her unconditional devotion, commitment, and stewardship. July 1 will forever remain a special date. Thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) MR. MILLER: Your next public speaker is Bob Krasowski. He'll be followed by Michael Schumann. MR. KRASOWSKI: Good morning, Commissioners. For the record, Bob Krasowski. I'll be speaking later about the oil thing. I sympathize with the people there, but they're here to represent themselves, and I don't think they need me to tell them what to say. I've heard them at the public meetings Commissioner Nance and they themselves had. But I'm here -- I was hoping, as I had requested, that the beach renourishment issue would be on the agenda today. You've received a response to your request for proposals, a bid of $32 million, and only one bid. Though you have followed the advice of a few proponents of what is -- was proposed as a 10-year plan, a grand scheme of putting a whole lot of sand on the beach in a big period -- large period of time -- and I admit, hindsight is 20/20, but your -- people like your Coastal Advisory Council headed by Mayor Sorey, the Tourist Development Council, and the people there, and also your Coastal Zone Management director, Gary McAlpin, although he -- you know, he does claim everything he's done has been under the umbrella of the board's approval moving along. So -- let's see. Okay. So -- but this strategy, the 10-year plan and all the elements that go with it, were agreed to and encouraged by a letter from the Great Lakes Dock and Dredge that is dated November 1, 2011, and it was in one of your previous -- last year's agendas, and Page 24 June 25, 2013 it asks for four things. It asks for -- it suggests that this county could improve their situation by coordinating projects with people further north, work within turtle nesting season, and to partner up with them and give them a flexible schedule so they could come and go. This is supposed to help. Well, this letter was written by the vice president but also CC'ed to Sam Morrison of Great Lakes Dock and Dredge, and those are the same people that you're now trying to renegotiate with the $32 million bid with, and I think if you change this plan enough, you should go out to bid again, because it's not the same plan, and when are we going to stop listening to the advice of these people who do not have within their scope of knowledge or information -- not bad people, but very limited restricted views -- and start looking at alternative methods, alternative ideas, and trying to work out the situation? We're in dire straits. We don't -- we've followed this path, and all we have is a $32 million plan to renourish the diminished amounts that you so wisely carved out. So that's pretty much my comments. Okay. Thank you very much. MR. MILLER: Your next public speaker is Michael Schumann. He'll be followed by your first speaker on oil, Stephen Davis. MR. SCHUMANN: Madam Chair and members of the board, I'd like to talk to you briefly about your policy restricting the people serving on your advisory boards to being legal residents and/or voters of Collier County. Collier County is unique in the country in how many people we have here from around the country who have a lot of talent who aren't necessarily legal residents or voters in the county. And your current policy, as outlined in Ordinance 2001-55, which restricts these boards to legal residents, really prevents those people from basically providing their expertise to give you advice. And I question why that is necessary, and I would like to Page 25 June 25, 2013 encourage you to, basically, amend the ordinance in such a manner that you can at least have the flexibility to consider nonresidents or nonvoters to be appointed to your various boards. Thank you. CHAIRWOMAN HILLER: Thank you. County Attorney, would you like to comment why that rule is in effect? MR. KLATZKOW: It's just board policy, ma'am. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Chairwoman, your next public speaker is Stephen Davis. He'll be followed by Noelia Rodriguez. MR. DAVIS: Madam Chair, thank you for the opportunity to speak. I'm actually not here to talk about oil and gas. I have to apologize. This is what happens when you put a scientist in charge of coming in and giving comments to the county commission this morning. Our chair, Eric Eikenberg, wishes he could be here to give comment this morning on the important matter of Everglades restoration and the Water Resources Development Act that's moving through Congress right now. We are the Everglades Foundation. We're an environmental organization focused solely on restoring/protecting the Everglades ecosystem that stretches from the Kissimmee River, through Lake Okeechobee, the Caloosahatchee and Saint Lucie estuaries, all the way south into this area that you're all quite familiar with. We have a number of projects that are currently underway. Picayune Strand in your backyard right here, we're seeing big benefits of Picayune Strand restoration. This is one of the many comprehensive Everglades restoration projects that's underway. As that project progresses, we see not only environmental benefits, we see economic benefits. We commissioned a study a few years back that was cited by the president, the governor, that for every dollar you invest in Everglades restoration, we know we get a Page 26 June 25, 2013 minimum four in return associated with things like water supply, hunting, fishing, recreational opportunities. Property values are tied to the health of our natural ecosystems. And I raise this today because we have a number of projects that are currently on the shelf, chiefs reports and project implementation reports that are going to be chiefs reports very soon that we would like to have included in this upcoming Water Resource Development Act. And I just bring this to your attention today because these are things that are moving forward very quickly. If you're unaware, I've brought some information booklets with descriptions on a number of these projects. I encourage you to contact us. Miami-Dade County, Broward County, Palm Beach County have all passed resolutions in support of these projects, like the Central Everglades Planning Project, the C43 Reservoir, which provides an important water supply/water quality benefit to the Caloosahatchee estuary, and these, we hope, will all be included as part of that Water Resource Development Project that we know is not at the same interval that it used to be. We've gone from every couple of years. Now we're at seven-year intervals. So if we don't get these projects approved today, this year as part of this process, that we could wait another seven to 10 or even more years before we can really move restoration forward and improve our economy. Thank you. CHAIRWOMAN HILLER: Thank you. Would you kindly give copies of the resolutions passed by the other counties to the county attorney for his review, and we can decide whether or not we would like to propose something. MR. DAVIS: I apologize for not having copies of those with me CHAIRWOMAN HILLER: Please email them to him. MR. DAVIS: -- today, but I can make those copies available, Page 27 June 25, 2013 absolutely. CHAIRWOMAN HILLER: And, Jeff, would you give him your card. Thank you. MR. MILLER: Your next public speaker is Noelia Rodriguez. She'll be followed by Covi Lopez. CHAIRWOMAN HILLER: Since we have so many speakers, if you could all line up at the two podiums, and rather than read their names individually, let them just come forward, state their name for the record and, you know, where they're from, and that will expedite the process so that we don't, you know, wait for people to walk up and down. MR. MILLER: So if you're registered to speak on oil, line up at the podium. CHAIRWOMAN HILLER: Just go ahead and line up at the podium, if you would, and then as you speak, just state your name and where you're from for the record, and then proceed, and we'll make sure that the timer starts when you reach the -- you know, the podium. MR. MILLER: Ms. Rodriguez? MS. RODRIGUEZ: Yes. My name is Noelia Rodriguez. My family and I have lived in residential eastern Golden Gate Estates off DeSoto Boulevard for nearly 20 years. We moved there for peace and quiet, for the sound of the wind through the pines, for organic gardening, and for the wildlife. We live very close to agricultural land which the Collier County Land Development Code describes, quote, the purpose and intent of the rural agricultural district is to provide lands for agricultural, pastural, and rural land uses and conservation uses, uses compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the county, end of quote. But a little further in that idyllic description the code says that oil and gas drilling development and production are allowed. Page 28 June 25, 2013 Oil drilling and production are decidedly not agricultural activities. They endanger and damage conservation uses, they endanger and damage environmental, potable water, and wildlife resources of the county. And for residents off DeSoto Boulevard, the proposed oil drilling is an act of terror, for it terrorizes the lives of all of us common people. It would plummet the value of our homes. It would transform our neighborhood into an industrial zone with industrial trucking on a two-lane country road, industrial noise in a peaceful setting, industrial air pollution, and industrial chemicals threatening the clean water of residents of Golden Gate Estates and Naples urbanites alike. Our elected officials need to take a moral and ethical stand for the common people, not just for powerful interests. The Board of County Commissioners must express its support for county residents and must stop the proposed destruction of our Golden Gate Estates neighborhood. Thank you. (Applause.) DR. KAREN DWYER: Dr. Karen Dwyer. I've lived in Naples over 50 years. We need to draw the line. No backyard drilling. It's absolutely unconscionable. If it's legal, it shouldn't be. You need to protect public safety and limit backyard oil drilling in your Growth Management Plan. The drill site is only a thousand feet from family homes. This is the first time an oil well in Collier will be drilled so close to homes and so deep, 3 miles, penetrating freshwater aquifers in the hydrogen sulfide zone. Hydrogen sulfide is a deadly gas. It poses such a threat that the 35-page Emergency Contingency Plan calls for gas masks, oxygen resuscitators, and the evacuation of residents. If flaring is uncontrollable, the plan calls for evacuating the rig and igniting it. Page 29 June 25, 2013 Only one page addresses public safety, and it is incomplete. It reads, quote, the procedure for notifying residents of a life-threatening event will be arranged with public officials prior to drilling into the hydrogen sulfide formations. The problem, no one should have to live in an emergency evacuation zone only feet away from a hazardous drill site and 145-foot oil rig. The solution. Hughes Oil has leased over 110,000 acres in Florida. Relocate the drill site or provide a buffer zone. The buffer zone for offshore drilling is 30 miles. What should it be for on-shore drilling? Please legislate a buffer zone. Fires, both oil and hydrogen sulfide, are highly explosive. We have no fire hydrants and must rely on helicopters with buckets to put out fires. An oil well will be even more difficult to extinguish, requiring special chemicals. We're asking for a fire station closer to the drill site, that fire station you've been asking for for years, Commissioner Nance. Barron Collier could donate the 5-acre plot. School children? DeSoto Boulevard is a two-lane country road with no sidewalks or bike paths where, six times a day, children wait for school buses. An estimated 70 trucks will use that road to haul in rigs, pipes, tanks, generators, fuel, trailers, cement, et cetera. We don't want a convoy of trucks placing our children at risk. Escort service for extra-wide rigs is not enough. We're asking for alternative farm-road access to the drill site. It was done in the past for that agricultural field, and it can be done again. To sum up, we want a buffer zone, fire station, and alternative farm-road access. These are concessions designed to put public safety first. Don't let Hughes and Collier drill our backyards without local ordinances in your Growth Management Plan. The hazards are too Page 30 June 25, 2013 great. Golden Gate pays taxes, too. It shouldn't be a sacrifice zone. Thank you. (Applause.) MS. DAVENPORT: Hi. Bobbie Lee Davenport is my name, and I am a stakeholder here. I have acreage off of DeSoto Boulevard. I have a home in Golden Gate Estates. And I'm here today not only representing myself, but I'm representing the Responsible Growth Management Coalition and the Environmental Confederation of Southwest Florida. Combined, we have thousands of members locally. There's no good reason to have the oil well out there. There's a lot of really bad reasons, as you've heard and will hear. One reason is, of course, it's endangered species habitat. There is an Endangered Species Act, and a lot of the things that have to do with that have not been complied with concerning this site. Contamination of the aquifer is something -- it's a risk that we can't take because that aquifer supplies freshwater to thousands of people. And if they do fracking, which they haven't said they will do or they won't do -- they will not give a straight answer. I've been at every single meeting. We've brought up fracking. They will not give an answer as to whether or not they will do fracking. That will contaminate the aquifer. There's all kinds of research on it. Drawdown of freshwater -- should fracking occur, there's a huge drawdown of freshwater as well, which will also affect wells. Wells could be going dry in the area. Safety issues concerning one road in and one road out in an evacuation. There's an emergency response time of 15 minutes, 15 minutes. If there's an accident and toxic chemicals are released into the air and you've got hundreds of people out there, families and children, and the response time to even get there is 15 minutes? I don't think that's adequate. I don't think it's doable. Also with the drilling, the drilling's going to be done horizontally. Page 31 June 25, 2013 The oil company's already told us that several times. Horizontal drilling is the type of drilling associated with fracking. Fracking has been banned -- and this is according to an NBC News report -- in France, Germany, South Africa, Argentina, Spain, Switzerland, Australia, Italy, Ireland, and the UK. Fracking has also been banned in New York, California, New Mexico, New Jersey, and Vermont, for good reason. Cattle farmers in fracking areas have reported the tails falling off of their livestock, broken bones, premature births, and the livestock just quietly falling ill and dying. That's because the groundwater, the air, and the soil have been polluted due to fracking. And now they want to bring this in a thousand feet from homes over an aquifer that supplies thousands of people? You have to say no to this. You have the power as the county commissioner to say we don't want this in our county. DEP, deny this permit. This is very bad for our residents. The oil company, again, as I said, they won't answer -- give a straight answer to the fracking issue. There's chemicals in the permit, a long list of chemicals, that can be used in fracking. So we want to protect the aquifer. Please deny the permit. You're the elected officials, and I think you have every right to ask that this be stopped. Thank you. (Applause.) DR. JOHN DWYER: Dr. John Dwyer. Thank you, Mr. Nance and Ms. Hiller, for the agenda addition. Just a note about Tom Kuck. He certainly blessed our lives, and we are grateful. What is Naples to gain by permitting a Texas oil company to drill on land near DeSoto Boulevard and the panther refuge? Nothing. Nothing. Drilling only profits the corporations, not the people or the wildlife or the wetlands. As one of the richest cities in the nation, Page 32 June 25, 2013 Naples doesn't need big oil and gas, and Naples doesn't want them. The hazards are too great. Think of our environment, the Everglades, Fakahatchee Strand, Rookery Bay, Corkscrew Swamp, the Gulf of Mexico, as well as our clean air and water. Do we really want to live downwind from an oil field? Do we want Golden Gate canals to carry carcinogens through Doctors Pass and into the Gulf? This is the first time in Collier that an oil well will be drilled horizontally so deep, 3 miles, into the lower Sunniland Trend penetrating several freshwater aquifers. Residents worry that their drinking water will become contaminated. They're not alone. Andrew McElwaine, president and CEO of the Conservancy of Southwest Florida, has just spoken to that. It's our reserve drinking water. We don't want it to become an industrial cesspool. We're asking for baseline water tests of surface wells. Oil drilling takes place in the Sunniland Trend, 150-mile-long swath of land that runs from Fort Myers to Miami, and the trend passes through Big Cypress National Preserve, which provides 42 percent of the water flowing into the Everglades National Park. The preserve is also the recharge area for aquifers supplying Floridians and the farming industry with potable water. Why risk contaminating South Florida with its national parks? Congress authorized the 30-year Everglades Restoration Plan. Why allow oil drilling to endanger that $10 billion Everglades investment dedicated solely to restoring the South Florida ecosystem? Why risk contaminating freshwater? It's more valuable than oil. The Conservancy affirms that the Golden Gate drill site takes a fairly large amount of primary panther habitat and, for the foreseeable future, drives them out of it. We don't want to lose Florida panther to big oil. Page 33 June 25, 2013 Don't buy the lie. Oil drilling is not safe. It's not clean energy. Accidents do happen. Remember the Deepwater Horizon well and what it's done to our Gulf of Mexico. We don't need private profits at public costs. Call for a moratorium on proposed oil drilling until you can draw up ordinances to protect our families and the environment in Southwest Florida. Our Growth Management Plan should demonstrate that people and panthers are far more important than petroleum and profits. Thank you. (Applause.) MS. CARROLL: Hi. I'm Jane Carroll. I live in North Naples. I moved here last September. And I have a beautiful home in North Naples, and I'm very happy to be here. Every day is another day in paradise. Until I heard about the oil drilling, and that concerned me a great deal. And I have to tell you that if I had known there was oil drilling going to happen in Naples, I would not have come here. I would have thought twice. I would have gone somewhere else, because I know -- I mean, we all read about oil drilling, and we all know accidents happen all the time, and a lot of these accidents are just covered up, and there's no recovery for the cleanup. I mean, they're still cleaning up in Alaska. Well, frankly, I'm here to also talk about child safety on DeSoto Road, and Karen already mentioned that. But I want to add, too, that we all care about our children more than we care about ourselves. The safety of our children every single day is our priority as parents. And that bus stop -- those bus stops on DeSoto Road on this very, very narrow road -- I don't know if you've been up there, but it's incredible. It's just -- there's no shoulder. And I don't know how these children and their mothers -- because mothers wait with their children to protect them. I don't know how the mothers are going to protect Page 34 June 25, 2013 them or protect themselves while these huge rigs, industrial rigs, 40 tons or 80,000 pounds -- 80,000 pounds are going to go barreling down DeSoto Boulevard. It's unbelievable. Then they had the trucks that are likely cement trucks or heavy equipment trucks that will also be going down there. As Karen mentioned, four times a day, six times a day, school buses going down DeSoto Boulevard. Someone needs to prepare for their safety, and I think that should be all of you, all of us, but someone needs to do that, and soon. Isn't that your job? I know the offspring of Barron Gift Collier won't be there. They will be home counting their money as they dump poison into injection wells that inevitably will leak one day into the aquifers of Southwest Florida. So who is protecting the citizens and residents here? Have we citizens lost all our representations to the billionaires and the corporations? Why are these companies being allowed to poison our paradise and endanger our children? Just remember, Commissioners, that what happens to one of us can happen to any one of us. Lastly, in speaking about DeSoto Boulevard, I have another question. Who is going to pay for the DeSoto Boulevard after they -- Collier and Hughes destroys the road's pavement that can't possibly -- a pavement that cannot possibly handle all this -- I have another three minutes from another person. CHAIRWOMAN HILLER: Who is that? MS. CARROLL: Lario. MR. MILLER: Yes. She has -- I'll have to find it. They're out of order. But, yes, Ricio Lario has -- CHAIRWOMAN HILLER: Is she here? MS. CARROLL: Yes, she's over there -- CHAIRWOMAN HILLER: Is she there? MS. CARROLL: -- in the green. Page 35 June 25, 2013 CHAIRWOMAN HILLER: Oh, that's fine. As long as she's present. MS. CARROLL: Yes. So I'm asking, who is going to pay to repair DeSoto Boulevard after Collier and Hughes destroy the road's pavement? And that will happen under the traffic of 80,000-pound trucks. We haven't heard about who's going to work on those roads or who's going to pay for it. This is minimally paved currently. So, I'm wondering, is the taxpayer going to get stuck with this tab? Are we, after Collier moves out and gets all the oil he wants, she wants, they want, are we going to pay the taxes to repair this road? Is that the plan? And I think you should tell us what the plan is. By the way, I should tell you that the gift, the word "gift" from Barron Gift Collier, in German means poison. How ironic that this is, ultimately, the legacy of Barron Gift Collier to Southwest Floridians, leaving us with poison. Now, Commissioners, what will your legacy be? There are actions that you can take as commissioners. You know what they are, and we citizens would like you to do everything in your power to stop this drilling and to protect us and all our homes, not just my home in North Naples. Thank you very much. (Applause.) MS. KNAPP: Hi. My name is Donna Knapp. I live in North Naples, and I run a small vacation business there. And my business really suffered when we had the deep horizon. They call it a spill. To me it's a disaster, because our water is still suffering. They have these beautiful ads and commercials of the shrimpers holding lovely shrimp and everything looks perfect, but that's not the case. I used to be a shrimper, and I know what's down there, and I know the gullies that are on the sea bottom. Page 36 June 25, 2013 My son works in the water every day. He has rashes on his legs. So there's -- the contaminants aren't just in the north of the Gulf of Mexico. They've come down with the gulf stream. And so we don't eat anything in the water anymore. So to think that we could be sandwiched between the pollution that's one side of us and the Gulf of Mexico that's the other side of us is just awful. And all of my guests that come to my guest cottage, they come because they're nature lovers. They come because they want to go into the waters. They want to go into the Everglades and experience that. They don't want to see oil wells. And, you know, we had a very nice presentation from the Dan Hughes Oil Company last week but, I mean, please don't be fooled by that, because oil wells and pipes do leak. They leak all the time. Three leaked last March of this year. One was in Mayflower in Arkansas where 27 homes had to be evacuated because oil was literally pouring down their streets. The oil -- it was then said by the oil company, oh, we've cleaned everything. Well, they hadn't. They pushed it into the waterways and into people's drinking water. And just last June there was a leak of over 2 million gallons in Alberta from a Texas-based oil company, Apache Oil Company. They didn't even tell the residents for two weeks that oil had leaked out into their hunting grounds. So, you know, these -- and this was a pipeline that was built to last for 30 years. They covered up how old it was, but the truth came to light, and it was only five years old, this pipeline. So they do leak. They constantly leak, but it's covered up. The oil companies pay off the media and the government, and everything's covered up, and the general public don't usually hear about things like that. So this isn't an oil state. This is a -- this is a state for tourism. Page 37 June 25, 2013 They say people come here to lay on our beaches and to play in our beautiful pristine waters. And I just want you to do whatever you can to stop this from happening, because we can't drink oil. We can't drink oil. And it's a known fact where fracking is big in this country, the breast cancer rates are higher. And we already were talking about how we're famous here for our work on bladder cancer and, you know, it just makes no sense to put ourselves in danger and pollute our water, pollute our aquifers. Once that water is gone, it's gone. Once they inject the chemicals into it, and they will, that water's gone forever. There's only 3 percent of drinkable water on the whole planet. Once it's poisoned, it's gone forever. There's no bringing it back again, and so we can't drink oil. So please, please do what you can. This is what you're here for. Thank you very much for the opportunity to speak. MR. MENDEZ: Hello, guys. My name is Josiah Mendez. I'm a resident here in Naples, Florida, and today I'm going to give you guys some numbers. A midsize oil-producing well produces about 200 barrels a day. Now, at the ordinary rate of 8 percent, the current price of gas or oil would be $90 a barrel. So each barrel will be taxed by the State of Florida for $7.20 per barrel. Now, with this, Florida will generate $526,600 per year, but Collier County only gets 12.5 percent of that. So Collier will be receiving $65,700 per year for the tax on the barrels of oil. Now, if we're using the all tertiary rate, this would calculate to only $211,700 per year for the State of Florida, and $26,462 a year for the county of Collier. Now, if you guys have never been to DeSoto Boulevard, DeSoto Boulevard is a very narrow country two-lane road that isn't really designed to withstand 80,000-pound oil-tanker trucks that weigh approximately 40 tons, and the trucks are basically going to Page 38 June 25, 2013 completely destroy DeSoto Boulevard. Now, according to the Florida Department of Transportation, they estimate the minimum cost to rebuild the road is, at one mile, $1 million. DeSoto Boulevard is 10 miles long. This will cost us, if they destroy the entire road of DeSoto Boulevard, $10 million. To put that in perspective, with just using the tax incentives, or the taxes that we're getting from the oil-producing well, we will take 152, it's a regular ordinary rate, to 377, which is the all tertiary rate, years to just get our money back, and that's assuming we're even alive by then, and that's assuming the oil rig is even still operating after even a decade. So as united citizens of the United States of united creeds of the united oaths of the united pleasures and united pains of these United States of America, we have a right, and we will fight all forms of tyranny, both foreign and domestic, to preserve our right for life, liberty, and the pursuit of happiness. Thank you very much. (Applause.) MS. DURAN: Hello. I'm Pamela Duran. I live on 24th Avenue Southeast. My husband and I live on House No. 1. We're not asking you to stop the permit for the oil well. We know that the state decides that. What we're asking you is to live up to your website that says the Board of County Commissioners are responsible for providing service to protect the health, safety, welfare, and the quality of the citizens of Collier County. We are asking you, the County Commissioners, for reassurance that the noise ordinance will be enforced according to Section 54-92. The maximum permissible sound levels, as stated in Table 1, are from 7 to 10 a.m., 60 dBA and 72 dBC; from 10 p.m. to 7 a.m., 55 dBA and 67 dBC. This is a health issue. There is adverse physical and mental problems with noise. For example, prolonged periods of exposure of Page 39 June 25, 2013 just 65 dBA can cause mental and body fatigue. It contributes to the development or aggravation of heart and circulatory diseases. Noise can affect the quality and the quantity of sleep and can cause permanent hearing loss. People may feel a variety of negative emotions when exposed to noise. Many report anger, disappointment, dissatisfaction, social withdrawal, helplessness, depression, anxiety, distraction, and exhaustion. We have received information from many residents of Collier County that have complained about noise far greater than this allowed, and the authorities have ignored them time and time again. We are going to work together to make our voices heard. Many of the residents feel we are treated like second-class citizens, that our concerns are dismissed, and there never seems to be enough money left for the Estates. I intend to purchase noise monitoring equipment to ensure that we will not complain unnecessarily. And if there are any violations, we expect to be taken seriously and the matter handled immediately. We are asking you, the commissioners of Collier County, to protect all the citizens by enforcing the noise ordinance and to take our complaints seriously. Thank you very much. (Applause.) MS. ANDREOULAKIS: Yeah. Hello. My name's Donna Andreoulakis, and I thank you for the opportunity of giving me a voice here. I'm just here for myself. I don't represent anybody. I've been living in this Collier County since 1978. I came here when it was just a fishing village and a paradise, and it was beautiful. And there was a lot of zoning laws that protected the environment, and it was just wonderful. And as I have -- over the years living here I've seen many, many, many changes, and a lot of them have been very displeasing to me. Page 40 June 25, 2013 But when I heard about these oil wells, it was just unbelievable to me. As been said, when you say Naples, Florida, you don't think of oil wells, you know. And I have a lot of friends that live out there in Golden Gate Estates. My concern, as been said by others, is primarily the safety, you know, of their health, the environment. You know, we -- I mean, there's -- we've chased all of our environment -- you know, natural -- you know, the bears and the deers and the panthers and everything, that's where they've all gone to, because there's no place left. I used to live on Wiggins Pass Road. I used to see panthers. I used to see deer. You don't see them anymore, you know. I mean, how much more are we going to do, you know, to destroy our environment? You know, beautiful Everglades environment, the whole ecosystem, the water system, all of it, it's -- there's no other place like that in the whole world. And we are just slowly, slowly destroying it. And you, as our, you know, speakers, the County Commission and stuff, I feel that it's your responsibility to protect the citizens, to protect the habitat that's out there that will be absolutely destroyed should this be permitted. And that's all. Thank you very much. (Applause.) MR. DURAN-PINZON: Thank you for the opportunity to address this board. I am Jaime Duran-Pinzon and have been a resident of Golden Gate Estates for about three years. My wife and I moved here looking for a quiet and healthy life. Now, thanks to Collier resources, that is about to change. I am not going to ask you to stop this oil well. I understand this is beyond your authority; however, I am going to ask you to do your job. What I ask of you, you are empowered to do. I am asking you that changes to the right-of-way on 24th Avenue Southeast be restored Page 41 June 25, 2013 to original until all necessary permits have been obtained and only then make those changes correctly and fully. I am asking you to enforce the ordinances meant to protect our health, well-being, and our right to enjoy our property. I am asking you that the noise ordinance be enforced, that the speed and weight limits on our streets be verified and enforced. I am asking that you protect our safety by providing equipment, facilities, and training to properly respond to any type of accident or fire. I am asking that you protect our health by making sure the dust generated from unpaved streets like 24th Avenue be suppressed, preferably by paving the street like should have been done years ago. And, finally, I am asking you to protect our health by providing a baseline water test for oil and gas drilling chemicals listed on the permits and brines that -- and brines produced prior to drilling and periodically until the wells are capped. This test to be made public. Many residents of Golden Gate Estates feel that our rights and concerns are irrelevant, that we are considered second-class citizens. I am asking you, are you ready to change that perception? Are you ready to fully protect our rights, safety, well-being, and health? Are you ready to do your job? Thank you. (Applause.) MS. DWYER: Good morning, Commissioners. Thank you for your attention. My name is Marianne Dwyer, and I'm a recent transplant to Collier County. Like so many others who have come here, I was drawn by the beauty of the natural environment and its diversity. In order to maintain the integrity of this environment and for our health and well-being, our water must be conserved and kept safe. As a private citizen, my water consumption is restricted, and I comply willingly. To do otherwise would not be in the best interest of my community; however, the Hughes Company is seeking a permit Page 42 June 25, 2013 that includes 233,333 gallons of water per day for the well at 24th Street in Golden Gate Estates. That, along with the wells in Immokalee, Raccoon Point, and Bear Island, add up to 1,208,000 gallons per day. Much of this water will be contaminated with toxins used in the drilling process and then stored in a waste well. The drilling industry will tell you these wells are safe; however, in the last three years, contaminated wastewater has found its way to the surface in California, Oklahoma, and Louisiana. That's not to mention the numbers of cracks and other areas that they've found where these wells are starting to contaminate the surface. Here in Florida, 20 disposal wells failed in the 1990s releasing partly treated sewage into the aquifers. Mario Salazar, an engineer who worked for 25 years with the EPA in Washington on their underground injection programs says, quote, in 10 to 100 years, we are going to find out that most of our groundwater is polluted, a lot of people are going to get sick, and a lot of people may die, end quote. Please don't let this be your legacy in Collier County. It would be a sad, messy, and expensive one. Tourists will go elsewhere; snowbirds will stay home. I'm asking you to do what is necessary to restrict the drilling in Golden Gate Estates now. Thank you. (Applause.) MS. HOFFMAN: My name is Janet Hoffman. I've been a resident of Collier County for 33 years, nine of which I have lived in the Estates. I agree with the concerns that have been expressed in terms of health, public safety, and environment. I'm very concerned. We have a very special area. We have species here that are found nowhere else. And just -- I would like to say that I agree with much of what has been said, and thank you so much. (Applause.) Page 43 June 25, 2013 MS. COLEMAN: My name is Laura Coleman. I own a home in the Golden Gate Estates, about 10 miles away from the site. And since you had asked that we not be repetitive, I would just like to say that I support community. And you've said pretty much everything I was going to say, so I would like to yield the balance of my time to the next speaker. Thank you for your consideration. MS. WHITEHEAD: May I speak now? MR. MILLER: Yes. MS. WHITEHEAD: Okay. I'm here representing both the Sierra Club national and the local group of the Sierra Club called the Calusa Group. First, I will start with the remarks from the national. MR. MILLER: Ma'am, your name? MS. WHITEHEAD: Patty Whitehead, for the record. My remarks are from Alexis Meyer. She is the national representative for the Sierra Florida Panther Critical Habitat Campaign. The club's concern for the campaign focus focuses entirely on how to better protect Florida panthers and their habitat. While we do share similar concerns with others on quality of life and water-quantity issues, my focus is on the panther. The potential oil wells are located in panther primary habitat, the lands that are essential for the panther's continue existence. Numerous panthers have been sighted within Golden Gate Estates, and the project site is within one mile of the Florida Panther National Wildlife Refuge and north or Picayune Strand, the Fakahatchee, considered the Amazon of Florida. We are concerned that no biological opinions or environmental assessments have been done for this project. Since this project would impact the federally protected endangered species, there is a concern that proper regulations are not being followed by these companies. Their greatest concern with any development in the area, other Page 44 June 25, 2013 than loss of habitat for Northern America's most endangered mammal is the impact from roads. Vehicle collisions are the greatest threat to panthers, and 2012 had the highest vehicle mortality on record. Any increase in traffic will pose a significant threat to the species. Fencing and wildlife underpasses work very well when put to use, but without them, there will be mortalities from this project, no doubt. At recent meetings, the oil companies have said that they're implementing measures to reduce impacts to wildlife and plants but have not been forthcoming on what measures these are. They have not -- they've also not shared any documents with the public concerning environmental impacts from this project. Their transparency to the public is troubling, and the Sierra Club questions whose interest they are holding. Collier County boasts some of the most unique environmental aspects in the state, if not the country, if not the world. Projects like this set a precedent for destroying those vital assets and threatening the future of Collier, a county's recreational and economic draw. I ask you to please do whatever's in your power to halt these permits. And these remarks are on behalf of the Calusa Group. President Obama is about to take sweeping action on climate change, using his powers as president to force change through executive action. Where is the local initiative to support the president's efforts? Is it because you-all have -- MR. MILLER: She was -- you may continue. MS. WHITEHEAD: Is it because you-all have Rs after your names rather than Ds, or is it because you work for a county named after one of its wealthiest and largest landowners, whose ancestors secured for his descendents all the mineral rights below the fragile and unique aquatic and terrestrial natural resources of this area? Page 45 June 25, 2013 Well, you represent more than the Collier family in this county. You must do right by this issue. You must join us in pleading with the DEP -- in pleading before the DEP to reject this well drilling permit. Thank you. MS. CAMPBELL: I had initially signed up for 10J. Is that okay? MR. MILLER: Sure. MS. CAMPBELL: Okay. Thank you. Good morning. Kate Campbell speaking on behalf of the Conservancy of Southwest Florida and our more than 4,000 members to comment on the oil and gas drilling operation near the Golden Gate Estates. The Conservancy has been tracking and commenting on the three well permits associated with this project, the water well, the drilling well, and the wastewater disposal well, and based on the information that we have reviewed thus far, we do still have the following concerns. First, the applicant is requesting the use of up to 5 million gallons of water per month from our surficial aquifers, which is, as someone has said, the primary source of our drinking water in Collier County. This is a great concern because it is located within the Big Cypress watershed and connected to various wetlands that are upstream from the Fakahatchee and Picayune Strands. Any lowering of the water tables in this area could influence the surrounding sensitive offsite lands. And, additionally, there will potentially be impacts to the nearby private residential wells. Secondly, we have concerns about altering the character of this land from agricultural to industrial. The increase in traffic on the roads from trucks, the building of the wells, and eventually production of oil and gas could adversely impact panthers in the nearby Florida Panthers Wildlife Refuge, which can lead to an increase in panthers involving car strikes or disruption of the normal behavior patterns. Page 46 June 25, 2013 And, finally, the disposing of wastewater from the drilling operation using a deep injection well in such close proximity to residential communities and fragile wetlands increases the chance of harm occurring from unwanted migration of oil brine wastewater and the possible contamination of surficial aquifers. We ask that, given the environmental sensitivity of the area for which this activity is proposed, that you communicate to South Florida Water Management District and the Florida Department of Environmental Protection as the permitting agencies and require that the applicant provide more reasonable assurances to protect the public water supply wetlands and listed wildlife species, whether this is through imposing additional protective measures, asking for an additional site, or using alternative water supply for the operation. Thank you for considering our comments. (Applause.) MS. LOPEZ: Good morning, everybody. My name is Covi Lopez, and I am living in the end of DeSoto, 30th Street Southeast -- by this -- I mean, 30th Avenue, sorry, by DeSoto Boulevard, for 11 years. We love there the same way -- I love with all my heart the same way I love Spain like I came from. It's so beautiful. Anyways, for long time we are signing against petitions for -- I mean, we sign petitions for oil drilling around the world. And now I hear this is coming in our backyard. And I need to pinch my skin to be sure I am awake and this is not a nightmare. I work in the hospital in the night shift. And during season we need nurses desperately. So I hope DeSoto Road and other roads can be clear and we don't need this evacuation, because I need go to work, like all people. Anyways, we are predators of the mother earth. And it sounds crazy, but pretty soon the earth's going to be crust (sic) if we're going to start doing these things. Page 47 June 25, 2013 So I hope we can do something and we can continue living there in peace and happiness. Thank you for all your time and for listening to me. MR. MILLER: And that concludes our public comment speakers, Madam Chairwoman. CHAIRWOMAN HILLER: Thank you. We'll now recess for 10 minutes, thank you. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. The next item, County Manager. MR. OCHS: Takes us to Item 10, Board of County Commissioners. 10A is appointment of member to the Public Transit Ad Hoc Advisory Committee. Glen Harrell, in the employer category, is the recommended appointee. CHAIRWOMAN HILLER: Can I have a motion from the board, please? COMMISSIONER NANCE: Madam Chairwoman, I would like to ask the board's indulgement (sic) to proceed -- I know it's irregular -- to proceed to Item 10J, which is an add-on agenda item which addresses the oil well letter, since we have all the public citizens here. I think they're kind of looking for some sort of a statement from us after we're heard a lengthy -- their lengthy concerns, and I'd like to make a few statements and just talk about this agenda item, if it pleases the board. CHAIRWOMAN HILLER: Is that acceptable to the members of the board? COMMISSIONER COYLE: Yep. COMMISSIONER FIALA: Sure. CHAIRWOMAN HILLER: In that case, we'll change the agenda, and move to Item 10J. Page 48 June 25, 2013 Item #10J — Discussed; Continued to later in the meeting THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AUTHORIZING THE CHAIRWOMAN TO SEND A LETTER TO REGULATORY AGENCIES RESPONSIBLE FOR PERMITTING AND REGULATION OF OIL EXPLORATION AND OIL WELL EXTRACTION OPERATIONS IN COLLIER COUNTY TO INSURE THAT COLLIER COUNTY CITIZENS' COMMENTS AND CONCERNS ARE GIVEN CAREFUL REVIEW AND CONSIDERATION, AND THAT COLLIER COUNTY IS FULLY INFORMED AND INTEGRATED INTO PERMITTING AND MANAGEMENT REQUIREMENTS TO SAFEGUARD THE LOCAL HEALTH, SAFETY, AND WELFARE, OF ALL COLLIER CITIZENS - DISCUSSED; CONTINUED TO LATER IN THE MEETING UNDER ITEM #15; MOTION TO APPROVE THE PROPOSED LETTER AS AMENDED BY THE BOARD — APPROVED MR. OCHS: Which is a recommendation for the Board of County Commissioners to consider authorizing the chairwoman to send a letter of -- excuse me -- a letter to regulatory agencies responsible for the permitting and regulation of oil exploration and oil extraction operations in Collier County. CHAIRWOMAN HILLER: And this would be a letter on behalf of the Board of County Commissioners asking that the two state agencies, the State of Florida Department of Environmental Protection and South Florida Water Management District, give consideration to public comment on any permit application; is that correct, Commissioner Nance? COMMISSIONER NANCE: Yes. Madam Chair and members of the board, I brought this agenda item forward because of the concerns that have been expressed to me and personal concerns that I Page 49 June 25, 2013 share with the citizens regarding oil exploration and oil well extraction in the area near residential properties. I'd like to make a few general comments. And this is a very difficult situation. And Golden Gate Estates, because it is so large, encompassing over 150 square miles, it borders on almost every sort of activity that you can imagine. It borders on, of course, various different sorts of growth from commercial to higher density residential circumstances, and it also borders on a lot of conservation land. Going back many years ago when conservation lands from the families belonging to the Colliers came into public ownership, there was a lot of consideration that went on regarding minerals and natural resources, including oil wells. And this is not generally understood by the public at large. Collier County, as you might or might not know, has over 800,000 acres of land in public ownership. Over two-thirds of this square area of the county is in some sort of public ownership enjoying various overlays of protections of some sort or another. And with the exception of Franklin County -- excuse me, Franklin County in the panhandle, which is a very small county, it's the largest percentage of protection of any county out of the 67 in the State of Florida. And I will say, over a period of time, the regulatory agencies that we are relying on in this circumstance and the Board of County Commissioners and your local government, together with the citizens and together with environmental advocacy groups, have been the ones that have been able to achieve this. Having over two-thirds of your land in conservation and protected is actually something that's very wonderful. Unfortunately, when the Department of the Interior and the United States Congress authorized the creation of the Big Cypress National Preserve, there was some consideration about minerals and mining and oil, excuse me. Page 50 June 25, 2013 At that time the oil reserves that were there were known, not to the degree that they're known now, but they were known. Originally, the addition of this land into conservation was proposed to be an addition to Everglades National Park. The reason that it was not made an addition to Everglades National Park is because of the request for public traditional use, and that was hunting, fishing, and recreating in that area, but the main consideration were the oil resources. It was anticipated that these sorts of things have been going on for a very long time. So what does that mean for Collier County? It means, generally, that as technology has gotten greater in the oil extraction industry, the likelihood is -- and we're just seeing the tip of the iceberg -- that we're going to have a great deal of oil exploration in Collier County in the Sunniland Trend and in the oil deposits beneath it. So what does that mean we have to do? It means that we have to communicate clearly with these agencies that we expect them to regulate the extraction of those resources in an appropriate manner for the place that it's being done. And it's not new. There have been some done in the past. But with the added pressure, I think we have an added responsibility to communicate clearly our concerns for what's going to happen in Collier County. Even more so when it approaches residential properties. And, of course, that's the first time this has taken place. So I just want to let everybody know, I -- you know, I've lived in South Florida all my life. I've lived in Collier County most of my adult life. I've lived in the Estates area over 30 years. I don't actually live in the Estates. I live in the North Belle Meade, which is even a little more wild and woolier than the Estates. And, you know, I've been next to truck traffic associated with growth. I've been next to mining and blasting. I've had oil exploration take place on my property back in the early '80s. So I'm aware of this, and I am very sensitive to what it is that we have to do. Page 51 June 25, 2013 I just want to let everybody know that I'm reaching out to the board for support on this issue to make this communication so that we encourage these agencies to address the circumstance. And it is a new circumstance, and I think it demands their careful and judicious review, and just to give the citizens a reassurance that this board is going to do everything that we can -- that we can do and that we will do to maintain your safety regarding traffic on roads, the destruction or damage to your property that's associated with construction, and that we have to reach out to these agencies and be prepared to address our local response to your safety and health. COMMISSIONER COYLE: If that's a motion, I'll second it. COMMISSIONER NANCE: It's a long one, Commissioner Coyle, but I think it's appropriate that we respond in this way. COMMISSIONER COYLE: Okay. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. One of the things that I'm most concerned with -- and this is what these people have brought forward. And I've always been passionate about our water sources and our future water sources. And I don't want to see, in any way, us impairing the future of Collier County and their water by us permeating the water sources and possibly damaging or polluting them. So I totally agree with both of you. Thank you. CHAIRWOMAN HILLER: Commissioner Henning? (Applause.) COMMISSIONER HENNING: Well, I think this board, at least the past board, I think, knowingly purchased conservation properties that had -- that has oil drilling taking place now. CHAIRWOMAN HILLER: Pepper Ranch. COMMISSIONER HENNING: Is one. I think the other one is the judge's property up there, Corkscrew. CHAIRWOMAN HILLER: The Starnes property. Page 52 June 25, 2013 COMMISSIONER HENNING: The Starnes property. COMMISSIONER FIALA: What do they call it now? CHAIRWOMAN HILLER: Caracara. COMMISSIONER HENNING: In the hysteria about -- in a panther zone, I think it's because of the trips generation. You know, I'd like a comparable with trip generation in that area of DeSoto Boulevard and the different uses on what the trip generation should be. I think we might be surprised that it is hysteria, and there's no empirical evidence of panther strikes. I mean, vehicles used for this operation might be less than a single-family home. CHAIRWOMAN HILLER: Would you like to comment on the letter to the state agencies asking them to pay attention to the concerns of residents or -- COMMISSIONER HENNING: Having public input, yes. I mean, I'm going to support the motion. CHAIRWOMAN HILLER: Okay. So I, of course, support the motion also. I just think that this letter shouldn't just be signed by me as the chair on behalf of the board, but rather that all commissioners should attach their signature to it to show that, you know, there is, in fact, unified support. And, quite frankly, the board as a whole takes the position that, you know, all agencies ought to carefully look at any matter that affects Collier County and ought to give due consideration to public input on any matter of concern to the public. We just are adding emphasis in this case because there has been quite a large outcry as put forward at the various public meetings. So if county staff would kindly draft the letter and present it to each commissioner for signature, I would very much appreciate that, if we could amend your motion accordingly, Commissioner Nance. COMMISSIONER NANCE: I think that's an excellent friendly amendment, and I will support the amendment if Commissioner Coyle will amend his second. Page 53 June 25, 2013 COMMISSIONER COYLE: Yes, I would, if I could just ask for one minor tweak. If we're all going to sign it, it's possible that each of us might have a word or two we would like to rearrange. So if we could ask the county manager to solicit our comments on his draft -- CHAIRWOMAN HILLER: Of course. COMMISSIONER COYLE: -- and resolve them, and then bring to our next meeting the letter for final approval for signature of all. CHAIRWOMAN HILLER: I think that's a fair -- COMMISSIONER NANCE: Commissioner Coyle, I would make one -- I would bring one thing to your attention, though, and that is that the deadline for comment to the agency, to the regulatory agencies, is the 30th of June, so we do have some urgency in getting this prepared. COMMISSIONER COYLE: Okay. Then let's have him -- MR. OCHS: We'll be working on it right now and try to get it to you in draft form -- COMMISSIONER COYLE: Before the end of the meeting. MR. OCHS: -- before you conclude. COMMISSIONER COYLE: Good. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER COYLE: Good. CHAIRWOMAN HILLER: It should -- and I think Commissioner Coyle is right, it should be presented before the end of the meeting, and under commissioners' communications we can review it and we can vote on it and sign it accordingly. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Madam Chair -- Madam Chairwoman, you do have six registered public speakers, four of whom who have already spoken on the public comment side. CHAIRWOMAN HILLER: Under the circumstances, do you Page 54 June 25, 2013 still want to speak given what our direction is? MR. KRASOWSKI: Yes. CHAIRWOMAN HILLER: You would like to still speak? Go ahead, Bob. MR. KRASOWSKI: Yes, yes. And not to -- excuse me. Bob Krasowski. Not to belabor the point. I think you are really moving in the right direction and doing good work, as the residents have done. This letter, though, I think there are certain things about the letter, what it will contain, and I would suggest that it addresses -- it makes clear that you, along with the citizens, are interested in those specific issues that they have so adequately raised, you know. And find the gems in what their comments were, the things that are relevant to the local -- and, like, the noise, and the location and that kind of stuff -- COMMISSIONER FIALA: Water. MR. KRASOWSKI: -- and put that in there. But I would think that rather than do this all today -- because I don't know how available they'll be to be here to look at the letter, but I would think the chair or -- the staff and chair could construct the letter and that they should share in looking at the letter before it's finalized and sent on. You have a couple of PhDs in English literature that know how to write a letter, so they can go through it real fast. It wouldn't take a lot of time. So, you know, realizing the schedule, I'd certainly make that issue -- very important, make that comment, and I think they'll probably talk to that, too. Then also I think that we would -- I would like to see the county provide to the residents an opportunity to sit down with the people responsible for the Growth Management Plan, have them explain the Growth Management Plan and, between now and the time when they Page 55 June 25, 2013 connect, you sit down with them, let the residents look at the Growth Management Plan themselves, and find out what things come from the state that are dictated to the county and what they cannot change and then what other things are left to the county to the extent that the county can improve and strengthen their position regarding laws and all of that kind of stuff. And, once again, I think these people could work through it real quickly. So that's it. Like, they need input and review of the letter before it's sent, and help them bring themselves up to speed on the rules and regulations. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have to tell you that at the end of this meeting I need to go to represent Collier County up at the Florida Association of Counties conference in Tampa, so I won't be here. And we need to get this thing done now, so I -- it's kind of you to do that, and I'd love to share it, but I want to get this letter on the way and make sure that we make an impact. I don't want to put it off. So if you don't mind, I'd like to get it done today before we leave. Thank you. CHAIRWOMAN HILLER: Sure. Commissioner Coyle? COMMISSIONER COYLE: No, I didn't -- that was from before. I agree with Commissioner Fiala. CHAIRWOMAN HILLER: Okay. MR. MILLER: Madam Chairwoman, there was one other speaker I know didn't speak earlier. That's Mary Combs. CHAIRWOMAN HILLER: Would you like to speak? Apparently she's left. I think we'll then defer the vote to commissioners' communications when we'll act on approving the letter as presented by staff. County Attorney, would you just take a minute and explain what Page 56 June 25, 2013 our jurisdiction is and to what extent we're preempted in this matter. MR. KLATZKOW: We've got two issues. The first issue is do they have the lawful right to do what they wish to do. The answer to that is yes, okay. If you try to regulate that right-of-way, you'll be doing a regulatory taking. At that point in time you'll be, essentially, buying that property. CHAIRWOMAN HILLER: In other words, a Bert Harris action? MR. KLATZKOW: Bert Harris action, all right. The second issue is, since they have the right to do that, this private property right, can we regulate it? The answer to that is no, you cannot regulate that. The state regulates that through an extensive body of law, an extensive body of regulations. And as far as the regulations go and the issuance of the permit, it's the state that needs to be addressed, not us. We simply do not have the regulatory power in this matter. CHAIRWOMAN HILLER: Thank you. So as I understand from what you've just explained, this matter will not be coming before us for approval? MR. KLATZKOW: No. CHAIRWOMAN HILLER: Thanks. Appreciate it. County Manager, any comment from staff on this or not? MR. OCHS: No, ma'am. CHAIRWOMAN HILLER: Thank you. There being no further discussion, we'll continue -- I'm sorry? COMMISSIONER COYLE: There is a comment that needs to be made. I think that the county has a permitting responsibility for the plans to place the oil well on that property. And Nick can probably expand on that a bit. So I think it's improper to say that we have no role whatsoever. MR. CASALANGUIDA: Sure. And I can clarify that. Thank Page 57 June 25, 2013 you, Commissioner Coyle. For the record, Nick Casalanguida. We do an administrative permit for the location of the well on a Site Development Plan. It's not a board-reviewed or a counsel-reviewed permit. So they'll provide a pad location, and they'll get a right-of-way permit, and it's an administrator. The only time this board would see it, if it goes into a production well field. If they take the one well, add on several other wells, combine them, and do a production field, then it becomes a conditional use. At that point in time it goes to the Planning Commission, and then it comes to the board for ultimate approval. As -- since I've been here, and I looked back as far as I could, I haven't seen any conditional uses come forward, because they're typically these single source production wells. They generate about 20 truck trips a week after they're done from construction, two to three a day. A tanker truck will come in, drain out the production container, and then leave. I think that's the only part we get involved in. I took two notes in the back. I wrote to John Vliet to say, as part of the right-of-way permit, make sure the folks know that they have to maintain DeSoto Boulevard and those other streets, so we'll cover that. As far as noise is concerned, Jeff Wright, I said, you know, pull the noise ordinance, let's give them a copy, and we'll make sure at the property line they meet the decibel levels for construction. So those are the only areas we enforce. COMMISSIONER FIALA: What about the health, safety, and welfare of our citizens concerning their water sources? MR. CASALANGUIDA: DEP will permit those. And my understanding is they'll test the wells and the waters that are in the area. CHAIRWOMAN HILLER: Excuse me. We can't have any comment from the audience unless you're at the podium. Thank you. MR. CASALANGUIDA: DEP does permit those wells, and the Page 58 June 25, 2013 producer, Barron Collier, said they'll put in three test wells, that they'll provide those to anybody that wants to check the results for contamination. So that's between them and DEP; we don't monitor those. CHAIRWOMAN HILLER: What about the two preserves that we have that -- where we have allowed the mineral rights to be retained by the seller? In the case of Pepper Ranch, the sellers have very substantial mineral rights. How -- what would happen, for example, on Pepper Ranch? And, by the way, that transaction was approved by Conservancy with full knowledge that -- MR. CASALANGUIDA: Right. CHAIRWOMAN HILLER: -- the mineral rights would be retained by the seller. MR. CASALANGUIDA: And even the lots in Golden Gate Estates, there's, you know, a release of mineral rights below where we live. These two, they do horizontal drilling. They'll go down several miles and then go horizontal several miles, so they can get to oil pretty much anywhere. In this formation and application, they're not going due west into the Estates. They're going southeast with their horizontal portions. They're going to go, you know, down. So I think, you know, that's what they're applying for. But they retain the mineral rights. You don't own the mineral rights below the property in most of the land in Collier County. It's retained by the original, you know, property owners, the Colliers. CHAIRWOMAN HILLER: Okay. Thank you very much. MR. CASALANGUIDA: You're welcome. MR. OCHS: Madam Chair, you have a -- CHAIRWOMAN HILLER: But the Colliers didn't sell us Pepper Ranch. That was sold by somebody else. MR. CASALANGUIDA: It's in the title. Page 59 June 25, 2013 CHAIRWOMAN HILLER: I'm sorry? The mineral rights on Pepper Ranch are owned by the previous sellers, I thought. MR. CASALANGUIDA: I can't speak to -- all the land transactions, it's in the title. CHAIRWOMAN HILLER: Oh, of course. MR. CASALANGUIDA: In other words, when the original sale took place, the mineral rights were removed on a lot of properties. CHAIRWOMAN HILLER: Oh, I see. MR. CASALANGUIDA: So whoever owned Pepper Ranch -- CHAIRWOMAN HILLER: So basically the underlying mineral rights throughout Collier County are retained by the Colliers regardless of subsequent transactions? MR. CASALANGUIDA: Yeah. And I can't tell you the percentage. I know it's high. They own most of the mineral rights in Collier County. COMMISSIONER FIALA: Except for that little piece on Immokalee airport. COMMISSIONER NANCE: So we've got a motion and a second. CHAIRWOMAN HILLER: Fine. All right. Thank you very much. We have a time-certain. MR. OCHS: Yes, ma'am. COMMISSIONER NANCE: We have a motion and a second. CHAIRWOMAN HILLER: But, no, we're going to vote on this after the letter is presented. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: We're not going to deal with this at this point. Item #11B RESOLUTION 2013-142/CWS 2013-03: TO 1) ADOPT A Page 60 June 25, 2013 RESOLUTION AUTHORIZING ADDITIONAL DISBURSEMENTS UNDER TWO EXISTING STATE REVOLVING FUND LOAN AGREEMENTS, AS AMENDED, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO REFUND A PORTION OF THE COLLIER COUNTY WATER- SEWER DISTRICT WATER AND SEWER REVENUE BONDS, SERIES 2006; 2) AUTHORIZE THE EXECUTION AND DELIVERY OF TWO STATE REVOLVING FUND LOAN AGREEMENT AMENDMENTS; AND , 3) AUTHORIZE THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION — ADOPTED MR. OCHS: Madam Chair, 11B is your 11 a.m. time-certain hearing. It's a recommendation to, number one, adopt a resolution authorizing additional disbursements under two existing state-revolving fund loan agreements as amended with the State of Florida Department of Environmental Protection in an aggregate principal amount not to exceed $25 million to refund a portion of the Collier County Water/Sewer District Water and Sewer Revenue Bond, Series 2006; number two, authorize the execution and delivery of two state-revolving fund loan agreement amendments; and number three, authorize the execution and delivery of an escrow deposit agreement with U.S. Bank National Association. And Mr. Joe Bellone, your utility finance operations director, may present or answer questions. CHAIRWOMAN HILLER: County Manager, there's a gentleman standing behind Mr. Bellone. Is there something -- UNIDENTIFIED SPEAKER: I'd like to ask if I can give this to the city manager for his comment for his letter. Page 61 June 25, 2013 CHAIRWOMAN HILLER: You're welcome to give it to him. Go right ahead. Thank you. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Mr. Bellone, are you required by law to make any statements on the record in order for this to happen? MR. BELLONE: Madam Chair, no, I am not. CHAIRWOMAN HILLER: Is there any comment that you would like to make other than that is a good thing? MR. BELLONE: No, Madam Chair, other than to thank the -- CHAIRWOMAN HILLER: Thank you. MR. BELLONE: -- small community that helped to make this possible today, that's the finance committee, the representatives from Angie Brewer & Associates, our state-revolving fund loan consultants, and our county's financial advisors all contributed to this. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: And I'll second it. There being no discussion, 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: Thank you, Commissioners. That takes us CHAIRWOMAN HILLER: Please take off the light for public speakers. MR. MILLER: Sony. CHAIRWOMAN HILLER: Thank you. Item #1 OA Page 62 June 25, 2013 RESOLUTION 2013-143: APPOINTING GLEN D. HARRELL TO THE PUBLIC TRANSIT AD HOC ADVISORY COMMITTEE — ADOPTED MR. OCHS: We move back to Item 10, Board of County Commissioners. 10A is appointment of member to the Public Transit Ad Hoc Advisory Committee. COMMISSIONER HENNING: Move to approve Glen Harrell. 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 2013-144: RE-APPOINTING RONALD J. DOINO, JR. AND MICHAEL BOYD TO THE CONTRACTORS LICENSING BOARD — ADOPTED MR. OCHS: 10B is appointment of members to the Contractors Licensing Board. COMMISSIONER HENNING: Move to approve Michael Boyd and Ronald Denaro (sic). CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in Page 63 June 25, 2013 favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10C RESOLUTION 2013-145: APPOINTING DARLING SMITH TO THE BLACK AFFAIRS ADVISORY BOARD — ADOPTED MR. OCHS: 10C is appointment of member to the Black Affairs Advisory Board. COMMISSIONER HENNING: Move to approve Darling Smith. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10D RESOLUTION 2013-146: RE-APPOINTING BARBARA MINCH ROSENBERG TO THE EDUCATIONAL FACILITIES Page 64 June 25, 2013 AUTHORITY — ADOPTED MR. OCHS: 10D is appointment of member to the Educational Facilities Authority. COMMISSIONER HENNING: Move to approve Barbara Rosenberg. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10E RESOLUTION 2013-147: RE-APPOINTING JOHN J. AGNELLI TO THE INDUSTRIAL DEVELOPMENT AUTHORITY — ADOPTED MR. OCHS: 10E is appointment of member to the Industrial Development Authority. COMMISSIONER HENNING: Move to approve John Agnelli. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? Page 65 June 25, 2013 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10F RESOLUTION 2013-148: APPOINTING WILLIAM BRUCE GARRETT, JR. AND VINCENT KEEYS TO THE AIRPORT AUTHORITY ADVISORY BOARD — ADOPTED MR. OCHS: 10F is appointment of member to the Airport Authority Advisory Board. COMMISSIONER HENNING: Move to approve William Garrett and Vincent Keeys. COMMISSIONER FIALA: No. You know what, did we read all of these things? I just can't -- I can't go along with that, being that now we're going to have, with these two, five people all representing the Immokalee airport. Mr. Garrett, although he lives in my district, he works for Fletcher, according to all of the backup material. COMMISSIONER HENNING: Oh, that Fletcher. COMMISSIONER FIALA: Mr. Keeys, they -- what they said was we would only have people from the Immokalee airport and -- or from District 5, and you wouldn't have anybody else on there. And we do have a couple other airports out there, like, for instance, Marco that's the cash cow. And so I think we ought to go back to the drawing board and see if we can't recruit people from other areas rather than only from Immokalee. CHAIRWOMAN HILLER: Commissioner -- Page 66 June 25, 2013 COMMISSIONER COYLE: I would agree. COMMISSIONER HENNING: Immokalee people. CHAIRWOMAN HILLER: Any -- COMMISSIONER NANCE: Well, I mean that -- we can -- CHAIRWOMAN HILLER: Did you make a motion on that, Commissioner Henning? COMMISSIONER HENNING: I did. COMMISSIONER FIALA: He did. CHAIRWOMAN HILLER: Do we have a second? COMMISSIONER NANCE: I will second it. I will -- under comment I will say, you know, at present we can't even conduct business out there because we don't have a quorum. COMMISSIONER FIALA: Well, how can we conduct business if they only come from -- currently both advisory board members and one alternate member are all from District 5, resulting -- with these two, that would be five members on there from District 5 and with an overrepresentation for just one district, and I just think that that is so wrong. CHAIRWOMAN HILLER: One speaker? MR. MILLER: One. CHAIRWOMAN HILLER: One speaker. MR. MILLER: Would you like me to call the speaker? CHAIRWOMAN HILLER: Yes, please. MR. MILLER: Your public speaker is Michael Schumann. MR. SCHUMANN: Madam Chair, members of the board, you currently have five vacancies on this board. You've got two applicants. This is an example of what I talked about earlier today. You have one application, mine, that hasn't even been forwarded to you because I am not a registered voter in Collier County. There is a lot of people in Collier County that are interested in airports who, for whatever reason, are not registered to vote here or not full-time residents, but we pay a lot of taxes, and we use the Page 67 June 25, 2013 airports, and we would like to, basically, participate. And you have the vacancies, and you have a problem that Commissioner Fiala indicated, that you have virtually 100 percent right now on the board representing one geographic area. I'm an example of somebody who's in District 4, okay. The easy way to solve this problem is to eliminate the requirement that you automatically have to be a registered voter in Collier County to be on the board. I think people that are -- that spend a lot of time in Collier County -- I own a business here. I spend eight months of the year in Collier County. I'm very active in the community. I participate in the local SCORE chapter. People like me should have the opportunity to participate. CHAIRWOMAN HILLER: Let me make a suggestion. We're going to have a workshop on the advisory boards. We're going to see -- you know, we're going to do a cost-benefit analysis, evaluate what's legally required versus what is discretionary, and we'll bring up your comment for consideration during the workshop and decide whether or not at that time, as we review how our advisory boards are selected -- and give consideration to your recommendation at that time. MR. SCHUMANN: I guess my question is, why wait? Okay. CHAIRWOMAN HILLER: Well, because we're going to have a workshop to address and discuss this, and it would be the appropriate forum to look at your recommendation in totality with other recommendations that are coming forward with respect to the operation of advisory boards and the selection of its members. MR. SCHUMANN: And when is that going to be? CHAIRWOMAN HILLER: The county manager will be putting the schedule together. It will be in September, I believe. MR. SCHUMANN: Okay. But you have vacancies right now. And I'm not suggesting that you change anything that forces you to put anybody who's not a resident on these boards. I'm just suggesting Page 68 June 25, 2013 you change the ordinance expeditiously so you have the option. COMMISSIONER HENNING: The ordinance is not on the agenda today. MR. SCHUMANN: No, I understand that. COMMISSIONER HENNING: All right. Thank you. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: And let me read one more thing from this, please. Jeff Klatzkow, he said this appointment would create a recurring voting conflict. Accordingly, I would strongly advise against such an appointment. And the other thing here, it says, the employee -- this particular gentleman is an employee of the company that does business with the airport on the advisory board and represents a conflict of interest. So I think we're sliding down a slippery slope if we do this. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I was going to point that out. It really is a violation of our ordinance also. The ordinance prescribes that there would be at least one member appointed from each of the communities of Immokalee, Marco Island, and Everglades City and that there should not be a conflict of interest. But the point is that we are making decisions concerning the airport right now, and we've done it without the advisory board at all. I don't see the need to rush into it. I think a workshop on that issue is entirely appropriate, and I would like the idea (sic) to deal with that issue and to discuss qualifications of people for the airport board -- advisory board appointments. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, this hysteria is just the previous board against -- COMMISSIONER COYLE: Hysteria? COMMISSIONER HENNING: -- Fletcher Flying -- Page 69 June 25, 2013 COMMISSIONER COYLE: Hysteria? COMMISSIONER HENNING: -- you know, the one gentleman that's applying for it does live in Marco Island, District -- COMMISSIONER FIALA: Yes, and he works for Fletcher Flying. COMMISSIONER HENNING: Yeah, I know. It's again -- it's all about against Fletcher Flying. COMMISSIONER FIALA: No, it isn't. It's about stacking the deck. COMMISSIONER HENNING: The one who buys 50 percent of the -- more than 50 percent of the fuel in Immokalee. COMMISSIONER FIALA: In Immokalee. COMMISSIONER HENNING: And as far as it deals with Fletcher Flying, this gentleman from Marco Island would have to vote against it. You know, there is a vacancy. There's no advisory board as present. So either we do away with the board, or we start appointing members. COMMISSIONER FIALA: Do you -- I mean, you're a pretty fair guy. Do you honestly feel that having five members all working for one airport is a fair outcome? I mean, you're really fair. I can't believe that you honestly feel that it's okay to have everybody working for one airport rather than all three airports. I cannot vote for this. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yeah. Commissioner Fiala, I don't know how you say that there's five people working for one airport. Mr. Klein is from Everglades City. COMMISSIONER FIALA: I said -- COMMISSIONER NANCE: The other gentleman is from Ave Maria, and he's an airline pilot for American Airlines, and Mr. Crews is a resident of Immokalee. So it's not like we have everybody associated with -- Page 70 June 25, 2013 COMMISSIONER FIALA: They're all District 5, though, right? Yes. Every single one of them lives in District 5. Well, doesn't live there. The guy that lives in Marco works out of District 5. COMMISSIONER NANCE: Yeah, he -- well, yeah, he lives in Marco, and Mr. Klein lives in Everglades City. COMMISSIONER FIALA: District 5. COMMISSIONER NANCE: Right, which -- all right. Well, two out of the three airports happen to be in District 5. So, I mean, if there is somebody from Marco Island that wants to represent Marco, I wish -- you know, I wish they would step forward. But the fact of the matter is, we can't do -- we are getting absolutely nothing out of this advisory board, because they're not -- they can't -- they're incapable of having a meeting. If people want to declare their conflict of interest, they certainly need to do that, but I don't think that that -- that should stop us from going forward. COMMISSIONER FIALA: Let me ask you, why is so much attention being focused on Immokalee airport and nothing focused on the other two airports? COMMISSIONER HENNING: Madam Chair, I call the question. CHAIRWOMAN HILLER: There being no further discussion, all in favor? (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries 3-2 with Commissioner Fiala and Coyle dissenting. COMMISSIONER FIALA: We'll see what happens now with the airports. CHAIRWOMAN HILLER: I just want to go ahead and make a comment. There was an application to the Planning Commission for Page 71 June 25, 2013 an open seat in my district, and through no one's fault, that application didn't come forward and should properly have been on today's agenda. And if the board would indulge, I would like -- since the applicant has been waiting and expected to be heard, I would like the application to be brought forward today, if we could address that during communications, give the board the opportunity to review the applicant's bio and then vote on it just before the end of this meeting. The applicant is Mike Rosen. I think many of you know Mike Rosen. COMMISSIONER NANCE: Yes. CHAIRWOMAN HILLER: Do you know Mike Rosen? COMMISSIONER FIALA: I don't know. I can't remember. CHAIRWOMAN HILLER: Can't remember. COMMISSIONER FIALA: No, I know somebody named Rosen. CHAIRWOMAN HILLER: He used to work -- he used to be the representative for Divosta for Pulte Homes. COMMISSIONER FIALA: Oh, I know who he is. I do know who he is. CHAIRWOMAN HILLER: And so my recommendation will be to appoint Mike Rosen to the seat on the Planning Commission. And he did submit his application. I did have an opportunity to review it, and I'd like to get that done today. So if you don't mind, official advisory board coordinator, if you could kindly give his application to the members of the board, allow them to review it, and then we'll bring it forward right before we go into communications and vote on that. COMMISSIONER NANCE: I would make -- if you need a -- if that's a motion, I'll make a second. COMMISSIONER FIALA: Okay. Are we allowed to do that without first public noticing it? MR. KLATZKOW: It would have been easier if -- when we set Page 72 June 25, 2013 the agenda, if we could put this item on then as a new item before the board. CHAIRWOMAN HILLER: I'd like to do it now. I mean, this should have been on this agenda, and I don't want to keep -- actually, I think it was supposed to be on the last agenda, because I just found out about it, you know, yesterday, and spoke to the applicant and found out that they had applied. And, actually, I do believe it should have been on the previous agenda. And, again, through no one's fault. MR. KLATZKOW: If you go this route, you will have a procedural question as to this appointment that you would not have if you wait till the next meeting and do this. CHAIRWOMAN HILLER: What is the procedural question? MR. KLATZKOW: It's not on your agenda. There's no public notice. You have no application. The public doesn't have the ability to come here and comment on it. COMMISSIONER NANCE: Let's put it on the 9th. CHAIRWOMAN HILLER: Okay. Then put it on the agenda for the 9th. MR. KLATZKOW: I think that's best, yes. CHAIRWOMAN HILLER: That's fine. MS. BARTLETT: It's already on the agenda for the 9th. CHAIRWOMAN HILLER: Is it? Okay. You're very kind. Thanks for doing that. MR. OCHS: Commissioner -- CHAIRWOMAN HILLER: We'll just move it to the agenda for the 9th then. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: So we won't make a modification. MR. OCHS: Very good. Item #10H Page 73 June 25, 2013 RECONSIDERATION ITEM OF THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), 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 THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., AND AUTHORIZE THE CRA CHAIR TO SIGN THE A LEASE4 AGREEMENT WITH AN ANNUAL CRA RENT EXPENDITURE OF NOT-TO-EXCEED $21,766.32. — MOTION TO DENY — APPROVED MR. OCHS: Item 10H is a recommendation 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 lease agreement for office space with Southwest Florida Workforce Development Board, and authorize CRA chair to sign and attach the lease agreement and annual CRA expenditure of not to exceed $21,766.32. This item was approved by the board at the June 11th meeting for reconsideration. That reconsideration at that time was brought forward by Commissioner Henning. CHAIRWOMAN HILLER: Let me make a suggestion. MR. OCHS: Madam Chair, excuse my interruption, but you have an identical item listed under your CRA. CHAIRWOMAN HILLER: I know. And that's -- actually, you and I are on the same page. I was just going to say 14B 1 is the same issue under the CRA, so I'd like to hear them both as companion items Page 74 June 25, 2013 so we don't have to go back and forth on the same issue. Commissioner Henning? COMMISSIONER HENNING: Thank you. Madam Chair, working with the interim CRA director on potentially locating at the airport, I tried to reduce the cost to the CRA knowing that they previously had a lease at the airport that didn't work out because of the location of the particular facility and needing of capital improvements. I didn't think it'd be a concern but, from my understanding, it is a concern from the advisory board members of the Immokalee CRA. CHAIRWOMAN HILLER: So you don't want to reconsider it? COMMISSIONER HENNING: Therefore, I want you to vote no on the reconsideration -- CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: -- to -- so working with CRA members, and the subsequent item to extend the existing lease is to vote no on that also. So I make a motion to vote no on this. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Do you really want to comment on this? COMMISSIONER FIALA: No. I was going to talk about CRAs. But are we going to have a workshop on the CRAs? Because I -- CHAIRWOMAN HILLER: Can we talk about that under communications? COMMISSIONER FIALA: Yes, we can. CHAIRWOMAN HILLER: That's great. Thank you. COMMISSIONER FIALA: Thank you. CHAIRWOMAN HILLER: There being no further discussion, all in favor? Page 75 June 25, 2013 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #14B1 THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), THE RELOCATION OF THE IMMOKALEE CRA OFFICE, AUTHORIZING FINING NOTICE TO THE CRA'S CURRENT LANDLORD OF ITS INTENT NOT TO RENEW THE EXISTING LEASE AGREEMENT, APPROVED ENTERING INTO A LEASE AGREEMENT FOR OFFICE SPACE WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., AND AUTHORIZING THE CRA CHAIR TO SIGN A LEASE AGREEMENT WITH AN ANNUAL CRA REND EXPENDITURE OF NOT TO EXCEED $21,766.32 — APPROVED CHAIRWOMAN HILLER: If we could now move to 14B 1. MR. OCHS: Madam Chair, would you like to convene as the CRA now? CHAIRMAN NANCE: Yes. We will convene the Board of County Commissioners acting as the Collier County CRA in session. COMMISSIONER HILLER: County Manager? MR. OCHS: And 14B1, Mr. Chairman, is consideration of the proposed office space lease agreement with the south -- excuse me -- Southwest Florida Workforce Development Board. Mr. Muckel is here on behalf of the CRA, if you have any questions. Page 76 June 25, 2013 CHAIRMAN NANCE: Yes. Commissioner Henning, do you have any further comment on that? I think, with my discussions with Mr. Muckel, he would like to -- he would like to enter into this new agreement at the Southwest Florida Works, the facility known as the One Stop. Mr. Muckel, do you have any comment for us, sir? MR. MUCKEL: Not at all. This item was approved back in May during your regular board meeting, so we'll just -- I have the lease here with me today. I'll circulate it for signatures, and that will be it. CHAIRMAN NANCE: Yes, sir. Actually, I personally thank you for it. I think it's going to be a great relocation. I also thank Commissioner Henning for his concern in being engaged in Immokalee CRA. It's great to have multiple commissioners working on that, and I thank you for your initiative. MR. MUCKEL: Thank you. COMMISSIONER HENNING: Yeah, let me -- correction. I thought this was a lease extension from the existing location. MR. OCHS: No, sir. COMMISSIONER HENNING: But I -- correct me if I'm wrong, we do want to vote yes on this one. MR. OCHS: Yes, sir. MR. MUCKEL: To move the CRA to the Southwest Florida Workforce Building, correct. COMMISSIONER HENNING: Correct, my apologies. COMMISSIONER HILLER: That was the action that was previously taken. MR. MUCKEL: Yes, it was, on May 28th, I believe. COMMISSIONER HILLER: So since there is no reconsideration and since action was already taken, I don't think we have to vote on this again. MR. MUCKEL: Exactly. Page 77 June 25, 2013 COMMISSIONER HILLER: Do we? We're done. COMMISSIONER FIALA: Could I ask a question, though? MR. KLATZKOW: You know, if you just vote yes, we're done with any question. COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: Is there a motion to approve? COMMISSIONER HENNING: So moved. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: Is there any discussion? Commissioner Coyle, anything to say, sir? COMMISSIONER COYLE: No. COMMISSIONER FIALA: I have a question. Brad, I'm so interested, passionate, really, about the CRAs. And I was just wondering, what are you doing right now as far as progress goes or, you know, to kick start this thing or get it moving in the right direction? I realize you've had a lot of turmoil now trying to figure out where you're going to live. MR. MUCKEL: Sure. COMMISSIONER FIALA: But what projects are you working on? CHAIRMAN NANCE: Commissioner Fiala, could we table this discussion down into comments? I'm trying to -- COMMISSIONER FIALA: Well, the reason I'm asking now is because he's here how. COMMISSIONER HILLER: Yeah, but we have a time-certain that's coming up right now. COMMISSIONER FIALA: Okay. COMMISSIONER HILLER: I have a tight agenda, and I have to stay on schedule. CHAIRMAN NANCE: I would appreciate your indulgence. We're trying to make a -- COMMISSIONER FIALA: Would you let me know in writing Page 78 June 25, 2013 then? MR. MUCKEL: Absolutely. COMMISSIONER FIALA: I'm just so interested in it. And I'm sorry that I'm being cut off. MR. MUCKEL: It would be my pleasure. I'll do that. CHAIRMAN NANCE: Please understand I share your enthusiasm, and Mr. Muckel has, indeed, done a great job. But I'd like to move this approval forward. If there's no further discussion. COMMISSIONER HILLER: Go ahead. CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed, like sign? (No response.) CHAIRMAN NANCE: The motion is approved unanimously. COMMISSIONER HILLER: Do you want to close the CRA? CHAIRMAN NANCE: You want to -- we're going to now close the session of the Community Redevelopment Agency -- COMMISSIONER FIALA: Don't you have the next, 14B2? CHAIRMAN NANCE: -- return to the agenda. MR. OCHS: Ms. Jourdan is not here, Commissioner. COMMISSIONER FIALA: Oh, okay. MR. OCHS: She'll be here when that item comes back up. Item #10I DIRECT THE COUNTY MANAGER TO PREPARE AND PRESENT A SUMMARY INVENTORY OF COLLIER COUNTY Page 79 June 25, 2013 CAPITAL ASSETS THAT HAVE HAD PROGRAMMED MAINTENANCE OR REPLACEMENT THAT HAS BEEN DELAYED OR DEFERRED DUE TO LACK OF SUFFICIENT FUNDING, TOGETHER WITH AN ESTIMATE OF THE EXPENSE AND FISCAL OBLIGATION THAT HAS BEEN DEFERRED IN 2013 DOLLARS. INVENTORY TO LIST, IDENTIFY, AND BREAK OUT DETAIL OF THE DELAYED MAINTENANCE NEEDS AND PROJECTS, TOGETHER WITH EXPENSE ESTIMATES FOR EACH CATEGORY, INCLUDING AN ITEMIZATION OF ANY INDIVIDUAL ASSET OR SYSTEM NEEDING REPLACEMENT OR UPGRADE, OR ANY AGGREGATE MAINTENANCE PROJECT UNDER A LISTED CATEGORY ESTIMATED TO COST IN EXCESS OF $250,000. — MOTION TO PLACE ON THE BOARD'S FALL WORKSHOP AGENDA — APPROVED MR. OCHS: Madam Chair, that takes you back to Item 10I, which is a recommendation to direct the county manager to prepare and present a summary inventory of Collier County capital assets that have had programmed maintenance or replacement that has been delayed or deferred due to lack of sufficient funding, together with an estimate of the expense and fiscal obligation that has been deferred in 2013 dollars. Inventory to list, identify, and break out detail of the delayed maintenance needs and projects together with expense estimates for each category, including an itemization of any individual asset or system needing replacement or upgrade, or any aggregate maintenance project under a listed category estimated to cost in excess of $250,000. This item was brought forward by Commissioner Nance. CHAIRWOMAN HILLER: Commissioner Nance, would you like to comment? Page 80 June 25, 2013 COMMISSIONER NANCE: Yes, ma'am. Madam Chair and members of the board, I brought this agenda item forward because of my concern reviewing the four-year 2014 budget summary and the different caveats that were included by staff in that. Throughout the presentation of the budget, there were comments. For example, on Page 6 of the budget summary, there was a caveat presented that says the county's ability to dedicate proper resources to asset, maintenance, and replacement will be challenged going forward without additional cuts in operating services or the introduction of new resources. That's basically an administrative caveat that says we're going to have to have new sources of revenue or a tax increase. Throughout the budget, there was also statements made that different divisions in our county government operations that are on a break-and-fix circumstance, which means that we have deferred preventative maintenance and we're going to a break-and-fix sort of a survival mode which, of course, is more costly over a period of time and may result in downtime and cuts in operating services. So I thought it appropriate, since this deferred maintenance is going to be a long-term cost to us for which we're going to have to budget in the years, not only this present year, but going forward, that we arrive at some sort of a basic inventory so that the board can take a look at where we are and help decision-make, together with staff, on the different sorts of challenges that we have going forward. I just think this is very appropriate. And, you know, I think it should be brought to the board, and I think it should be made a matter of public record so the public is not under any delusions as to the challenges we face going forward with our budget. CHAIRWOMAN HILLER: If I may, the county manager was directed to develop what you're describing about two years ago, and I believe staff is close to finalizing that analysis. Page 81 June 25, 2013 County Manager, when can you bring that forward? Because this was already directed, like, I think, in 2011, 2012. MR. OCHS: Yes, ma'am. This is -- in fact, what Commissioner Nance has asked for is a principal objective and outcome of the asset management project that is underway. CHAIRWOMAN HILLER: Exactly. MR. OCHS: We are scheduled -- and I'm bringing you an updated workshop schedule at the next meeting that will assign workshop topics through the rest of the calendar year. We had earmarked presentation on this item for the September workshop. I know you've asked now for the advisory board item to be added to that as well. So as soon as you get back from your break this summer, Commissioners, we are scheduled to workshop this item with you and show you the progress to date, show you the inventory of the assets that we have so far cataloged and valued, and we'll be able to make a fairly comprehensive presentation in the fall. CHAIRWOMAN HILLER: Thank you. COMMISSIONER NANCE: That, sir, though -- isn't that -- that's a plan for the management of our assets as a whole. CHAIRWOMAN HILLER: No. It's the inventory of the assets MR. OCHS: Well, it's -- CHAIRWOMAN HILLER: -- and the estimate of what the repairs and replacements will be going forward. COMMISSIONER NANCE: For all assets. CHAIRWOMAN HILLER: For all the assets. COMMISSIONER NANCE: Is that going to include a statement of those in arrears? This is what I'm asking -- MR. OCHS: Yes. COMMISSIONER NANCE: I'm asking for a statement of what's in arrears. I'm not asking for -- Page 82 June 25, 2013 MR. OCHS: Right. COMMISSIONER NANCE: -- you know, for you to finish your plan on asset management as a whole, which I think is, of course, critical to that. But I'm trying to get an assessment of where it is that we are at present. MR. OCHS: Yes. And we will do both at that workshop. COMMISSIONER NANCE: So this is going to be included in the workshop? MR. OCHS: Yes. CHAIRWOMAN HILLER: Yeah, because -- COMMISSIONER NANCE: And the scheduled date is? MR. OCHS: Well, it's going to depend on what date the board sets at their next meeting, either September or October, depending on which items you prioritize for your workshops in those two months. COMMISSIONER NANCE: All right. CHAIRWOMAN HILLER: To give you an example, one of the items that is due for replacement is the 800 megahertz system, which was included in our budget. That's an example of an item which, I mean, technically should have been replaced several years back as pointed out by Commissioner Coyle. That's being addressed. That would be included on there. They can't -- the staff cannot ignore what has to be done that hasn't been done yet. All they will do is, when there is something that has priority because it's been delayed, it will just be, in the schedule of priorities, the first item that the board will be asked to consider for either placement or repair, as the case may be. So I think that what -- my understanding of what the county manager is doing is exactly what you've asked but what the board has asked already previously, which is what he's bringing forward. COMMISSIONER NANCE: All right. CHAIRWOMAN HILLER: So, basically, what you're asking is what the board has already asked. So you're in line in -- with the Page 83 June 25, 2013 board's thinking of what's needed in order for us to properly assess, you know, what our future obligations will be with respect to our aging assets. COMMISSIONER NANCE: All right. So I'm going to make a motion that this inventory be made part of the workshop that's scheduled to be held in the fall then. MR. OCHS: That would be fine, sir. CHAIRWOMAN HILLER: Yeah, that's fine. I'll second that. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: (Absent.) CHAIRWOMAN HILLER: Motion carries unanimously. We have a time-certain. Item #13A PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S OFFICE REGARDING AUDIT REPORT 2013-4 PARKS AND RECREATION FREEDOM PARK FOLLOW-UP CASH REVIEW — PRESENTED AND DISCUSSED MR. OCHS: Yes, we do, Madam Chair. That is Item 13A on your agenda. It is a presentation by the Clerk of the Circuit Court's office regarding Audit Report 2013-4, parks and recreation, Freedom Park follow-up cash review. CHAIRWOMAN HILLER: Commissioner Coyle has something he has to do, so he's going to be excusing himself right now, and then he'll be returning at 1:30, just for the record. (Commissioner Coyle left the boardroom.) Page 84 June 25, 2013 MR. OCHS: Madam Chair, I'm sorry. You will be reconvening the meeting at 1 o'clock or 1:30? - CHAIRWOMAN HILLER: It depends on when we finish. If we finish at noon, we'll reconvene at 1. If we finish beyond noon, then we will reconvene at 1:30. We'll be flexible to try to get as much done in the time we have available. MS. GAILLARD: At the request of -- Megan Gaillard, for the record. The Clerk's Office conducted a follow-up cash review for Freedom Park at the request of the board on the April 9th meeting. Previously, we had multiple findings for cash and the controls over the location. Of the original comments, 79 percent have been corrected, and 21 percent remain, which is three items. The location remains a strong concern for the Clerk's Office and the parks and recreation department. While it doesn't take much revenue, weakness in controls is very concerning. Picture of the gift shop. Our objective was to determine whether the corrective actions were adequate and sufficiently addressed the initial findings. During our review the three open comp findings remained, that there was still an inordinate number of item-not-found transactions, the no-sale transaction is still not being properly controlled, and deposits haven't been made in accordance with the policy. And seven additional audit findings were noted in this review. The first additional finding is that there's an inadequate control over the no-sale features access. Once the users log into the computer system, all users have the same password and user ID. When they're making entries in the system, the descriptions still are not accurate, and transactions haven't been conducted in accordance with the policies. The second finding is the inordinate number of item-not-founds was further reviewed to determine if inventory had been addressed and properly controlled. It was determined that there were insufficient Page 85 June 25, 2013 controls for the inventory. When we asked for additional records for descriptions, they weren't available, and the department couldn't reconcile inventory. There are no policies or procedures for inventory or for systems review within the department. Revenue's been allocated to the wrong cost centers as well as the wrong funds. The class journal listing report improperly calculated sales tax. With further review, we identified it's limited to that report, but the report not calculating should have been detected in reviews. The cash register opened for noncash transactions, like credit card transactions, and the policy for deposits had conflicting language. Our overall recommendations for the review is that the no-sale features should be properly controlled; limiting access and providing each user a unique ID and a password; written policies should be implemented to control, track, and monitor the inventory; revenues should be allocated to the appropriate funds and cost centers. The department's gone back and done corrective entries for the revenue allocations for the period. Deposits should be completed daily and in accordance with the policies, and all Florida Statutes and county policies and procedures should be followed. We're still concerned over the lack of controls and the exposure to risk for this location. The department doesn't have sufficient mechanisms to control, track, or monitor inventory or computer systems, and the department's working to ensure that proper controls/procedures are implemented to correct the issues. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Leo? MR. OCHS: Yes, sir. COMMISSIONER HENNING: How many other facilities do we have like this that we're selling goods; do we have any at all? MR. OCHS: We have several, sir. North Regional Park, for Page 86 June 25, 2013 example. The regional park has a conference center where there's some sales of souvenirs and other items, for one. I'll ask Mr. Williams to give you a more complete list, sir, if you'd like. COMMISSIONER HENNING: Yeah. If I recall from the last time -- Megan, I don't have any questions for you. I do want to thank you, though. What I recall from the sales is very, very minimal sales at this location. MR. OCHS: Yes, sir. MS. GILLARD: Approximately $18,000 through the point-of-sale system. COMMISSIONER HENNING: A year? MS. GILLARD: Yes. COMMISSIONER HENNING: And I'm sure the employee, and probably more than one employee there, makes a heck of a lot more than $18,000 a year. MS. WILLIAMS: Commissioners, Barry Williams, parks and recreation director. Commissioner Henning, you're absolutely correct. We are evaluating these locations where we're doing these little retail sales operations and evaluating them to determine if it's cost effective for us to do it. COMMISSIONER HENNING: I think you need to evaluate what the mission is of parks and rec and what kind of service you should be providing. Retail sales, I would really question that. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: However, with the marinas that we had out there or -- those you're providing a service in those retail sales, that is a benefit to the community. I'm not sure if these outlets that we have at the parks, the recreational parks, is a service that we're providing or if it's there to Page 87 June 25, 2013 create revenue, okay. But that's the day-to-day operation that I have nothing to say so about that. But I would hope that it would be evaluated, and let's get to the core mission. CHAIRWOMAN HILLER: I think you're absolutely right, Commissioner Henning. I think we need to evaluate not only these gift shops but all the gift shops and all the shops and all the food concessions we have through the county and really evaluate to what extent we should be engaging in these operations and to what extent we should be farming them out or to, as you point out, maybe make a decision of not provide the particular service because the demand isn't there, and so why have it. I mean, as an example, you know, you could have a few limited items that are memorial related online, for sale online, and not have to deal with something like this, if that's even a consideration that would be contemplated. So we need to look at the totality of how we are providing these services and decide if we shouldn't either outsource or stop altogether in certain instances. MR. CARNELL: If I could, Madam Chairwoman; Steve Carnell on behalf of your public services division. My office is engaged -- in cooperation with Barry and with other departments in my division, we're actually doing that very analysis you just described right now. CHAIRWOMAN HILLER: Great. MR. CARNELL: We're looking at all of our points of sale, all places where we collect cash presently -- CHAIRWOMAN HILLER: Like, for example, Freedom -- not Freedom Park, but North Naples. North Collier had the, you know -- MR. CARNELL: Oh, absolutely. CHAIRWOMAN HILLER: -- the crime, if you will, that was committed where funds were being embezzled from, I believe, the Page 88 June 25, 2013 food concession. So, you know, we need to -- I'm so glad to hear that you're doing that. I don't think we really need to have much more discussion on it. I think what we would appreciate as a board is you coming back to us and giving us a comprehensive picture and explaining to us, you know, what your recommendations are and why, and then we can go ahead and see if, from a policy standpoint, it really is or isn't serving the public. MR. CARNELL: We'll be happy to, and we're on track to do that. CHAIRWOMAN HILLER: Thank you. Does that work for you, Commissioner Henning? COMMISSIONER HENNING: Yeah, that works. CHAIRWOMAN HILLER: That's great. Thanks. Commissioner Nance? COMMISSIONER NANCE: Yes. I would like to commend you for the transition you made with the marinas. I think privatizing these services is going to be a lot more cost efficient for parks and recreation. It's going to allow the services to get to the public. And I believe that if it's market driven by the private sector, that they will provide the services to the public better and, you know, what the public wants, because they'll make it their business to do so. And, you know, if they're fabulously profitable, they can share some of it with parks and recreation. I would encourage you to do that, and I think what you did with the marinas was very, very good and went ahead and made it possible for us to staff the Eagles Lake Community Center and South Immokalee Park additions at no extra cost to the taxpayers. So I will thank you for your effort in that direction. CHAIRWOMAN HILLER: And it definitely has been working. I was over at Wiggins -- COMMISSIONER FIALA: It was me that started that. Page 89 June 25, 2013 CHAIRWOMAN HILLER: -- and it was absolutely fantastic. I mean -- COMMISSIONER HENNING: Did you buy some shrimp over there? CHAIRWOMAN HILLER: No, I didn't buy any shrimp, but I did speak to the lady who's actually managing that facility through our company that we have contracted with, and everybody that I have heard that is using that facility is very pleased, and she's very pleased working there, and their shop looks great, and it all would seem, you know, to be a good thing. And next time I go back I'm getting shrimp. Is it bait, or is it just, like -- COMMISSIONER HENNING: Well, it depends -- CHAIRWOMAN HILLER: I'm just curious. COMMISSIONER HENNING: It depends on your luck. CHAIRWOMAN HILLER: I mean, at what point? What point shrimp are we talking about here? COMMISSIONER HENNING: If you don't have good luck that day, you can always take it home and throw it in the frying pan. CHAIRWOMAN HILLER: Got it. Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah, I don't usually like to take credit for anything, because I figure let everybody else take the credit for it. It's okay, just as long as it gets done. But in this particular instance, I am going to stand up and say we were having problems at the different parks with trying to keep it staffed and, not only that, keep the hours open, and I suggested to very, very open people that maybe we needed to outsource. We worked together, and that's why you see it done now. And it's worked so beautifully for us, and the nice thing about outsourcing -- and I'm not usually a great proponent of outsourcing, because usually it works better in-house, but in this case they actually had their Page 90 June 25, 2013 finger on the pulse of things, know what each area needs, and responds to that, even with the hours. So I just want to say, good job, well done. Thank you. CHAIRWOMAN HILLER: Okay. So I'm going to -- I don't ever like giving the Naples Daily News credit, because they really don't deserve it, but in this case, I will say a starfish for Commissioner Fiala, a starfish for our staff, and even a starfish for Leo. So that's three starfish, and no coconuts. Okay. MR. OCHS: Very nice. CHAIRWOMAN HILLER: Just FYI. MR. OCHS: Commissioners, we look forward to bringing back that analysis and report about all of our point-of-sale operations. COMMISSIONER NANCE: That's probably over our ordinance limit for starfish, though, isn't it, on one item? CHAIRWOMAN HILLER: I don't even think we have an ordinance for that. That could be completely illegal. COMMISSIONER NANCE: It's a workshop. CHAIRWOMAN HILLER: It's a workshop. MR. OCHS: Thank you, Commissioners. Item #11A ACCEPT REPORT AND RECOMMENDATIONS REGARDING POTENTIAL LOCATIONS FOR RADIO CONTROLLED AIRPLANES, BOATS AND CARS WITHIN THE COLLIER COUNTY PARKS SYSTEM. - MOTION FOR STAFF TO WORK WITH MODEL AIRPLANE AND YACHT CLUBS FOR AN AGREEABLE LOCATION (PREFERABLY NORTH COLLIER REGIONAL PARK) AND BRING BACK FOR BOARD APPROVAL — APPROVED MR. OCHS: Madam Chair, if we move on, then, on Item 11A Page 91 June 25, 2013 under county manager's report. This is a recommendation to accept report and recommendations regarding potential locations for radio-controlled airplanes, boats, and cars within the Collier County park system. Mr. Williams, your parks and rec director, will present. To refresh the board's memory, this was a directive previously given by the board to do this analysis and come back and report up to the board. Barry? MR. WILLIAMS: Yes, sir. Commissioners, Barry Williams, Parks and Recreation Director. Just a real quick presentation, if I may. Just in terms of what Mr. Ochs had indicated, that you did ask us to come back and look at potential locations for some hobbyists that we know of in our community, folks that use remote-control cars, airplanes, and boats. CHAIRWOMAN HILLER: Can I make a suggestion? I see that you have 15 pages in this, which doesn't sound like a short presentation. And while this is an interesting issue, I'm not sure that it warrants -- COMMISSIONER HENNING: What's the punchline? CHAIRWOMAN HILLER: Right. Can you get to the punchline? Give us -- MR. WILLIAMS: Absolutely. CHAIRWOMAN HILLER: -- the options. MR. WILLIAMS: Yes, ma'am, absolutely. Commissioners -- CHAIRWOMAN HILLER: But thank you for the work. I mean, scanning it I could see it was very well done. MR. WILLIAMS: Thank you very much. CHAIRWOMAN HILLER: It's very appreciated. MR. WILLIAMS: Commissioners, we have some options. With the cars, what we'd like to suggest is we're not quite sure if the users Page 92 June 25, 2013 out there are interested in such a thing. We used to have a location at Golden Gate Community Park. What we'd like to do is to reach out to those users, see if there is an interest. We have a location that we could install something, but we're just not clear if there's a demand for that. For the boats we've got three options. We've got Sugden, Vineyards, and North Collier Regional Park, those three locations. And the Yacht Club has come to Parks and Rec Advisory Board. They have voted to support them. So it's just a matter of us getting with them and coming to an arrangement for them to use one of those three locations. The planes are a little more difficult. We have a current relationship with Collier County Model Airplane Club. They fly out of Manatee Park. It's a 60-acre undeveloped piece of property. They have a couple of issues that they're dealing with. One is neighbors. And Commissioner Fiala's done a great job in working with Fiddler's Creek and that group and kind of resolving some of those issues. They have voted to fly at certain times, certain airplanes. They fly electric planes which aren't disruptive to the neighbors. So the electric planes are able to fly at Manatee. We have a month-to-month relationship with them, but the only thing that would drive them out is if we develop Manatee Park, and we don't currently have funding for that. The bigger issue is the gas-powered planes. The gas-powered planes, large wing span, noisy. Finding a location for them is a tough thing. There are a couple places where they're flying now. The fairgrounds. We could approach them about that possibility. We also approached the airport in terms of potentially them flying at Everglades City, and that's a possibility. There are some issues with that in terms of working with the airport and making sure there's no Page 93 June 25, 2013 conflicts with the planes that use the airfield, but there is a -- there is a possibility there. What we're asking is to direct staff to pursue an agreement with the boats for a place at one of these three locations; for the cars, us seek out whether there's interest in that and look at -- develop that location at Golden Gate; and then continue to work with Collier County Model Airplane Club to look for a location for the gas-powered planes. With that, I'll stop and see if you have any questions. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I will say we had a very interesting conversation with Mr. Casalanguida the other day from growth management who was saying that he was seeking to evaluate his wet and dry detention areas for possible multiple uses, since we seem to have a lot of these in some places, and some of them may -- particularly the wet detention, if we have lakes and so on and so forth that we have that are part of our transportation system and are remote enough that they -- you know, they don't bother anybody, perhaps we could double dip and utilize some of those for some of the -- some of the minor uses we have, such as fishing or radio-controlled boats or something of that nature. And I think he's considering that at present, so that would be something good that we could also look into. MR. WILLIAMS: Absolutely. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, I think those are good suggestions, and I'd like you to pursue it. I was wondering, we have a huge area at the landfill that isn't part of the working process at the landfill right now, and -- which wouldn't be flying in anybody's airspace and it certainly wouldn't be interrupting any homes or anything. And I was wondering if you had ventured into that area to take a look at that. And if not, if possibly Page 94 June 25, 2013 you could add that to your list of potential sites. MR. WILLIAMS: Absolutely. We could certainly have discussions with Dr. Yilmaz and see if there's some potential use there, just as with Mr. Casalanguida, if there are some opportunities there. Where there's lands that the county owns and that can work, certainly we'd be interested in that. COMMISSIONER FIALA: Yeah. I don't think we have anything in progress right now to build a new landfill site on that property, so we have, what, a couple hundred acres sitting there just empty, and possibly that would be something that could be used. Thank you. MR. WILLIAMS: Yes, ma'am. CHAIRWOMAN HILLER: There being no further discussion at this point in time, would you like to go back and bring back a final proposal that the board can work on and consider? Because it doesn't seem to me like right now you have anything we can actually vote on. MR. WILLIAMS: If you were to give direction for us to make an agreement with the Yacht Club for one of the locations -- and we'll explore -- CHAIRWOMAN HILLER: As far as the location for the Yacht Club, I think what makes perfect sense is Sugden. MR. WILLIAMS: Okay. COMMISSIONER FIALA: Well, that is a little bit of a problem, though. CHAIRWOMAN HILLER: Why is that? COMMISSIONER FIALA: And Barry could tell you about that. They've got the boating there for the handicapped kids that fly -- you know, that work on certain times, and they have a lot of volunteers that work with these kids. They also have the water ski show that also CHAIRWOMAN HILLER: Right. COMMISSIONER FIALA: -- limits what the boats can do. Page 95 June 25, 2013 CHAIRWOMAN HILLER: And I'll say this: I think all the parks have different activities that need to be considered, so -- COMMISSIONER FIALA: Except North Naples. They have good -- they have a good area there that the boaters could -- MR. WILLIAMS: North Naples would be our recommendation to work with the Yacht Club, but we can certainly -- CHAIRWOMAN HILLER: What affect would that have on the neighbors and noise? And I'd like to see this activity restricted to certain hours of certain days -- MR. WILLIAMS: Absolutely. CHAIRWOMAN HILLER: -- because I don't think it would be appropriate to have it ongoing. And, again, I want to know what the noise impact would be -- COMMISSIONER FIALA: For the boats? CHAIRWOMAN HILLER: Yeah, to neighbors if there's any proximity. MR. WILLIAMS: The boats are minimal. I think that -- and our experience has been -- and these remote boats, they don't make a lot of noise. They're sail driven. And I will show one photograph, if I can, and just show you -- this is the area that we're discussing in terms of potentially for the Yacht Club. This is a stormwater retention pond that we've worked with South Florida Water Management. There was a question a couple of years ago about us using it for recreational use, and we got a positive response from South Florida Water Management on that. We use it -- people come there now and use it, catch and release. There's fish there. They do use it for remote control sails -- sailboats. It's not an organized group, but we do have a couple of people that will put their sailboat in there. The beauty of this location is the parking. We do have adequate parking. I think that's a consideration for the Yacht Club. I think always is the location of where we locate these things, at the north end Page 96 June 25, 2013 of town. CHAIRWOMAN HILLER: That's fine. How many people do you think will be using this facility for that activity? MR. WILLIAMS: The Yacht Club -- I'm not sure exactly their membership. I believe it's less than a hundred. I don't know if anybody's here representing them today, but I think -- it's not a lot of users. The flying -- the guys that fly the planes, we're talking about 125. That's about the number. So it's a small niche group of recreational users. CHAIRWOMAN HILLER: But the only thing that we're talking about for North Collier would be the boating? MR. WILLIAMS: Yes, ma'am. CHAIRWOMAN HILLER: That doesn't seem unreasonable. MR. OCHS: And immediately to the south there, ma'am, on the photo, that is all a hundred acres of preserve. CHAIRWOMAN HILLER: Right. I see that. And given the location that you're identifying for this particular activity, it does make sense. And, again, just look at it from the standpoint of scheduling it during certain times because, for example, when we have a lot of the -- you know, the baseball games and the soccer training and the competition, I mean, these parking lots get so full, so try to work it where -- I mean, if these people are predominantly retirees, they can be more accommodating as compared to, you know, the working families that are using this facility on the weekend for these type of activities; obviously, the evening doesn't matter. But North Naples does seem to work. I was thinking of Sugden because of the proximity to the Yacht Club. So I figured these guys would, you know, jump off one boat and then go and play with their other boat. You know, just saying. MR. WILLIAMS: Well, we could bring back an agreement with those -- that group to you for approval if that would be acceptable. CHAIRWOMAN HILLER: That's fine. That would be. But, Page 97 June 25, 2013 again, with consideration of time. MR. WILLIAMS: Yes, ma'am. CHAIRWOMAN HILLER: And day. MR. WILLIAMS: That would be included in the agreement's provisions for when they could sail and disruptions and that type of thing. CHAIRWOMAN HILLER: So -- and so then we'll just go ahead and direct you to bring back a number of proposals with respect to these activities and then -- MR. WILLIAMS: If you could provide direction -- three things. One is direct staff to work with the Collier County Model Airplane Club to find a location for them either at the Everglades City or the fairgrounds or another location not determined; the second is direct us to work with the Yacht Club, the boaters, to develop an agreement to come back to the board with that allows them to use one of the locations, North Collier being our preference; and then the third is direct staff to reach out to the folks associated with the model remote cars just to see if there's an interest in revisiting a location at Golden Gate Community Park. CHAIRWOMAN HILLER: So moved. COMMISSIONER FIALA: I'd like to make that motion. Oh, you made it? CHAIRWOMAN HILLER: I beat you, but you can second me. COMMISSIONER FIALA: Well, okay. CHAIRWOMAN HILLER: And if it means a lot to you, I'll second you. COMMISSIONER FIALA: Okay. That would be nice. CHAIRWOMAN HILLER: Okay. COMMISSIONER FIALA: I would like to make that motion. CHAIRWOMAN HILLER: I think Commissioner Fiala wants another starfish. MR. WILLIAMS: Love to give her one. Page 98 June 25, 2013 CHAIRWOMAN HILLER: So give her the starfish. I'll take the second starfish. And can I have two more starfish? COMMISSIONER FIALA: All in favor? CHAIRWOMAN HILLER: All in favor. COMMISSIONER HENNING: I want a cherry on mine. COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: All right. Motion carries unanimously. Item #11C RESOLUTION 2013-149: A RESOLUTION EXTENDING THE "IMPACT FEE PROGRAM FOR THE EXISTING COMMERCIAL REDEVELOPMENT" TO JULY 1, 2014, BASED ON THE CONTINUING INTEREST IN THE PROGRAM AND THE ONGOING DISCUSSIONS RELATED TO COMMERCIAL IMPACT FEES — ADOPTED MR. OCHS: Madam Chairman, that takes us to Item 11C on your agenda, which was a recommendation to approve -- CHAIRWOMAN HILLER: Motion to approve. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. Page 99 June 2-5, 2013 CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: That takes us to Community Redevelopment Agency, Item 14B2. CHAIRWOMAN HILLER: Actually it takes us to 12A. MR. OCHS: I'm so sorry. You're right. COMMISSIONER FIALA: You know, on that last one, though, I really wanted to make one little comment -- CHAIRWOMAN HILLER: Go ahead. COMMISSIONER FIALA: -- and that is, on the impact fees for water and wastewater on existing commercial redevelopment -- and then I know we've already voted on it; it went so fast I wasn't able to insert that sometimes the impact fees, even though they're existing buildings and have already paid an impact fee on water and wastewater, they're paying it again, and sometimes it's so enormous, that cost, that -- CHAIRWOMAN HILLER: But they're not paying it again. They're not paying it again. COMMISSIONER FIALA: Oh, yes, they are. CHAIRWOMAN HILLER: In this context, they're paying it again? COMMISSIONER FIALA: Yes, ma'am. MR. OCHS: Yes, ma'am. The water and sewer impact fee is exempted. CHAIRWOMAN HILLER: It's exempted. MR. OCHS: No. COMMISSIONER FIALA: It's exempted from -- MR. OCHS: From the relief. It's paid. COMMISSIONER FIALA: See, the rest of them, they don't pay the impact fee on; the water and sewer they do. MR. OCHS: It is paid, commissioner. It is paid. COMMISSIONER FIALA: That's right. And so -- and sometimes that's an exorbitant amount, and it will prevent a Page 100 June 25, 2013 commercial business from moving into a place. And I'm thinking, being that they've already been paid once -- and I realize we still have water and sewer, especially when you convert an office from -- an office use to a restaurant, for instance; there's got to be a fee, but maybe it could be a greatly reduced fee is what I was thinking. CHAIRWOMAN HILLER: I see your point. It was my understanding that they were only paying the incremental impact fee. In other words -- I'm sorry, that only the -- it was my understanding the incremental impact fee was being waived. MR. OCHS: For everyone except water and sewer. CHAIRWOMAN HILLER: But why would we be charging -- we can't charge twice. I mean, once there's a hookup -- I mean, once, you know, the impact is there and has been paid for at that base level, how can we charge them again for something that was charged for already once? MR. KLATZKOW: You're charging for a bigger hookup. CHAIRWOMAN HILLER: But, again, when you charge for the bigger hookup, you can only charge for the incremental -- MR. KLATZKOW: That's my understanding. CHAIRWOMAN HILLER: -- difference or waive the incremental difference. MR. KLATZKOW: That's what we do. CHAIRWOMAN HILLER: But we're not. What I'm hearing is is that you're charging for what has been paid for once plus the increment. If you're -- what are you charging for? MR. KLATZKOW: My understanding, the charge is for the increment only. MR. OCHS: Amy? CHAIRWOMAN HILLER: Are you being charged -- are you charging for the increment, or are you charging the total? MS. PATTERSON: Respective of water and sewer? CHAIRWOMAN HILLER: Yeah. Page 101 -K- • June 25, 2013 MS. PATTERSON: The issue is an intensification of use. It's only the incremental increase that's being charged. It's not -- we're not charging them over again. CHAIRWOMAN HILLER: So you're not charging them for what the original builder paid for? MS. PATTERSON: Right. CHAIRWOMAN HILLER: You are only charging them for the difference between what has already been paid and whatever the intensification of use -- MS. PATTERSON: That's correct. CHAIRWOMAN HILLER: -- has as an impact on the community? MS. PATTERSON: That's correct. COMMISSIONER FIALA: Which we're not doing in all the other impact fee cases, only this one. And I believe -- and we've been talking about trying to encourage commercial businesses and trying to get our stock off the market, and that's -- and I'm just saying, maybe this fee -- COMMISSIONER HENNING: This is not on the agenda. COMMISSIONER FIALA: -- could be reduced. COMMISSIONER HENNING: It's not on the agenda, and if somebody wants to make it an executive summary, I think that would be appropriate; however -- CHAIRWOMAN HILLER: I agree with that. I think if -- COMMISSIONER HENNING: It's not on the agenda. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: No, it isn't, but I wanted to bring it up, but it was voted on already. CHAIRWOMAN HILLER: It's actually appropriate to bring it up under 11C. And I think what you're proposing, Commissioner Fiala, is that the exemption apply also to the incremental utility impact. So why don't you just bring that back on the next agenda, and Page 102 June 25, 2013 we can go ahead and adjust what's being proposed accordingly. Because, in effect, what you're suggesting is that we expand the impact fee program to incorporate utilities. COMMISSIONER FIALA: Or at least -- yes. And if they need to have a utility impact fee because they're changing uses, maybe it could be a modified one rather than an overpowering one -- CHAIRWOMAN HILLER: Like 50 percent or 75 percent? COMMISSIONER FIALA: -- because we're trying -- yeah, something like that to encourage -- CHAIRWOMAN HILLER: Whatever. Why don't you -- MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Let me bring -- let me suggest that Commissioner Fiala bring back a proposal on the next agenda. COMMISSIONER FIALA: I won't be here for -- well, I'll be on the phone, so I could do that. CHAIRWOMAN HILLER: Yeah. And we can address it at that time, or we could, alternatively, address it at the time that we address economic incentives. MR. OCHS: Yes, ma'am. I was going to suggest, your current economic incentive programs all sunset in October -- CHAIRWOMAN HILLER: So -- MR. OCHS: -- of this year. So when you come back from the break -- COMMISSIONER FIALA: Why don't we do that? MR. OCHS: -- we were planning to bring the new incentive program that Mr. Register identified on your September agenda, and perhaps we could bring this analysis at the same time -- CHAIRWOMAN HILLER: Absolutely -- MR. OCHS: -- if you could consider that. CHAIRWOMAN HILLER: -- along with other impact fee waiver considerations that have been presented before the board to the extent anybody wants them. Page 103 June 25, 2013 MR. OCHS: Yes. CHAIRWOMAN HILLER: And that can be discussed. MR. OCHS: Would that be acceptable, Commissioner? COMMISSIONER FIALA: Sure, it would. We're just trying to encourage commercial, mom and pops. MR. OCHS: I understand your intent. And we'll work on that and bring it back in September if that works for the board. CHAIRWOMAN HILLER: Thank you. So that motion was carried unanimously. MR. OCHS: Yes, ma'am, it was. Item #12A THE COUNTY ATTORNEY TO ADVERTISE TWO ORDINANCES WHICH WOULD EFFECTIVELY MERGE THE ENVIRONMENTAL ADVISORY COUNCIL (EAC) INTO THE COLLIER COUNTY PLANNING COMMISSION (CCPC). — MOTION FOR THE CCPC TO BE MADE UP OF SEVEN (7) MEMBERS, ONE (1) MEMBER REPRESENTING EACH DISTRICT AND TWO (2) AT-LARGE TECHNICAL MEMBERS (ONE WITH AN ENVIRONMENTAL BACKGROUND AND THE SECOND WITH KNOWLEDGE IN HYDROLOGY) — APPROVED MR. OCHS: I'm sorry. 12A, then, becomes 16K1. CHAIRWOMAN HILLER: 12A, right. MR. OCHS: And that was the recommendation to direct the county attorney to advertise two ordinances which would effectively merge the Environmental Advisory Council into the Collier County Planning Commission. CHAIRWOMAN HILLER: I'd like to comment on that. First of all, I want to thank Commissioner Henning for bringing the suggestion forward to, you know, introduce a more efficient and effective manner Page 104 June 25, 2013 of evaluating these planning decisions that are coming before these advisory boards and our board. It certainly will be beneficial to bring the two advisory boards together so that they can actually engage in dialogue and talk about the environmental issues while considering the other planning considerations. But what I would like to say is that I prefer what Commissioner Henning recommended over what the Planning Commission has recommended. Because it seems that what the Planning Commission is proposing is just expanding that board, which -- and I think larger boards sometimes -- sometimes it's much more difficult to make a decision on a particular issue. I'm not sure we need as many people as they're proposing. I would like to suggest that the restructuring be as follows, and I'd like to make this a motion: That the Planning Commission be made up of five members -- I'm sorry, seven members, that we have one member representing each district, and that that member be appointed by majority vote and, obviously, recommended by the commissioner of that district, and that we add two at-large members that are technical members, one representing -- I hate to use this expression, but since we're talking environmental, bugs and bunnies, and the other technical member being someone that has a background in hydrology, because water is obviously the other very significant consideration in our planning decisions. And those two members would be elected by supermaj ority vote. COMMISSIONER FIALA: I second that motion. CHAIRWOMAN HILLER: Thank you. MR. KLATZKOW: May I just make one comment? CHAIRWOMAN HILLER: Yes. MR. KLATZKOW: You may have difficulty finding somebody if you narrow it to hydrology. That may be your preference. CHAIRWOMAN HILLER: Well, we can indicate it that it's as Page 105 June 25, 2013 preference, if that's acceptable to the board. But, you know, obviously, the two issues is, you know -- when you talk about environmental issues, on the one hand you've got the animals and then on the other hand you've got, you know, water. MR. KLATZKOW: Oh, I fully understand the sentiment. I'm concerned that you may not find a qualified individual, that you should have the ability to -- CHAIRWOMAN HILLER: I actually -- you're not going to even believe this, but I think one person who had approached and was interested in sitting on the Planning Commission -- do you know Dom Amico from Agnoli Barber? Are you familiar with him? He's the -- he's, like, a super water guy. COMMISSIONER FIALA: There's a few of them. CHAIRWOMAN HILLER: And there are, like, so many people out there who -- I mean, we've got so many people in our community who understand water and who are sensitive to water. We have Judy Hushon as another example of someone who has an understanding of water. COMMISSIONER FIALA: Rick Barber, too. CHAIRWOMAN HILLER: I mean, I think -- yeah, Rick -- he works for him. COMMISSIONER FIALA: Oh, yeah. CHAIRWOMAN HILLER: So you've got -- I mean, I think you've got a lot of people out there with that. And let me just suggest that if it doesn't work, let's just change it. But I would -- maybe using your wording, you know, with a preference for -- but let's let Commissioner Henning speak, because he was the one who originally brought it forward. COMMISSIONER HENNING: Well, it's not expanding the board. The Planning Commission existing, that have nine. But if you want some efficiencies, you just appoint one member. CHAIRWOMAN HILLER: Well, we have to have an odd Page 106 June 25, 2013 number. COMMISSIONER HENNING: An odd number? CHAIRWOMAN HILLER: Yeah, in order to -- COMMISSIONER HENNING: Well, one is an odd number. CHAIRWOMAN HILLER: Well, but we have five; it would become six. COMMISSIONER HENNING: I'm kidding. CHAIRWOMAN HILLER: Are you -- I'm vulnerable today, okay? The Bruins lost last night. I'm sensitive. So do not -- do not -- be gentle, okay. That's all I'm saying. COMMISSIONER HENNING: Well, anyways, I can accept what the Planning Commission recommended or what your motion is. I think it makes a lot of sense. CHAIRWOMAN HILLER: Thank you. Well, we have a motion and a second on the table. COMMISSIONER HENNING: I think one makes a lot of sense, too. CHAIRWOMAN HILLER: Go ahead, Commissioner Nance. COMMISSIONER NANCE: Yes. I would just like to make one comment, and I will say, I'm -- are we going to -- it is my understanding that we are going to have a workshop to discuss how we are going to better utilize our working advisory boards; is that not correct? CHAIRWOMAN HILLER: We -- COMMISSIONER NANCE: Now, wait a second. Let me finish, please. What I am saying here and a concern that I have is I absolutely endorse that completely, but what I would like to do is I would like to make sure, as we coalesce these advisory boards, that we do not lose all of the rural input that we get. And I think it's quite likely that when we examine these -- some of these boards, we're going to find that some of the rural boards are Page 107 m June 25, 2013 some of the ones that are the ones that people don't pay attention to, because there's so many more people in the urban coastal zone. So I would like to lobby, when we have important and overarching organizations like the CCPC, that we put somebody in there that's supposed to look at agrarian and truly rural issues and not just rural residential. And I think my district shares that, and I think Commissioner Fiala -- CHAIRWOMAN HILLER: And when you select your representative for your district, you need to make sure that individual represents the rural as well as the urban interests within your community. We can't -- COMMISSIONER NANCE: That's hard to do. That's very hard to do. CHAIRWOMAN HILLER: It shouldn't be. COMMISSIONER FIALA: But the good thing is that many of the animals as well as flora and fauna issues are in rural areas rather than in urban. And so you probably have one that will be there anyway. And same with the water. I mean, that's where our water sources are. COMMISSIONER NANCE: Well, you know, when half of the people live in the Estates, it's a rural residential setting. It's not agrarian. And it's -- it doesn't deal with the industries that we're going to have out there with the concerns they have in an agrarian situation. The Estates is not agrarian. And, you know, you have a lot of agrarian things in your district, and those are special. And what I don't want to see is I don't want to see all our advisory boards that deal with those disappear because of lack of interest, and we lose those. So I just wanted to make that comment. CHAIRWOMAN HILLER: And we should definitely address that. I think you make a very good point. Please don't let us forget that point, Leo, when we come to the workshop. Page 108 June 25, 2013 There being no further discussion on this, all in favor? COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. So, County Attorney, you understand the board's direction, five and two? MR. KLATZKOW: Yes, and I'll bring back a proposed ordinance. I'll advertise it and bring it back at the next meeting. CHAIRWOMAN HILLER: Thank you. You're very kind. COMMISSIONER HENNING: Are we going to eat today? CHAIRWOMAN HILLER: No, we're not eating. I don't eat anymore. The Bruins lost. I quit eating last night. COMMISSIONER NANCE: Well, the morning crew with their sporting events is noon, and it is now 12:11. CHAIRWOMAN HILLER: Okay. MR. OCHS: Commissioner, you have one more item before -- CHAIRWOMAN HILLER: And we have Jean Jouran here. I'd like to adjourn at 12:15. I don't know how much discussion there will be on this item. Jean, would you like to step forward. And would you call the CRA into session, please. CHAIRMAN NANCE: Yes. The CRA is now in session. Item #14B2 THE CRA RELOCATING THE BAYSHORE GATEWAY TRIANGLE CRA OFFICE TO 3570 BAYSHORE DRIVE, A 3- YEAR OFFICE LEASE WITH 3570 BAYSHORE LLC, AND THE CRA CHAIRMAN TO SIGN THE LEASE AGREEMENT — Page 109 June 25, 2013 APPROVED MR. OCHS: Mr. Chairman, this is -- 14B2 is a recommendation for the CRA to approve relocating the Bayshore/Gateway Triangle CRA office to 3570 Bayshore Drive, approve a three-year office lease with 3575 Bayshore LLC, and authorize the CRA chairman to sign the lease agreement. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Why can't the Immokalee CRA get such a deal like that? Wow. Just kidding. COMMISSIONER HILLER: Call the vote, please. Can you call COMMISSIONER HENNING: You're doing a good job, Brad. CHAIRMAN NANCE: Yes. Does anybody have any more comments? COMMISSIONER FIALA: Well, I have one, but I wasn't allowed to ask before, so I probably can't ask now, but I would like to know what you're working on as far as progress goes and what the -- I think all of our board members should know the vital role that the CRAs play, and so -- COMMISSIONER HILLER: Can I suggest something, Commissioner Fiala? COMMISSIONER HENNING: That's a workshop item. COMMISSIONER FIALA: No. COMMISSIONER HILLER: It's not a workshop. At the end of every year, the beginning of the next years, the CRA actually prepares an annual report where they let the board know what their accomplishments are and what their goals and objectives are for the next year. And that's coming up. Isn't that scheduled -- when is that happening? MS. CASERTA: It's normally in January or February. Page 110 June 25, 2013 COMMISSIONER HILLER: Is it January or February? Do you want to change the timetable on that and have an interim update? COMMISSIONER FIALA: Well, this -- it wouldn't have taken but about five minutes. But that's all right. I'm going to let it go, but COMMISSIONER HILLER: Not on the agenda. COMMISSIONER FIALA: But I sit in on their meetings. I know what they're doing, but I think all of you ought to know. And, you know, we -- COMMISSIONER HENNING: Send me an email. COMMISSIONER FIALA: -- ought to all become familiar. But I'm being rushed again, so just be quiet, same old thing. COMMISSIONER HILLER: No. We have to -- first of all, it's not on the agenda. And forgive me, but on the general agenda, we have a time-certain at 11:30 (sic), and the commissioners have to go to lunch. So -- and I said I wouldn't go beyond 12:15, so it wouldn't be appropriate. But I do encourage -- COMMISSIONER FIALA: Sorry. COMMISSIONER HILLER: -- what Commissioner Fiala says. I think she's right; it should be brought forward. And maybe you can provide us an interim report -- CHAIRMAN NANCE: We'll schedule an interim update for the CRA activities. COMMISSIONER HILLER: Exactly. CHAIRMAN NANCE: I think it would be appropriate, because it's a fast-moving subject. And I would ask Mr. Ochs just to put that on our calendar at some point, if that's agreeable to the members of the board. COMMISSIONER HENNING: No, just send an email. MS. CASERTA: We would be happy to provide -- COMMISSIONER FIALA: But the audience doesn't hear it Page 111 June 25, 2013 then, and I think they've got some bragging rights, and I think audiences and -- COMMISSIONER HILLER: You have -- COMMISSIONER FIALA: -- citizens in general need to know. COMMISSIONER HENNING: I'm watching. I need that gavel back. CHAIRMAN NANCE: I'm not going to give it back. COMMISSIONER FIALA: Hey. That's all right. I'm sorry I'm being cut off. COMMISSIONER HILLER: You're not being cut off. It's a great idea. CHAIRMAN NANCE: Okay. That having been said, indicate aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes unanimously. And we will close the Community Redevelopment Agency and restore the gavel to the chair. CHAIRWOMAN HILLER: Thank you. Just to conclude on what Commissioner Fiala said, it's a great idea. It's not currently on the agenda. The public should have notice if a report like this is going to be presented. So the suggestion that it be brought forward as an interim report on a future agenda, maybe when we come back after this summer, to give us an update, is a very positive one. COMMISSIONER HENNING: Maybe Commissioner Fiala could do that under communications. COMMISSIONER FIALA: I don't know what the CRA in Page 112 June 25, 2013 Immokalee is doing. CHAIRWOMAN HILLER: It's okay. It's not on the agenda. COMMISSIONER HENNING: Brad, you can talk to Commissioner Fiala. MR. MUCKEL: I'll be happy to. CHAIRWOMAN HILLER: Let me -- again, I don't want to turn this into a discussion, because I did commit that we would terminate at 12:15 in order to be back, because we do have a 1:30 time-certain, and there will be quite a few people attending. Again, it should be publicly noticed. It should be included in the backup so that the community has the opportunity to review it. Let's schedule it for sometime in the fall, and then it will be an interim report looking forward to a final report in January or February. And with that, we're going to conclude for now to take a lunch break, and we will be back at 12:15 (sic) -- I'm sorry, 1:15, and we have a time-certain at 1:30. (A luncheon recess was had.) MR. OCHS: Madam Chairman, you have a live mike. CHAIRWOMAN HILLER: This meeting is called back to order. County Manager? Item #10G ACCEPTING THE RANKINGS FROM THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY REQUEST FOR PROPOSALS (RFP) #13-6081 MEDICAL DIRECTOR AND DEPUTY MEDICAL DIRECTOR AND DETERMINE FINAL ACTION. — MOTION DIRECTING THE CHAIRWOMAN TO NEGOTIATE A CONTRACT WITH DR. TOBER AS THE MEDICAL DIRECTOR AND DR. LEE AS THE DEPUTY MEDICAL DIRECTOR — APPROVED Page 113 June 25, 2013 MR. OCHS: Yes, ma'am. You have a time-certain 1:30 p.m. hearing. It is Item 10G on your agenda. It is a recommendation to accept the rankings from the Collier County Public Safety Authority for Request for Proposal 13-6081, medical director and deputy medical director, and for the board to determine subsequent action. CHAIRWOMAN HILLER: Thank you. Before we get started, County Attorney, can you clarify for the board what action we're taking so there is no misunderstanding. You know, obviously there's a difference between the action we're taking today and the subsequent action, which is contract related. MR. KLATZKOW: Well, you're being asked to accept, you know, the results that occurred with your board, and then to take whatever action you feel appropriate. If you decide to go with the -- I'm not sure I'll call it a recommendation. But if you decide to go a different route with your director, you can't hire him here. You would have to, in essence, appoint one of you to negotiate a contract, see if you can come to terms, and then bring that contract back for a public hearing and discussion and a potential vote. CHAIRWOMAN HILLER: So the decision here today is not a final decision but the first in a two-step process. The first is the selection of the candidate for medical director and the selection of the candidate for the deputy medical director, and then at a subsequent meeting a negotiated contract for each of those positions will be presented to the board for approval. MR. KLATZKOW: Assuming that you can get into a contract. CHAIRWOMAN HILLER: Negotiation. MR. KLATZKOW: Negotiation, yes. CHAIRWOMAN HILLER: But that there's a meeting of minds. MR. KLATZKOW: Yes. CHAIRWOMAN HILLER: So we're not actually hiring Page 114 June 25, 2013 anybody here today. MR. KLATZKOW: No, you're not hiring anybody today. CHAIRWOMAN HILLER: Okay. Thank you. How many public do we have? MR. MILLER: We have 10 registered speakers. CHAIRWOMAN HILLER: What's the pleasure of the board? Would the board like to hear the public speakers first before we get into any discussion? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: So let's go ahead and begin with the public speakers. MR. MILLER: Your first public speaker is Eric Eskioglu. He'll be followed by Edward Morton. My apologies on the pronunciation of your last name, sir. DR. ESKIOGLU: No problem, no problem. Good afternoon, Commissioners. Dr. Eric Eskioglu. I'm the medical director of the only comprehensive stroke center in Southwest Florida, and I would like the commissioners to take in the recommendations of the Public Safety Authority, which is made up by a lot of smart citizens and also medical professionals. And we are all -- I'm asking -- and this is for me and my patients -- is we'd like to have an EMS director that is fair and that is not tied to any interests or any hospital at this point. Thank you so much. CHAIRWOMAN HILLER: And the recommendation of the PSA, for the record -- County Attorney, would you like to give us the results of the PSA recommendation for the benefit of the public that might not have had the opportunity to view the hearing or, I should say, the interviews and the vote by the PSA? MR. KLATZKOW: Give me one second. MR. OCHS: Commissioner, I can do that if you'd like. I have it in front of me. Page 115 June 25, 2013 CHAIRWOMAN HILLER: Sure, of course. MR. OCHS: Yes, ma'am. There were two candidates interviewed for the medical director position. Dr. James Augustine received seven first-place rankings by the Public Safety Authority members present, and Dr. Robert Tober received six first-place rankings. CHAIRWOMAN HILLER: So to summarize, the Public Safety Authority has recommended Dr. Augustine as the -- MR. OCHS: He was ranked No. 1 among medical director candidate. Dr. Tober was ranked No. 2. CHAIRWOMAN HILLER: Out of two candidates? MR. OCHS: Out of two candidates, yes, ma'am. And then -- CHAIRWOMAN HILLER: For the position of medical director? MR. OCHS: That's correct, Madam Chair. And then for the position of deputy medical director, there were three candidates, and the committee ranked Dr. Jeffrey Panozzo as the No. 1 ranked deputy medical director candidate; Dr. Richard Judah was ranked second; and Dr. Douglas Lee was ranked third by your Public Safety Authority for deputy medical director candidate. CHAIRWOMAN HILLER: Thank you. And that's for the benefit of the public so they know what the result of the PSA are, which we are being asked to approve. MR. MILLER: Your next public speaker is Edward Morton. He'll be followed by Dennis Hidlebaugh. MR. MORTON: Good afternoon. For the record, Edward A. Morton. I speak here today on behalf of Dr. Robert Tober. I was a former member of the PSA but could see clearly the political intrigue that has intervened into what otherwise should have been a very objective process. I felt that the sophistry that was being practiced had undermined the process to the extent that an objective decision could never be Page 116 Rune 25, 2013 raised or could never be made. I think the politics are very obvious. The editorial in the newspaper called very clear attention to that. And I am here to give my unequivocal support to Dr. Tober. The reason why I withdrew from that process, which that vote would have been, incidentally, 7-7, was to bring attention to the fact that this process has become corrupted, and it needed to be brought to the attention of people that -- someone who has put the kind of effort that Dr. Tober has placed into this community for 30 years, and to see his integrity called into question warranted, I think, someone taking a stand and taking a position in defense of his integrity and his commitment to this community. So without any further ado, I would like to give my unconditional support to Dr. Robert Tober. Thank you. MR. MILLER: Your next speaker is Dennis Hidlebaugh. He'll be followed by Janet Vasey. MR. HIDLEBAUGH: I'm Dennis Hidlebaugh. I'm chief of staff, Physicians Regional Healthcare System. I'd like to make two points. The first point is that the recommendation by the Collier County Medical Society president recently to the commissioners is incorrect. The rank-and-file members of the Collier County Medical Society and the board did not review this recommendation, and the rank-and-file members did never -- did never have a vote for that recommendation. So I would like to -- my medical staff would like to counter the president of the Collier County Medical Society's recommendation. And that No. 2 is that we recommend that the PSA recommendation should be followed. Thank you. CHAIRWOMAN HILLER: Meaning you're -- what are -- state for the record who you are supporting so there's no ambiguity in the interpretation. MR. HIDLEBAUGH: Dr. Augustine. Page 117 June 25, 2013 CHAIRWOMAN HILLER: And for deputy? MR. HIDLEBAUGH: Dr. Panozzo. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Janet Vasey. She'll be followed by Doug Fee. MS. VASEY: Good afternoon, Commissioners. Janet Vasey for the record. While I'm a member of your Public Safety Authority, I am speaking for myself today. I have serious concerns regarding Dr. Augustine's suitability as Collier County medical director. He is currently medical director for four or five organizations in Ohio and Georgia, and he teaches in Ohio. And my question is, will he be available 24/7 to Collier County EMS? Your own performance requirement for the EMS medical director evaluation states, and I quote, county medical director or his appointee shall provide continuous 24/7 medical direction to resolve problems, system conflicts, et cetera. This is what we're used to with Dr. Tober and Dr. Lee, and this is what we expect in Collier County; people doing our job. To accept less would reduce our current award-winning EMS service. Dr. Augustine also had serious training deficiencies during his tenure as medical director of the DC fire and EMS. Paramedic training and excellent performance should be job one for a medical director, yet nine months after Dr. Augustine's arrival in DC, 92 of 95 paramedics failed an independently administered test by the University of Maryland using national standards for entry-level paramedics. In Collier County we expect paramedic training that is second to none, and we get it. Dr. Tober requires his paramedics to pass rigorous one-on-one testing with him personally before they are accepted as Collier County EMS paramedics. Anyone surviving this Page 118 - June 25, 2013 process is considered Toberized. Patient care comes first in Collier, and poorly trained paramedics do not come in contact with EMS patients under Dr. Tober's leadership. Dr. Tober's been an excellent EMS medical director and should continue in that capacity. Under his leadership, Collier County EMS has been identified best in the state and best in the nation. And just six months ago, EMS received national accreditation, a feat achieved by only 150 EMS systems in the entire U.S. Dr. Tober has received numerous honors. He's been Physician of the Year several times. He's one of the top 10 innovators in EMS per the Journal of Emergency Medical Services, he has a Lifetime Achievement Award in emergency medicine, and EMS Medical Director of the Year for the State of Florida. You clearly have the best medical director in Dr. Tober. Please allow him to continue providing us world-class service. Thank you very much. MR. MILLER: Your next speaker is Doug Fee. He'll be followed by Jim Gibson. MR. FEE: Waive. MR. MILLER: Doug Fee will waive. Jim Gibson will be followed by Carlos Portu. MR. GIBSON: Madam Chair, Commissioners, Jim Gibson, for the record. I'm not a particularly articulate speaker, but I do feel strongly about the need to retain Dr. Tober. Perhaps my best course is to cite briefly from the Naples Daily News editorial of June 23rd entitled, "Keep skilled medical leadership at the helm of Collier County EMS." For the past 35 years, Collier EMS has had Dr. Tober at the helm of its medical policies and practices. In that time, under Dr. Tober's leadership, Collier EMS has earned national and statewide honors for excellence and pioneering with strokes and heart attacks. Even when Page 119 -� June 25, 2013 the ratings involved surprise visits by outside regulators, Collier EMS excelled. All the extraneous issues surrounding this retention question aside, the sole issue in question should be public health and safety. The title of the position in question is medical director. Medical director. That is Dr. Robert Tober. Thank you. MR. MILLER: Your next public speaker is Carlos Portu. He'll be followed by George Dawz (sic). DR. PORTU: Thank you, Commissioners. For the record, Dr. Carlos Portu. I want to thank you all for the opportunity to address you today on a topic that truly, I think, impacts the health and well-being of many of our residents here in the county, myself being one of them. I was recently upset and dismayed at the letter of support sent to both you and the Naples Daily News by Dr. Pagliaro, presumably on behalf of the entire Collier County Medical Society membership. My disappointment stems from the fact that at no point at any time during my last three years participating in the Collier County Medical Society has there ever been an open discussion about our county's medical director or his ability to actively and appropriately perform his job duties. I consider myself rather involved in the medical community. I have a large medical practice. I'm on the board of directors for a 60-physician group in Collier County. I chair the department of medicine for one of our two healthcare systems within the community, and I like to participate in our civic duties, yet at no point was this a discussion that was ever brought up as part of the medical society. No emails, no online poll, no phone call, no mention of the issue until this letter of supposed support was sent to the news press. Needless to say that the statement of Collier County Medical Society was more the opinion of a few board members or a president as opposed to that of our physician community. Page 120 June 25, 2013 Quite frankly, I respectfully disagree. From the perspective of a physician who has worked hard to expand our healthcare system throughout the community bringing quality, affordable and effective healthcare to thousands of people, many of whom inhabits part of our community that is not particularly well served by different parts of our healthcare system, I found Dr. Tober as a medical director to be a very poor choice. He has been nothing but an obstacle in our quest to bring innovative services, lines, and nationally recognized care to our county. Of what benefit is a leader who creates divisiveness and strife without -- doing very little to expand quality services in our community? I think the testimony you've heard so far is pretty obvious what the issue is, is that here's an individual, though rightfully probably qualified, creates a divisive atmosphere that doesn't lead to a cohesive healthcare community, and it's something that's very important going forward, particularly given the challenges that we'll be facing as a country in the healthcare system. So I'd encourage you to think of all the perspectives here, not just necessarily the resume of one particular candidate versus another. Okay. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is George Dawz (sic). He'll be followed by Ron Myers. MR. DANZ: Madam Chair, Commissioners, my name is George Danz. I'm a citizen, 813 Charlemage Boulevard. I'm retired from Broward County where I served as director of emergency services for many years and also director of the Broward County Trauma Agency. I am not a member of the public safety committee, but I have attended all of their meetings, and I have been impressed with their process. Dr. -- or Mr. Morton brought up about if he had stayed on, there Page 121 June 25, 2013 would have been a 7-7 vote. The process is not perfect, but I think you have a rounded group of individuals there that are interested, involved in EMS in Collier County and have a lot of expertise. I think there's several members of Collier EMS who work directly for Dr. Tober, and I guess if I was on that committee and worked for Dr. Tober, I would certainly know how I would express my views and vote in that open public meeting. However, I think you've got a good system. I think you have a good committee, and I think you ought to take the recommendation of the public safety committee, or either disband the committee, either one. CHAIRWOMAN HILLER: So you're recommending Dr. Augustine and Dr. Panozzo? MR. DANZ: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is Ron Myers. He'll be followed by Mike Murphy. MR. MYERS: Madam Commissioner and Commissioners, I'm a full-time resident, fairly new to the island. CHAIRWOMAN HILLER: Could you state your name for the record. MR. MYERS: Ron Myers. CHAIRWOMAN HILLER: Ron Myers. Thank you. MR. MYERS: I moved here a year and a half ago. And I spent most my life in the private ambulance sector. And I'm a former president of the Ohio Ambulance Association, the American Ambulance Association, and I've spent three years on the governor's EMS Advisory Board in Ohio with Dr. Augustine. I'm here to endorse him. I've worked with him. He is absolutely fantastic. And my observations about how this county system's going -- I've been in 25 systems, I sold our company -- my partner and I had two large companies, one in Houston, Texas, and Northeast Ohio -- to Page 122 June 25, 2013 a national consolidator, and I went into several other companies to look around, and this is really a franchise model here, exclusive, without a competitive bid. And part of the things that I hear are routing of patients and concerns over fairness of distribution of patients. Dr. Augustine, I endorse. He has no affiliation with either hospital. And one of the criticisms, I heard he's not available. He said he would give up some of his other responsibilities to stay here. I appreciate it. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is Mike Murphy. He'll be followed by Nancy Lascheid. MR. MURPHY: Good morning, Honorable Commissioners and general public. My name's Mike Murphy. I'm the fire rescue chief on Marco Island, and I'm also a member of the PSA for disclosure reasons. First off, I am very proud of the volunteer advisory boards that you've created in this county, and I've had the opportunity, and a number of citizens, to serve on those boards. And we take it very seriously. We dedicate a lot of time. It's a difficult process, and this question was very difficult in reference to, again, politics and everything else aside. I think the process that the board went through and vetted -- and we vetted the process, sent it back to you and brought it back to the board again. The process they went through was to be -- is and should be respected. That board did take the time, they answered the tough questions, the candidates took the time, they came before you, or it came before us. We went through that entire process, and it was difficult, it was informative, and a selection was made. This candidate is one of three candidates, I believe, that are direct reports to you. The office of the medical director answers directly to the County Commission. And as we went through that process, we, as Page 123 June 25, 2013 the receivers and the people out there, actually tried -- who use the services, tried to get all the questions that you might not have all the technical knowledge to ask and get it on the board and get it on record. The candidates that went through it, I think there was a -- that direct process -- we went through the interview. You need to find out how this person fits with your philosophy, each one of you individually, over the next five years; you need to give the process the respect that it has, and take the selection, interview the candidates, ask them what they want for the next five years. You're talking a potential five-year contract, and it shouldn't be based upon, oh, what have we done in the past or some negative comments somebody says, but it's how this person aligns with your goals and your objectives and what you think and expect that person to do over the next five years. I really believe -- I think it's disrespectful, number one, to the PSA, to not at least recognize the list that they came up with. It was vetted, it was argued, it was discussed, and the candidates were rated just in accordance to what you had asked, and we did that. And then I think you need to take the time to interview these individuals, and that selection, you need to choose the leader of who you want to take this system even further over the next five years. There's changes in Medicare, Medicaid, there's billing. And the last thing I'd like to say is, state law indicates that a medical director acts as a liaison to EMS, training agencies, and emergency rooms and emergency facilities. And who is that person that you would like to have sit in that position? CHAIRWOMAN HILLER: May I ask how you voted on the PSA? MR. MURPHY: I voted for Dr. Augustine and Dr. Panozzo. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Nancy Lascheid. She'll be followed by Erica Henson. MS. LASCHEID: Thank you. I'm Nancy Lascheid, and I am a Page 124 June 25, 2013 nurse. I am here representing myself and my husband to speak to the credibility and skill level of Dr. Tober. I've worked with him now for 15 years side by side, and I've been with him in emergency situations for our patients at the Neighborhood Health Clinic. I strongly endorse Dr. Tober to continue as your medical director. I understand you wanted to look to see what was out there. You looked. It doesn't get any better. I encourage you to select Dr. Tober and Dr. Lee. Thank you. MR. MILLER: Your final public speaker is Erica Henson. MS. HENSON: Good afternoon. My name is Erica Henson. I'm a lifelong Collier County resident, a lifelong Neapolitan, a nurse with 35 years of experience in critical care and emergency care, and I'm here to endorse Dr. Tober. As some of you know, I really dislike public speaking, so I'll make it brief. This is not a public decision that should be made lightly. It should not be made on politics. It should not be made on who's friends with somebody. It's not first grade. It's not dodge ball. We don't pick our friends; we pick the best candidate. Dr. Tober and I have not always agreed on everything, but I believe he is truly the best candidate for Collier County. He's brought lifesaving medicine to Collier County, which stressed me out as an ER nurse, so that we could go on the forefront of modern medicine with clot-busting medicines here in the middle of Naples, Florida. So my endorsement is for Dr. Tober, and I thank you for letting me have the opportunity to address you today. CHAIRWOMAN HILLER: Thank you. MR. MILLER: That was our final public speaker. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, I read something different in the Florida Statute than Chief Murphy does. The medical director Page 125 June 25, 2013 must supervise and assume direct responsibility for the performance of emergency medical technicians and paramedics operating for that emergency medical system, and this being EMS. So, you know, he's going to train, consult, write the protocol for our EMTs and paramedics. And I consider -- one of the things the Florida Statutes provides is, contrary to what has been publicized, the physician can be employed by a hospital that delivers medical hospital -- emergency medical services, okay. In this particular case, we're looking at somebody who is going to train our EMTs and paramedics to deliver to a facility that has emergency services there. So that's what we should be looking at is who has the interaction with the emergency rooms that our patients -- or our citizens are going to. And, quite frankly, I only see two in all the applicants that we received, both for medical director and assistant medical director. Dr. Lee is affiliated with the Trauma Center in Lee County. I'm sad to see that there's no -- there was no applicant from Physicians Regional that has affiliation with their emergency services. So I'm going to make a motion that we direct the chairman to negotiate a contract with Dr. Tober and Dr. Lee. Dr. Lee being our assistant medical director, and Dr. Tober being the medical director. CHAIRWOMAN HILLER: Is there a second? COMMISSIONER COYLE: I'll second the motion. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I wasn't next. Commissioner -- COMMISSIONER FIALA: I'll go next. That's okay. That's okay. One thing that I think we're forgetting to take a look at, that is right now we as County Commissioners, all of us, have been strongly encouraging the fire services to not only unite, but to consolidate with the hopes, with the anticipation that we will then gift them with the Page 126 June 25, 2013 EMS services so that that can be all one emergency service operation working together hand in hand, always working together hand in hand. And what we forget, and what has not been mentioned yet, is all of these years Dr. Tober has worked against any type of consolidation between fire. In fact, he's -- he's been actually -- let me say he's been -- how do I want to say it nicely -- derogatory toward any fire service and -- all through the years. And I don't know what -- how we expect a different outcome now than has been going on for 30 years. I mean, if he's not wanted to work with the fire service before and yet we're encouraging that to take place, how is he going to change now? And so I cannot vote for him, I'm sorry. I have many other things to say, but I'll let Commissioner Coyle -- by the way, they're both outstanding candidates. Don't get me wrong. They're great outstanding candidates. It's just that I think we need a new face on this system, because we're designing a new entire department. Thank you. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we should be focused on finding the best qualified person we can find for our medical director in Collier County. And, in my opinion, there are certain fundamental requirements. Number one, I believe that our medical director should be a practicing physician in our community. I think he should be a full-time resident of our community. I think that he should be uncompromising in establishing standards of treatment and training for the medical personnel under his supervision. If that means conflict with fire districts, then that's what it means. Every day of the week I will listen to a physician about medical standards and practices rather than a fireman, and every day of the week I will listen to a fireman when it comes to issues related to fighting fires. Page 127 - June 25, 2013 And I have seen enough of the conflict here to know that subordinating Emergency Medical Services to a fire district is the worst thing that can ever be done. The fire districts are moving toward consolidation now, but it is they who have refused it in the past and were pushed into it only because of financial pressures. They refused to participate with Dr. Tober in the ride-along program to make sure that the fire districts' personnel were current in the medical procedures. Commissioner -- or Dr. Tober has been under constant criticism by fire districts because they wanted to undermine his authority. And, in fact, the North Naples Fire District has hired their own multiple medical directors so they can get what they want without having to go through the county's medical director. That is not the kind of emergency medical system that we want or need in Collier County. So if there has been friction, there is enough blame on both sides. And I, for one, would rather have a medical director who is uncompromising in medical standards rather than one that is seeking to smooth over the political divisions by compromising on those medical standards. I think it is unfortunate that there has been so much emphasis on market share between the two hospital systems here in Collier County. We, as the Board of County Commissioners, have the authority and responsibility to assure that that process is done fairly. And I, quite frankly, don't care whether our medical director is employed by either hospital. I would hope he would be employed by one of them and -- because I think that validates credentials, and I just cannot imagine a medical director who has to spend time in Atlanta, Georgia, and in Ohio, and still provide medical direction for our people here in Collier County. So I believe that the medical director should be a servant of the people of Collier County. He should not be subordinate in any way to a fire organization. He should be a servant of the people of Collier Page 128 . June 25, 2013 County, and I believe that we have a winning team in Dr. Tober and Dr. Lee. We know what we've got. We know that Dr. Tober has received national, state, and local awards for excellence in emergency medical services. So I don't know why we would like to change horses in order to get an unknown team, a team that is not proven, a team that, in fact, seems to have some difficulties in other places; but that can be argued, I'm sure, from both sides. And the issue of market share between the two hospitals, I have -- I have gone through the process of establishing these protocols for stroke alert patients in great detail, and the information that I have been given clearly demonstrates that Physicians Regional has been involved in every step of the way in developing those protocols and training the people. And the evidence indicates to me that our medical staff has been diligent in assuring that those medical protocols are followed. And with the exception of a couple of administrative problems, the division has favored Physicians Regional. Now, I've talked with Dr. Campbell or Mr. Campbell, and I know there's a difference of opinion on that. And I would be happy to sit down with representatives and try to work that out because, quite frankly, our record looks as if Physicians Regional has had adequate and timely input into this entire process, and there's even a meeting scheduled, I believe, in July to review the most recent data. So there appears to be an attempt to be fair in that process, but we have the responsibility and authority to make sure it is fair. So whoever we select, we will be able to do that. So my recommendation is, we've got an award-winning team. We've got a lot of bickering between EMS and fire districts but, my personal opinion, it's because the fire districts do not want their people to be subordinate to anybody else, and that is an understandable Page 129 June 25, 2013 feeling. When you've got people who have to respond to emergencies, you need to consolidate responsibility and authority, and it is difficult for them to deal with a situation where their people are being certified by someone else not under their control, and that is understandable, but it is one that cannot stand in the way of us maintaining the high standards of medical treatment that we have established here in Collier County. It is solvable, but we've got to get over it. And that concludes my remarks. I support Dr. Tober and Dr. Lee as a team that has very well served the people of Collier County as exemplified by their many awards. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I -- you know, at the last meeting I brought to the board being a partnership or talk to East Naples and Golden Gate about consolidation and bring recognition to it. And prior to doing that, I sat down with the East Naples fire commissioner, the chair, and Dr. Tober, and I said, this is what I want to bring forward, and I want your input. CHAIRWOMAN HILLER: And may I ask, just for the record, that you clarify who the East Naples fire commissioner was that you met with. COMMISSIONER HENNING: The chairman. CHAIRWOMAN HILLER: Jeff Page? COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: Okay. Just so -- because other people out there don't know. COMMISSIONER HENNING: There was no objection from either gentleman of, you know, the county participating in that, in fact, encouraged. In the past remarks that I saw from Dr. Tober, he was not objecting to any consolidation of the fire departments in Collier County. So that's my understanding of Dr. Tober's position on fire Page 130 June 25, 2013 consolidation is not trying to prevent them, but he has absolutely no objection to it. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I will say I've watched this situation as a citizen and during my short period of time in service as a commissioner, and I will tell you that, from my perspective, I think this is -- this has been the -- one of the most difficult situations that I've had to consider, and I think it's also one of the most disappointing for me. And the reason why I believe that the situation is in -- that we find ourselves in this position, because of a great deal of self-interest that's crept into this process. I have met with absolutely dozens of people in this community in all lines of work as professionals, seasoned professionals, first responders, physicians, and all sorts of healthcare-related people that have, of course, wanted to talk to me about resolving this issue, and I will tell you that I have a uniform respect for all of them and what they do individually. But I find a stunning leadership vacuum among the administrators of every entity in this discussion as far as moving to make our operational situation better, and I can find fault with absolutely everyone. I think -- I think the intent has been to push issues in a direction of self-interest, and I think that's a very, very sad situation. I find everybody's positions unyielding, divisive. It's an extremely rancorous situation. It's just not a very happy circumstance that I find myself in or that this board finds itself in. And the failure, in fact, is with the administration of all the entities, including the medical director, that are supposed to find a methodology to move forward towards greater performance to safeguard public health and safety. The fact that we have a premiere protocol clearly does not Page 131 June 25, 2013 guarantee operational success. I think the fact that we're getting the great results that we are in Collier County is on the backs of the EMS staff and the fire staff in the field that are doing everything that they can do to provide service in spite of the direction and lack of leadership that they're getting from the administration of every entity under concern. And Dr. Tober does not -- is not lacking in that way. In my personal discussions with him, I asked him if he was certain that he could function in a manner that was going to lead us to be able to get together in providing these services in a better manner and that my hopes and expectations were in that direction. So what the failure of the administration of all these entities has done is come to this board and place the responsibility on these five people who have no direct skills or knowledge on this subject seeking a political solution to a management problem. I think that's absolutely awful. Because my fear is that if we -- if we take that route, and we take a political solution to a management problem, that we will never ever be able to go back again and make the proper decisions, and that is to get together as professionals and figure out how to make this work. That's all I have to say. CHAIRWOMAN HILLER: Any other comments? COMMISSIONER FIALA: Yeah. CHAIRWOMAN HILLER: Go ahead, Commissioner Fiala. COMMISSIONER FIALA: If I may. CHAIRWOMAN HILLER: Yeah, absolutely. COMMISSIONER FIALA: I've heard a number of the comments, obviously, and I don't think anybody -- everybody has mentioned how outstanding Dr. Tober is, but I don't think anybody's really talked very much about Dr. Augustine. And I didn't know much about him myself, to be honest with you, so I made it my business to start looking in a little bit as to what he's done. Page 132 June 25, 2013 And I know that he is a member of the medical directors nationwide, worldwide association. I thought that was interesting. I also know that he teaches once a year at Harvard regarding emergency medicine. I know that he writes columns every month for Emergency Medical Service World, which is a magazine that goes worldwide. He's studying and working very diligently to build collaboration between all medical services. And, you know, that's something we really need right now, collaboration, working together, working as a team, and I don't think we've seen that happen. And it's always one side pitting against the other, and you're never productive if you're always squabbling with one other. Look at how hard our fire departments have wanted to keep the advanced life services; it's taken away from them, of course, and that's why North Naples went out and started their own because they were reduced to basic life service instead of advanced life service. And they felt that the residents, our people, needed to have advanced life service. When they're on the spot, they need to be there right away with all of the equipment needed, and they weren't allowed to do that. So I feel that I stand solidly behind a change; that change is Dr. Augustine. CHAIRWOMAN HILLER: Thank you. I'd like to say a few words, and the first thing is I'd like to address what the Naples Daily News said in their editorial. They incorrectly stated that the reason I had brought this forward was for political reasons, and it isn't. It has nothing to do with North Naples Fire. I did receive a donation from that union, but I also received a donation from EMS's union. In fact, as I've said before, I was very honored to be endorsed by public safety across the board. I was supported by fire, by EMS, and by the police, and there's a reason. It's because I support all of them, and I support them all equally. They're tremendous individuals in every way. Page 133 .. . June 25, 2013 And, in my opinion, the number one obligation of the Board of County Commissioners is public safety. That is our duty. We are here to make sure the public is safe above and beyond everything else. And so that is why, through the course of my tenure on this board, I have constantly advocated policies that promote the public safety. And we, for example, through Mr. Casalanguida, installed a different lighting system so we could be assured that our emergency service vehicles can get through traffic and get a patient to care as quickly as possible. Our AUIR, which is our -- basically our level-of-service standard, suggested that our EMS staffing was not adequate to allow for our providers to get to a scene quickly enough. So we began to approve ALS service through fire. Commissioner Coyle made a comment that North Naples had their own medical director. Well, they're required to by law. Any -- the statute is very clear. The statute requires that any organization, be it public or private, that provides BLS transport or ALS services must have their own medical director. And the medical director of these institutions, again, be they public or private, work to the statute and work to the standard that we have set in Collier County. There is no medical director in Collier County that works to a different standard other than the uniform standard that we have established. And they have worked hard to achieve that uniformity so that all the citizens in the community have the same level of care when faced with an emergency situation. So, again, going to what the paper said, completely false and, quite frankly, they need to retract. But what the paper does is they veil everything in opinion and, because it's opinion, it doesn't have to be fact. The reason I brought this forward was the exact opposite of politics. We have a process in Collier County where we require all of Page 134 June 25, 2013 our contracts to go out to bid, and there's a reason for that. I mean, could you imagine if we hired a road contractor and just gave him every single contract to build every road in Collier County without ever exploring if there was a better contractor out there or, in the case of that kind of service, you know, the same level of service at a better price? It's our obligation as members of the board to ensure that when we make a decision that we do look at what is out there in the community, and what is out there in the community may prove to tell us that who we have is, in fact, the best or -- for the benefit of the public or, to the contrary, it might prove that there is someone out there who is better. Everything we do is in the public's interest. Dr. Tober's contract was an evergreen contract. And my request to bring this forward to consider that it be competitively let and allow for the community to know that we do or don't have the best medical director was done through the process that was approved by this board. So there's nothing political. It is 100 percent intended to allow the process to work for the benefit of the public to ensure that we are making the best selection for the benefit of the public as it relates to the role of the medical director and what the medical director does. There were several other issues that were brought up, but I don't think we really need to get into that. There was a letter received, again, from two other doctors that indicated they couldn't be here. So the board has received a copy of it when I received it, and it will be entered into the record. It's from Dr. Zeitler, M.D., and Dr. Diorio, M.D., and I'll just summarize, and it will be a matter of public record so you can, you know, pull it and read it at your leisure. But, in essence, it basically says that the -- well, should I read it? COMMISSIONER COYLE: No. CHAIRWOMAN HILLER: No. I won't read it. But anyway -- basically that the -- that they're responding to the letter sent on behalf Page 135 June 25, 2013 of the members of the medical society, the Collier County medical board, that they're actually board members themselves. And they did not discuss -- they said that the qualifications of the candidates were not discussed, et cetera, et cetera. But, essentially, that, you know, the letter, as presented, doesn't represent the views of them or the society. Then they also talked about Dr. Tober's qualifications, recognizing his -- that he's qualified as a doctor, however, that they had a concern because Dr. Tober is employed by NCH Healthcare and that that is -- that can be construed as a conflict of interest, as there is more than one hospital in the system. And so they asked that -- to discourage any semblance of bias or favoritism of one hospital system over the other, they feel that, you know, there should be independence and that Dr. Tober would need to separate himself, or said another way -- and I'm paraphrasing this -- that the medical director should not be allied with one hospital over -- to the exclusion of the other. And so they say that they could only endorse Tober if he relinquished contractual and financial obligations with NCH. So that's, in essence, what that letter says. So I'll just introduce it in the record since they couldn't be here. So in short, you know, from my standpoint, I don't agree with evergreen contracts, and I would hope that when our purchasing ordinance comes back to the board for approval that one of the conditions in there makes it clear that, as a matter of public policy, we will not support evergreen contracts because it is against the public's interest not to go through the bidding process and, in this case, the interview process. This is a very difficult decision because, in my opinion, I think every single physician that was interviewed is outstanding, they're outstanding medical professionals, and they each bring tremendous experience to the table. Page 136 June 25, 2013 The point you make, Commissioner Fiala, is a very important one, and that is that having someone who can unify and not divide with respect to the issues in this county is very important. And Dr. Tober has had, I would say, a very difficult relationship, not just with fire but also with the other major hospital in the county, which is Physicians Regional. And so it's extremely important that whoever we recommend as medical director gets along with everybody who services the EMS system, you know, not only the multiple fire districts. You know, it seems that -- it looks like he's developing a positive relationship with East Naples, and that's nice to hear but, you know, it's been negative with other districts, and we've got, you know, a positive relationship with one hospital but it appears what looks like a negative relationship with the other hospital. And we need someone who can really work with everybody in a positive way for the benefit of the public. So like I said, I think very highly of Dr. Tober. I think he's done some marvelous things, and I think very highly of the other candidates as well, and I'm thinking very seriously about this decision. So -- yeah, go ahead. Commissioner Nance. COMMISSIONER NANCE: I think that applying -- I do believe that this, indeed, since it's landed on the desk of the Board of County Commissioners has become political beyond what's healthy for our community. And I believe that the relationship that Dr. Tober currently enjoys with Naples Community Hospital to the exclusion of others is problematic. I believe the leadership vacuum from the hospitals as well as the fire districts is no less problematic than Dr. Tober's weaknesses. At this point, I am going to support the motion with very, very severe reservations for the simple reason that I do not believe there's an alternate that is any better. I believe an alternative solution will strictly be political, and it will gloss over and let the wounds that we Page 137 June 25, 2013 currently have lie underneath the scab that will never heal. That having been said, I can also not support a long-term contract under an arrangement that is dysfunctional. So I will simply not support a long-term contract if I'm forced to make that decision. I think the contract should be very limited and give everybody a chance to take a deep breath and do what they're supposed to be doing to begin with, and that is getting together and working out this problem. This problem cannot be worked out by this board. This is a ridiculous -- absolutely ridiculous situation to put any one of these people in. CHAIRWOMAN HILLER: If I may comment. COMMISSIONER NANCE: I will -- I will be looking forward to discussions on it, but I don't think that making a change that let's everybody off the hook is the way to go. And I've thought about it. I've taken it under very, very serious advisement. And what I'm telling you is, I don't see -- I don't see honor anywhere -- and I'm most upset with everyone. So I don't know if that helps anybody out, but I'm going to support the motion with very, very serious reservations. CHAIRWOMAN HILLER: If I may say one thing, Commissioner Nance. Commissioner Coyle would like to speak. But I do want you to understand that we are obligated with making the decision. You do understand that? COMMISSIONER NANCE: Oh, I understand that. CHAIRWOMAN HILLER: Okay. Because you keep saying, like, they're putting us in a -- COMMISSIONER NANCE: Oh, I just think it's a ridiculous situation. I understand. I just told you what my decision was. I will support the motion, but I find it very, very poor form on the administrative leadership of everybody concerned. I think it's ridiculous, and I think it's shameful. CHAIRWOMAN HILLER: Commissioner Coyle, and then Commissioner Fiala. Page 138 June 25, 2013 COMMISSIONER COYLE: Yeah. I have to share some of those sentiments, but I would like to add something for your consideration. Some of these issues probably cannot be worked out without the board's involvement. A competition between hospital systems here is way beyond the capability of a medical director or EMS department. I think the board needs to continue to work with the staffs of both hospitals to sort out this differing, vastly differing interpretation of facts, of data, I should say, because, depending upon what subset of the data one presents, you can draw different conclusions, and we need to clarify that, and we need to reach agreement between the two hospital systems about how we should report these various classifications and the reasons why we direct people to certain of the hospitals for treatment, because that will help us refine our assessment effectiveness. And so I think that will also resolve this particular issue and give Physicians Regional some comfort that there is no one who is trying to assure that one hospital system benefits over another. And I think we have that power and responsibility. So with that, I would be happy to see the motion called. CHAIRWOMAN HILLER: Commissioner Fiala would like to speak, but before -- COMMISSIONER FIALA: Just a fast one. CHAIRWOMAN HILLER: Yeah, but I would like to just say one thing. We have an ongoing investigation into the issue of the shift of -- or the statement made about market share, and you had indicated, Commissioner Coyle, that you have information on that. Leo, when are you going to bring that forward? We've got the -- you know, you've given us the investigation on the Minnard case, which the board still has to address. I mean, we've received it, but it needs to be put back on the agenda and probably should be put back on the July agenda, but that's more of an operations issue. Page 139 June 25, 2013 And just one clarification, Commissioner Nance, the medical director is not responsible for operations. The medical director is responsible just for protocol and training and should not be involved in operations. But, Leo, when are you going to bring that investigation back, since Commissioner Nance had -- and the board supported you doing that internal investigation on that -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- market-share issue? MR. OCHS: I was planning to bring that back in September. You had asked me to not only touch base with the PSA and the hospitals, but, you know, do my own review, and I want to make sure that I cover all of those bases thoroughly for the board. CHAIRWOMAN HILLER: The second meeting or first meeting? MR. OCHS: I don't know, ma'am. Whenever it's ready. It will be no later than the second meeting. CHAIRWOMAN HILLER: Okay. That's fine then. I just wanted to -- COMMISSIONER HENNING: You're not planning on taking a vacation or anything, are you? MR. OCHS: No. It will be a working vacation, yes, ma'am. CHAIRWOMAN HILLER: Cancel that trip to Vegas. Okay. I just -- and maybe, if we could all have whatever you've got on that investigation, Commissioner Coyle. You said you had studied it yourself and you had information that showed there were no issues, if you could provide that to the board. COMMISSIONER COYLE: I didn't say it showed there were no issues. The information tends to show that the information presented by Physicians Regional at this board meeting last time was incorrect and also outlines the number of meetings by date and the people attending those meetings representing both Physicians Regional and Page 140 June 25, 2013 NCH and our EMS personnel and what they did or accomplished or agreed to. So I'll be happy to provide that information to you. CHAIRWOMAN HILLER: That's great. Provide it to all the board and to Leo, and that would be the best. COMMISSIONER COYLE: Yes, okay. CHAIRWOMAN HILLER: Commissioner Fiala, and then Commissioner Nance. COMMISSIONER FIALA: Yes. You know, I used to work for NCH, right? I still have some great friends that work there or that are involved there. So to me it's just about seeing these departments that are in emergency medical services handling the job that our people expect them. It doesn't make any difference to me, one hospital or another. I'm just mainly concerned that our residents get the service that they not only desire, but that they should demand for their own health. And Commissioner Nance said he feels this whole thing, the way it's run right now is distasteful, ridiculous, and disgraceful. Then why would you vote that way? Do you expect a different outcome if you've got the same people running it and felt it was not right before? That doesn't make any sense to me. But that's just a rhetorical thing to say, I guess. CHAIRWOMAN HILLER: And I just want to ask one question. Commissioner Nance, what is your opinion of the vote of the PSA? I mean, the PSA is supposed to represent the community. And, you know, I personally had said it should not go to the PSA, but you and the other members of the board said it should go to the PSA, and I was concerned about, you know, conflicts in the process, and you-all said it was good. And now the PSA comes back, and the PSA's recommendation is for Augustine and Panozzo, but you're sitting here now -- after having said that the process properly should be that it goes to the PSA, now you're saying the PSA should be ignored and Page 141 June 25, 2013 that that process is no good and that we should disregard what the PSA says. COMMISSIONER NANCE: No. I'm not saying we should disregard what the PSA says. The PSA was a 17-member board, 13 of which voted. One of the people that voted was one of the candidates for the deputy medical director. So the PSA -- CHAIRWOMAN HILLER: He didn't vote for himself, though. COMMISSIONER NANCE: No, he voted for Mr. Augustine, okay. CHAIRWOMAN HILLER: Is there a problem with that? COMMISSIONER NANCE: Well, I think there is a relationship between those two individuals. And what I'm saying is, to me, that's a no decision. That's a tie vote or less than a tie vote. So I don't think it was anything indicative that the PSA had any real strong feeling. CHAIRWOMAN HILLER: How is it a tie vote? COMMISSIONER NANCE: Had Mr. Panozzo, who is a candidate, abstained, it would have been tied at six apiece. CHAIRWOMAN HILLER: Let me ask you this question. COMMISSIONER NANCE: No, I really don't want to engage in that conversation. What I am doing here is trying to say that I don't believe that this board making a political decision is going to change the workings of the ladies and gentlemen out here that are going to have to make this thing work. If they do not change their management style and learn to work together, it's not going to get any better. We can have any medical director we assign that will give one political advantage to one or the other or a different. And it's not going to -- it's not going to result in any better service to my district, I can tell you that. My district is the most remote one, the ones where the service times are the longest and the facilities are the scantest. So I'm imploring the ladies and gentlemen and professionals, each of which I respect -- and I don't mean to go on a rant here and Page 142 June 25, 2013 imply to you that I do not respect you, because I respect each of you. I am imploring you that you have to step up and you have to craft a way to make this work. This board cannot make you function together. And until you function together, it's not going to get any better despite our best wishes. We can select a new medical director every year; we're going to find ourselves in the same situation. So I'm sorry that Commissioner Fiala thinks that one little change of one person is going to make a big difference, but I'm here to tell you, look at all of you that are involved and tell me that any one individual is going to make that change. It's not going to happen. It's like Solomon trying to split the child in half. It will not. So I am throwing the ball back in your court, ladies and gentlemen. The citizens of Collier County are looking forward to a referendum in the year 2014 to talk about working towards a more cohesive, managed first responder system as a whole, and that's what I'm expecting that they're going to continue to demand. So you guys are going to have to step up. The decision is not going to be made by this board. The decision is going to be made by you. You can blame it on this board if you'd like, but seek your hearts, and you know you're going to have to step up and get it done, and that includes Dr. Tober. Dr. Tober writes the protocols. We could have the best protocols in the world, but if they can't be delivered at the date and time of the emergency, they're not effective. So he has got to craft, together with you -- I'm chastising all of you together. I call the question. COMMISSIONER HENNING: Yeah, it's my motion. I think I can call the question, right? COMMISSIONER COYLE: Yeah. You can't, but the chair can. But I would like to make a response to a comment that was made Page 143 June 25, 2013 that I think really needs -- is important. It won't take long. Why do we make the same decision and select the same people that have been responsible for the system not being functional and expect a different result, okay. It's real simple. We're keeping that portion of the system that is the only thing that has been functional. The people who are responsible for us having one of the best emergency medical systems in the nation and the State of Florida are the medical director and all of those people that the fire district and in our EMS departments who are out there on the ground treating people in emergencies. Those have been the only people that have really been making this system work. As Commissioner Nance has pointed out, there are a lot of people at higher levels who want to build empires and want to manage things in a different way and want to consolidate their control over things that are causing the problem. And as long as we yield to those people in creating our emergency medical system, we will fail, and we'll continue to have this kind of disorder. It's amazing to me that our EMS people on the ground have been able to do such a wonderful job in view of all of this bickering. So you're absolutely right, Commissioner Nance. What we're doing is keeping the best part of what we have, I hope, and we're challenging the rest of you to get on board, and that includes the PSA. And I share Ed Morton's assessment of that. It is a failed organization. Why is it a failed organization? Because we apparently picked a group of people among whom were some that don't have the backbone to stand up for principle. They want to avoid confrontation. They want to avoid argument. They want to be nice to each other all the time. And that's not how you get a good system. You know, the old story about an elephant is a horse designed by a committee -- CHAIRWOMAN HILLER: So I understand now why Coyle Page 144 June 25, 2013 fights with me all the time. I didn't realize. I get it. That's how -- his justification, it's for the good of the system. COMMISSIONER COYLE: So the more we compromise with things in committee-type work, the more distorted the process becomes. So what we're really doing is keeping what's good and challenging the rest of you to get on board and let's start working together and get the job done. CHAIRWOMAN HILLER: All right. We are going to call the question. I just want to make one last statement just to your point, Commissioner Nance. I was the one who said the PSA had conflicts, just to make a point. Mr. Dutcher is the chief operating officer for NCH. Mr. Tober -- or Dr. Tober works for him. So, I mean, now we're back to 7-6. So the point being is everybody disagreed with me, and I guess now everybody agrees with me. I think it's kind of funny. Okay. I'm going to go ahead and call the question, but I'd like to suggest that we truncate the question because there are two separate positions that are being considered here. The first position is that of medical director. The second position is that of deputy medical director. So I think we need to have two separate votes. There are going to be two separate contracts. We have a different structure now because we have bifurcated the positions and, as I said, two separate positions. So, Commissioner Henning, would you kindly amend your motion so we have first a vote on the position of the medical director and then we have a second vote on the position of deputy medical director? And keep your motions the same but just do first -- you know, your first motion is medical director. COMMISSIONER HENNING: Is there any debating this motion? CHAIRWOMAN HILLER: No. I mean, do you want to debate it? Page 145 June 25, 2013 COMMISSIONER HENNING: No new debate? CHAIRWOMAN HILLER: No, I don't think -- I mean, we don't have to. COMMISSIONER HENNING: You know, I think we abused this topic so much we better call the sheriff over here to do something about it, but -- CHAIRWOMAN HILLER: Commissioner Henning, I have the -- we have not had any discussion -- COMMISSIONER HENNING: If we're not having any debate, I'll go ahead and do that, make a motion -- CHAIRWOMAN HILLER: And let me just confirm that nobody wants -- because we haven't had any discussion about deputy. Everybody just focused on the medical -- COMMISSIONER NANCE: I would support bifurcating it. CHAIRWOMAN HILLER: Okay. But let me ask this. Is there any desire to have discussion on the second question, which is the position of deputy medical director? Because we've only talked about the medical director, even though the motion, originally as presented, considered both. Commissioner Coyle? COMMISSIONER COYLE: Well, there are some unanswered questions in that respect, but I understood Commissioner Henning's motion to be to support the existing team that we have, Dr. Lee and Dr. Tober, and there's a good reason for retaining the team. They work well together. They are both eminently qualified for the position. And if we are going to bifurcate them and bifurcate their contracts as an administrative procedure, I see nothing wrong with that. But if we're going to start thinking about having someone else be the assistant medical director, one has to give consideration to the authority of the medical director to direct his assistant, and that would include, I presume, either dismissing him and asking for a replacement Page 146 June 25, 2013 and/or recommending that person for retention in the future even with a salary increase. So those are things that we haven't really worked out, but I would hope that we wouldn't have two medical directors, one a primary and one an assistant, who both report to the Board of County Commissioners, and then we would have to evaluate them both even though they're working as a team. So I don't think the board has considered that sort of thing. But if the objective is to nominate both men, one as medical director and one as assistant, I am certainly amenable to proceeding in that direction. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: No comment. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: It's fine with me to bifurcate it. CHAIRWOMAN HILLER: You want to bifurcate, but do you want to have discussion on the deputy, or do you just want to -- COMMISSIONER FIALA: Well, yeah, because we haven't really discussed who we want, I mean, actually, by name. Commissioner Coyle said keep them together, but we haven't even discussed anybody's qualifications. CHAIRWOMAN HILLER: What's your position, Commissioner Nance? COMMISSIONER NANCE: I'm ready to vote on it. CHAIRWOMAN HILLER: On -- COMMISSIONER NANCE: Both of them. CHAIRWOMAN HILLER: On both of them as one? COMMISSIONER NANCE: Yes, ma'am. If you want to discuss it, I'll proceed -- I'll support the discussion if somebody would like to talk about it. COMMISSIONER HENNING: My motion stands as stated. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: Yeah. Page 147 June 25, 2013 CHAIRWOMAN HILLER: In that case, 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 Dr. Tober and Dr. Lee being selected. COMMISSIONER COYLE: Can I go home now? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: We want to communicate with you first. MR. OCHS: Madam Chair, the next step, then, would be for county attorney to present contracts and bring them back to the board or -- CHAIRWOMAN HILLER: The next step would be to designate the chair to negotiate the contract terms and bring those negotiated terms back to the board for approval. COMMISSIONER HENNING: You're going to work with the County Attorney's Office, correct? CHAIRWOMAN HILLER: Always. COMMISSIONER HENNING: Always. CHAIRWOMAN HILLER: Always. COMMISSIONER HENNING: It's just an assumption. MR. KLATZKOW: May I just get -- may I just get a little clarity, because Commissioner Coyle raised a very viable point here. CHAIRWOMAN HILLER: Yes. MR. KLATZKOW: Is your deputy going to be separate? CHAIRWOMAN HILLER: Yes. We made that clear, and the board approved that as part of their motion. MR. KLATZKOW: So your deputy's not going to report to -- Page 148 June 25, 2013 CHAIRWOMAN HILLER: We can structure it that the deputy reports to the medical director, but we have to have two separate positions, because we can't have the situation we have -- we have currently, which is one entity that basically hires both, and then something happens to that entity, and we're with nobody. So we have to have two individual contracts. We can, organizationally, structure it that the deputy answers to the medical director, and the medical director answers to the board, but we have to have two separate contracts. MR. KLATZKOW: At the end of the day, can the medical director fire the assistant without your permission? CHAIRWOMAN HILLER: No, no, absolutely not, and nor can the medical director hire without the commission. The commission both has the ability to hire and terminate, but in terms of answering within the hierarchy, it's to the medical director. MR. KLATZKOW: Okay. Thank you. COMMISSIONER COYLE: The medical director could make a recommendation to the board -- CHAIRWOMAN HILLER: The medical director can say whatever they like to the board. I mean, that's their right. But at the end of the day, we have to retain the ability to hire and fire the deputy. COMMISSIONER COYLE: I'll support that. Item #10J — Continued from earlier in the meeting BOARD OF COUNTY COMMISSIONERS TO CONSIDER AUTHORIZING THE CHAIRWOMAN TO SEND A LETTER TO REGULATORY AGENCIES RESPONSIBLE FOR PERMITTING AND REGULATION OF OIL EXPLORATION AND OIL WELL EXTRACTION OPERATIONS IN COLLIER COUNTY TO INSURE THAT COLLIER COUNTY CITIZENS; COMMENTS AND CONCERNS ARE GIVEN CAREFUL REVIEW AND Page 149 June 25, 2013 CONSIDERATION, AND THAT COLLIER COUNTY IS FULLY INFORMED AND INTEGRATED INTO PERMITTING AND MANAGEMENT REQUIREMENTS TO SAFEGUARD THE LOCAL HEALTH, SAFETY, AND WELFARE, OF ALL COLLIER CITIZENS — DISCUSSED; CONTINUED TO LATER IN THE MEETING UNDER ITEM #15; MOTION TO APPROVE THE PROPOSED LETTER AS AMENDED BY THE BOARD — APPROVED MR. OCHS: Madam Chair, if that concludes the discussion on that item, we can move back to Item 10J, which was tabled until the board had a chance to review the draft letter that Mr. Sheffield is passing out and I will put on the visualizer. COMMISSIONER HENNING: Where does it say about receiving public input? I thought that was the purpose. I mean, I think -- COMMISSIONER NANCE: The third paragraph, sir. It's, Collier County requests your agencies carefully and judiciously review the comments and concerns of Collier County property owners and affected citizen regarding the permitting in the vicinity of residential properties. COMMISSIONER HENNING: That's great. CHAIRWOMAN HILLER: Except that, you know, I think -- I don't think we should be going into the specifics, you know, to -- you know, they're required to ensure whatever they're required to ensure as a matter of law. So for us to tell them what they should or shouldn't do, I mean, we haven't studied the law to know, and, you know, you may be excluding some things, you may be excluding some things that's in someone else's jurisdiction. I think you -- what we discussed and agreed to this morning was that those agencies -- and this is per your executive summary, Page 150 June 25, 2013 Commissioner Nance, was that those executive agencies should -- were to be told via this letter that they should consider input from the community, and should seriously consider it for obvious reasons. COMMISSIONER NANCE: I would recommend that we strike the second paragraph and leave it with the first and the third paragraphs, if it's acceptable to the board. I don't think that that's necessary or even productive. COMMISSIONER COYLE: Well, I think the proximity to the Golden Gate Estates subdivision is an important statement. COMMISSIONER NANCE: The first sentence, sir? COMMISSIONER COYLE: Yeah, and the second sentence, that they receive their water from on-site wells. CHAIRWOMAN HILLER: Yeah, I think that, but I think we expect your agency will ensure that -- I agree, I don't have a problem with that. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: But I don't agree with the telling -- COMMISSIONER NANCE: The other sentences? CHAIRWOMAN HILLER: Yeah, I mean, what they're -- COMMISSIONER NANCE: So keep sentences one and two, Commissioner Coyle, of the second paragraph? CHAIRWOMAN HILLER: Yes. COMMISSIONER COYLE: Yeah. CHAIRWOMAN HILLER: So, no. Keep one, then say, please recognize that the location of the proposed -- da, da, da. Residents receive their water from on-site wells, period. And then say -- don't say Collier County also requests. Just say Collier County requests that your agencies carefully and judicially review the comments and concerns of property owners and affected citizens regarding permitting and operation. COMMISSIONER NANCE: Okay. So you're recommending that we include the first two sentence -- the first two sentences of Page 151 June 25, 2013 Paragraph 2 only and strike the word "also" from the third word of Paragraph 3 and send that as -- CHAIRWOMAN HILLER: Yeah. And then the -- and then there should be another paragraph where it starts, Collier County further requests that your agency has established; that should be a separate paragraph. COMMISSIONER NANCE: Separated. Okay. Well, we can make the first two sentences of Paragraph 2 and the first paragraph (sic) of Paragraph 3 the second paragraph, and then start the third paragraph with "Collier County further requests." CHAIRWOMAN HILLER: Yep. Is that acceptable to everyone? COMMISSIONER COYLE: That's okay with me, but I don't have a problem with it the way it is now, quite frankly. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: It's just clearer. It's better articulated so you can see what issue ties with, you know, which facts. COMMISSIONER HENNING: So we go back to the motion, which is Commissioner Nance's motion, second by Commissioner Coyle -- COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: -- to send the letter. COMMISSIONER NANCE: I would like to thank the board members for their support. CHAIRWOMAN HILLER: And once you've made those edits, you'll circulate it so each member of the board can sign, and then you'll send it off. Right, Leo? MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. And just, in each case where you put each district commissioner, state the district, so that the agencies know who represents which area. MR. OCHS: Will do. So, again, just to clarify, the first Page 152 June 25, 2013 paragraph stands as drafted, the second one strikes through the areas that are struck through in Paragraph No. 2 and adds the first sentence of paragraph -- current Paragraph 3 to become part of Paragraph 2, then the balance of Paragraph 3 will begin right here and stand alone. CHAIRWOMAN HILLER: Exactly, exactly. COMMISSIONER NANCE: And we'll send one of these letters addressed to South Florida Water Management District to the appropriate contact person and also the State of Florida DEP. MR. OCHS: Yes, sir. COMMISSIONER NANCE: Thank you. I will make a motion that we authorize the chairwoman and everyone to sign this document as amended by the board. CHAIRWOMAN HILLER: That's fine. Do I have a second? COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: Second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Just let me ask -- okay. Leo, do you think this might be ready for me to sign before I leave? I hate to do that to you, but I could come back. I have to run home, get my suitcase anyway. Could I come back and sign it? MR. OCHS: Yes, ma'am. We'll work on it right now. COMMISSIONER FIALA: Thank you. MR. OCHS: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 153 June 25, 2013 MR. OCHS: Madam Chair, that takes us to Item 15 on your agenda, I believe, staff and commission general communications. CHAIRWOMAN HILLER: Leo, your comments? MR. OCHS: Just a couple. CHAIRWOMAN HILLER: Are you waiting for next year's Stanley Cup? MR. OCHS: No, ma'am. It's too early. I'm going to celebrate this one for a while. Just a couple quick comments. This is a follow-up piece of information that the clerk asked me to pass along. We did reach out, both the Clerk's Office and Mr. Isaacson from my office, to the Ernst & Young external auditors to see if they were willing to renegotiate the price increase that they quoted us for the next external audit. We were not able to negotiate down to a price that the clerk nor I believed is fair and reasonable. So I directed our purchasing staff to -- CHAIRWOMAN HILLER: Put it out to bid. MR. OCHS: -- reissue an RFP for those audit services. CHAIRWOMAN HILLER: Absolutely. MR. OCHS: And that is going back out on the street. So I just wanted to -- and that's with the concurrence of Mr. Brock and his staff, so -- CHAIRWOMAN HILLER: And don't forget to rebid the assistance that we need with the grant restructuring. MR. OCHS: Yes, the assessment of our grant program. CHAIRWOMAN HILLER: And it's absolutely essential that we put that out to what was the big four and is now the big three, just saying. MR. OCHS: Okay. CHAIRWOMAN HILLER: But we do want to thank our auditors for many years of good service, and it's really unfortunate Page 154 June 25, 2013 they jacked the price up. My understanding is they no longer want to be in governmental auditing, and so -- COMMISSIONER COYLE: Can't blame them for that. CHAIRWOMAN HILLER: But it's so much fun. I mean, all that fund accounting and all the compliance work. MR. OCHS: And the second item, I wanted to advise the board that I received a letter last week from Mr. Mike Reagen from the chamber advising me that the partnership for Collier's Future Economy, which is a subsidiary of the Greater Naples Chamber of Commerce, has incorporated as a separate 501(c)(6) corporation and is reaching out. CHAIRWOMAN HILLER: (c)(3)? MR. OCHS: No, (c)(6). CHAIRWOMAN HILLER: What is a (c)(6)? Jeff, what is a (c)(6)? MR. OCHS: It's a 501(c)(6), business association. COMMISSIONER FIALA: Maybe they can be politically involved. MR. KLATZKOW: I'd don't know what a 501(c)(6) is. CHAIRWOMAN HILLER: Well, a (c)(4) is political. (c)(4) is a PAC, but I'd like to know what a (c)(6) is. MR. FEE: Economics. COMMISSIONER FIALA: Economics, he said. CHAIRWOMAN HILLER: Economics what? MR. FEE: Nonprofit. CHAIRWOMAN HILLER: Oh, that's right. You're an accountant. Why don't you come up and tell us. Look it up. Google it. Wikipedia it, then come up and tell us. MR. FEDER: That's what it is. CHAIRWOMAN HILLER: It's -- I'd like to know. MR. OCHS: Okay. I mean, the point of the letter is to express their interest in working with the board and my office of business Page 155 June 25, 2013 economic development as the private component of the public/private partnership that was originally proposed to the board when you authorized the development of the economic development office. I told you at the time that most of the best practice models around the country consisted of some type of public/private partnership. The hope now is to develop some type of a draft interlocal agreement that we could bring in front of this board in the fall that you could potentially consider and memorialize so we can formalize that relationship. I think this is a good-news item and shows that the private sector has designated an agency to step forward and try to fill that private component of the public/private partnership that we've been talking about. CHAIRWOMAN HILLER: I think that is a very good-news component. I think it's excellent. MR. OCHS: More to come on that. CHAIRWOMAN HILLER: And, finally, you know, we're going to have a partnership with a group of people, hopefully, that will bring the substance and commitment to economic development that we need MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- in this community. But we still need to know what a (c)(6) is. MR. KLATZKOW: It is a nonprofit that uses its resource -- it's revenues to support for-profit businesses. I've never encountered one. CHAIRWOMAN HILLER: Nor have I. COMMISSIONER FIALA: Say that one more time. CHAIRWOMAN HILLER: Does that mean they're going to hand out incentives? MR. KLATZKOW: It is a nonprofit -- a 501(c) is a nonprofit that uses its revenues for, like, public purposes, which is the one that I'm used to. CHAIRWOMAN HILLER: Right. Page 156 June 25, 2013 MR. KLATZKOW: A 501(c)(6) is a nonprofit that uses its revenues to support for-profit businesses. COMMISSIONER FIALA: Oh. COMMISSIONER NANCE: The flying monkey. COMMISSIONER COYLE: That sounds illegal. MR. KLATZKOW: I just haven't come across one. I suppose it could have a development that might be -- CHAIRWOMAN HILLER: I can tell you, if they're saying that there are for-profits out there that are charity cases, I would agree with that. COMMISSIONER NANCE: It's a flying monkey. CHAIRWOMAN HILLER: So now we have a nonprofit supporting profit entities. COMMISSIONER COYLE: Refer them to the IRS for review and -- COMMISSIONER NANCE: Clarification. COMMISSIONER COYLE: Yes. MR. KLATZKOW: When it comes to the IRS, it's -- CHAIRWOMAN HILLER: Ours is not to ask the reason why. Ours is just to do or die. MR. OCHS: That's all that I had today, Madam Chair. CHAIRWOMAN HILLER: Thanks, Leo. Nice meeting. MR. OCHS: Nice meeting. CHAIRWOMAN HILLER: Very nice. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Except for the part where you made me wear the hat. COMMISSIONER NANCE: What'd you do with the hat, Mr. Ochs? You've wimped out on me there. MR. OCHS: I have it right here, sir. I'll put that on for the benefit of the commission. CHAIRWOMAN HILLER: You are so low. Page 157 June 25, 2013 COMMISSIONER NANCE: That's cold, isn't it? CHAIRWOMAN HILLER: Okay. That is cruel and unusual punishment to -- COMMISSIONER COYLE: Who won last night? MR. OCHS: That was the Chicago Blackhawks, sir, in case you missed it. CHAIRWOMAN HILLER: County Attorney? MR. KLATZKOW: I have nothing. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Nothing. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Three things. The chamber also sent out another letter that the Miami Dolphins has just submitted their membership application to become a part of the Naples Area Chamber of Commerce, and -- CHAIRWOMAN HILLER: Miami Dolphins? COMMISSIONER FIALA: Miami Dolphins. CHAIRWOMAN HILLER: I like it. COMMISSIONER FIALA: And with that application, they also said they wanted to become more involved in the community and in some of the committees that are involved in our community. I thought that was pretty interesting. It's interesting that they've taken an interest in us, and I want to watch and see what they do. CHAIRWOMAN HILLER: They're going to change their name to the -- either Collier Dolphins or the Marco Dolphins. COMMISSIONER FIALA: Naples Neapolitans? CHAIRWOMAN HILLER: No. They're going to stick to Dolphins, just change the first part. COMMISSIONER COYLE: They want a new stadium here. COMMISSIONER FIALA: Wouldn't hurt so bad. Secondly, I hope that all of you -- we've just come out of a very combative time with our EMS director. I hope that now you see a Page 158 June 25, 2013 different outcome from the same team that's in place. I just wanted to mention that. And last, not least, I wasn't able to talk to anybody about the CRA progress. I was hoping that I would be allowed to at least ask them those questions, but I'm looking forward to seeing what things that they're working on -- I know we can't hear about it over the summer anymore, but what things they're working on to further their goals and get more deeply entrenched in the beautification and upgrading of their communities. So I do hope you'll let me get them on the calendar for the fall. CHAIRWOMAN HILLER: Absolutely. No question about it. And just for the benefit of the public, we had to recess at 12:15 because we had bond counsel and our underwriters waiting in the county manager's conference room to sign all the documents related to the bond refinancing. COMMISSIONER FIALA: But that wasn't it; it was earlier. And, you know, we had some time, you know, even between our meetings. We could have -- you know, we could have stretched this another 15 minutes and, you know, maybe heard it a little bit later, but I'm just still licking my wounds. CHAIRWOMAN HILLER: Don't lick them, because there was no wounding intended. It was -- we made a commitment. That's all. COMMISSIONER NANCE: Well, Commissioner Fiala, make some comments on the CRA. You wanted to give -- COMMISSIONER FIALA: That's just what I said. COMMISSIONER NANCE: Oh, okay, all right. CHAIRWOMAN HILLER: We definitely -- I agree with Commissioner Fiala. It would be a good thing to have an interim report and get it on the agenda and give them -- give the staff the opportunity to prepare the backup and include it in the material with the agenda so that, you know, whoever doesn't listen to the meeting gets the benefit of reviewing the material. Page 159 June 25, 2013 Commissioner Nance? COMMISSIONER NANCE: Yes. I just have -- I have two things. One of which is -- one of the items on the summary agenda today, Item 17H, was regarding irrigation quality reuse water, and it had to do with our policies and our user agreements. And I had asked that that be delayed so I could talk to Dr. Yilmaz about that. And I just wanted to point out to everyone that this is a very, very important program. We have an outstanding opportunity to do great things in Collier County with our irrigation quality reuse water. I think it will be a topic that we can elaborate a little bit more on our landscaping workshop for this coming fall. And, also, it's going to give us -- that workshop will give us a chance to work closer with our University of Florida extension personnel, which is part of government we fund here, to aid us going forward. Irrigation quality reuse water is something that not only drops our costs; it's a sustainable practice. It will not only help with our municipal water system, but it will also help our environmental circumstances in Naples Bay and the gulf as a whole, so I look forward to working on that quite a bit. The second thing I wanted to mention is going forward, one of the other concerns I had on a consent agenda item was a bid process that we had that I thought was excluding some of our people from participating and, perhaps, not producing the best possible results. And that was not a criticism of our personnel, but it was a criticism of our bid protocol itself. And I think everybody can see, when you take a look at what's recently happened with our beach renourishment, our situation with Ernst & Young, and some of our situations elsewhere throughout our agendas, is that very oftentimes we have a very, very low number of bidders. And we have some excellent vendors that provide us with great service, but the downside of that is, when we get very comfortable Page 160 June 25, 2013 with those people, if something happens to them, we don't have enough vendor development to bridge that gap. And this Ernst & Young situation is a very classic where we've had somebody for many, many years that's appointed themselves very fairly with us, all of a sudden they're no longer available to us. So I think we need to work -- do a considerable amount of work on our bidding protocol and in our vendor development. CHAIRWOMAN HILLER: Commissioner Henning? I was going to call you Commissioner Hiller. COMMISSIONER HENNING: Madam Chairman Hiller, you know, I recognize what you were trying to accomplish with the medical director, the only contract that we've ever had. And you need to provide that contrast and comparable to see if you did the right thing, and now I know that we did the right thing; however, there are contracts in the past that never have been out to bid. CHAIRWOMAN HILLER: That's bad. And we need -- and like I said, I mean, I will not endorse any evergreen contract. I just think it's against public policy. I have said that repeatedly. COMMISSIONER HENNING: And, you know, it's a political thing with -- CHAIRWOMAN HILLER: What contracts are evergreen contracts? COMMISSIONER HENNING: Waste Management, Waste Management contract. CHAIRWOMAN HILLER: That has never been put out to bid? That has never been put out to bid? I thought that was bid. COMMISSIONER HENNING: Once. COMMISSIONER FIALA: I thought it was, too. COMMISSIONER HENNING: Once. MR. OCHS: Once many, many years ago. CHAIRWOMAN HILLER: Really? MR. OCHS: And that was renewed. Page 161 June 25, 2013 COMMISSIONER HENNING: Yeah, for decades. But anyways, there's -- CHAIRWOMAN HILLER: That's -- that's a problem. COMMISSIONER HENNING: Obviously there's something going on between certain staff members at the Naples Daily News and yourself, and hopefully that doesn't affect this political board. The second thing is, I commend you on conducting your meeting to add on items to the agenda that -- or piggyback items as just an add-on to an item, and it should be voted on by the board; however, we do have -- we have adopted procedures for that. And if I recall, that's mostly if it's in case of an emergency, but you also have commissioners' comments if a commissioner wants to talk about certain things that are going on in county government, so on and so forth. So, again, I thank you for conducting a great meeting. Here it is a little bit after 3 o'clock, and we're just about done. CHAIRWOMAN HILLER: And we had a number of very serious issues -- COMMISSIONER NANCE: Tough issues. CHAIRWOMAN HILLER: -- that involved significant public comment. So I have to thank everyone, because it was a collective effort to get us through what could have been a very difficult agenda if it had not been managed appropriately by the board as a whole. MR. OCHS: Madam? CHAIRWOMAN HILLER: Yeah. MR. OCHS: I'm sorry. CHAIRWOMAN HILLER: Go ahead. Just go right ahead. And I just want you to know, this was given to me by one of your employees. MR. OCHS: Very nice. CHAIRWOMAN HILLER: And now, because we changed the ethics ordinance -- Page 162 June 25, 2013 COMMISSIONER NANCE: Which one? CHAIRWOMAN HILLER: -- it is not criminal for me to accept it. So I just want you to know -- and I think it looks really good. The black contrast, I want you to know -- COMMISSIONER NANCE: That looks like $26 to me, Commissioner. COMMISSIONER COYLE: It's a good reason to terminate that employee, though. CHAIRWOMAN HILLER: It is not. In fact -- in fact, I think we need to find out who it is and do a special -- COMMISSIONER COYLE: I know who it is. I wrote down his name. CHAIRWOMAN HILLER: I am going to declare -- add that to my list of proclamations for the next meeting. MR. OCHS: That was the one thing I failed to bring up that I wanted to talk about, if I may, just for a minute, Madam Chair. Your request for the next meeting, I'm very happy to attempt to acknowledge certainly current employees and former employees. I'm just wondering if the board wants to give some thought to either having me come back with a policy that's a little bit more comprehensive -- because I don't know how we're going to manage this on an individual commissioner basis deciding each week. CHAIRWOMAN HILLER: Well, you know, here's the thing. We did it for this one employee. We didn't do it for other very valuable employees. I think, you know, the particular -- I'm concerned because, you know, we're slighting -- we're being selective. We're slighting one, endorsing the other. I think -- I mean, I am absolutely adamant to assert my right to bring proclamations to recognize those three employees, and I'm going to do it. COMMISSIONER HENNING: Great. CHAIRWOMAN HILLER: And the reason I say that these employees were not recognized. They put in as long, if not, more time Page 163 June 25, 2013 COMMISSIONER HENNING: I'll support that. CHAIRWOMAN HILLER: -- and make more contributions than Diane Flagg did. I mean, we're talking about directors of, you know, divisions. We're talking about, you know, the chief engineer. You know, Diane made a contribution, but she was a manager. MR. OCHS: I'm not saying they're not deserving. You obviously understand that. CHAIRWOMAN HILLER: I think it's, you know -- MR. OCHS: It's just there's so many that are, I don't know how we draw the line or where we go with this, so -- CHAIRWOMAN HILLER: I personally don't think -- MR. OCHS: -- that's why I suggested a policy of the board policy. CHAIRWOMAN HILLER: The policy should be that we -- you know, we have consistently honored employees who have been here for X number of years, and we do that through the county manager. But when you're looking at directors, you know, the board should recognize directors for their contribution. You know, this board recognized a manager. You should be recognizing your managers. We should not be recognizing managers. You know, as the board, we should be recognizing, you know, Nick and George and Len. COMMISSIONER COYLE: No, no. COMMISSIONER FIALA: How about after 30 years? CHAIRWOMAN HILLER: Did you hear -- Len, can you come up here? If you want to whack him, okay. He just said no, all right. I'm telling you right now. No, the bottom line is, we should recognize -- I think the board should be recognizing the chief engineer, the directors, those kind of individuals who leave. COMMISSIONER COYLE: That's a policy. That's what he's Page 164 June 25, 2013 asking for. CHAIRWOMAN HILLER: Right. And that's what I'm saying. That's what we should develop as a policy. We recognized Norm Feder. That makes sense. COMMISSIONER NANCE: Why don't we let Mr. Ochs develop a policy so that we don't -- the embarrassing thing is when you overlook somebody, which obviously we have. We don't want to do that. So I think bringing something forward that tickles the board saying, hey, don't forget this person; it flies under the radar because we have a very busy agenda. CHAIRWOMAN HILLER: And it needs to be -- it needs to be mandatory. It needs to be without exception, because I will tell you, there were a lot of people who were very unhappy with Diane Flagg, very dissatisfied with her at many, many levels. I mean, she faced lawsuits, you know, brought by disgruntled employees who felt that she was discriminating against them, that the county had to settle and pay out on. So I really think that, you know, if we're going to do something, it should be consistent, and I feel very strongly that we need to recognize -- because those are the people we approve that you select, and those are the people that are the leadership, and we as a board should be directly recognizing all the directors for their -- and, you know, the chief engineer and, like, whatever, the chief attorney or whatever you want to call him. But I do not believe that this board should be endorsing managers and recognizing managers, because then we have to endorse all of them. And, boy, let me tell you something, we're talking 200 managers. COMMISSIONER NANCE: You can choose to -- you can choose to knight anyone. CHAIRWOMAN HILLER: I knight you. COMMISSIONER NANCE: Okay. Page 165 June 25, 2013 CHAIRWOMAN HILLER: And here's how I say it; night, night. So, yes, please bring back a policy on that, but I will bring forward proclamations for those three, because I think it's unfair, and they deserve the recognition and never received it. MR. OCHS: Thank you. COMMISSIONER HENNING: Motion to adjourn. CHAIRWOMAN HILLER: Motion to adjourn. 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: Meeting is adjourned. ***** **** Commissioner Henning moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent Agenda be approved as amended **** Item #16A1 AN EASEMENT AGREEMENT AND TEMPORARY EASEMENT AGREEMENT TO ACQUIRE A DRAINAGE EASEMENT (PARCEL NO. 273DE) AND A TEMPORARY CONSTRUCTION EASEMENT (PARCEL NO. 273TCE) WHICH ARE NEEDED FOR CONSTRUCTION OF THE HALDEMAN CREEK AND CROWN POINTE WEIRS AS PART OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101 (19B) ESTIMATED FISCAL IMPACT: $2,500 PLUS RECORDING Page 166 June 25, 2013 COSTS OF LESS THAN $100 — FOR A COMBINED TOTAL 482 SQUARE FEET Item #16A2 SHORT-LIST OF DESIGN PROFESSIONALS FOR RFP #13-6085 AND ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND KISINGER CAMPO & ASSOCIATES, CORP. FOR "DESIGN & RELATED SERVICES FOR VANDERBILT DRIVE BRIDGE REPLACEMENTS" (#030177 & #030178) PROJECT NO. 66066 — BUILT IN 1964 AND DESIGNATED BY COLLIER COUNTY AS A HURRICANE EVACUATION ROUTE Item #16A3 MEDIATED SETTLEMENT AGREEMENT WITH PROPERTY OWNER LUIS PINEROS AND A STIPULATED FINAL JUDGMENT DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE SETTLEMENT AGREEMENT, AWARDING COMPENSATION, INCLUSIVE OF ALL FEES AND COSTS, IN THE AMOUNT OF $54,900 FOR PARCEL 204RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH NOEL, ET AL., CASE NO. 07-3200-CA (OIL WELL ROAD PROJECT #60044) (FISCAL IMPACT: $46,670) — FOR A RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT MEASURING 150' X 70' ALONG EVERGLADES BOULEVARD FOR THE OIL WELL ROAD WIDENING PROJECT Item #16A4 AGREED ORDER AWARDING EXPERT FEES & ATTORNEY FEES IN CONNECTION WITH PARCELS 111 FEE AND 111 TCE Page 167 June 25, 2013 IN THE LAWSUIT STYLED COLLIER COUNTY VS. A L SUBS, INC., ET AL., CASE NO. 09-3691-CA, COLLIER BOULEVARD PROJECT NO. 60092 (FISCAL IMPACT: $14,000) — TO PAY COSTS ASSOCIATED WITH DESIGN AND CONSTRUCTION OF AN EXIT DRIVEWAY ONTO BECK BOULEVARD IN ACCORDANCE WITH THE STIPULATED FINAL JUDGEMENT ENTERED INTO ON DECEMBER 14, 2011 Item #16A5 THE ANNUAL TRAFFIC COUNT PAYMENTS AS FULFILLED WITHIN THE VINEYARDS PUD BASED UPON CHANGES TO THE LAND DEVELOPMENT CODE — MEETING ALL OF THE TRAFFIC MONITORING REQUIREMENTS Item #16A6 RELEASE OF LIEN IN THE AMOUNT OF $74,080 FOR PAYMENT OF $530, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. IRMA ARRENDONDO, CODE ENFORCEMENT BOARD CASE CEPM20120001359, RELATING TO PROPERTY LOCATED AT 1948 45TH TERRACE S.W., COLLIER COUNTY, FLORIDA — FOR THE NON-COMPLIANCE PERIOD OF 148 DAYS FOR AN OCCUPIED DWELLING WITHOUT WATER AND BROUGHT INTO COMPLIANCE BY FEDERAL NATIONAL MORTGAGE ASSOCIATION ON AUGUST 20, 2012 Item #16A7 RESOLUTION 2013-130: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE Page 168 June 25, 2013 VERONAWALK PHASE 3B FINAL PLAT, (AR-6688) WITH ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE A RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THE IMPROVEMENTS AND PLAT DEDICATIONS AND RELEASE A MAINTENANCE SECURITY IN THE AMOUNT OF $352,552 Item #16A8 RECORD THE FINAL PLAT OF REGAL ACRES PHASE ONE (APPLICATION PPLA-PL20130000314), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A9 AWARD CONTRACT #13-6100, ANNUAL BID STOP SIGNS, TO MUNICIPAL SUPPLY AND SIGN COMPANY — A 1-YEAR CONTRACT WITH THE OPTION FOR THREE (3) ADDITIONAL 1-YEAR RENEWALS WITH COSTS ESTIMATED AT $30,000 ANNUALLY AND WITH CUSTOM PRODUCT CORPORATION SUPPLYING SIGNS IN THE EVENT MUNICIPAL IS UNABLE TO FULFILL THE CONTRACT Item #16A10 STANDARD FORM CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR ROAD AND UTILITY IMPROVEMENTS REQUIRED BY THE HACIENDA LAKE PLANNED UNIT DEVELOPMENT ORD. NO. 11-41 — PERMIT Page 169 June 25, 2013 REVIEW FEES HAVE BEEN PAID AND THE SECURITY HAS BEEN ACCEPTED BY THE COUNTY ATTORNEY'S OFFICE Item #16A1 1 RECOGNIZE FY13/14 TRANSPORTATION DISADVANTAGE PLANNING GRANT FUNDS IN THE AMOUNT OF $25,896 FOR COLLIER METROPOLITAN PLANNING ORGANIZATION FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED AND AUTHORIZING THE NECESSARY BUDGET AMENDMENT — FOR SPECIFIC PLANNING TASK IN THE MPO'S FY 13/14 FISCAL YEAR (JULY-JUNE) Item #16Al2 CHAIRWOMAN TO SIGN A MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND BENT CREEK PRESERVE LLC IN ORDER FOR THEM TO MAINTAIN A FUTURE WET LAKE FOR THE COUNTY AND TO INDEMNIFY THE COUNTY IN REGARDS TO THE WET LAKE — LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16A13 RESOLUTION 2013-131: APPOINTING JENNIFER HECKER AND JEREMY FRANTZ (ALTERNATE) TO THE RESTORE EVALUATION COMMITTEE AS REPRESENTATIVES OF THE CONSERVANCY OF SOUTHWEST FLORIDA TO REPLACE THE CURRENT REPRESENTATIVE ANDREW MCELWAINE Item #16A14 Page 170 June 25, 2013 THE "HITS TRIATHLON SERIES", EVENT TO TAKE PLACE IN COLLIER COUNTY ON JANUARY 12-13, 2014, INCLUDING EVENING HOURS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A15 CHAIRWOMAN TO SIGN A COST SHARE AGREEMENT BETWEEN COLLIER COUNTY AND FOREST GLEN GOLF & COUNTRY CLUB HOMEOWNERS ASSOCIATION IN ORDER TO PROVIDE AN INTERIM ACCESS IMPROVEMENT INTO FOREST GLEN — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 THE CRA BOARD APPROVAL A BUDGET AMENDMENT TO REESTABLISH FUNDS TO REIMBURSE A CRA APPROVED COMMERCIAL BUILDING IMPROVEMENT GRANT — FOR CONTEMPLATED CONSTRUCTION THAT WASN'T COMPLETED IN FY 2012 SO THE FUNDS WERE SWEPT INTO CRA FUND 187 AS CARRYFORWARD Item #16B2 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY, APPROVES A CO-SPONSORSHIP AGREEMENT WITH THE U.S. SMALL BUSINESS ADMINISTRATION (SBA), TO COSPONSOR SMALL BUSINESS TRAINING SESSIONS WITH THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) IN Page 171 June 25, 2013 IMMOKALEE — WILL BE HELD JULY 19 & AUGUST 30, 2013 WITH 10-20 ATTENDEES AT NO COST Item #16C1 WORK ORDER UNDER REQUEST FOR QUOTATION #08-5011- 94 IN THE AMOUNT OF $355,500 TO HASKINS, INC. FOR IRRIGATION QUALITY WATER/REUSE VALVE REPLACEMENT UNDER NORTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT NUMBER 73968 — REPLACING VALVES THAT HAVE REACHED THE END OF THEIR USEFULNESS AND NO LONGER SEAL TIGHTLY NECESSARY FOR LIN ISOLATION AND MAINTENANCE OF THE PIPING AND EQUIPMENT Item #16C2 RATIFY STAFF'S EXTENSION OF CONTRACT NO. 11-5749, "ELECTRICAL UPGRADES AT THE SOUTH COUNTY WATER RECLAMATION FACILITY," WITH GULF STATES ELECTRIC, INC., IN ORDER TO PROCESS THE CONTRACTOR'S FINAL INVOICE FOR WORK COMPLETED AT THE SOUTH COUNTY WATER RECLAMATION FACILITY — REPLACING CORRODED TINNED COPPER CABLE AND HARDWARE WITH ALUMINUM CABLE AND HARDWARE THAT ISN'T AFFECTED BY THE HIGH CONCENTRATIONS OF HYDROGEN SULFIDE Item #16C3 RESOLUTION 2013-132/CWS RESOLUTION 2013-02: 1) A RESOLUTION AUTHORIZING THE CURRENT REFUNDING Page 172 June 25, 2013 OF THE COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B; THE AUTHORIZATION OF THE ISSUANCE OF COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BOND, SERIES 2013 IN A PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000; AND, THE AUTHORIZATION OF THE EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENT WITH THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. THIS ACTION IS TAKEN PURSUANT TO PREVIOUS BOARD APPROVAL ON JUNE 11, 2013 OF THE REFUNDING PROPOSAL FROM PNC BANK Item #16C4 BUDGET AMENDMENT IN THE TOTAL AMOUNT OF $650,000 TO FUND PLANNED WATER UTILITY PROJECTS IN THE RAW WATER WELLFIELD, AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, AND AT THE DISTRIBUTION REPUMP STATIONS, UNDER PROJECT NUMBERS 71066, 71067, AND 70085 — FOR THE REHABILITATION AND STRUCTURAL REPAIR TO ALL DISTRIBUTION REPUMP STATIONS TO MEET DEMAND AND STAY IN COMPLIANCE Item #16D1 RECOGNIZING FY 2012/2013 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE IN THE AMOUNT OF $36,657 REQUIRING A 50% REQUIRED MATCH IN THE AMOUNT OF $36,657 AND AUTHORIZE ALL Page 173 June 25, 2013 NECESSARY BUDGET AMENDMENTS — FOR THE COLLIER AREA TRANSIT OPERATION FOR THE IMMOKALEE ROUTES Item #16D2 RESOLUTION 2013-133: FY2013/14 TRANSPORTATION DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) IN THE AMOUNT OF $853,953 WITH A LOCAL MATCH OF $94,875; APPROVING THE RESOLUTION AUTHORIZING THE CHAIRWOMAN OF THE BOARD OF COUNTY COMMISSIONER (BCC) TO EXECUTE THE AGREEMENT; AND, AUTHORIZE THE REQUIRED BUDGET AMENDMENTS Item #16D3 THE 2013 ANNUAL PROGRESS REPORT OF THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) — ALLOWING THE COUNTY TO CONTINUE TO RECEIVING STATE BLOCK GRANT FUNDING THAT HELPS OFFSET THE FIXED ROUTE TRANSIT SYSTEM OPERATION Item #16D4 — Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A BUDGET AMENDMENT RECOGNIZING AND APPROPRIATING $128,900 OF UNBUDGETED CARRYFORWARD IN THE MUSEUM OPERATING FUND Page 174 June 25, 2013 Item #16D5 GRANT APPLICATION FOR A 3-YEAR FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT THAT IS PART OF THE VICTIMS ADVOCACY ORGANIZATION (VAO) GRANT PROGRAM FOR EXPANSION OF DRUG COURT PROGRAMS (FISCAL IMPACT $1,707,183 OVER 3 YEARS) — IN ORDER TO ASSIST THOSE CITIZENS WITH SUBSTANCE ABUSE AND MENTAL HEALTH PROBLEMS Item #16D6 AFTER THE FACT SUBMITTAL OF THE THREE ATTACHED PROJECT PROPOSALS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE STATE DISCRETIONARY TRANSIT SERVICE DEVELOPMENT PROGRAM AND STATE PARK-AND-RIDE LOT PROGRAM FOR A TOTAL FUNDING REQUEST OF $1,600,000 ($800,000 OF GRANT FUNDS AND $800,000 OF LOCAL MATCH) — FOR THE FOLLOWING THREE PROJECTS: THE PARK & RIDE PROJECT, THE NEW ROUTE PROJECT, AND FOR THE MARKETING PLAN Item #16D7 AWARDING ITB #13-6032 IN THE AMOUNT OF $49,560 TO FA REMODELING AND REPAIRS, FOR CLEANING AND PAINTING OF THE ROLLER HOCKEY RINK AT VETERANS COMMUNITY PARK AND AUTHORIZE THE BOARD'S Page 175 June 25, 2013 CHAIRWOMAN TO APPROVE THE ATTACHED COUNTY ATTORNEY REVIEWED CONTRACT Item #16D8 RECOMMENDATION TO APPROVE ONE (1) MORTGAGE SATISFACTION FOR THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) LOAN IN THE AMOUNT OF $2,500 — FOR FOLIO #48600002224 Item #16D9 ADOPTION OF THE SAME SUBORDINATION POLICY, FORMS AND AGREEMENT CURRENTLY USED UNDER THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR ALL FUTURE STATE, AND FEDERAL REQUESTS — ALLOWING LOW INCOME HOMEOWNERS TO BENEFIT FROM LOW INTEREST RATES, ALLOWING FOR REFINANCE OF THEIR MORTGAGES TO KEEP THEIR PAYMENTS AFFORDABLE Item #16D10 SUBSTANTIAL AMENDMENTS TO THE FY2010-2011 AND FY2012-2013 ACTION PLANS TO CLARIFY THE PROJECT SCOPE FOR COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY - IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC), RE-ALLOCATE UNSPENT PROJECT FUNDS FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PARTNERSHIP INVESTMENT (HOME) FUNDS AND APPROVE Page 176 June 25, 2013 ANY NECESSARY BUDGET AMENDMENTS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D11 GRANT AGREEMENT AMENDMENT BETWEEN COLLIER COUNTY AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE 2010 SHELTER PLUS CARE PROGRAM, PROJECT NUMBER FL0394C4D061222 AND ACCEPT COLLIER COUNTY HOUSING AUTHORITY'S TERMINATION OF A SUBRECIPIENT CONTRACT IN ORDER TO CHANGE THE PROJECT SPONSOR FROM THE COUNTY TO COLLIER COUNTY HOUSING AUTHORITY — FOR THE SUPPORTIVE SERVICES FOR PEOPLE MOVING FROM HOMELESSNESS TO INDEPENDENT LIVING, PROVIDING RENTAL ASSISTANCE WITH SUPPORTIVE SERVICES TO THE HOMELESS WITH DISABILITIES Item #16D12 AMENDMENT TO THE ADMINISTRATIVE PLAN FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AND THE NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) — UPDATING THE ADMINISTRATIVE PLAN AND CONTINUE TO ASSIST LOW TO MODERATE INCOME BENEFICIARIES WITHIN THE COMMUNITY IN THE NSP EXIT STRATEGY AS DIRECTED BY THE BOARD Item #16D13 Page 177 June 25, 2013 AMENDMENTS BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA TO AMEND THE CONTRACTED SERVICE YEARS IN THE COMMUNITY CARE FOR THE ELDERLY (CCE), HOME CARE FOR THE ELDERLY (HCE) AND ALZHEIMER'S DISEASE INITIATIVE (ADI) PROGRAMS FOR FY2012/2013 — SUPPORTING THE FRAIL AND ELDERLY CLIENTS IN COLLIER COUNTY Item #16D14 FIRST AMENDMENT TO AGREEMENT WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC) FOR SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES, WHICH WILL REVISE THE PERFORMANCE MEASURABLE GOALS CONTAINED IN THE PERFORMANCE OUTCOME REPORT — GIVING BEHAVIOR AND SUBSTANCE ABUSE SERVICES TO THE COMMUNITY Item #16D15 REIMBURSEMENT TO THE GRANTOR AGENCY, SENIOR CHOICES OF SOUTHWEST FLORIDA, IN THE AMOUNT OF $318 FOR OVERPAYMENT IN THE HOME CARE FOR THE ELDERLY GRANT BASIC SUBSIDY STIPEND TO A COLLIER COUNTY SENIOR'S CAREGIVER — DUE TO THE TERMINATION OF SERVICE Item #16D16 BUDGET AMENDMENT IN THE AMOUNT OF $35,764.50 AND Page 178 June 25, 2013 RECOGNIZE REVENUE GENERATED FROM CASE MANAGEMENT AND CASE AIDE FROM THE MEDICAID WAIVER PROGRAM — COLLECTED FOR THE PERIOD OF OCTOBER 6, 2012 THROUGH MAY 31, 2013 Item #16D17 DONATION OF A PHILLIPS HEARTSTART AUTOMATED EXTERNAL DEFIBRILLATOR FROM THE COLLIER COUNTY SENIOR SOFTBALL GROUP FOR USE BY THE PARKS AND RECREATION DEPARTMENT Item #16D18 AWARDING INVITATION TO BID (ITB) #13-6116 SHADE STRUCTURE REPLACEMENT TO SUNMASTER OF NAPLES, INC. TO SUPPLY AND INSTALL COMPLETE SHADE COVERS FOR THE SOCCER AND SOFTBALL SHADE STRUCTURES AT NORTH COLLIER REGIONAL PARK Item #16D19 AWARDING INVITATION TO BID (ITB) #12-5976 "GOLDEN GATE MSTU/MSTD GROUNDS MAINTENANCE" TO HANNULA LANDSCAPE & IRRIGATION INC. Item #16D20 AWARDING INVITATION TO BID (ITB) #13-6079 VETERINARY MEDICINE AND SUPPLIES, TO MERRITT VETERINARY SUPPLIES INC.; AUTHORIZE STAFF TO PURCHASE ANY ITEM NOT IMMEDIATELY AVAILABLE Page 179 June 25, 2013 FROM MERRITT VETERINARY SUPPLY, INC. PER PURCHASING POLICY; AND AUTHORIZE STAFF TO PARTICIPATE IN MANUFACTURER'S ANIMAL SHELTER DISCOUNT PROGRAMS — FOR THE MEDICAL CARE OF ANIMALS IN THE CARE OF DOMESTIC ANIMAL SERVICES Item #16D21 EXECUTE THE DOCUMENTS NECESSARY TO CONVEY TWO EASEMENTS TO FLORIDA POWER & LIGHT COMPANY ON COUNTY PROPERTY AT THE GORDON RIVER GREENWAY PARK; PROJECT NO. 80065.1 — FOR THE INSTALLATION OF OVERHEAD AND UNDERGROUND DISTRIBUTION LINES AT THE PARK FROM GOODLETTE-FRANK ROAD Item #16D22 EXECUTE THE DOCUMENTS NECESSARY TO CONVEY AN EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE, INC. ON COUNTY PROPERTY AT THE IMMOKALEE SOUTH PARK; PROJECT NO. 800851 — FOR THE INSTALLATION OF OVERHEAD LINES ALONG SCHOOL DRIVE INTO THE PARK PROPERTY Item #16D23 MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) FOR CONTINUED FUNDING OF THE TRANSPORTATION DISADVANTAGED (TD) PARATRANSIT PROGRAM — THE RE- Page 180 June 25, 2013 DESIGNATION OF THE BOARD AS THE COORDINATOR FOR THE COMMUNITY TRANSPORTATION COORDINATOR FROM JULY 1, 2013 TO JUNE 30, 2018 Item #16E1 BUDGET AMENDMENT RECOGNIZING UNANTICIPATED REVENUE OF $50,000 IN FUND 188, THE 800 MHZ INTERGOVERNMENTAL RADIO COMMUNICATION PROGRAM (IRCP) AND APPROPRIATE THE REVENUE FOR RADIO SYSTEM MAINTENANCE EXPENSES - THE TOWER OWNER RETURNED THE FUNDS AND DETERMINED THAT THE COUNTY'S CONTRIBUTION WASN'T REQUIRED Item #16E2 AGREEMENTS FOR REQUEST FOR PROPOSAL (RFP) #13-6099 COMMERCIAL AND RESIDENTIAL REAL ESTATE AND PROPERTY MANAGEMENT AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE CONTRACTS WITH COMMERCIAL REAL ESTATE CONSULTANTS LLC AND PREMIERE PLUS REALTY CO. — TO CONSULT AND ASSIST THE COUNTY WITH PURCHASE, SALE, LEASE AND MANAGEMENT OF THE COUNTY'S SIGNIFICANT REAL ESTATE HOLDINGS Item #16E3 PURCHASE OF FLOOD INSURANCE EFFECTIVE JULY 1, 2013 IN THE ESTIMATED AMOUNT OF $105,183 — FOR UNINSURED PROPERTIES THAT ARE NOW IDENTIFIED AS BEING LOCATED IN THE SPECIAL FLOOD HAZARD AREAS Page 181 June 25, 2013 Item #16E4 PURCHASE OF AMERICAN POWER CONVERSION (APC) POWER AND COOLING EQUIPMENT MAINTENANCE AGREEMENTS FROM GOVCONNECTIONS, INC., UTILIZING THE STATE OF FLORIDA CONTRACT #250-000-09-1 - FOR THE COOLING EQUIPMENT AND MAINTENANCE THAT SUPPORT THE IT DEPARTMENTS EQUIPMENT ON AN ANNUAL BASIS Item #16E5 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT IN THE AMOUNT OF $105,806 FOR PROGRAM ENHANCEMENT AND APPROVE THE ASSOCIATED BUDGET AMENDMENT - THE AGREEMENT IS FOR THE PERIOD BETWEEN JULY 1, 2013 AND WILL END ON JUNE 30, 2014 Item #16E6 FEDERALLY FUNDED SUB GRANT AGREEMENT AND OTHER DOCUMENTS REQUIRED TO ACCEPT THE ANNUAL EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT (EMPG), IN THE AMOUNT OF $97,123 FOR EMERGENCY MANAGEMENT PLANNING, RESPONSE, AND MITIGATION EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT - THIS AGREEMENT IS FOR THE PERIOD BETWEEN JULY 1, 2013 AND WILL END ON JUNE 30, 2014 Page 182 June 25, 2013 Item #16F1 RESOLUTION 2013-134: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET Item #16F2 REFUNDS OF AFFORDABLE HOUSING CONTRIBUTIONS TO THE MERCATO, LLP IN THE AMOUNT OF $286,867 AND TO GMRI, INC. IN THE AMOUNT OF $5,094.50, DUE TO THE REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION COMMITMENT FROM THE MERCATO MIXED USE PLANNED UNIT DEVELOPMENT Item #16F3 REFUNDS OF AFFORDABLE HOUSING CONTRIBUTIONS TO SEMBLER FAMILY PARTNERSHIP #41, LTD. IN THE AMOUNT OF $40,000.00 AND TO BANK OF AMERICA, NA, IN THE AMOUNT OF $2,286.50, DUE TO THE REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION COMMITMENT FROM THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT Item #16F4 REFUND OF AN AFFORDABLE HOUSING CONTRIBUTION TO SCRIPPS MEDIA, INC. TOTALING $55,587.00 DUE TO THE REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION Page 183 June 25, 2013 COMMITMENT FROM THE NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOPMENT Item #16F5 RELEASE OF LIEN FOR JASMINE CAY ASSOCIATES LTD. FOR THE JASMINE CAY APARTMENTS, DUE TO THE IMPACT FEES BEING PAID IN FULL IN ACCORDANCE WITH THE TERMS OF THE 1994 DEFERRAL AGREEMENT AND THE MULTI-FAMILY RENTAL IMPACT FEE DEFERRAL PROGRAM, AS SET FORTH BY SECTION 74-401(E) AND 74- 401(G) (5) OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES - DUE TO IMPACT FEES THAT WERE PAID IN FULL ON JANUARY 12, 2001 Item #16F6 BUDGET AMENDMENT IN THE AMOUNT OF $5,200 FROM THE COURT ADMINISTRATION FUND (681) TO THE TEEN COURT FUND (171) — HELPING TO COVER THE INSUFFICIENT REVENUES DUE TO THE SEVERE DECLINES IN PAST CONSECUTIVE SEVEN YEARS TO COVER THE PAYROLL BALANCE AND SCHOLARSHIP Item #16G1 — Withdrawn (Per Agenda Change Sheet) THIS ITEM CONTINUED FROM THE JUNE 11, 2013 BCC MEETING. RECOMMENDATION TO APPROVE A STANDARD FORM LEASE AGREEMENT BETWEEN SOUTHERN ILLINOIS CUSTOM AERIAL, LLC AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR IMPROVED PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT Page 184 June 25, 2013 Item #16G2 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR TO EXECUTE THE ATTACHED TEMPORARY COMMERCIAL AERONAUTICAL USE AGREEMENT WITH BAE SYSTEMS TO UTILIZE A PORTION OF THE AIRCRAFT APRON AT THE MARCO ISLAND EXECUTIVE AIRPORT FROM JULY 19 THROUGH JULY 31, 2013 — FOR OFFSHORE FIELD TEST UTILIZING FIREHAWK HELICOPTERS Item #16I1 MISCELLANEOUS CORRESPONDENCE — TO FILE WITH ACTION AS DIRECTED Page 185 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 25, 2013 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. MISCELLANEOUS CORRESPONDENCE: 1) Ave Maria Stewardship Community District Proposed FY13/14 Budget 2) Cedar Hammock Community Development District Proposed FY14 Budget; Adopted FY14 Final Budget Meeting Agenda: 12/10/12; 01/14/13, 02/11/13, 03/11/13 Meeting Minutes: 12/10/12; 01/14/13, 02/11/13, 03/11/13 3) Golden Gate Fire Control& Rescue District Copy of new registered agent J. Nolan Sapp notice 2/13/13 to DEO Special District Facilities Report dated 3/12/13 Copy of 5/8/13 Notice to FL Auditor General's Office regarding Audit Report Copy of new registered agent Kingman D. Schuldt notice5/20/13 to DEO Information submitted by the District to Clerk's Office including (CPA firm) Phillips Harvey Group's financial statements and Independent Auditor's Report 4) Hacienda Lakes Community Development District Proposed FY12/13 Budget Announcement for 01/21/13 Public Hearing 5) Heritage Bay Community Development District Proposed FY14 Budget 6) Heritage Greens Community Development District Meeting Agenda: 01/21/13, 02/18/13 Meeting Minutes: 01/21/13, 02/18/13 7) Naples Heritage Community Development District Proposed FY14 Budget; Adopted FY14 Final Budget Meeting Agenda: 01/08/13, 03/05/13 Meeting Minutes: 01/08/13, 03/05/13 8) Port of the Islands Community Improvement District Meeting Agenda: 02/15/13, 02/26/13, 03/15/13, 04/19/13 Meeting Minutes: 02/15/13, 02/26/13, 03/15/13, 04/19/13 Maintenance Agreement & Grant of Easement 03/15/13 Meeting 9) Quarry Community Development District Proposed FY13/14 Budget 10)Verona Walk Community Development District: Proposed FY13/14 Budget 11)Code Enforcement Annual Published Legal Notice: Regarding Litter, Weeds & Exotic Control 2012 and 2013 June 25, 2013 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF MAY 30, 2013 THROUGH JUNE 5, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF JUNE 6, 2013 THROUGH JUNE 13, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY13 LOCAL STANDARD GRANT, AUTHORIZE THE ELECTRONIC SUBMISSION OF THE APPLICATION, ACCEPT THE GRANT WHEN AWARDED, APPROVE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2013 JAD STANDARD GRANT FUNDS Item #16K1 — Moved to Agenda Item #12A (Per Agenda Change Sheet) **** Commissioner Henning moved, seconded by Commissioner Nance and carried unanimously that the following items under the Summary Agenda be approved as amended **** Page 186 June 25, 2013 Item #17A RESOLUTION 2013-135: PETITION VAC-PL20130000515, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF A 12.5-FOOT WIDE DRAINAGE EASEMENT, BEING A PART OF LOT 39, BLOCK KK, QUAIL WEST PHASE III, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17B RESOLUTION 2013-136: PETITION VAC-PL20130000583, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A, AND ACCEPT THE GRANT OF A REPLACEMENT EASEMENT Item #17C RESOLUTION 2013-137: RESOLUTION AFFIRMING THAT A SPORTING GOODS STORE IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL PLAN Page 187 June 25, 2013 DESIGNATED AREAS OF THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT, AS AUTHORIZED IN SECTION 3.3.A.(N) OF ORDINANCE 92-10 AS AMENDED. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (ZLTR-PL20130000494) Item #17D RESOLUTION 2013-138: RESOLUTION AFFIRMING THAT MANUFACTURING OF SMALL ARMS AND SMALL ARMS AMMUNITION ARE COMPARABLE AND COMPATIBLE USES WITHIN THE INDUSTRIAL DEVELOPMENT DESIGNATED AREAS OF THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 3.2.A.36) OF ORDINANCE 01-59 AS AMENDED. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (ZLTR-PL20130000495) Item #17E RESOLUTION 2013-139: RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL AND A CHILDCARE CENTER WITHIN A RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SUBSECTIONS 2.03.01.A.1.C.10 AND 2.03.01.A.1.C.11., RESPECTIVELY, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 Page 188 June 25, 2013 EAST, COLLIER COUNTY, FLORIDA (PETITION # CU- PL20120001074) Item #17F ORDINANCE 2013-46: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING PROPERTY FROM THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT KNOWN AS THE VETERANS OF FOREIGN WARS PUD TO THE ESTATES (E) ZONING DISTRICT FOR PROPERTY LOCATED AT 7071 HUNTERS ROAD IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5+/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 75-29, THE VETERANS OF FOREIGN WARS PUD; AND BY PROVIDING AN EFFECTIVE DATE (PETITION RZ- PL20130000049) Item #17G ORDINANCE 2013-47: AN ORDINANCE AMENDING ORDINANCE NUMBER 2010-28, THE MERIDIAN VILLAGE MPUD, TO ALLOW AS PERMITTED USES A YOUTH CENTER AND OTHER USES COMPARABLE TO THE PERMITTED USES IN THIS PUD. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT- Page 189 June 25, 2013 PULLING ROAD AND ESTEY AVENUE IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; AND BY PROVIDING AN EFFFECTIVE DATE (PUDA-PL20130000886) Item #17H THIS ITEM CONTINUED FROM THE JUNE 11, 2013 BCC MEETING. ORDINANCE 2013-48 AND RESOLUTION 2013- 140: ADOPTING (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 Item #17I RESOLUTION 2013-141: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET Page 190 June 25, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:11 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SP E/9 A L DISTRICTS UNDER ITS CONTROL i GE$ ,' A F ILLER, CHAIRWOMAN ATTEST DWIGHT3CK, CLERK ki i ''''. --. ......''' Uwe ' ' : i - ': - .Airi* Am •st as to Cha*an's l'•.',,,,:;., .> signature only." � . ` These minutes approved by the Board on SreniLiex I D � ' as presented ✓ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 191